HomeMy WebLinkAbout09/10/2015 - 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, September 10, 2015
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentations:
a.Presentation regarding the sponsorship, involvement and support of the Texas Army
National Guard to the 2015 Games of Texas hosted by Bryan/College Station/Texas
A&M University as well as the relationship between the City and TAAF enabling us to
host this economic boosting event.
b.Presentation to the College Station Police Department proclaiming September 19,
2015 as Thank a Police Officer Day.
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:
· August 19, 2015 Special Meeting (Budget Workshop)
· August 27, 2015 Workshop
· August 27, 2015 Regular Council Meeting
· September 2, 2015 Special Meeting (Tax Rate Public Hearing)
15-04982a.
Sponsors:Mashburn
Page 1 College Station, TX Printed on 9/4/2015
September 10, 2015City Council Regular Meeting Agenda - Final
BUDWKSHP081915 DRAFT Minutes.docx
WKSHP082715 DRAFT Minutes.docx
RM082715 DRAFT Minutes.docx
SM090215 DRAFT Minutes.docx
Attachments:
Presentation, possible action, and discussion regarding ratification
of a pole attachment license agreement with Cebridge Acquisitions,
L.P., d/b/a Suddenlink Communications.
15-02862b.
Sponsors:Crabb
Suddenlink Signed_City of College Station_Pole Attachment Agreement_Final_20150527.pdfAttachments:
Presentation, discussion and possible action on the Bylaws of The
Research Valley Partnership, Inc. including Article III, Appointment
and Qualifications of Directors.
15-05272c.
Sponsors:Ruiz
15 08 21 Meronoff Letter re Bylaw Amendment.pdf
RVP Updated Bylaws May 2015.pdf
Original A of C adopted 1989.pdf
Attachments:
Presentation, possible action, and discussion regarding approval of
a resolution changing the sales price of cemetery spaces for the
College Station Municipal Cemetery System.
15-04762d.
Sponsors:Schmitz
1- Cemetery Sales Price Resolution.docxAttachments:
Presentation, possible action, and discussion regarding the first of
two readings of an ordinance amending the Residential Recycling
Collection Franchise Agreement (Ordinance No. 2010-3268) with
Texas Commercial Waste (TCW).
15-04892e.
Sponsors:Harmon
TCW Res Recyling Franchise Ord Amend Signed.pdfAttachments:
Presentation, possible action, and discussion of a deductive
change order to construction contract # 14-355 with Elliott
Construction, LLC in the amount of $60,690 for construction of the
Cooner Street Reconstruction Project, No. ST-1201.
15-04902f.
Sponsors:Harmon
Project Location Map.pdfAttachments:
Presentation, possible action, and discussion regarding approval of
a Resolution that will authorize City staff to negotiate for the
purchase of land in fee simple interest and an easement needed
for the Lick Creek Land Buffer Project.
15-04912g.
Page 2 College Station, TX Printed on 9/4/2015
September 10, 2015City Council Regular Meeting Agenda - Final
Sponsors:Harmon
LCWWTP Land Buffer.pdf
Lick Creek WWTP Real Estate - Resolution.docx
Attachments:
Presentation, possible action, and discussion on approving an
annual blanket purchase order for the purchase of parts and repair
services for City refuse trucks from Heil of Texas. Contract pricing
for parts and labor are available from Heil of Texas through the
BuyBoard Purchasing Cooperative (Contract 425-13). The
estimated annual expenditure for parts and repair services for
refuse trucks: $60,000.
15-04932h.
Sponsors:Harmon
BuyBoard - Heil Pricing.pdfAttachments:
Presentation, possible action, and discussion regarding the
renewal of service contract 14-372 with Cal’s Body Shop for annual
automobile and truck paint and body repairs in an amount not to
exceed $60,000.
15-04942i.
Sponsors:Harmon
Contract 14-372 Auto Paint Body Ren1-signed.pdfAttachments:
Presentation, possible action, and discussion on a resolution
selecting a depository bank, approving a bank depository contract,
designating the City Manager or his Designee as the designated
officer to administer the depository services for the City, and
authorizing the maximum expenditure of funds for the term of the
contract. Branch Banking & Trust “BB&T” is the bank being
recommended as the City's depository bank. The contract is for a
three year term with two one -year renewal options and it is
anticipated that the cost for depository services will not exceed
$35,000 in any year of the contract.
15-04952j.
Sponsors:Kersten
resolution (depository).docxAttachments:
Presentation, possible action, and discussion on an ordinance
amending Chapter 10, “Traffic Code”, Section 4 “Administrative
Adjudication of Parking Violations ”, C “Hearing Officer; Powers,
Duties and Functions”, Subsection (2) “Parking Citations”,
Subsection (a).
15-04992k.
Sponsors:Eller
CH 10 Sec 4(2)a Citation Authority 8-24-15.docxAttachments:
Presentation, possible action, and discussion on the Certification of 15-05032l.
Page 3 College Station, TX Printed on 9/4/2015
September 10, 2015City Council Regular Meeting Agenda - Final
Unopposed Candidates and an ordinance ordering the cancellation
of the General Election for Councilmember Place 4 and
Councilmember Place 6 on November 3, 2015. (Presentación,
posible acción y discusión acerca de la Certificaci ón de Candidato
Sin Oposición y una ordenanza que ordene la cancelaci ón de las
Elecciones Generales para Miembro del Consejo Posicion 4 y 6 el
3 de noviembre 2015.)
Sponsors:Mashburn
Certification of Unopposed Candidates (Eng&Span).docx
Order canceling election (English).docx
Order canceling election (Spanish).docx
Attachments:
Presentation, possible action, and discussion on an ordinance
amending Chapter 10 "Traffic Code", Section 4 "Administrative
Adjudication of Parking Violations ", C "Hearing Officer; Powers,
Duties and Function", by amending the title of the Section C and by
amending Subsection (9) "Certain Conduct Unlawful" by adding
Subsection (E).
15-05142m.
Sponsors:Eller
CH 10 Sec 4C Park in Yard or Lawn Ord Amend 8-24-15.docxAttachments:
Presentation, possible action, and discussion regarding an
Economic Development Agreement between the City of College
Station and the College Station Science Park, LLC regarding
approximately 53.80 acres located at 2501 Earl Rudder Freeway
South known as the College Station Science Park.
15-05182n.
Sponsors:Ruiz
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
Page 4 College Station, TX Printed on 9/4/2015
September 10, 2015City Council Regular Meeting Agenda - Final
Mayor.
If an individual does not wish to address the City Council, but still wishes to be
recorded in the official minutes as being in support or opposition to an agenda item, the
individual may complete the registration form provided in the lobby by providing the
name, address, and comments about a city related subject. These comments will be
referred to the City Council and City Manager.
Public Hearing, presentation, possible action, and discussion
regarding an ordinance vacating and abandoning a 0.138 acre
portion of a variable width public utility easement which is located
at 952 William D. Fitch Parkway further described on the plat of Lot
3A, Block 1, of the Caprock Crossing subdivision recorded in
Volume 11714, Page 71, of the Official Records of Brazos County,
Texas.
15-04731.
Sponsors:Cotter
Vicinity Map
Location Map
Ordinance
Ordinance Exhibit A
Attachments:
Public Hearing, presentation, possible action and discussion on the
City of College Station 2015 advertised ad valorem tax rate of
$0.4525 per $100 valuation resulting in an increase in tax
revenues. Also discussion and possible action on announcing the
meeting date, time and place to adopt the tax rate.
15-04972.
Sponsors:Kersten
Public Hearing, presentation, possible action, and discussion on
the City of College Station FY2015-2016 Proposed Budget.
15-04963.
Sponsors:Kersten
Presentation, possible action, and discussion regarding
appointments to:
· Brazos Valley Solid Waste Management Agency
· Bryan-College Station Convention and Visitors Bureau
15-04454.
Sponsors:Mashburn
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
Page 5 College Station, TX Printed on 9/4/2015
September 10, 2015City Council Regular Meeting Agenda - Final
_____________________
City Manager
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101
Texas Avenue, College Station, Texas, on September 4, 2015 at 5:00 p.m.
_____________________
City Secretary
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48
hours before the meeting. To make arrangements call (979) 764-3541 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19.
Page 6 College Station, TX Printed on 9/4/2015
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0498 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:8/25/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion of minutes for:
·August 19, 2015 Special Meeting (Budget Workshop)
·August 27, 2015 Workshop
·August 27, 2015 Regular Council Meeting
·September 2, 2015 Special Meeting (Tax Rate Public Hearing)
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:BUDWKSHP081915 DRAFT Minutes.pdf
WKSHP082715 DRAFT Minutes.pdf
RM082715 DRAFT Minutes.pdf
SM090215 DRAFT Minutes.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of minutes for:
·August 19, 2015 Special Meeting (Budget Workshop)
·August 27, 2015 Workshop
·August 27, 2015 Regular Council Meeting
·September 2, 2015 Special Meeting (Tax Rate Public Hearing)
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Approval
Summary: None
Budget & Financial Summary: None
Attachments:
·August 19, 2015 Special Meeting (Budget Workshop)
·August 27, 2015 Workshop
·August 27, 2015 Regular Council Meeting
·September 2, 2015 Special Meeting (Tax Rate Public Hearing)
College Station, TX Printed on 9/4/2015Page 1 of 2
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File #:15-0498,Version:1
College Station, TX Printed on 9/4/2015Page 2 of 2
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WKSHP081915 Minutes Page 1
MINUTES OF THE CITY COUNCIL BUDGET WORKSHOP
CITY OF COLLEGE STATION
AUGUST 19, 2015
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kelly Templin, City Manager
Chuck Gilman, Deputy City Manager
Jeff Kersten, Assistant City Manager
Jeff Capps, Assistant City Manager
Aubrey Nettles, Special Projects Coordinator
Carla Robinson, City Attorney
Ian Whittenton, Records Management Coordinator
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Budget Workshop of the College Station City Council was called to
order by Mayor Nancy Berry at 3:05 p.m. on Wednesday, August 19, 2015 in the CSU
Meeting/Training Facility, 1603 Graham Road, College Station, Texas 77842.
2. In accordance with the Texas Government Code §551.086-Competitive Matters, the College
Station City Council convened into Executive Session at ____ p.m. on Wednesday, August 18,
2015 in order to discuss competitive matters as that term is defined in Gov’t Code §552.133; to
wit:
Power Supply
No Executive Session was held.
3. Take action, if any, on Executive Session,
WKSHP081915 Minutes Page 2
No action was required from Executive Session.
4. Presentation, possible action, and discussion on the FY 2015-2016 Proposed Budget.
Jeff Kersten, Assistant City Manager, continued to provide a review of the proposed FY15-16
budget and citywide budget issues.
SPECIAL REVENUE FUNDS
Hotel Tax Fund FY 16
Projected HOT Revenues: $5,502,000
Expenditures – City Operations: $5,300,049
Parks Programs and Events includes HOT funded PARD SLAs: $557,659
Sports Tournament Rev Fund (includes 100,000 SLA): $300,000
Preferred Access Payment: $510, 000
Veterans Park Synthetic Fields Ph II: $3,673,274
Public Communications Staffing & Marketing: $184,116
Miscellaneous Programs and Events: $25,000
Base Outside Agency Requests: $2,062,694
Outside Agency Contingency: $748,061
General Contingency $50,000
Council provided direction for staff to seek a wider use of HOT funds in game-day event
funding. Staff was also directed to look at other non-TAMU athletic-related events and sporting
events.
Mr. Kersten gave a brief overview of the Court and Police special revenue funds: Court
Technology Fee Fund, Court Security Fee Fund, Juvenile Case Manager Fee Fund, Truancy
Prevention Fee Fund, and Police Seizure Fund.
The Cemetery special revenue funds were reviewed, including the Memorial Cemetery Fund,
Memorial Cemetery Endowment Fund, and Texas Avenue Cemetery Endowment Fund.
Other special revenue funds were reviewed: Wolf Pen Creek TIF Fund, West Medical District
TIRZ No. 18 Fund, East Medical District TIRZ No. 19 Fund, Public Educational and
Governmental (PEG) Channel Access Fund, and the R.E. Meyer Estate Restricted Gift Fund.
ENTERPRISE FUNDS
The proposed Electric Fund included a revenue projection of $100,039,561 with $96,926,863 in
expenditures, and no rate increase. Timothy Crabb, Director of Electric Utilities, clarified several
WKSHP081915 Minutes Page 3
of the proposed projects and the possibility of increasing the fund transfer from the current rate
of six (6) percent.
The proposed Water Fund included a projection of $14,901,604 in revenue and $13,908,556 in
expenditures, and no rate increase. Dave Coleman, Director of Water/Wastewater Services,
clarified tap fees, the projected rate increase in FY 17, and the feasibility of adding fluoride back
to the water system.
The proposed Wastewater Fund included a projection of $14,839,506 in revenue and
$14,367,614 in expenditures, and no rate increase.
The proposed Sanitation Fund included a revenue projection of $9,133,654 in revenue and
$8,839,334 in expenditures, and no rate increase.
The proposed Drainage Utility Fund included a projection of $2,192,100 in revenue and
$3,415,531 in expenditures, and no rate increase.
The proposed Northgate Parking Fund included a projection of $1,416,826 in revenue and
$1,474,503 in expenditures, and no rate increase.
INTERNAL SERVICE FUNDS
Self-Insurance Funds
Property & Casualty Fund $1,106,087
Workers Compensation Fund $675,670
Employee Benefits $11,600,168
Unemployment Compensation Fund $50,000
Equipment Replacement Fund
Revenues $8,094,519
Expenditures $6,000,863
SLA $2,043,378
Utility Customer Service
Revenues $8,094,519
Expenditures $6,000,863
SLA $2,043,378
Fleet Maintenance Fund
Revenues $2,331,974
Expenditures $2,067,902
At 5:03 p.m., the Mayor recessed the Budget Workshop.
The Budget Workshop reconvened at 5:28 p.m.
WKSHP081915 Minutes Page 4
5. Presentation, possible action and discussion on the 2015-2016 ad valorem tax rate; and if
necessary, on calling two public hearings on a proposed ad valorem tax rate for FY 2015-
16.
Kelly Templin, City Manager, addressed the Council on the preliminary ret urns from the Salary
Survey, noting that many positions are substantially under market. He noted that revenue would
have to be raised to bring the salaries up to parity level.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Benham, the City Council voted seven (7) for and none (0) opposed, to hold the public hearings
on the tax rate of 45.25 cents per $100 valuation on September 2nd and 10th. The motion carried
unanimously.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Benham, the
City Council voted seven (6) for and one (1) opposed, with Councilmember Aldrich voting
against, to set the ceiling for utility fund transfers at a rate of 6.9%. The motion carried.
6. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the budget workshop of the
College Station City Council at 6:12 p.m. on Wednesday, August 19, 2015.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
WKSHP082715Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
AUGUST 27, 2015
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz, arrived after roll call
James Benham, arrived after roll call
City Staff:
Kelly Templin, City Manager
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Berry at 4:32 p.m. on Thursday, August 27, 2015 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0.
2. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, the
College Station City Council convened into Executive Session at 4:35 p.m. on Thursday, August
27, 2015 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
Bobby Trant v. BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes County,
Texas, 12th Judicial District
WKSHP082715Minutes Page 2
Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District
Court of Brazos County, Texas
City of College Station, Texas, v. Embrace Brazos Valley, Inc., Cause No. 15-000804-
CV-85, In the 85th Judicial District Court, Brazos County, Texas.
The Executive Session adjourned at 4:46 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 2f was pulled for clarification.
(2f): Donald Harmon, Director of Public Works, clarified what the design contract would
cover.
5. Presentation, possible action, and discussion on the Fiscal Year 2016 BVSWMA, Inc.
proposed budget.
Bryan Griesbach, Executive Director of BVSWMA, presented the proposed budget approved by
the BVSWMA, Inc. Board of Directors on June 17, 2015. The FY2016 BVSWMA, Inc.
proposed revenue is $7,195,750 and the total expenses are $8,846,718. There will be no increase
in the landfill rates. Capital expenses include heavy equipment replacement, cell development,
and debt service. Reserve funds (funded as an operating expense) have been established for
identified future capital projects.
6. Presentation, possible action, and discussion regarding the potential use of the Northgate
Surface Parking lot for special events.
Debbie Eller, Assistant Director of Economic Development, reported that a request has been
made to use the Northgate Surface Parking lot for a special event site. In response, staff has
conducted research regarding the acquisition of the land for construction of the parking lot and
the needs specified at the time, along with historical use of the lot. Ms. Eller noted operational
challenges and stated that staff recommends that Council deny the use of the Northgate Surface
Parking lot for special events.
Staff was directed to obtain stakeholder input to determine the desire for a draft policy for the
Council’s consideration.
7. Council Calendar
Council reviewed the calendar.
WKSHP082715Minutes Page 3
8. Presentation, possible action, and discussion on future agenda items: a Councilmember
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Mayor Berry asked to discuss having all City streets constructed in concrete.
9. Discussion, review and possible action regarding the followin g meetings: Animal Shelter
Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-
committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-
Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos
County Health Dept., Brazos Valley Council of Governments, Bryan/College Station
Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS,
Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review
Board, Economic Development Committee, Gigabit Broadband Initiative, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee,
Joint Relief Funding Review Committee, Landmark Commission, Library Board,
Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning
Commission, Research Valley Partnership, Research Valley Technology Council, Regional
Transportation Committee for Council of Governments, Sister Cities Association,
Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League,
Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments,
Councilmember Nichols reported on the annexation task force.
Councilmember Aldrich reported on the Planning and Zoning Commission and the Chamber
Transportation Committee.
Councilmember Brick reported on the Chamber Transportation Committee.
Councilmember Mooney reported on the CVB Sports Advisory Committee.
Mayor Berry reported on her meeting with representatives from TAMU Student Government.
10 . Adjournment
There being no further business, Mayor Berry adjourned the workshop of the College Station
City Council at 6:48 p.m. on Thursday, August 27, 2015.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
WKSHP082715Minutes Page 4
Sherry Mashburn, City Secretary
RM082715 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
AUGUST 27, 2015
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich, arrived after roll call
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kelly Templin, City Manager
Carla Robinson, City Attorney
Chuck Gilman, Deputy City Manager
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called t o
order by Mayor Berry at 7:01 p.m. on Thursday, August 27, 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.
Hear Visitors Comments
Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of
Sgt. Michael Paul Barrera.
Chris Scotti, 305 Gleeson, Ct., introduced Andrew Chin as the new President of the Northgate
Association.
Andrew Chin, 3020 Papa Bear Dr., said he was born and raised in College Station and received
his degree in Tourism from TAMU.
RM082715 Minutes Page 2
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
August 13, 2015 Workshop
August 13, 2015 Regular Council Meeting
August 17, 2015 Special Meeting (Budget Workshop)
August 18, 2015 Special Meeting (Budget Workshop)
2b. Presentation, possible action, and discussion on an Interlocal Agreement with the City
of Normangee for the sale of four (4) surplus police radar units.
2c. Presentation, possible action, and discussion regarding approval of City of College
Station General Service Contract with Buyers Barricades for $77,420 to deploy and remove
traffic control devices according to the Texas A&M Football Post Game Traffic Control
Plan.
2d. Presentation, possible action, and discussion regarding approval of Resolution 08-27-
15-2d, consenting to the Brazos County Commissioners Court's use of County funds for
construction of an extension of Greens Prairie Trail located within College Station City
Limits extending from FM 2154 at it's intersection with Greens Prairie Trail west to the
City of College Station City Limits.
2e. Presentation, possible action, and discussion regarding approval of Change Order No. 3
for the Lick Creek Wastewater Treatment Plant Miscellaneous Improvements construction
contract 12-191 with Bryan Construction Company, Inc. in the amount of $58,750.
2f. Presentation, possible action, and discussion on a professional services contract with
Jones and Carter in the amount of $167,000 for the professional engineering services
related to the Luther Street Project.
2g. Presentation, possible action, and discussion regarding approval of Resolution 08-27-
15-2g, determining public need and necessity, authorizing City staff to negotiate easement
purchases for the Munson Street Rehab Project.
2h. Presentation, possible action, and discussion regarding Change Order Number 2 for
Professional Services Contract 12-206 with HDR Engineering, Inc., for the University
Drive Pedestrian Improvements Phase 2 Project reducing the contract by $84,342.41.
2i. Presentation, possible action, and discussion on a construction contract with Jamail and
Smith, in the amount of $80,186.30 for providing new standing seam roofs on various City
Park shelters.
2j. Presentation, possible action, and discussion regarding approval of a contract with
Alcott Inc., dba TCH, for Option 1, Directional Bore, for the Turkey Creek Road and
Health Science Center Parkway electric conduits installation in the amount of $128,925.
2k. Presentation, possible action, and discussion on a bid award for the annual purchase of
three phase pad-mounted transformers, which will be maintained in electrical inventory
RM082715 Minutes Page 3
and expended as needed. The total recommended award is $437,700 and will be awarded
by line item to the lowest responsible bidder.
2l. Presentation, possible action, and discussion regarding an Infrastructure and Economic
Development Agreement with Pappas Restaurants, Inc. for the redevelopment of
approximately 4.37 acres at 1600 University Drive, Lot 1, Block 16 of the Glenhaven
Estates Phase 6 Subdivision.
Item 2e was pulled from the Agenda and was not considered.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less item 2e. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion of Ordinance 2015-3687,
amending 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, to
remove parking along Renee Lane.
Troy Rother, Traffic Engineer, reported that this ordinance is for no parking anytime along both
sides of Renee Lane between Barron Road and the termination of the roadway 260 feet north of
Passendale Lane. This parking removal is needed to provide sufficient travel width for the City
of College Station Fire Department to respond to calls along this roadway and to local residents.
A citizen requested the City to remove parking along the roadway because they were having
trouble accessing their homes. During the evaluation, the Fire Department determined that
parking along Renee Lane would affect their ability to respond to an emergency in the area.
A public meeting was held on July 28, 2015to discuss no parking with property owners and
residents that own property or live on Renee Lane. Seven people attended this meeting, and all
seven people support this ordinance. Traffic Engineering also received an email from another
resident who could not attend the meeting and who also supports this ordinance.
Based upon the need for emergency vehicle access along Renee Lane, the Traffic Management
Team recommends approving this ordinance.
At approximately 7:10 p.m., Mayor Berry opened the Public Hearing.
Timothy Kyllonen, 14121 Renee Lane, stated that everyone on the street approved it,
There being no further comments, the Public Hearing was closed at 7:11 p.m.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015-
3687, amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking
RM082715 Minutes Page 4
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, to remove
parking along Renee Lane. The motion carried unanimously.
2. Public Hearing, presentation, possible action, and discussion on Ordinance 2015-3688,
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 for approximately 2.429 acres from O Office and GC General
Commercial to PDD Planned Development District for a hotel development, being located
in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas. Said
tract being all of Lot 1, Black Eyed Pea Addition, according to the plat recorded in Volume
1233, Page 531 of the Official Records of Brazos County, Texas, and all of Lot 3-11 and a
portion of Lot 2, Block “A”, College Heights, according to the plat recorded in Volume 124,
Page 259 of the Deed Records of Brazos County, Texas; being located at 201 University
Drive East, 403, 405, 409 Jane Street, and 400, 402, 406 A&B, 408 Eisenhower Street, and
being more generally located north of University Drive East between Jane Street and
Eisenhower Street.
Jennifer Prochazka, Planning and Development Services, reported that this request is for a
Planned Development District rezoning based on the Mixed Use zoning district for the
development of a multi-story hotel with a parking garage. This will allow hotel uses to meet both
the residential and non-residential requirements. The properties are currently developed as
single-family homes and a restaurant, but are proposed to be consolidated for redevelopment.
The Planning and Zoning Commission considered this item on August 6, 2015 and voted 6-0 to
approve the rezoning request. City staff also recommends approval of the PDD zoning.
At approximately 7:20 p.m., Mayor Berry opened the Public Hearing.
Kimberly Cole, 3990 Cortez Drive, Dallas, and representing the property owner of 403
Eisenhower, voiced opposition to the project. It is not compatible with the adjacent zoning. It is
too close to light residential without a sufficient zoning buffer. The adjacency of the parking
garage is obtrusive. She provided an exhibit showing the massing of the structure in relation to
the Eisenhower house. The request needs further review and should not be approved tonight.
Crissy Hartl, 3204 Earl Rudder Frwy South, applicant, spoke in favor of the project.
Ted Ent, 12325 Carlsbad Dr., Austin, clarified the parking garage construction.
There being no further comments, the Public Hearing was closed at 7:30 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015-
3688, 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 for approximately 2.429 acres from O Office and GC General
Commercial to PDD Planned Development District for a hotel development, being located in the
Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas. Said tract being
RM082715 Minutes Page 5
all of Lot 1, Black Eyed Pea Addition, according to the plat recorded in Volume 1233, Page 531
of the Official Records of Brazos County, Texas, and all of Lot 3 -11 and a portion of Lot 2,
Block “A”, College Heights, according to the plat recorded in Volume 124, Page 259 of the
Deed Records of Brazos County, Texas; being located at 201 University Drive East, 403, 405,
409 Jane Street, and 400, 402, 406 A&B, 408 Eisenhower Street, and being more generally
located north of University Drive East between Jane Street and Eisenhower Street. The motion
carried unanimously.
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015-
3689, 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 adding a
NCO Neighborhood Conservation Overlay zoning district for approximately 32 acres,
being located in the single-family portion of the McCulloch Subdivision, an area generally
bordered to the north by Holleman Drive, to the south by Nevada Street, to the west by
Pecan Tree Estates Subdivision, Phases 1 and 2, and to the east by lots fronting the
southwest side of Georgia Street (1112 through 1228 Georgia), and including a portion of
the lots fronting the north end of Georgia Street (1100 through 1113 Georgia) in College
Station, Brazos County, Texas.
Jennifer Prochazka, Planning and Development Services, reported that property owners from the
McCulloch Subdivision submitted a petition signed by the majority of owners requesting a
Neighborhood Conservation Overlay zoning, one of the City’s Single-Family Overlay districts.
The request is in response to large homes recently constructed in and around the neighborhood.
This type of zoning district can be placed “over” the existing General Suburban zoning in order
to provide additional standards for development in the area of the overlay. It is intended to help
protect established neighborhoods from inappropriate infill development by prescribing setbacks,
lot coverage, building height, or other controls based on the existing character of the
neighborhood. An overlay can also carry additional standards that will be required to be met for
any expansion, development, or redevelopment of property within the district. The property
owners are proposing the following additional single-family restrictions:
1. Maximum one-story structures;
2. Minimum 25-foot front setback; and
3. Maximum 31% lot coverage (including impervious surfaces such as structures and
driveways/parking).
The Planning and Zoning Commission considered this item on August 20, 2015, and
recommended a maximum 41% lot coverage instead of the proposed maximum of 31%.
Planning and Zoning approved the request 4-2. Staff recommends approval of the overlay
zoning.
At approximately 7:54 p.m., Mayor Berry opened the Public Hearing.
Timothy Campbell, 1204 Carolina St., said he has grown up in this neighborhood. There are five
local churches with over 200 years of history, The Lincoln Center is within walking distance for
the residents. These have played a major role in the community. There are families that have
been here for fifty years, and they are being forced out. It has been a safe place to raise a family,
but with the insurgence of student housing it is no longer safe. He wants homes built that will be
compatible with those already in existence.
RM082715 Minutes Page 6
Towanna Ford, 1217 Arizona St., said she has lived in the neighborhood for many years. She
does not want to live anywhere else. She wants her children to be safe and live in a safe
community. It is no longer safe with the AgShacks, which will also force out the elderly living
on fixed incomes. She asked that it remain a single family neighborhood with new homes built
that are comparable with the homes already there. This is last black community in College
Station.
Aundra’ L. Ellis, 1109 Detroit St., she has enjoyed the closeness of the neighborhood. She feels
good that there are people she can trust to watch over her elderly mother. She wants that family-
feel to stay there.
Marquis Williams, 1208 Carolina St., said that what they lack in money they gain in family. The
AgShacks tear up family; the children can no longer play in the streets. They are not against
anyone building in the community, but ask that they do so respectfully. He ask Council to please
consider the people of the McCulloch subdivision. No more permits for AgShacks.
Carolyn Waldon, 1210 Detroit, gave the legal definition of single family housing and asked how
are these permits being issued under this legal description? The AgShacks are just mini
apartment buildings disguised to look like a home. Letters are being sent to homeowners asking
the owners to sell. The neighborhood is being destroyed.
Carol Conant, 1206 Arizona, said this neighborhood is cutting off its nose to spite itself. Her lot
is one of the smallest, and there is no way to build a 1,000 square foot house without going up. It
is not AgShacks that are destroying the neighborhood; it is the property owners who are se lling.
The answer to the problem is to limit the number of rental occupants. Too many of the homes
are sub-standard. They are asking to maintain their neighborhood by doing the wrong thing.
Janie Rodriquez, 1205 Phoenix St., said her family moved there because it was safe, and the
neighborhood reminded her of the neighborhood she grew up in. There is a lot of history there,
and she felt welcomed when she moved there.
Kimmie Daily, 1203 Detroit, said her grandfather picked up his family and moved to College
Station. She is concerned about the community. AgShacks are student apartments. Adding
students to the community changes it. Student actions are not appropriate for the elderly or the
children. The community needs its peace and to be restored.
Thomas Merchant, 1102 Detroit St., his family was raised in the McCulloch Addition, and the
community is one family.
Rev. A.C. Clark, 1122 Arizona, said the community is over seventy years old. HE grew up in
that area when it was county roads. It is a community that takes care of its family. The student
housing has upset the integrity of the community. There is an area beside the church where
children go to play, and older people walk the streets. Now cars are driving down the streets 45-
50 miles per hour. He asked Council to please stop issuing permits for the student housing. The
community is one big loving family.
RM082715 Minutes Page 7
Joe Guerra, 2709 Ravenestone, noted that there are appropriate zoning districts for these types of
housing.
There being no further comments, the Public Hearing was closed at 8:23 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015-
3689, 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 adding a NCO
Neighborhood Conservation Overlay zoning district for approximately 32 acres, being located in
the single-family portion of the McCulloch Subdivision, an area generally bordered to the north
by Holleman Drive, to the south by Nevada Street, to the west by Pecan Tree Estates
Subdivision, Phases 1 and 2, and to the east by lots fronting the southwest side of Georgia Street
(1112 through 1228 Georgia), and including a portion of the lots fronting the north end of
Georgia Street (1100 through 1113 Georgia) in College Station, Brazos County, Texas, with the
Planning and Zoning recommendation of 41%. The motion carried unanimously.
Council recessed at 8:45 p.m.
Council reconvened at 8:52 p.m.
4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015-
3690, 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 GS General Suburban for approximately
1.57 acres being the east half of Lot 10, Bald Prairie Subdivision, according to the plat
recorded in volume 321, page 571 of the deed records of Brazos County, Texas, and being
the same tract of land as described by a deed to Jeffery Joe Morgan recorded in volume
3956, Page 223 of the Official Public Records of College Station, Brazos County, Texas.
Generally located at 14015 Renee Lane, more generally located north of Barron Road and
between Renee Lane and Victoria Avenue.
Mark Bombeck, Planning and Development Services, reported that the applicant has requested
the proposed amendment to rezone the property to General Suburban as a step toward creating
additional single-family residential lots on approximately 1.57 acres located north of Barron
Road, between Renee Lane and Victoria Avenue.
The Planning and Zoning Commission considered this item on August 6, 2015 and voted
unanimously to recommend approval of the rezoning request. Staff also recommends approval of
the rezoning request.
At approximately 8:54 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:55 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015-
3690, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official
RM082715 Minutes Page 8
Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the
zoning district boundaries from R Rural to GS General Suburban for approximately 1.57 acres
being the east half of Lot 10, Bald Prairie Subdivision, according to the plat recorded in volume
321, page 571 of the deed records of Brazos County, Texas, and being the same tract of land as
described by a deed to Jeffery Joe Morgan recorded in volume 3956, Page 223 of the Official
Public Records of College Station, Brazos County, Texas. Generally located at 14015 Renee
Lane, more generally located north of Barron Road and between Renee Lane and Victoria
Avenue. The motion carried unanimously.
5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015-
3691, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official
Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing
the zoning district boundaries from GC General Commercial to PDD Planned
Development District for approximately 12 acres being situated in the Robert Stevenson
Survey, Abstract No. 54, College Station, Brazos County, Texas, and being part of Lot 3 -
15.81 acres, Barron Park Subdivision, according to the plat recorded in Volume 939, Page
209, of the Official Records of Brazos County, Texas, said Lot 3 being described in the
following three deeds: to DWS Development, Inc., in Volume 3082, Page 297, and Volume
4735, Page 142, both of the Official Records of Brazos County, Texas, and to Mel Formby
in Volume 4802, Page 89, of the Official Records of Brazos County, Texas, located on the
northern boundary of Christ United Methodist Church along State Highway 6 South.
Jessica Bullock, Planning and Development Services, reported that the applicant has requested a
Planned Development District zoning on approximately 12 acres located on the northern
boundary of Christ United Methodist Church along the east side of State Highway 6 South. The
PDD, with a base zoning district of Multi-Family, will combine senior independent living,
assisted living, memory care, and skilled nursing.
The Planning and Zoning Commission considered this item on August 6 and voted 6-0 to
approve the rezoning request. Staff also recommends approval.
At approximately 9:01 p.m., Mayor Berry opened the Public Hearing.
Veronica Morgan, 3204 Earl Rudder Frwy, provided a presentation on the project.
Ron Jennette, 1440 Lake Front Circle, The Woodlands, addressed parking availability.
There being no further comments, the Public Hearing was closed at 9:06 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Aldrich, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015-
3691, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official
Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the
zoning district boundaries from GC General Commercial to PDD Planned Development District
for approximately 12 acres being situated in the Robert Stevenson Survey, Abstract No. 54,
College Station, Brazos County, Texas, and being part of Lot 3 - 15.81 acres, Barron Park
Subdivision, according to the plat recorded in Volume 939, Page 209, of the Official Records of
Brazos County, Texas, said Lot 3 being described in the following three deeds: to DWS
RM082715 Minutes Page 9
Development, Inc., in Volume 3082, Page 297, and Volume 4735, Page 142, both of the Official
Records of Brazos County, Texas, and to Mel Formby in Volume 4802, Page 89, of the Official
Records of Brazos County, Texas, located on the northern boundary of Christ United Methodist
Church along State Highway 6 South. The motion carried unanimously.
6. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015-
3692, vacating and abandoning of a portion of that certain called 1.129 acre tract known as
Technology Way as described in plat recorded in Volume 3764, Page 130 of the Official
Records of Brazos County, Texas.
Carol Cotter, Planning and Development Services, reported that this ordinance abandons a 0.46
acre portion of Right-of-Way at the end of Technology Way, and will accommodate future
development of the property. A Public Utility Easement will be retained on the existing public
utilities and will continue to provide sufficient public and private utilities coverage. The
requirement for turnarounds and signage as a condition of pavement removal will allow for safe
navigation of the remaining roadway. The developer must also meet building permit stipulations
as set forth in the Executed Economic Development Agreement between the City of College
Station and StataCorp, LP, dated August 28, 2014. If any of these conditions are not met, the
abandonment will be null and void.
Staff recommends approval of the ordinance.
At approximately 9:09 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:09 p.m.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015-
3692, vacating and abandoning of a portion of that certain called 1.129 acre tract known as
Technology Way as described in plat recorded in Volume 3764, Page 130 of the Official Records
of Brazos County, Texas. The motion carried unanimously.
7. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015-
3693, 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 and GS General Suburban to PDD Planned
Development District for the property being approximately 28.5 acres situated in the
Crawford Burnett League, Abstract No. 7, Brazos County, Texas and being a part of that
certain called 69.37 acre tract as described in deed from James G. Butler to J & J Butler
Family Partnership, Ltd. Of record in Volume 7551, Page 41, Official Records of Brazos
County, Texas, being generally located along Holleman Drive South across from Saddle
Lane and the Quail Run subdivision.
Jason Schubert, Planning and Development Services, noted that this item was deferred from the
June 25, 2015 so that a further traffic analysis could be performed by the applicant. On August 7,
2015, staff received correspondence from Texas A&M University Transportation Services that
transit service would be provided to the Holleman Drive South corridor starting in fall 2016. The
applicant recently submitted the revised traffic impact analysis.
RM082715 Minutes Page 10
The Planning and Zoning Commission considered this item at their May 7, 2015 meeting and
voted 4-1 to recommend approval of the rezoning request. The Parks and Recreation Advisory
Board considered the additional parkland fees as one of the proposed community benefits to help
offset the proposed meritorious modifications at their May 12, 2015 meeting and voted 7-0 to
recommend acceptance of the fee changes, but included as part of their motion that they were not
comfortable with the fees for future projects and would ask Council to consider additional fees
for developments with higher bedroom counts per unit.
At approximately 9:25 p.m., Mayor Berry opened the Public Hearing.
Mike Gentry, 1515 Emerald Plaza, reviewed the presentation from the last Council meeting,
Jim Butler, 6010 Thoroughbred Ridge, said the development is consistent with the infrastructure
along Holleman. He asked that the speed limit on South Holleman be reduced. Also, he noted
that signage would be beneficial on the north side of 2818 to direct traffic to Jones-Butler.
Joe Guerra, 2709 Ravenestone, asked Council when were the traffic counts taken, and noted that
school was not in session during the summer.
There being no further comments, the Public Hearing was closed at 9:31 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Mooney, the City Council voted six (6) for and one (1) opposed, with Councilmember Brick
voting against, to adopt Ordinance 2015-3693, 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 and GS General
Suburban to PDD Planned Development District for the property being approximately 28.5 acres
situated in the Crawford Burnett League, Abstract No. 7, Brazos County, Texas and being a part
of that certain called 69.37 acre tract as described in deed from James G. Butler to J & J Butler
Family Partnership, Ltd. Of record in Volume 7551, Page 41, Official Records of Brazos
County, Texas, being generally located along Holleman Drive South across from Saddle Lane
and the Quail Run subdivision. The motion carried unanimously.
8. Adjournment.
There being no further business, Mayor Berry adjourned the Regular Meeting of the City
Council at 9:31 p.m. on Thursday, August 27, 2015.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
SM090215Minutes Page 1
MINUTES OF THE CITY COUNCIL SPECIAL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 2, 2015
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kelly Templin, City Manager
Chuck Gilman, Deputy City Manager
Sherry Mashburn, City Secretary
Ian Whittenton, Records Management Coordinator
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Special Meeting of the College Station City Council was called to
order by Mayor Berry at 7:00 p.m. on Wednesday, September 2, 2015 in the Council Chambers
of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2. Public Hearing, presentation, possible action, and discussion on the City of College
Station 2015 advertised ad valorem tax rate of $0.4525 per $100 valuation resulting in an
increase in tax revenues. Also discussion and possible action on announcing the meeting
date, time and place to adopt the tax rate.
Jeff Kersten, Assistant City Manager, stated this is the first of two public hearings on the tax rate.
The proposed tax rate of $0.452500 per $100 assessed valuation will generate $32,036,946 in
taxes.
The current effective tax rate is 43.4851 cents per $100 assessed valuation, and the proposed tax
rate is 45.25 cents per $100 assessed valuation. The certified property valuation totaled $7.14
billion, which is a total increase of $486,757,915 or approximately a 7.31% increase in value
SM090215Minutes Page 2
over last year. If adopted, the proposed tax rate per $100 of assessed valuation would be 45.2500
cents and would provide 19.3052 cents for debt service and 25.9448 cents for the general fund.
This tax rate meets the Debt Service requirements, and funds the proposed General Fund budget.
At approximately 7:04 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:04 p.m
Mayor Berry announced that the second public hearing will be held on Thursday, September 10,
2015, and the Council will vote on the tax rate on Monday, September 21.
3. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Special Meeting of the
City Council at 7:04 p.m. on Wednesday, September 2, 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:215-0286 Name:SuddenLink Communications Pole Attachment
Agreement
Status:Type:Contract Consent Agenda
File created:In control:6/1/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion regarding ratification of a pole attachment license
agreement with Cebridge Acquisitions, L.P., d/b/a Suddenlink Communications.
Sponsors:Timothy Crabb
Indexes:
Code sections:
Attachments:Suddenlink Signed_City of College Station_Pole Attachment Agreement_Final_20150527.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding ratification of a pole attachment license
agreement with Cebridge Acquisitions, L.P., d/b/a Suddenlink Communications.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s):
Staff recommends ratification of the pole attachment license agreement with Cebridge Acquisitions,
L.P., d/b/a Suddenlink Communications.
Summary:
Changes in the industry have required an update to the pole attachment agreements with Suddenlink
Communications and other Licensees that attach to electric distribution poles within the College
Station Utility service territory.City Staff and legal counsel have negotiated a new pole attachment
agreement with Suddenlink Communications that will be used for all Licensees.
Budget & Financial Summary:
N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Pole Attachment Agreement
College Station, TX Printed on 9/4/2015Page 1 of 1
powered by Legistar™
POLE ATTACHMENT LICENSE AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION AND LICENSEE
This License Agreement is between the City of College Station ("CITY"), a Texas
home-rule municipal corporation, and Cebridge Acquisition, L.P., d/b/a Suddenlink
Communications, a Delaware Limited Partnership ("Licensee").
WHEREAS, CITY, operates or controls certain utility poles in the public rights of
way managed and controlled by CITY throughout College Station; and
WHEREAS, Licensee desires to provide voice, video, internet, or data transmission
and other lawful communications services within CITY' s service area; and
WHEREAS, Licensee will need to place and maintain cables, equipment, facilities,
including facilities for certain wireless services, within CITY' s service area and desires to
place such cables, equipment, facilities, and wireless facilities on various Poles and
easements owned by CITY; and
WHEREAS, CITY is willing to grant Licensee a revocable, non-exclusive license
to use certain Poles on the strict terms and conditions set forth in this Agreement and
subject to the City of College Station's Code of Ordinances, as it may be amended from
time to time; and
WHEREAS, CITY is willing to allow Licensee to undertake the Make-Ready
construction work necessary to prepare certain Poles to accommodate Licensee's cables,
equipment, facilities, and certain wireless facilities under the strict terms and conditions
set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms and
conditions herein contained, CITY and Licensee do hereby mutually covenant and agree
as follows:
ARTICLE 1
DEFINITIONS AND CONSTRUCTION
1.1 Definitions: For purposes of this Agreement, capitalized terms are defined
as follows:
A. CITY Distribution Construction Standards means those
engineering and construction standards, specifications, and designs maintained and
referenced internally by CITY, and complied with in all material respects by CITY,
for its own Pole distribution construction and engineering efforts.
B. Annual Usage Charge means the recurring charge that Licensee is
to pay CITY annually under this Agreement for the use of CITY' s Poles. The
Annual Usage Charge is in addition to any Costs and Filing Fees Licensee may
Contract Number: ____ _
Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
incur during a Contract Year, and shall be determined by CITY as of December 1
of each Contract Year, other than the first Contract Year. The Annual Usage
Charge for any Contract Year shall be the number of Attachments to which is
shown on CITY' s records to exist as of December 1 of the preceding Contract Year
multiplied by the Usage Rate for the new Contract Year, except as otherwise
provided herein. The calculation of the Annual Usage Charge will be for each pole
with attachment of equipment where no Cable attachment is present, and for any
horizontal Cable Attachment occupying up to one foot of space on the pole, and
will not include Attachments that are overlashed to any of Licensee's Attachments
for which a Usage Rate is chargeable, unless applicable state or federal law is
amended to allow such a charge. Additional equipment (other than Wireless
Facilities) that is attached to an existing Attachment and guy wires shall not
constitute an additional Attachment for purposes of the Annual Usage Charge.
Unless otherwise expressly provided in this Agreement, Annual Usage Charges are
not refundable.
C. Application means the CITY prescribed application sheet, together
with all required prints, maps, proposed routes, project descriptions, and proposed
schedules that Licensee must submit, in full, to CITY in order to request and be
granted an Attachment License for a particular Pole or group of Poles.
D. Attachment means (other than for Annual Usage Charge purposes):
1. each Cable owned, controlled, or used by Licensee, together
with its associated messenger strand, guy wires, span guys, anchors, and
other appurtenant and incidental facilities, affixed to a Pole regardless of
the means by which affixed (a Cable lashed to another Cable and each Cable
lashed to a common messenger is a separate Attachment);
2. each amplifier, repeater, controller, box, cabinet, appliance,
device, or piece of equipment owned, controlled, or used by Licensee and
affixed to a Pole, regardless of the means by which it is affixed;
3. each amplifier, repeater, controller, box, cabinet, appliance,
device, or piece of equipment owned, controlled, or used by Licensee that
is resting on the ground but is connected to a Pole, Attachment, or CITY
line by a conductor;
4. each antenna, wireless transceiver, transmitter, or other
similar device used for or associated with wireless communication or
wireless data transmission, and cables or wires connecting such antenna,
wireless transceiver, transmitter, or other similar device to other
Attachments on the same Pole, provided that such antenna, wireless
transceiver, transmitter, or other similar device or equipment is not used to
provide Commercial Mobile Radio Services ("CMRS") as such term is
defined in the Communications Act of 1934, as amended, and the rules and
2
Pole Attachment License Agreement: Cebridge Acquisition, L.P., d/b/a Suddenlink Communications
regulations of the Federal Communications Commission, unless such
CMRS equipment is used pursuant to separate license agreements and
permits issued by the CITY, expressly for CMRS and related purposes.
5. A new or existing service wire drop that (i) is located in the
same one foot of space assigned to the Licensee's Cable Attachment, (and
(ii) is attached to the same Pole as an existing Attachment of Licensee shall
not constitute an additional Attachment.
E. Attachment License means the revocable (solely pursuant to the
terms and conditions hereof and applicable law), non-exclusive right of Licensee
to make an Attachment to a Pole under this Agreement, pursuant to CITY' s
approval of an Application and subject to (1) any modifications, conditions, and
specifications imposed by CITY pursuant to this Agreement or applicable law when
approving the Application and (2) all Design Documents issued by CITY with
respect to the Attachment and Pole in question. An Attachment License authorizes
Attachments solely for lawful communications purposes, as described in this
Agreement. The use of any Attachment for any purpose other than providing lawful
communications as described in this Agreement is prohibited and shall constitute a
material breach of this Agreement.
F. Boxing means the use of a cross arm or through bolt to facilitate a
pole attachment on the opposite side of the pole from any existing attachment and
the installation of cable or facilities on both sides of the same pole at approximately
the same height. Licensee is prohibited from Boxing on CITY poles.
G. Cable means a conductor, wire, or fiber or a bound or sheathed
assembly of conductors, wires, or fibers used as a wire communications or
transmission medium (a bare messenger is also a Cable).
H. Communications Space means the area on any given Pole, below
and sufficiently remote from the Supply Space as required by Electrical Code,
within which Attachments and Pole Contacts may lie. The term Communications
Space has the equivalent meaning as that used in the Electrical Code. The top
surface of the Communications Space must remain at least 40 inches from the
lowest surface of the Supply Space and from any other electrical lines, conductors,
or equipment, or below the Supply Space a distance as defined by the National
Electric Safety Code for a specified condition. The bottom surface of the
Communications Space must maintain a clearance in accordance with National
Electrical Safety Code standards.
I. Conduit means a structure owned by CITY containing one or more
Ducts, usually placed in the ground, in which cables or wires may be installed.
CITY-owned electrical Conduit is expressly reserved for utility reliability and
expansion purposes and is not available for use by Licensee.
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
J. Conduit System means any combination of Ducts, Conduits,
Manholes, and Handholes joined to form an integrated whole. As used in this
Agreement, the term refers to Conduit Systems owned or controlled by CITY.
CITY-owned electrical Conduit System is expressly reserved for utility reliability
and expansion purposes and is not available for use by Licensee.
K. Contract Year means any calendar year during which this
Agreement is in effect, beginning January 1 and ending December 31, except that
the first Contract Year shall run from the Effective Date until December 31 of that
year and the final Contract Year shall run from January 1 of that year until the date
of termination.
L. Contractor includes subcontractors.
M. Cost means the total cost reasonably incurred by CITY for any
particular task under this Agreement, and includes without limitation reasonable
labor, material, equipment usage, outside Contractor and vendor charges,
reasonable overhead, and reasonable general and administrative expenses. Costs
may be incurred for, without limitation, engineering and engineering review, Make-
Ready construction, inspections and oversight, auditing, public relations and
intervention, and other services. Certain Cost rates are specified in Exhibit A to
this Agreement, which CITY may change no more than once per year upon 60-
days' notice to Licensee; provided, however, that any such change to such Cost
rates shall be based on CITY's reasonable cost oflabor, materials, and equipment
usage. Subject to the foregoing, Costs shall be determined by CITY in its
reasonable judgment and reasonable discretion, and shall be paid by Licensee in
accordance with either of the following, at CITY' s sole option:
1. Any advance estimate provided by CITY, in which event
CITY shall have the right to refuse to incur the Costs until the estimate is
paid; and/or
2. Any final invoice submitted by CITY. In the event an
advance estimate was paid by Licensee for Costs, the final invoice will
reflect such payment.
N. Design Documents mean all specifications, drawings, schematics,
blueprints, engineering documents, and written requirements for materials,
equipment, design, construction, and workmanship issued by CITY to Licensee
with respect to Make-Ready and installation work on a particular Attachment or
Pole or group of Attachments or Poles.
0. Duct means a single enclosed tube, pipe, or channel for enclosing
and carrying cables, wires, and other facilities owned by CITY. As used in this
Agreement, the term Duct includes Inner-Ducts created by subdividing a Duct into
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., d/b/a Sudden link Communications
smaller channels. CITY-owned electrical Duct is expressly reserved for utility
reliability and expansion purposes and is not available for use by Licensee.
P. Effective Date means the date CITY signs this Agreement as shown
on the signature page of this Agreement.
Q. Electrical Code means the National Electrical Safety Code
(NESC), the National Electrical Code (NEC), and Chapter 752 of the Texas Health
and Safety Code.
R. Filing Fee means the initial, non-refundable fee charged to Licensee
for filing an Application for an Attachment License. Filing Fees are set by the
CITY and shall not exceed the actual and reasonable cost to CITY of reviewing and
processing an Application. The Filing Fee is solely to compensate CITY for
reviewing and processing an Application and does not include or offset Costs or
Annual Usage Charges.
S. Handholes means an enclosure, usually below ground level, used
for the purpose of installing, operating, and maintaining Attachments in a Conduit.
A Handhole is too small to permit personnel to physically enter. CITY-owned
electrical Handholes are expressly reserved for utility reliability and expansion
purposes and are not available for use by Licensee.
T. Infrastructure Usage Regulations means the College Station City
Code of Ordinances and any other CITY ordinance that may be enacted to govern
electric utility infrastructure usage or rental.
U. Inner-Duct means a pathway created by subdividing a Duct into
smaller channels. City-owned electrical Inner-Duct is expressly reserved for utility
reliability and expansion purposes and is not available for use by Licensee.
V. Manhole means an enclosure, usually below ground level and
entered through a hole on the surface covered with a cast iron or concrete Manhole
cover, which personnel may enter and use for the purpose of installing, operating,
and maintaining Attachments in a Conduit. CITY-owned electrical Manholes are
expressly reserved for utility reliability and expansion purposes and are not
available for use by Licensee.
W. Pole means any electric distribution pole owned by CITY that
supports electric lines having a nominal voltage of not more than 3 5k V; provided,
however, that any electric distribution pole having a nominal voltage of more than
35kV will also be a "Pole" if the pole is also used for distribution of power from a
local substation to customers. Unless otherwise agreed by CITY with respect to a
particular pole, the term Pole does not include (1) street lighting, traffic signal, or
night watchman poles, (2) poles or towers supporting transmission lines carrying a
nominal voltage greater than 35kV, unless such poles are also used to support
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., d/b/a Sudden/ink Communications
transmission lines carrying a nominal voltage of not more than 35kV, (3) any
structure or facility within a substation, (4) conduits (except as otherwise provided
in Article 11), or (5) any structure not used for electric power distribution.
X. Pole Contact means the point or contiguous area on a Pole at which
one or more of Licensee's Attachments makes physical contact with a Pole, during
a Contract Year, regardless of the duration for which the Pole Contact existed.
Y. Make-Ready means all work required to accommodate Licensee's
Attachments on a Pole with respect to CITY and Third Party User needs and in
compliance with Electrical Code, CITY Distribution Construction Standards,
generally accepted engineering and construction practices, and applicable laws.
Z. Maximum Lawful Usage Rate means the maximum amount that
CITY may lawfully charge for an Attachment under applicable state and federal
law, rules and regulations in effect from time to time. If, for any Contract Year,
applicable state or federal law does not limit the amount CITY may charge Licensee
for a particular Attachment or service under this Agreement, the Maximum Lawful
Rate for the Attachment or service shall be the amount that CITY determines, in its
sole judgment and discretion, to constitute a reasonable and non-discriminatory
annual Usage Rate.
AA. Supply Space means the area on any given Pole, above the
Communications Space, that is reserved for the placement of electric supply lines,
electrical equipment, and other CITY facilities. The term Supply Space has the
equivalent meaning as that used in the Electrical Code. Licensee may not place any
Attachments or Pole Contacts in the Supply Space.
BB. Third Party User means any third party that has, or may be granted,
an Attachment License or other right to attach with respect to a Pole. Third-parties
that are allowed by Licensee to overlash third-party conductors onto existing
Licensee Attachment(s) shall also execute a Pole Attachment License Agreement
with the CITY, regardless of the duration for which the Attachment or Pole Contact
existed. At least thirty (30) days before third-party overlash operations, Licensee
shall provide advanced written Notice to CITY that identifies the proposed third-
party overlashing entity and all proposed third-party overlash locations.
CC. Unauthorized Attachment means an Attachment or any other
affixing or placing of Licensee's facilities onto CITY property for which Licensee
does not have a valid Attachment License.
DD. Usage Rate means, for each given Contract Year, the amount
Licensee must pay CITY for each Attachment.
EE. Wireless Facilities means an antenna, wireless transceiver,
transmitter, or other similar device used for or associated with wireless
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlb/a Sudden link Communications
communication or wireless data transmission, provided that such Wireless
Facilities are not used to provide Commercial Mobile Radio Services ("CMRS") as
such term is defined in the Communications Act of 1934, as amended, and the rules
and regulations of the Federal Communications Commission, unless such CMRS
equipment is used pursuant to separate license agreements and permits issued by
the CITY, expressly for CMRS and related purposes.
FF. Wireless Facilities Rental Rate means, for each given Contract
Year, the amount Licensee must pay CITY for attaching Wireless Facilities to a
Pole. Rental and license rates for CMRS and related services and equipment shall
be set by separately negotiated license agreements with CITY.
1.2 Syntax Except as otherwise expressly provided herein, all nouns, pronouns
and variations thereof shall be deemed to refer to the singular and plural.
1.3 Amendments Any reference to a law, code, or document shall mean such
law, code, or document as it may be amended from time to time.
1.4 Third Party User Agreements CITY has in the past entered into other
Pole usage agreements with Third Party Users. In construing this Agreement, no variations
between this Agreement and other agreements with Third Party Users shall have any
evidentiary value or be construed against CITY. It is the Parties intent that this provision
is not meant to unlawfully discriminate against Licensee in favor of other licensees.
1.5 No Construction against CITY The rule of construction that ambiguities
in a contract are to be construed against the drafting party shall not apply to this Agreement.
1.6 Headings The descriptive headings in this Agreement are only for the
convenience of the parties and shall not be deemed to affect the meaning or construction
of any provision.
ARTICLE2
SCOPE AND TERM OF AGREEMENT
2.1 General Purpose In accordance with the provisions of this Agreement,
CITY may issue Attachment Licenses to Licensee on the terms and conditions set forth
herein. Before Licensee makes any Attachment to or begins any work on a Pole, excluding
service drops, it shall file an Application and await CITY' s issuance of an Attachment
License and Design Documents with respect to that particular Attachment or Pole, as set
forth in Article 4. Nothing in this Agreement shall be construed to obligate CITY to grant
an Attachment License with respect to any particular Pole where Licensee has failed to
fulfill the requirements herein for the grant of such Attachment License.
2.2 Term The initial term of this Agreement is five (5) years, beginning on the
Effective Date and renewing thereafter for four ( 4) successive three (3) year terms, subject
to the material default provisions, or unless terminated by either Party. At the end of each
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlb/a Sudden/ink Communications
then-cun-ent term, Licensee shall, if it intends to terminate, give CITY written notice of its
request to terminate before the end of the then-current term. If Licensee has not materially
defaulted during the course of the then-cun-ent term (other than any material default that
Licensee cured), this Agreement shall renew. If Licensee has materially defaulted and not
cured such default, renewal will be granted in CITY' s reasonable discretion. If renewal is
denied, CITY will give written notice of the reasons for denial within thirty (30) days of
making that determination and this Agreement will expire at the end of the then-cun-ent
term.
2.3 Existing Facilities Only Except as otherwise set forth in paragraph 6.4, (i)
CITY is under no obligation to add, build, keep, maintain, or replace Poles or any other
facilities for the use or convenience of Licensee; and (ii) the maintenance, replacement,
removal, relocation, or addition of CITY Poles and facilities shall remain within the sole
province and discretion of CITY. Notwithstanding the foregoing, any actions of CITY
under this Agreement shall be taken on a nondiscriminatory basis.
2.4 Poles Only This Agreement addresses only Attachments to CITY Poles.
This Agreement does not authorize Licensee to install or maintain Attachments on other
CITY property and facilities, including without limitation conduits, buildings, and towers.
2.5 City Rights-of-Ways Nothing in this Agreement shall be construed to
grant Licensee any right or authorization to use or occupy the public streets or rights-of-
way of the CITY. Except for the placement of Attachments on Poles or other facilities
covered by this Agreement and notwithstanding that a Pole to which Licensee may attach
its facilities is in the CITY's public streets or rights-of-way, Licensee and CITY agree that
the authority to attach to CITY Poles does not grant Licensee authority to use or occupy
CITY's public streets or rights-of-way.
2.6 Private Easements Licensee understands that some Poles are located on
dedicated easements over private property that, by their terms, restrict the use of the
easement to CITY for the sole purpose of electric distribution or transmission. Nothing in
this Agreement shall compel CITY to extend any property rights it does not have. Nothing
in this Agreement and no action by CITY shall be construed to offer, grant or approve any
right or license to use such easement or to affix an Attachment to a Pole within such
easement without the consent of the owner of the property to which the easement is
appurtenant, unless otherwise allowed by law. CITY has no obligation to expand or obtain
rights in such easement on Licensee's behalf. It is the sole obligation of Licensee to obtain
the necessary consent or additional easement rights, if any, at Licensee's own expense.
2. 7 Eminent Domain CITY is under no obligation to exercise any power of
eminent domain on Licensee's behalf.
2.8 No Property Rights In Poles All Poles shall remain the property of CITY
and no payment made by Licensee shall create or vest in Licensee any ownership right,
title, or interest in any Pole, but Licensee's interest shall remain a bare license. The
existence of such a license shall not in any way alter or affect CITY' s right to use, change,
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., d/b/a Sudden/ink Communications
reclaim, operate, maintain, or remove its Poles, subject to the terms and conditions hereof.
Nothing herein shall prohibit Licensee from repairing, operating, or maintaining a Pole at
Licensee's sole cost and expense if: (i) CITY expressly abandons the Pole or constructively
abandons the Pole by electing not to repair, operate, or maintain the Pole to such an extent
that a reasonable person would conclude that CITY .has abandoned the Pole, and (ii)
Licensee is permitted to do so under the City Code, the terms of Licensee's franchise, if
applicable, and any applicable easements; provided, however, that CITY may remove an
abandoned Pole if such removal manifestly serves the public interest.
2.9 License not Exclusive Licensee acknowledges that CITY has entered into
before, and may enter into in the future, similar or other agreements concerning the use of
Poles by third parties, including Licensee's competitors. Nothing in this Agreement shall
be construed to limit or in any way affect CITY' s right or ability to enter into or honor
other agreements, or to grant any rights, licenses, · or access concerning any Pole,
irrespective of the character or degree of economic competition or loss caused to Licensee,
so long as CITY's actions are nondiscriminatory.
2.10 CITY Priority The primary purpose of a Pole is electric distribution and
public health and safety, and CITY reserves to itself first priority in the use of a Pole. In
the event of any conflict between the use of a Pole by CITY and Licensee, the use of a Pole
for the distribution of electric power to CITY customers shall prevail and have priority
over Licensee's use of the Pole. CITY retains and shall have exclusive use of the Supply
Space. All of Licensee's Aerial Attachments shall remain within the Communications
Space.
2.11 Discretion of CITY Final CITY reserves the right to deny any Application
pursuant to the terms and conditions hereof, reserve any Pole to its own use pursuant to a
bona fide development plan, or modify any Pole for legal, safety, mechanical, structural,
engineering, environmental, reliability, or service reasons. Determination of these issues
shall at all times remain within the reasonable discretion of CITY, subject in all respects to
the terms and conditions hereof. Licensee will not be required to pay for any modifications
to any Pole or its Attachments in order to accommodate a Third Party User.
2.12 No Cost or Expense to CITY The engineering, construction, installation,
use, operation, and maintenance of Licensee's Attachments shall be at Licensee's sole
expense. Unless otherwise expressly provided herein, nothing in this Agreement shall be
construed to require CITY to expend any funds or to incur or bear any cost or expense.
ARTICLE3
USAGE RATES AND CHARGES
3 .1 Payment Due upon License Approval CITY' s approval of an Attachment
License shall be conditioned on Licensee's payment, within 45 days of approval, of the
then current Usage Rate for each approved Attachment, prorated to reflect the number of
months remaining in the Contract Year after CITY' s invoice, with any partial month being
considered to be a full month.
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlb/a Sudden link Communications
3.2 Calculation of Usage Rates For each Contract Year, the Usage Rate shall
be no higher than the Maximum Lawful Usage Rate. Before each new Contract Year, CITY
will notify Licensee in writing of the Maximum Lawful Usage Rate for such Contract Year
at least 60 days in advance of any invoice. The CITY shall provide its Maximum Lawful
Usage Rate calculations and relevant support data so Licensee may verify that the Rate is
calculated in accordance with applicable law. The Maximum Lawful Rate may take into
account changes in applicable laws that are to go into effect during the upcoming Contract
Year. If Licensee disagrees in good faith with CITY's dete1mination of the Maximum
Lawful Usage Rate, Licensee may protest in writing within 3 0 days of receipt of the notice.
The protest shall include copies of all records and other documentation that support
Licensee's position. Failure to timely protest CITY's proposed Usage Rate shall constitute
agreement to and acceptance of CITY' s determination. If Licensee does timely protest a
proposed Usage Rate, the parties shall endeavor in good faith to negotiate a resolution of
the dispute. If the parties are unable to resolve the dispute within 60 days from the date of
Licensee's protest, then either party may seek relief from the Texas Public Utilities
Commission pursuant to Chapter 54.204 of the Texas Utilities Code, any successor
regulation, or any other law conferring jurisdiction on the Texas Public Utilities
Commission. The Texas Public Utilities Commission shall be the sole and exclusive forum
for resolution of a dispute about a Usage Rate, unless the Texas Public Utilities
Commission lacks jurisdiction, in which event the dispute resolution provisions set forth
in paragraph 18.7 shall control. If the dispute is not resolved by the time the Annual Usage
Charge invoice is issued, Licensee shall nonetheless pay the invoice based upon the
disputed Usage Rate. Payment by Licensee of the invoice shall not prejudice Licensee's
ability to continue to contest the Usage Rate, and CITY agrees not to interpose any claim,
defense, or counterclaim that Licensee has waived its right to contest the Usage Rate by
paying the disputed invoice.
3.3 Subsequent Annual Usage Charges In each January of each Contract
Year and continuing thereafter until the expiration or termination of this Agreement, CITY
will invoice for, and Licensee shall pay, within 45 days after receipt of invoice, the Annual
Usage Charge for the new Contract Year. All overdue balances shall accrue interest at the
rate of 1 % per month from the due date until paid, or the maximum rate allowed by law,
whichever is less.
3 .4 Invoice Disputes If Licensee believes in good faith that an Attachment
count contained in an Annual Usage Charge invoice is incorrect, it may pay the invoice
under protest. To protest an invoice, Licensee must give CITY written notice of the nature
of its protest no later than the due date for payment of the invoice together with copies of
records and other documentation supporting its position. The parties shall promptly meet
to resolve the discrepancies in their records to determine the correct Attachment count. If
the parties are unable to resolve a discrepancy as to the correct count, the parties may, upon
mutual agreement, jointly conduct a physical inventory of geographical grids or other
mutually agreeable census to determine the correct count. The cost to conduct such
inventory or census shall be equally divided between the parties.
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlb/a Sudden link Communications
3.5 Adjustments If upon resolution of a dispute between the parties under
paragraph 3 .2 or paragraph 3 .4, a refund is due to Licensee, CITY shall refund the amount
of the overcharge together with interest at the rate specified in paragraph 18.5 from the date
of CITY's receipt of the protested Annual Usage Charge payment. If Licensee owes
additional money, a corrected invoice shall be issued by CITY for the additional Annual
Usage Charge due, plus accrued interest at the rate specified in paragraph 18.5 from the
due date of the original invoice.
3.6 No Allowances Unless otherwise expressly stated in this Agreement, there
shall be no offsets against any sums due under this Agreement, or any other allowances,
for system improvement, materials or labor supplied, upgrading, life extension, or other
direct or incidental benefits conferred by Licensee upon CITY or its poles, system, or
facilities. All such improvements and benefits belong solely to CITY, and the fact that
such improvements or benefits may accrue shall in no way alter or affect Licensee's
obligations under this Agreement.
3. 7 Wireless Facilities Rental Rate CITY shall not impose a Wireless
Facilities Rental Rate for any Attachment that is a Wireless Facility used exclusively to
provide wireless services in a non-discriminatory manner to the public without charge. In
the event Licensee offers commercial service using Wireless Facilities attached to a Pole
that are not classified as Commercial Mobile Radio Services, CITY and Licensee shall
negotiate in good faith on a just and reasonable rental rate for such Attachments. In no
event shall the Wireless Facilities Rental Rate for Attachments that are Wireless Facilities
exceed the Maximum Lawful Usage Rate.
3.8 Commercial Mobile Radio Services CITY is willing to grant a non-
exclusive license to install, maintain, operate, repair, and replace a Distributed Antenna
System ("DAS"), DAS Network, micro or small cell installations within the
communications space on existing poles within discrete segments of the rights-of-way,
subject to the requirements of a separate license agreement and pursuant to permits issued
by the CITY. The separate license agreement is consistent with Section §54.205 of the
Public Utilities Regulatory Act (Texas Utilities Code) which reserves "a municipality's
historical right to control and receive reasonable compensation for access to the
municipality's public streets, alleys, or rights-of-way or to other public property".
ARTICLE4
ATTACHMENT LICENSES
4.1 Attachment License Required Licensee shall have an Attachment License
with CITY before performing any new Attachment work on a Pole or other facility on
CITY property or easement. Maintenance of existing equipment shall be allowed,
including transfers for new poles and for make ready work of other Licensees, if Licensee
has a current Attachment License that covers the existing Attachments and equipment.
Licensee must have an Attachment License for each Pole or group of Poles to which
Licensee's Attachments are to be affixed, identifying each separate Attachment to the
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden link Communications
Pole(s) by type. An Attachment License is not needed to perform visual inspections
necessary for preparing an Attachment Application.
4.2 Overlashing Licensee must obtain a separate and additional Attachment
License for any Attachment it seeks to overlash to an existing Licensee or Third Party User
Attachment or Pole Contact. Licensee may not allow another party. to overlash to
Licensee's facilities without such party first having an agreement with and Attachment
License from CITY. Poles are the sole property of CITY, and Licensee shall not charge
or accept any financial consideration for allowing a third party to overlash to an Attachment
or Pole Contact without CITY' s written consent.
4.3 Application Process The Application must be submitted in the then-
approved CITY format. The Application form, and all required supporting documentation
and other procedures, are within the reasonable discretion of CITY and may change from
time to time upon prior written notice (provided such changes are not inconsistent with the
terms and conditions of this Agreement and applied in a nondiscriminatory manner). CITY
may reject entirely an incomplete Application, or it may request additional information to
support the Application, in which event the requested information shall be promptly
furnished. In the event that CITY denies an Application, it shall provide written notice of
its reason for denial to Licensee within 10 days of the date the Application was submitted.
4.4 Filing Fee The Filing Fee shall be paid at the time the Application is
submitted. No Application will be considered before payment of the Filing Fee. Fee
Schedule is attached as an exhibit.
4.5 Approval
(a) CITY retains sole and complete discretion to deny or modify any
Attachment Application in order to be able to preserve the safety, reliability,
integrity, and effectiveness of the electric distribution system that constitutes the
core of its business and its governmental mandate. CITY will approve, modify, or
deny an Attachment Application within 15 business days of submission. Licensee
may request CITY to reconsider a denial or modification of an Attachment
Application. CITY may approve an Application as submitted, approve it on a
modified or conditional basis, or may deny the Application in accordance with the
policies adopted by CITY pursuant thereto. An Application may be denied solely
for the reasons set forth. The CITY's Director of Utilities may deny an application
if:
1. the applicant fails to submit a complete application;
2. the applicant fails to supplement its application with additional
information or otherwise cooperate with the utility as requested
in the evaluation of the application;
3. the applicant fails to pay the applicable filing fee;
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlbla Sudden/ink Communications
4. the proposed attachments are of excessive size or weight or
would otherwise subject utility infrastructure to unacceptable
levels of additional stress;
5. approval would jeopardize the reliability or integrity of the
electric system or of individual units of utility infrastructure;
6. approval would present a safety hazard to a City employee or the
public;
7. approval would impair the City's ability to operate or maintain
utility infrastructure; or
8. approval would require an unacceptable change, upgrade, or
addition to utility infrastructure.
(b) In the event that CITY intends to deny an Attachment Application
because the proposed Attachments are of excessive size or weight or would
otherwise subject utility infrastructure to unacceptable levels of stress, because
approval would jeopardize the reliability or integrity of the electric system or of
individual units of utility infrastructure, because approval would present a safety
hazard to a CITY employee or the public, because approval would impair the
CITY' s ability to operate or maintain utility infrastructure, or because of any other
reason for which denial is permitted by law, and the Pole may be modified or
replaced to resolve that issue, CITY shall approve the Attachment Application
provided that (i) the Licensee agrees to pay CITY' s Costs to so modify or replace
the Pole, and (ii) the Attachment Application is otherwise acceptable and grantable
pursuant to the terms and conditions of this Agreement and applicable law
(provided, however, that nothing in this sentence abridges or modifies the
requirements set forth in paragraph 6.4).
4.6 Order of Approval Applications concerning a particular Pole will be
considered and acted upon by CITY in the order in which they are filed. For purposes of
evaluating an Application with respect to Pole capacity and existing Third Party User
Attachments, CITY will consider not only all existing attachments but also all valid
Attachment Licenses and reserved CITY space.
4.7 Engineering Licensee shall submit documentation of its field evaluation
using a CITY-approved Licensee employee. CITY shall not unreasonably withhold,
condition, or delay grant of approval for a CITY-approved Licensee employee. CITY shall
accept and rely on such documentation, but shall reserve the right to perform, or have a
firm retained by CITY perform, its own engineering and field evaluation including pole
loading analysis. All Costs for such engineering and field evaluation shall be paid by
Licensee. With respect to a particular Pole, CITY' s engineering shall take into account
and allow space for all Attachment Licenses, which are valid for that Pole. In granting an
Attachment License, CITY shall issue to Licensee the related Design Documents that were
paid for by the Licensee.
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
4.8 Attachment License Expiration All Attachment Licenses and Design
Documents and any rights conferred thereunder shall expire on the later of (i) 120 days
after issuance (or such longer period as the parties may agree to in writing) or (ii) 60 days
after completion of all Make-Ready work, unless all Make-Ready and installation work
has occurred in accordance with the Design Documents before the end of such period. If
an Attachment License for a Pole expires, Licensee shall re-apply, de novo, for an
Attachment License and must receive such License from the CITY before Licensee can
begin working on or making an Attachment to that Pole.
ARTICLES
GENERAL REQUIREMENTS
5 .1 Work Site Safety In performing any work on or near Poles supporting
energized electric lines, Licensee, and its Contractors, agents and employees shall comply
with Chapter 752 of the Texas Health and Safety Code and all federal, state and local laws,
rules and regulations governing work in proximity to energized electric lines, including
without limitation, those promulgated by the Occupational Safety and Health
Administration. LICENSEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CITY, ITS
OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, AND SUBCONTRACTORS
FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS AND JUDGMENTS ARISING FROM
OR CONCERNING A BREACH BY LICENSEE OF ITS OBLIGATIONS UNDER THIS PARA GRAPH.
5 .2 Electrical Code Licensee, and its Contractors, agents and employees, and
all work, Contacts, and Attachments on a Pole shall at all times comply with the-then
current Electrical Code, as applicable.
5.3 Design Documents All Make-Ready, installation, and other work
performed by Licensee on a Pole or Attachment shall at all times comply with the Design
Documents and CITY Distribution Construction Standards.
5.4 Service Interruptions Licensee shall not cause any interruption of CITY
or Third Party User services without first obtaining CITY's express written consent as
provided by Article 6. If it is necessary for CITY to de-energize any equipment or lines
for Licensee's benefit, Licensee shall reimburse CITY in full for all Costs in doing so. In
the event Licensee damages any of CITY' s equipment or lines or causes any service
interruption, Licensee, at its sole expense, shall immediately do all things reasonable to
avoid injury and further damage, direct and incidental, resulting therefrom and shall notify
CITY immediately. Licensee shall be liable for all Costs resulting from such damage and
any necessary repairs.
5.5 CITY Oversight CITY shall have the right to conduct on-site field
oversight and inspections of Licensee's Attachments, work, and operations on Poles and
in CITY easements. CITY may conduct pre-construction surveys, and post-construction
inspections at Licensee's expense and shall provide Licensee with the results. CITY shall
at all times have unrestricted access to Poles and to all field work sites of Licensee and
Licensee's Contractors. Both CITY and CITY's representative at any Pole site shall have
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlbla Sudden/ink Communications
complete and final authority to order the immediate suspension of Licensee's construction
or installation activities if CITY or CITY' s representative, in its sole discretion and
judgment, deems such action necessary for reasons of safety, engineering, electrical service
reliability, or failure to obtain proper licenses and permits. If an immediate suspension
order is issued, the CITY or CITY' s representative shall have the right to inspect any and
, all facilities installed up to that point on Licensee's Attachment submittal, at Licensee's
expense. In the event of an oral suspension order, CITY shall send written notice to
Licensee within three (3) days after such suspension, identifying the alleged bases for
suspension. Such suspension shall be in effect until such time as the Licensee cures, at
Licensee's sole Cost, the alleged bases for suspension. In no event shall CITY be
responsible for any damages, losses, or costs incurred by Licensee as a result of such work
stoppage. Licensee's failure to obey a suspension order issued in accordance with this
Agreement shall constitute a material breach of this Agreement.
5.6 Laws To the extent that the Code of the City of College Station lawfully
requires Licensee to possess a valid franchise or construction permit before engaging in a
particular act, Licensee must comply with such requirement before beginning Make-Ready
construction or installing Attachments. Nothing in this Agreement shall be construed as
waiving other CITY requirements or permitting the construction of facilities other than
Attachments. Attachments must conform to local, state, or federal law. Licensee's use of
any Pole and Licensee's Attachments shall at all times conform to the requirements of the
CITY' s Code of Ordinances, Infrastructure Usage Regulations, and the published policies
promulgated by the CITY pursuant thereto.
5.7 Other Permits Licensee shall apply for and obtain all licenses, permits or
other authorizations required to provide its service or to use, operate or maintain its
Attachments. If Licensee is denied any required license, permit or authorization, Licensee
may, upon written notice to CITY, terminate any Attachment License granted hereunder
that was predicated upon the grant of such license, permit or authorization.
5.8 Taxes and Liens Licensee shall pay all taxes and assessments lawfully
levied on Licensee's Attachments and any tax, assessments, fee, or charge levied on Poles
solely because of their use by Licensee. In no event shall Licensee permit any lien to be
filed or to exist upon any Poles or CITY property as a result of any claim against Licensee.
Licensee shall promptly pay upon receipt of written notice from CITY all such liens
together with all fees and costs necessary to discharge same, or shall bond around such
liens in the manner provided by law.
5.9 Electrical Code Conflicts In the event of a difference, conflict, or
discrepancy between or among the requirements or practices of any Electrical Code or
safety regulations, laws, or industry standards the following rules shall apply: (A) if one
specification or practice is more stringent than the other, the more stringent shall apply;
(B) if one is not more stringent than the other, the NESC shall govern to the extent
permitted by law; (C) if the first two rules are insufficient to resolve the conflict in a clear
and unambiguous manner, CITY shall determine which standard shall apply, giving highest
priority to safety considerations.
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden link Communications
5 .10 Design Document Conflicts In the event of a difference, conflict, or
discrepancy between or among the requirements or practices of the Design Documents and
CITY Distribution Construction Standard, the Design Documents shall govern. In the
event Licensee believes a Design Document or CITY Distribution Construction Standard
is inconsistent with Electrical Code or applicable law, Licensee shall refer the matter to
CITY for determination.
5.11 No Interference Licensee will use and operate any Wireless Facilities in a
manner that will not cause radio frequency interference with the facilities or operations of
CITY. Licensee will use and operate any Wireless Facilities in a manner that will not cause
radio frequency interference with the Wireless Facilities of Third Party Users, provided
that such other Third Party User's installation of Wireless Facilities predates the Licensee's
installation of its Wireless Facilities. In the event any such interference occurs, Licensee
will immediately upon receiving notice from CITY or the Third Party User, investigate the
cause of such interference and if Licensee is determined to be the cause of such interference
shall immediately cease operations until such interference is rectified, testing of said resolution
excepted In the event Licensee does not cease interfering operations then the Attachments
constituting such Wireless Facilities shall become Unauthorized Attachments. CITY
agrees that in the event CITY allows any Third Party User to use and operate Wireless
Facilities on a Pole, CITY will require such Third Party User to agree (i) not to cause radio
frequency interference to Licensee's Wireless Facilities on the Pole, provided that
Licensee's installation of Wireless Facilities predates the Third Party User's installation of
its Wireless Facilities; (ii) in the event such interference occurs, to cease operations
immediately upon receiving notice from CITY or the Licensee and not resume operations
until the Third Party User has eliminated such interference; and (iii) that failure to cease
interfering operations will cause such Third Party User's Attachments to become
unauthorized attachments.
5.12 Electricity for Wireless Facilities CITY shall supply electricity to
Licensee's Wireless Facilities pursuant to and subject to the tariffed rates, terms, and
conditions for such electrical service.
ARTICLE6
MAKE-READY CONSTRUCTION
PART A -GENERAL PROVISIONS
6.1 Performance of Make-Ready Work The Parties shall negotiate the
performance of the necessary Make-Ready work, except as set forth in paragraphs 6.3, 6.4,
and 6.5. All Make-Ready Costs shall be borne solely by Licensee, including without
limitation, costs of planning, engineering, construction, and pole replacement, except as
set forth in paragraphs 6.3, 6.4, and 6.5.
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
6.2 Third Party Facilities Make-Ready Costs that are to be paid by Licensee
include all costs and expenses to relocate or alter the attachments or facilities of any pre-
existing Third Party User as may be necessary to accommodate Licensee's Attachment.
CITY shall provide at least 30 days' notice to each Third Party User that needs to relocate
or alter its facilities to accommodate Licensee and attempt to make all other necessary
arrangements directly with the affected Third Party Users. CITY agrees to make best
efforts to cause a Third Party User to relocate such Third Party User's facilities, including
declaring such Third Party User's facilities to be unauthorized, in accordance with the
terms of CITY's pole attachment agreement with such Third Party User, if the Third Party
User fails to relocate its facilities within the time periods specified in the pole attachment
agreement between CITY and such Third Party User.
6.3 Non-Conforming Attachments Notwithstanding paragraphs 6.1 or 6.2,
Licensee shall not be liable for any cost or expense to modify, replace, relocate, or alter
any attachments of CITY or a Third Party User that do not comply with the Electrical Code
or applicable law. Licensee shall notify CITY if Licensee determines that any Third Party
User attachments are out of compliance with the Electrical Code or applicable law, and
CITY shall use its best efforts to cause any Third Party User to bring existing attachments
into compliance within 30 days of such notice. If after 30 days the owner of the out-of-
compliance attachment has not completed its work and brought its attachment in to
compliance with the Electrical Code and applicable law, CITY shall declare such Third
Party User's facilities to be unauthorized, and CITY or Licensee may relocate or alter the
Third Party User's attachment at the Third Party User's expense. CITY shall use its best
efforts to cause the Third Party User to pay Licensee its costs and expenses for bringing
such Third Party User's attachments in to compliance with the Electrical Code and
applicable law.
6.4 Pole Replacement and Maintenance CITY shall change, modify, or
replace any Pole, at Licensee's request, unless such change, modification, or replacement
will jeopardize the safety or reliability of CITY's electrical service. Except as otherwise
provided in this paragraph, Pole replacement Costs shall be borne by Licensee if Pole
replacement is requested by Licensee or if, because of insufficient capacity, approval of
Licensee's Attachment Application first causes the need for the Pole replacement. CITY
agrees that if a Pole is broken, rotten, or not otherwise in compliance with the Electrical
Code or applicable law, standard Pole replacement costs shall be borne by CITY, except
for additional pole height above the height of the existing pole; or pole strength required to
accommodate Licensee's new attachments. If the non-compliance with the Electrical Code
or applicable law or the broken pole is the result of Licensee's actions or the actions of
Licensee's subcontractors, the Licensee shall be liable for the expense.
6.5 Pole Upgrades Notwithstanding anything set forth in paragraph 6.4 with
respect to Licensee's responsibility to pay CITY's costs of changing, modifying, or
replacing any Pole, CITY shall continue its existing Pole maintenance, modernization, and
upgrade program.
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlbla Sudden/ink Communications
PART B -CONSTRUCTION BY LICENSEE
6.6 Construction by Licensee All work performed by or on behalf of
Licensee pursuant to an Attachment License shall be done in a good and workmanlike
manner. Licensee shall also comply with the provisions of Exhibit B, which CITY may
reasonably change upon 60 days written notice to Licensee (provided that such change is
not inconsistent with the terms and conditions of the body of this Agreement). Licensee's
acceptance of an Attachment License constitutes Licensee's agreement to be bound by its
terms and conditions. All Attachments, Contacts, Make-Ready work, and other work
performed or maintained by Licensee on a Pole shall strictly comply with Electrical Code,
the Design Documents, and other laws and standards as provided by Article 5. Any
material deviation shall constitute a material default under this Agreement if not cured
within forty-five (45) calendar days or within such other mutually agreed upon time:frame,
and shall afford CITY all lawful remedies it may have available to it, including without
limitation the right to suspend Licensee's Make-Ready and installation operations and
terminate Attachment Licenses for any non-compliant Attachments.
6.7 Coordination of Make-Ready Efforts In the event multiple entities have
been granted Attachment Licenses for the same Pole and a disagreement arises between
them as to construction and installation schedules, CITY shall have the right to require a
representative of Licensee who has authority to agree on these issues to attend a meeting
called by CITY to discuss and agree on these issues. Failure to reach an agreement shall
result in mandatory submittal of these issues to mediation at the applicants' expense;
provided, however, that if CITY in its reasonable discretion determines that Licensee is not
bargaining in good faith, CITY may revoke or modify Licensee's Attachment License.
6.8 Authority to Proceed An Attachment License is not an authority to
proceed with construction work on a Pole. Before beginning construction work on a Pole,
Licensee shall give CITY not less than three (3) days written notice of the Pole location,
the proposed date on which work will commence, and whether any electrical service
interruptions or de-energizations will be required. If CITY does not approve of such date
(such approval not to be unreasonably withheld, conditioned, or delayed), the parties shall
mutually agree on a date for construction to take place and shall make all necessary
arrangements and schedules for line and equipment de-energization. Licensee shall not
begin construction work without authority to proceed from CITY, and shall comply with
the agreed upon construction and de-energization schedule. Licensee shall be responsible
for coordinating its efforts with CITY field inspection personnel and for any actions or
notifications required by the CITY's Utilities Dispatch Center. LICENSEE SHALL
INDEMNIFY CITY FROM ALL CLAIMS FOR LOSS, HARM, PROPERTY DAMAGE,
AND BODILY INJURY OR DEATH IN CONNECTION WITH ANY WORK
PERFORMED WITHOUT THE NOTICE AND ARRANGEMENTS CONTEMPLATED
BY THIS PARAGRAPH.
6.9 Service Interruptions In the event Licensee's construction eff01is require
a scheduled interruption in CITY or Third Party User services or otherwise require de-
energization of CITY lines, time shall be of the essence. If Licensee fails to comply with
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
the construction schedule as agreed upon pursuant to the preceding paragraph, CITY may
opt to immediately revoke Licensee's Attachment License(s) for the Poles in question and
restore the inte1rupted power and services at Licensee's sole Cost, unless Licensee's failure
results from Force Majeure or through the fault of CITY or a Third Party User.
6.10 Contractors All contractor work for Make-Ready work in or around the
Supply Space for the initial installation of all facilities, performed by or on behalf of
Licensee pursuant to an Attachment License, shall be done by a Contractor approved by
CITY. Licensee may propose new Contractors from time-to-time, and CITY shall approve
such proposed Contractor unless there is a demonstrable reason for not approving such
Contractor. Only orderly and competent workers shall be used. Neither Licensee's workers
nor those of its Contractors may possess any weapon, or use, possess or be under the
influence of any alcoholic or other intoxicating beverage, drug or controlled substance
while performing any work on or around a Pole. If CITY finds any Licensee or contract
worker to be incompetent, disorderly, in the possession of any weapon, or in the possession
of or under the influence of alcohol or drugs, Licensee shall promptly remove such worker
from all work on or around Poles, and may not again use such worker on work on or around
Poles without the prior written consent of CITY.
6.11 Materials Should the Licensee be approved to undertake the electrical
Make-Ready Construction, Licensee shall furnish all necessary materials and hardware
including but not limited to: poles, crossarms, mounting hardware, guys, anchors,
insulators, conductors, and any associated miscellaneous hardware. All materials used by
Licensee for electrical Make-Ready work on Poles shall be obtained from CITY-approved
vendors and shall be new and of good quality and free from known material defects. The
use of attachment arms is prohibited without CITY' s prior written consent.
6.12 Licensee to Bear Costs All Costs and expenses necessary to complete the
Make-Ready construction, including the transfer of CITY facilities and Third Party User
facilities, shall be borne entirely by Licensee except as set forth in paragraphs 6.3, 6.4, and
6.5, provided that such Make-Ready is required solely to accommodate Licensee. Licensee
will not be required to pay any Make-Ready Costs required to repair pre-existing, non-
grandfathered, safety violations of CITY or another attacher.
6.13 CITY Property Notwithstanding paragraphs 6.11 and 6.12, all Poles and
materials installed in the Make-Ready process shall become and remain CITY' s sole
property, regardless of which entity procured or paid for it, with the exception of Licensee's
facilities and equipment. Licensee shall execute any documents reasonably requested by
CITY to evidence the transfer of title to such Poles and materials to CITY, and Licensee
shall brand and tag all new poles to indicate CITY ownership. Licensee's performance of
Make-Ready Work or payment of any Costs (A) shall in no way create or vest in Licensee
any ownership right, title, or interest in any Pole or electrical facilities, (B) shall not entitle
Licensee to any offsets, credits, payments, or income from CITY' s operation of the Pole
or facilities, (C) shall not alter or affect CITY's rights under this Agreement, including
those under Article 13, or (D) shall not restrict CITY's ability to allow access to a Pole by
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlbla Sudden/ink Communications
Third Party Users. Licensee's interest shall at all times remain a bare revocable license
that is subject to the terms of this Agreement.
6.14 Tree Trimming Licensee shall be responsible for all tree trimming
necessary for the safe and reliable installation, use, and maintenance of its Attachments,
and to avoid stress on Poles caused by contact between tree limbs and Licensee's
Attachments. All tree trimming shall be performed in accordance with the-then current
CITY tree-trimming policies (to the extent not inconsistent with the terms and conditions
of this Agreement), including without limitation those relating to owner notification and
consent.
6.15 Anchors and Guying Licensee shall provide all anchors and guying
necessary to accommodate the additional stress and load placed upon a Pole by its
Attachments. Anchors and guys shall be in place and in effect prior to the installation of
Attachments, cables, or any other facilities on a Pole. Licensee shall not attach to any
CITY anchors or guying. Anchors shall not be placed outside of the easement in which a
Pole stands.
ARTICLE7
INSTALLATION AND MAINTENANCE OF ATTACHMENTS
7.1 Installation Upon (A) completion of Make-Ready work, and (B) CITY's
receipt of full payment of all sums owing to CITY, if any, for engineering, Make-Ready,
and other Costs in connection with the applicable Pole, Licensee may affix its Attachments
to the Pole as set forth in the Attachment License and Design Documents.
7.2 Communication Space Except as otherwise provided herein, all
Attachments and Contacts on a Pole must remain in the Communications Space. Licensee
operations in the Supply Space or in the space separating the Communication and Supply
Spaces are prohibited. The Communications Space includes the space reserved for each
attachment on a given pole. Each attachment or space reserved in the Communications
Space shall have a maximum size of twelve (12) inches. Each thru-bolt type Attachment
where the Pole is drilled and bolted to support cable and messenger or band used to support
cable or messenger shall maintain a minimum of 12" vertical separation from adjacent bolts
or bands.
7.3 Maintenance Licensee shall, at its sole expense, make and maintain its
Attachments in a safe condition and in good repair including maintain tree trimming and
clearances, and in such a manner as to not interfere with or interrupt CITY' s lines, facilities,
and services or with Third Party User attachments, facilities, and services.
7.4 No Damage Licensee shall not cause damage to CITY or Third Party User
facilities or operations. If Licensee, its Contractors, agents, employees, or Attachments
cause damage to CITY or Third Party User facilities or operations, Licensee assumes all
responsibility for, and shall, as determined by CITY, either repair or promptly reimburse
CITY or the Third Party User for all direct loss and expense caused by such damage.
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlb/a Sudden link Communications
Licensee shall immediately inform CITY and all damaged Third Party Users of any damage
to their facilities.
7.5 Sag and Mid-Span Clearances Licensee shall leave proper sag in its lines
and cables and shall observe the established sag of power line conductors and other cables
so that during the life of the Attachment minimum clearances are (A) achieved at Poles
located on both sides of the span and (B) maintained throughout the span. A minimum
clearance between surfaces must be maintained between Licensee's and others' Cables at
mid-span and between Licensee's and others' Attachments and Pole Contacts on the Poles.
Licensee will correct any clearance violations caused by its facilities or attachments. In no
event will Licensee be responsible for clearance violations caused by any other party,
including CITY.
7.6 Climbimr Soace An unobstructed climbing space must be maintained at
all times on the face of all Poles as required by Electrical Code, as well as adequate ground
access to Poles. All Attachments must be placed as to allow and maintain a clear and
proper climbing space. Licensee shall place its Attachments on the same side of the Pole
as the majority of existing Attachments, if any. Licensee is prohibited from Boxing on
CITY poles. Notwithstanding the foregoing, in no event will Licensee be responsible for
climbing space violations caused by any other party, including CITY.
7. 7 Tagging Each Attachment shall be identified at all times by an identifying
marker at each pole approved by CITY that, at minimum, (A) is permanent in duration and
not degradable by rain or sunlight (B) has coloring and numbering or lettering unique to
Licensee, and (C) is capable of being read unaided from the ground by a person with normal
VlSIOn.
ARTICLES
MODIFICATION OF ATTACHMENTS
8.1 No Unauthorized Modifications Except for routine modifications as
provided in Section 8.2, Licensee shall not change the type, nature, or location of any
Attachment or alter its use of a Pole without prior written CITY consent. Any such
unauthorized modifications shall be deemed an Unauthorized Attachment and the remedial
provisions in Article 10 (Unauthorized Attachments) shall apply.
8.2 Routine Modifications Licensee does not need CITY consent for (A)
changes incident to routine maintenance and repair; (B) installations of service drops; (C)
removal of Licensee's Attachments; or (D) upgrades of existing equipment that do not
materially alter pole loading or pole space utilization.
8.3 CITY Mandated Modifications Within 30 calendar days of written
request by CITY or within such other mutually agreed upon timeframe, Licensee shall move
or rearrange its Attachments in order to maximize the usable available Pole space and/or
to accommodate CITY facilities. Licensee shall do so at its sole cost and risk, except that
Licensee shall not be responsible for any costs or expenses incurred to relocate or alter its
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., d/bla Sudden/ink Communications
Attachments to accommodate the Make-Ready work of other Third Party Users. If
Licensee fails or refuses to comply with the directions of CITY to change, alter, improve,
move, remove or rearrange any of its Attachments in accordance with this Agreement,
CITY may then opt to change, alter, improve, move, remove or rearrange such Attachments
without incurring any liability, except as provided in Article 16, to Licensee and at
Licensee's sole cost and risk, or CITY may proceed under Article 13 of this Agreement.
8.4 Emergencies In case of an Emergency, including electrical service
restorations, CITY may move, rearrange or transfer Licensee's Attachments, without notice
and without liability to Licensee or to any other person, except as provided in Article 16.
Licensee shall be responsible for all Costs and shall reimburse CITY for the costs CITY
incurs relating to such work within forty-five (45) calendar days of the date CITY sends
Licensee an invoice for such work. An "Emergency" is a condition that: (i) poses an
immediate threat to the safety of utility workers or the public; (ii) materially and adversely
interferes with the performance of CITY or another Third Party User's service obligations;
or (iii) poses an immediate threat to the integrity of CITY or another Third Party User's
Poles or equipment. As soon as practical thereafter, CITY shall notify Licensee of such
events and actions.
8.5 Destroyed Poles If any Pole on which Licensee has an Attachment is
substantially destroyed or damaged by fire, storm, accident, or otherwise, CITY shall be
under no obligation to rebuild or replace such Pole, but may elect to terminate Licensee's
Attachment License for such Pole without any liability to Licensee. CITY shall notify
Licensee in writing of a termination under this paragraph, and Licensee shall be entitled to
a pro-rata refund of any prepaid but unearned Annual Usage Charge attributable to the
Attachments on such damaged or destroyed Pole. Nothing herein shall prohibit Licensee
from repairing or replacing such damaged or destroyed Poles at Licensee's sole cost and
expense if: (A) CITY elects not to repair or replace same, and (B) Licensee is permitted to
do so under the City Code, the terms of Licensee's franchise, if applicable, and any
applicable easements.
8.6 Pole Transfers
A. Licensee and CITY expressly agree that for the orderly management
of public rights-of-way and aesthetic considerations, double poles shall be
prohibited if a new Pole contains sufficient carrying capacity to support existing
Pole attachments. If CITY replaces an existing Pole supporting an Attachment with
a new Pole, CITY will provide at least 30 days advance written notice to Licensee
that Licensee must transfer its Attachment to the new Pole. If mutually agreed upon
and if reasonably feasible, CITY will transfer the Attachment to the replacement
Pole when CITY transfers its own lines and facilities. Licensee may also notify the
CITY in writing within 15 days of the notice that it does not desire to occupy the
new Pole. Failure of Licensee to timely respond to CITY's notice shall be deemed
an election to occupy the new Pole. If Licensee opts not to occupy the new Pole
within 30 days, Licensee's Attachment License to the new replaced Pole shall
terminate as of the date of replacement and as liquidated damages to CITY for
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden link Communications
maintaining a double Pole, Licensee's attachment fees for the existing pole shall be
two times (2x) the Annual Usage Fee, starting 3 0 days after the date of replacement.
Should the double Pole become damaged or rotten, the City shall not be responsible
for its replacement and the Licensee will need to make other arrangements for their
facilities. Licensee shall not be entitled to a refund of any Annual Usage Charge as
a result. For each Attachment transferred by CITY, Licensee shall pay a transfer
Fee as set forth in Exhibit A, unless the transfer is the result of a Third Party User
attachment request, in which case the Third Party User will pay for Licensee's
transfer.
B. All Poles, including any new Poles that may be required shall be
installed in the same line of existing poles unless it is technically infeasible to do
so safely:
8.7 Relocation Upon at least 60 days advance written notice, Licensee agrees
that it will bear all actual and reasonable Costs associated with the relocation or re-routing
of its Attachments in the event CITY facilities are removed from a Pole and re-routed. In
such event, CITY shall be under no obligation to maintain any Poles that no longer support
CITY lines and may remove Licensee's Attachments when removing the abandoned Pole
at Licensee's sole Cost and risk, if Licensee fails to relocate its facilities in a timely manner.
CITY will afford Licensee the opportunity to relocate underground, at Licensee's expense,
where reasonably practicable. City is not responsible for any negotiations for
reimbursement for developer related relocations.
ARTICLE9
INVENTORY AND INSPECTIONS
9.1 Right to Inspect CITY may inspect Licensee's work and Attachments at
any time. CITY may conduct these inspections for any purpose relating to this Agreement,
including without limitation: (A) determining compliance with the Design Documents or
other design and installation requirements; or (B) determining compliance with Electrical
Code. The making of an inspection by CITY shall not operate in any way to relieve
Licensee or Licensee's insurers of any responsibility, duty, obligation, or liability under
this Agreement or otherwise, nor does CITY' s ability to make inspections relieve Licensee
from its obligations to exercise due care in the operation and inspection of its Attachments.
9 .2 Compliance In the event any inspection of an existing Attachment reveals
that corrections or other actions are required of Licensee under this Agreement, including
without limitation those required for reasons of safety or structural integrity, Licensee shall
make such corrections or take the requested actions within 30 days after the date CITY
sends Licensee a written notice informing Licensee of the corrections to be made. If such
corrections cannot be made within 30 days, the parties will agree on a mutually acceptable
timeframe. CITY may also perform such work without notice, at Licensee's sole Cost and
risk, except as provided in Article 16, if CITY determines in its reasonable judgment and
discretion that an Emergency does not permit full advance notice to Licensee. If Licensee
fails or refuses to comply with the directions of CITY, the Attachment License(s) for the
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlb/a Sudden/ink Communications
Attachments in question shall be terminated. In no event will Licensee be responsible for
corrections of violations caused by another party, including CITY. CITY may opt to
change, alter, improve, move, remove or rearrange such Attachments without incurring any
liability to Licensee, except as provided in Article 16, and at Licensee's sole Cost and risk,
or proceed under Article 13 of this Agreement.
9.3 System-wide Inventory Not more than once every 3 years, CITY may, but
is under no obligation to, conduct a system-wide inventory of all Licensee Attachments
and Third-Party User attachments on its Poles, for which Licensee shall bear its
proportionate share of Costs with all other Licensee's and joint pole users. CITY will
notify Licensee at least 90 days in advance of the times and places of such inventory, and
Licensee may have representatives accompany CITY on the inventory. CITY may use the
results of the inventory for purposes of calculating the Annual Usage Charge, but may also
rely upon geographical grids or other mutually agreeable census to determine the correct
count.
ARTICLE 10
UNAUTHORIZED ATTACHMENTS
10.1 Unauthorized Attachments Licensee shall not place any Attachments on
a Pole or other CITY infrastructure except as authorized by an Attachment License. If one
or more Unauthorized Attachments are discovered, Licensee shall comply with this Article
10 or, if Licensee fails to comply, CITY may, but shall not be required to, remove the
Unauthorized Attachment without incurring any liability to Licensee and at Licensee's sole
Cost, as described in this paragraph 10.1. With respect to any Unauthorized Attachment,
CITY may opt to:
A. Require that Licensee remove such Unauthorized Attachment upon
written notice or, if Licensee fails to do so as described in part B of this paragraph
10.1, remove such Attachment at Licensee's sole Cost and risk; or
B. Require that Licensee pay all costs to correct any Code or other
violation, all inspection and engineering costs to field-check necessary Poles,
Unauthorized Attachment Fees, with interest, for each unauthorized Attachment (as
established in Exhibit "A" Pole Attachment Charges), and submit an Application
for each such Unauthorized Attachment, together with the then-current Filing Fee
and Annual Usage Charge for the current year. If such Penalty Fees, Application,
and charges are not received by CITY within 30 days of notice of the Unauthorized
Attachment, or such reasonable time under the circumstances, CITY may then opt
to remove Licensee's Unauthorized Attachments pursuant to Part A. of paragraph
10.1. CITY reserves the right to immediately remove any Unauthorized
Attachments that, in the CITY'S sole opinion, poses an imminent danger to
electrical utility operations or the public.
10.2 Remedies Cumulative The remedies afforded CITY under this Article 10
are in addition to any civil or criminal penalties provided by City Ordinance, as amended.
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., d/b/a Sudden/ink Communications
10.3 Ratification Must Be in Writing No act or failure to act by CITY with
respect to an Unauthorized Attachment or any other unauthorized use of CITY Poles or
property shall be considered to be a ratification, licensing, or permitting of the unauthorized
use, irrespective of any otherwise applicable doctrine of waiver or laches.
10.4 Excessive Unauthorized Attachments Following the first audit after the
Effective Date, if CITY determines that Licensee has made more than 30 Unauthorized
Attachments cumulatively during any Contract Year, Licensee shall be considered to be in
material breach of this Agreement and CITY will have the right to terminate this
Agreement and require removal of Licensee's Attachments in accordance with Article 13
of this Agreement. Licensee herein reserves the right to challenge any such termination
and maintain its Attachments until such challenge is exhausted.
ARTICLE 11
ACCESS TO CONDUIT AND DUCTS
11. 1 Scope CITY represents and warrants to Licensee that as of the Effective
Date, CITY has not allowed any Third Party User to occupy CITY's electrical Ducts and
Conduits. Nothing herein shall be construed as to require CITY to provide Licensee with
access to CITY' s electrical Ducts and Conduits.
ARTICLE 12
CUSTOMER INTERACTION
12.1 Purpose Licensee acknowledges that the scope of its proposed project and
the amount of Make-Ready construction and Attachment installation it intends to undertake
under this Agreement will require Licensee to make extensive and repeated intrusions onto
the private property of CITY customers in order to access Poles. The purpose of this
Article is to establish minimum standards of conduct with respect to property owners and
CITY customers.
12.2 Licensee Conduct Before engaging in electrical Make-Ready or
installation work on the property of a CITY customer (except for connections or
disconnections of customer's service or doing maintenance on existing Licensee facilities),
Licensee shall, at minimum:
A. Provide CITY's Utility Dispatch Center (855) 528-4278 with notice
of the times, locations, and nature of the work to be performed;
B. Require all field crews, and those of its Contractors, to carry and
distribute upon request information packets explaining in detail the nature, extent,
and purpose of the work being done and listing the telephone number and web site
where additional information can be found;
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlbla Sudden link Communications
C. Establish and maintain a call-center telephone number during all
hours during which field work is being done that is staffed by knowledgeable
personnel who can answer and resolve customer questions and complaints
concerning the work being done on their premises;
D. Require all field crews to wear I.D. badges that identify themselves
as employees or Contractors of Licensee;
E. Have all vehicles used in field work bear logo of Licensee's
Contractors or Licensee; and
F. Have readily available, during all hours in which field work is being
done, one or more knowledgeable personnel who can communicate with and assist
the City Manager's Office and City Council members regarding property owner
complaints, and also have available qualified personnel to conduct on-site
resolution of property owner complaints.
12.3 No CITY Affiliation Licensee, and its employees, Contractors, and agents
shall not at any time represent themselves to the public, any CITY customer, or any resident
as being associated with, having the permission of, or having been requested by the City
of College Station to be on private property. Licensee shall inform any such persons that
it is allowed to work on CITY Poles by virtue of state and federal law, not by voluntary
association with the City of College Station.
12.4 Service Interruptions If applicable, Licensee shall provide written notice
to affected CITY customers of any planned electrical service interruptions by Licensee's
contractors that will affect them not less than 48 hours in advance of such interruption.
Such notice shall contain the specific dates and times for such interruptions and the reasons
therefor.
ARTICLE 13
TERMINATION
13.1 Termination of Attachment Licenses Attachment Licenses for specific
Attachments shall terminate upon any of the following events or conditions:
A. Licensee has not completed all necessary Make-Ready work and
Attachment installation within the later of (i) 120 days of issuance of the
Attachment License (or such longer period as the parties may agree in writing) or
(ii) 60 days after completion of all electrical Make-Ready work, unless Licensee
and CITY agree in writing for a longer period;
B. Licensee removes the Attachment other than in the course of routine
maintenance or replacement;
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlb/a Sudden/ink Communications
C. Licensee ceases to offer services, or provides services unlawfully,
through the Attachment;
D. Licensee fails to comply with paragraphs 8.3, 8.7 or 9.2 of this
Agreement, except as otherwise provided by those paragraphs.
13.2 Right of Suspension Except in the case of a bona fide, good faith dispute
between the parties, if Licensee fails either to make any payment required under this
Agreement, or to perform timely any material obligation under this Agreement, and such
default continues for 30 days after the date the payment or performance is due if such cure
can reasonably be completed within thirty (30) days, and if not, such cure has commenced
and is being diligently and consistently pursued then, in addition to any other available
right or remedy, CITY may, upon written notice to Licensee, immediately suspend all
Attachment Licenses of Licensee hereunder until such time as the default is cured. The
payment under protest of a disputed amount in order to avoid, or lift, suspension of
Attachment Licenses shall not prejudice the rights of Licensee to continue the payment
dispute. A suspension of Attachment Licenses under this paragraph shall not prevent
Licensee from operating, maintaining, repairing or removing its existing Attachments, but
Licensee shall not install any new or additional Attachments or make any changes to
existing Attachments (except for removal or routine repair or maintenance necessary to
continue to provide services to then-existing Licensee customers) during the period of
suspens10n.
13.3 Termination of Agreement by CITY If Licensee fails either to pay any
undisputed payment required under this Agreement, including timely payments to
Contractors for Make-Ready Work, or timely perform any material obligation under this
Agreement, and if such default has not been cured within three months of Licensee's
receipt of written notice of default, or if such cure cannot reasonably be completed in three
(3) months, cure has commenced and has been continuously and diligently pursued, CITY
may terminate this Agreement and all Attachment Licenses upon written notice to
Licensee. Upon receipt of a notice of termination, Licensee shall promptly begin the
process of removing all Attachments from specified Poles. All such Attachments shall be
removed within 90 days after the date of the notice of termination, or within such time as
CITY may agree. Until all of Licensee's Attachments are removed, Licensee shall continue
to comply with all of the terms of this Agreement and perform all of its duties and
obligations hereunder, including without limitation the obligation to pay Annual Usage
Charges for its Attachments. Such payment by Licensee or acceptance by CITY of Annual
Usage Charges shall not act to cure the default that triggered the termination nor shall it
reinstate this Agreement or Licensee's Attachment Licenses hereunder.
13.4 Failure to Remove Attachments If Licensee has not removed all its
Attachments within the period of time specified in the preceding paragraph, or such
additional period of time granted by CITY in writing, then CITY may remove Licensee's
Attachments at Licensee's sole Cost and risk, in which event Licensee shall pay to CITY
as liquidated damages, and not as a penalty, for the use and occupancy of CITY Poles a
sum equal to five times (5x) the monthly Usage Rate for each Attachment or Pole Contact
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlb!a Sudden link Communications
for each month (or part thereof) until all such Attachments or Pole Contacts have been
removed, in addition to the Annual Usage Fee. Alternatively, CITY may, in its reasonable
discretion and upon written notice to Licensee, deem the Attachments to have been
abandoned and assume ownership thereof.
13.5 Termination of Agreement by Licensee Licensee may terminate this
Agreement upon 60 days written notice to CITY, in which event all Attachments shall be
removed within 120 days after the date of the notice of termination or within such other
time as CITY agrees. Until all of Licensee's Pole Attachments are removed, Licensee shall
continue to comply with all of the terms of this Agreement and perform all of its duties and
obligations hereunder, including without limitation the obligation to pay Annual Usage
Charges for its Attachments. Termination by Licensee during a Contract Year shall not
relieve Licensee from payment for the full Annual Usage Charge for that Contract Year or
any other sums that it owes CITY.
13.6 Survival Licensee's obligations under this Article 13 shall survive
termination of this Agreement.
ARTICLE 14
ASSIGNMENTS
14.1 Written Consent Required The rights granted by this License Agreement
inure to the benefit of Licensee and shall not be assigned, transferred, sold or disposed of,
in whole or in part, by voluntary sale, merger, consolidation or otherwise by force or
involuntary sale, without the expressed prior written consent of the CITY, which consent
shall not be unreasonable withheld, delayed or conditioned.
14.2 Transfer of License Agreement Notwithstanding the prov1s1ons of
Section 14.1, a transfer of this License Agreement may occur without CITY approval in
the following circumstance: (i) an assignment or transfer to entities that control, are
controlled by, or are under common control with Licensee, or (ii) the acquisition of all or
substantially all of Licensee's assets in the College Station, Texas market by reason of a
merger, acquisition or other business reorganization. In order to effect an assignment of
this License Agreement as listed in (i) and (ii) above without CITY approval, the Licensee
must provide the CITY a Notice of Assumption at least thirty (30) days prior to the
assignment which contractually binds the purchasing or acquiring party to meet all the
obligations of this License Agreement.
14.3 Leased Network Capacitv CITY acknowledges that Licensee's business
plan may include leasing the capacity of its Network Facilities to Third Parties, often by
long-term conveyances that extend for the entire useful life of the Network Facilities. Such
long-term leases are agreed to be within the scope of Licensee's intended use and shall not
be deemed assignments requiring CITY' s consent, provided that Licensee has delegated
none of its obligations under this License Agreement to the lessee of the Network Facilities,
and CITY may continue to look solely to Licensee for performance hereunder.
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlb/a Sudden/ink Communications
14.4 Institutional Mortgagee or Lenders Licensee may also assign this License
Agreement, without CITY's consent and without prior notice to CITY, to an institutional
mortgagee or lender providing financing to Licensee with respect to Licensee's
Attachments, DAS Network or Network Facilities in the event such institutional mortgagee
or lender exercises its foreclosure right against Licensee and operates the Attachments,
DAS Network or Network Facilities; provided such institutional mortgagee or lender is
capable of assuming all of the obligations of the Licensee under this License Agreement
and further provided that any assignment will not be effective against CITY unless and
until written notice of such assignment and exercise of rights is provided to CITY.
14.5 Assignment by CITY CITY may assign this Agreement in whole or in
part without the consent of Licensee. CITY shall give Licensee written notice of the
transaction within ten days after closing.
ARTICLE 15
SURETY
15.1 Bond or Security Within 45 days of the Effective Date of this Agreement,
Licensee shall provide a Bond or other financial security satisfactory in form and content
in the amount of $4,000 for each 100 Poles for which Application is made to guarantee
Licensee's obligations under this Agreement, including, but not limited to, the faithful
payment of all of Licensee's obligations for rentals, fees, inspections, contracts, subcontracts,
work, labor, equipment, supplies, materials, and the removal of Licensee's Attachments upon
termination of this Agreement, or for any expense that may be incurred by CITY because of
any default of Licensee. Licensee agrees to maintain the bond or other financial security in
full force and effect during the entire term of this Agreement and until CITY is reimbursed
for all Costs incurred as a result of removing Licensee's Attachments upon termination of this
Agreement. The bond or other security shall be issued by a solvent company authorized to
do business in the State of Texas, and shall meet any other requirements established by law
or reasonably established by the CITY pursuant to applicable law. The amount of the bond
or financial security does not operate as a limitation upon obligations of the Licensee under
this Agreement.
ARTICLE16
LIABILITY AND INDEMNITY
16.1 CITY Liability CITY reserves to itself the right to maintain and operate
its Poles in such manner as will best enable it to fulfill its own service requirements. CITY
shall not be liable for any damages incurred by Licensee for damage or interruption to its
Attachments except for actual repair costs caused by the gross negligence or intentional
misconduct of CITY; provided, however, that CITY shall not be liable to Licensee for
material or financial loss resulting from any interruption of Licensee's service or for
interference with the operation of Licensee's Attachments. NEITHER PARTY SHALL
BE LIABLE TO THE OTHER PARTY, ANY THIRD PARTY, OR ANY CUSTOMER
OF THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE USE OF OR
DAMAGE TO, LICENSEE'S FACILITIES, OR THIS AGREEMENT.
16.2 No Warranties by CITY Licensee is expected to inspect the Poles on
which its Attachments will be placed and shall rely solely on such inspection to determine
the suitability of the Poles for its purposes. CITY DOES NOT MAKE, AND HEREBY
EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES
CONCERNING ANY POLE, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. LICENSEE ACCEPTS THE USE OF ALL POLES AS IS-WHERE IS, AND
WITH ALL FAULTS, EXCEPT AS OTHERWISE PROVIDED HEREIN.
16.3 Unsafe Poles Licensee acknowledges and agrees CITY does not warrant
the condition or safety of CITY' s Poles, or the premises surrounding the Poles, and
LICENSEE HEREBY ASSUMES ALL RISKS OF, AND INDEMNIFIES CITY FROM,
ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY
LICENSEE'S, OR LICENSEE'S CONTRACTORS' OR SUBCONTRACTORS' USE
OF THE POLES AND ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN,
OR SURROUNDING THE POLES. Licensee expressly agrees it will undertake
responsibility for inspecting and evaluating the condition of any Pole before allowing any
employees, whether those of Licensee or Licensee's Contractors or Subcontractors, to
climb or otherwise work on such Pole. If Licensee discovers any Poles that are rotten or
otherwise unsafe for climbing or for Attachment installation, Licensee shall report any
unsafe condition to CITY immediately. Licensee further acknowledges CITY does not
warrant all poles are properly labeled, and agrees CITY is not liable for any injuries or
damages caused by or in connection with missing labels or otherwise improperly labeled
poles. Licensee further agrees to notify CITY immediately if labels or tags are missing or
otherwise improper.
16.4 Dangerous Nature of the Work Licensee acknowledges in performing the
work contemplated by this Agreement, Licensee and its agents, servants, employees,
Contractors and Subcontractors will work near electrically energized lines, transformers,
and other electrical equipment, and it is the intention the power flowing through such
facilities will not be interrupted except by CITY. Licensee shall ensure its employees,
servants, agents, Contractors and Subcontractors have the necessary qualifications, skill,
knowledge, training, and experience to protect themselves, their fellow employees,
employees of CITY, and the general public, from harm or injury while performing work
permitted by this Agreement. In addition, Licensee shall furnish its employees, and shall
require its agents, Contractors and Subcontractors to furnish their employees, with
competent supervision and sufficient and adequate personal protective equipment, tools
and other equipment for their work to be performed in a safe manner. Licensee further
warrants it is apprised of, conscious of, and understands the imminent dangers
(INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION
OR FALLS) inherent in the work necessary to make installations on CITY's Poles by
Licensee's employees, servants, agents, Contractors and Subcontractors, and accepts as its
duty and sole responsibility to notify and inform Licensee's employees, and to require its
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlb/a Sudden link Communications
agents, Contractors and Subcontractors to inform their employees of such dangers and to
keep them informed regarding same.
16.5 Disclaimer of Liability CITY shall not at anytime be required to pay from
its own funds for injury or damage occurring to any person or property from any cause
whatsoever arising out of Licensee's construction, reconstruction, maintenance, repair, use,
operation, condition or dismantling of Licensee's system or Licensee's provision of service.
16.6 Indemnification Licensee shall, at its sole cost and expense, fully
indemnify, defend and hold harmless CITY, its officers, employees, volunteers,
agents, contractors, and subcontractors, (CITY and such other persons and entities
being collectively referred to herein as "Indemnitees"), from and against:
16.6.1 Any and all liabilities, obligations, damages, penalties, claims, liens,
costs, charges, losses and expenses (including, without limitation,
reasonable fees and expenses of attorneys, expert witnesses and
consultants), which may be imposed upon, incurred by or be
asserted against the Indemnitees by reason of any act or omission
of Licensee, its personnel, employees, agents, contractors,
subcontractors or Affiliates, resulting in economic harm, personal
injury, bodily injury, sickness, disease or death to any person or
damage to, loss of or destruction of tangible or intangible property,
libel, slander, invasion of privacy and unauthorized use of any
trademark, trade name, copyright, patent, service mark or any
other right of any person, firm or corporation, which may arise out
of or be in any way connected with the construction, reconstruction,
installation, operation, maintenance or condition of Licensee's
Facilities or other property of Licensee or its Affiliates and any
other facilities authorized by or Permitted under this Agreement
(including those arising from any matter contained in or resulting
from the transmission of programming over the Communications
Facilities, but excluding any programming provided by the
Indemnitees' Communications Services or other services
authorized by or Permitted under this Agreement); the release of
hazardous substances, or; the failure to comply with any Federal,
State or local statute, law, code, ordinance or regulation.
16.6.2 Any and all liabilities, obligations, damages, penalties, claims, liens,
costs, charges, losses and expenses (including, without limitation,
reasonable fees and expenses of attorneys, expert witnesses and
other consultants), which are imposed upon, incurred by or
asserted against the Indemnitees by reason of any claim or lien
arising out of work, labor, materials or supplies provided or
supplied to Licensee, its contractors or subcontractors, for the
installation, construction, reconstruction, operation or
maintenance of Licensee's Facilities (and any other facilities
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlb/a Sudden link Communications
authorized by or Permitted under this Agreement or provision of
Communications Services or other services authorized by or
Permitted under this Agreement), and, upon the written request of
CITY, Licensee shall cause such claim or lien covering CITY's
property to be discharged or bonded within thirty (30) days
following such request.
16.6.3 Any and all liabilities, obligations, damages, penalties, claims, liens,
costs, charges, losses and expenses (including, without limitation,
reasonable fees and expenses of attorneys, expert witnesses and
consultants), which may be imposed upon, incurred by or be
asserted against the Indemnitees by reason of any financing or
securities offering by Licensee or its Affiliates for violations of the
common law or any laws, statutes, or regulations of the State of
Texas or the United States, including those of the Federal Securities
and Exchange Commission, whether by Licensee or otherwise.
16.6.4 Licensee's obligations to indemnify Indemnitees under this
Agreement shall not extend to claims, losses, and other matters
covered hereunder that are caused or contributed to by the
negligence of one or more indemnitees. In such case the obligation
to indemnify shall be reduced in proportion to the negligence of the
Indemnitees. By entering into this Agreement, CITY does not
consent to suit, waive its governmental immunity or the limitations
as to damages contained in the Texas Tort Claims Act.
16.6.5 This Section 16.6 Survives the termination of this License
Agreement.
16. 7 Assumption of Risk Licensee undertakes and assumes for its officers, agents,
contractors and subcontractors and employees (collectively "Licensee" for the purpose of
this Section), all risk of dangerous conditions, if any, on or about any CITY-owned or
controlled property, the streets and public ways, and Licensee hereby agrees to indemnify
and hold harmless the Indemnitees against and from any claim asserted or liability imposed
upon the Indemnitees for personal injury or property damage to any person (other than
from Indemnitees' gross negligence) arising out of Licensee's installation, operation,
maintenance or condition of the Communication Facilities or other facilities or Licensee's
failure to comply with any Federal, State or local statute, law, code, ordinance or
regulation.
16.8 Defense of Indemnitees In the event any action or proceeding shall be
brought against the Indemnitees by reason of any matter for which the Indemnitees are
indemnified hereunder, Licensee shall, upon notice from any of the Indemnitees, at
Licensee's sole cost and expense, resist and defend the same with legal counsel selected by
Licensee and consented to by CITY, such consent not to be unreasonably withheld;
provided, however, that Licensee shall not admit liability in any such matter on behalf of
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., d/b/a Sudden link Communications
the Indemnitees without their written consent and provided further that Indemnitees shall
not admit liability for, nor enter into any compromise or settlement of, any claim for which
they are indemnified hereunder, without the prior written consent of Licensee.
16.9 Notice, Cooperation and Expenses The Indemnitees shall give Licensee
prompt notice of the making of any claim or the commencement of any action, suit or other
proceeding covered by the provisions of this Article 16. Nothing herein shall be deemed
to prevent the Indemnitees at their own expense from cooperating with Licensee and
participating in the defense of any litigation by their own counsel.
16.10 Other Indemnification Provisions No indemnification prov1s10n
contained in this Article shall be construed in any way to limit any other indemnification
provision contained in this Agreement.
16.11 Survival This Article 16 shall survive the termination of this License
Agreement.
ARTICLE 17
INSURANCE
17 .1 Insurance Required During the term of this Agreement, and at all times
thereafter when LICENSEE is occupying or using the licensed areas in any way,
LICENSEE shall at all times carry insurance issued by companies duly licensed and
authorized to provide insurance in the State of Texas rated at least A VIII under the A. M.
Best rating system, and approved by CITY (which approval shall not be unreasonably
withheld) to protect LICENSEE and the CITY from and against any and all claims,
demands, actions, judgments, costs, expenses, or liabilities of every kind that may arise,
directly or indirectly, from or by reason of losses, injuries, or damages described in this
Agreement. The CITY reserves the right to review the insurance requirements and to
reasonably adjust insurance and limits when the CITY determines that changes in statutory
law, court decisions, or the claims history of the industry or the LICENSEE require
adjustment of the coverage.
17.2 Minimum Coverages At a minimum, Licensee shall carry and maintain
the following policies and shall furnish the CITY Risk Manager Certificates of Insurance
on the most current State of Texas Department of Insurance-approved certificate form as
evidence thereof.
A. Commercial General Liability coverage with minimum limits of
liability of $2,000,000 per occurrence and $2,000,000 aggregate. The policy shall
contain no exclusions without specific reference to same, and shall include
coverage for products and completed operations liability; independent contractor's
liability; personal & advertising injury liability; and coverage for property damage
from perils of explosion, collapse or damage to underground utilities, commonly
known as XCU coverage.
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlb/a Sudden/ink Communications
B. Workers' Compensation coverage with statutory limits ofliability as
set forth in the Texas Workers' Compensation Act and Employer's Liability
coverage, or its equivalent, of not less than $1,000,000 per accident, $1,000,000 per
disease and $1,000,000 per disease per employee;
C. Business Automobile Liability Insurance for any vehicles, owned
vehicles, non-owned vehicles, scheduled vehicles and hired vehicles with a
minimum combined single limit of liability of $2, 000, 000.
D. Pollution liability insurance which provides coverage for sudden
and accidental environmental contamination·with minimum limits of liability of
$5,000,000.
E. Umbrella or Excess Liability insurance with minimum limits of
$5,000,000 combined single limit per occurrence, and $5,000,000 aggregate.
17 .3 CITY as Additional Insured All policies, except for Workers'
Compensation policies, or its equivalent, shall list the CITY and all associated, affiliated,
allied and subsidiary entities of CITY, now existing or hereafter created, and their
respective officers, employees, volunteers, agents, and contractors, as their respective
interests may appear, as Additional Insureds (CITY and such other persons and entities
being collectively referred to herein as "Additional Insureds") and shall include cross-
liability coverage. Should any of the policies be canceled before the expiration date
thereof, written notice shall be given to the City's Risk Manager in accordance with the
policy provisions. The "other insurance" clause shall not apply to the CITY; it being the
intention of the parties that the above policies covering Licensee and the Additional
Insureds shall be considered primary coverage. Each policy shall contain a waiver of all
rights of recovery or subrogation against CITY, its officers, agents, employees, volunteers
and elected officials.
17.4 Occurrence Basis Policies All insurance policies other than those for
workers' compensation must be occurrence-based. Claims-made policies will not be
accepted.
17.5 Combining Policy Amounts The coverage amounts set forth in this
section may be met by a combination of underlying (primary) and umbrella policies so
long as in combination the limits equal or exceed those stated and the umbrella policy
follows the form, or its terms and conditions are at least as broad as those of the primary
policies.
17.6 Insurance Primary All policies of the Licensee shall be primary, and any
policy of insurance or self-insurance purchased or held by the CITY now or in the future
shall be non-contributory. The term "policy of insurance" as applied to the Additional
Insureds shall include any self-insurance program, self-insured retention or deductible, or
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlbla Sudden/ink Communications
risk pool program or an indemnification, defense, or similar program purchased or
maintained by CITY and Additional Insureds.
17. 7 Contractors Licensee shall be fully liable for any Contractor or
Subcontractor retained by Licensee to perform work or services for Licensee under this
Agreement, as a condition of being granted access to Poles and City property.
17.8 No Right of Recovery Against City This Article creates no right of
recovery of an insurer against the CITY. The required insurance policies shall protect the
LICENSEE and the CITY. The insurance shall be primary coverage for losses covered by
the policies.
ARTICLE 18
MISCELLANEOUS PROVISIONS
18.1 Integration This Agreement constitutes the entire understanding of the
parties relating to the use of Utility Poles hereunder; and there shall be no modification or
waiver hereof except by writing, signed by the party asserted to be bound thereby. There
are no oral representations or agreements between the parties. All previous agreements,
correspondence, statements, and negotiations are superseded by this Agreement.
18.2 No Waiver The failure of either party to enforce or insist upon compliance
with any of the terms or conditions of this Agreement shall not constitute a general waiver
or relinquishment of any such terms or conditions, but the same shall be and remain at all
times in duly force and effect.
18.3 Applicable Law The parties hereto agree and intend that all disputes that
may arise from, out of, under or respecting the terms and conditions of this Agreement, or
concerning the rights or obligations of the parties hereunder, or respecting any performance
or failure of performance by either party hereunder, shall be governed by the laws of the
State of Texas, without application of its Conflict of Laws provisions. The parties further
agree and intend that venue shall be proper and shall lie exclusively in state or federal court
with jurisdiction in Brazos County, Texas, except where otherwise provided herein and
except where the Texas Public Utilities Commission lawfully has jurisdiction.
18.4 Severability If any term, covenant, or condition of this Agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the terms, covenants and provisions of this Agreement shall remain in full force and effect.
18.5 Payments & Interest All monetary payments under this Agreement shall
be due and payable within 45 days after receipt of invoice. All overdue balances shall
accrue interest at the rate of 1 % per month from the due date until paid, or the maximum
rate allowed by law, whichever is less.
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Pole Attachment License Agreement: Ce bridge Acquisition, L.P., d/b/a Sudden link Communications
18.6 Amending Agreement Notwithstanding other provlSlons of this
Agreement, the terms and conditions of this Agreement shall not be amended, changed, or
altered except in writing signed by authorized representatives of both Parties.
18.7 Dispute Resolution This procedure shall govern any dispute resolution
process between CITY and Licensee arising from or related to the subject matter of this
Agreement that is not resolved by agreement between their respective personnel responsible
for day-to-day administration and performance of this Agreement. Upon mutual agreement
of the Parties, prior to the filing of any suit with respect to such a dispute, other than a suit
seeking injunctive relief with respect to intellectual property rights, the Party believing itself
aggrieved ("the Invoking Party") will call for progressive management involvement in the
dispute negotiation by giving written notice to the other Party. Such a notice will be without
prejudice to the Invoking Party's right to any other remedy permitted by this Agreement.
CITY and Licensee will use their best efforts to arrange personal meetings and telephone
conferences as needed, at mutually convenient times and places, between their negotiators. If
a resolution is not achieved by negotiators at the final management level within allotted
reasonable amount of time, then either Party may within ten (10) business days thereafter
request non-binding mediation to resolve the dispute. The mediation shall take place in a
location mutually agreed to by the Parties. The allotted period for completion of the mediation
shall be thirty (30) calendar days. Notwithstanding the foregoing, either Party may file an
action in a court of competent jurisdiction within the State of Texas to resolve the dispute at
any time unless otherwise agreed.
18.8 Receivership, Foreclosure, or Bankruptcy Licensee shall notify CITY
not later than thirty (30) days of the filing of a receivership, reorganization, bankruptcy or
other such action or proceeding by or against Licensee. The rights granted to Licensee
hereunder, at the option of CITY shall cease and terminate one hundred twenty (120) days
after the appointment of a receiver or receivers, or trustee or trustees, to take over and
conduct the business of Licensee whether in a receivership, reorganization, bankruptcy or
other action or proceeding unless such receivership or trusteeship shall have been vacated
prior to the expiration of said one hundred twenty (120) days, or unless:
18.8.1 to the extent permitted by law, within one hundred twenty (120) days after
their election or appointment, such receivers or trustees shall have complied
fully with all the terms and provisions of this Agreement granted pursuant
hereto, and the receivers or trustees within said one hundred twenty (120)
days shall have remedied all defaults under the Agreement, if any; and
18.8.2 to the extent permitted by law, within said one hundred twenty (120) days,
such receivers or trustees shall execute an agreement duly approved by
CITY having jurisdiction in the premises, whereby such receivers or
trustees assume and agree to be bound by each and every term, provision
and limitation of this Agreement.
18.8.3 In the case of foreclosure or other judicial sale of the plant, property and
equipment of Licensee, or any part thereof, including or excluding this
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Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden link Communications
Agreement, CITY may serve notice of termination upon Licensee and the
successful bidder at such sale, in which event the Agreement herein granted
and all rights and privileges of the Agreement hereunder shall cease and
terminate thirty (30) days after service of such notice, unless:
18.8.4 CITY shall have approved the transfer of this Agreement, as and in the
manner in this Agreement provided; and
18.8.5 Unless such successful bidder shall have agreed with CITY to assume and
be bound by all the terms and conditions to this Agreement.
18.9 Incorporation of Recitals and Appendices The Recitals stated above and
all appendices, attachments, and exhibits to this Agreement are incorporated into and
constitute part of this Agreement.
18.10 Contractors and Agents Bound Licensee shall be fully liable for any
contractor or subcontractor retained by Licensee to perform work or services for Licensee
under this Agreement, as a condition of being granted access to Poles and City property.
18.11 No Third Party Beneficiaries The terms and provisions of this Agreement
are intended to be for the benefit of CITY and Licensee except as otherwise provided in
this Agreement, and nothing in this Agreement, express or implied, is intended to confer
upon any person or entity, other than the parties to this Agreement, any benefits, rights or
remedies under or by reason of this Agreement.
18.12 Emergency Contact Each Party shall maintain a staffed 24-hour
emergency telephone number where a Party can contact the other Party to report damage
to the other Party's Facilities or other situations requiring immediate communications
between the Parties. Failure to maintain an emergency contact shall subject the Licensee
to a charge equal to the actual costs incurred by CITY per incident and shall eliminate
CITY' s liability to Licensee for any actions that CITY deems reasonably necessary given
the specific circumstances.
18.13 Notices When notice is required to be given under this Agreement by either
party, it shall be in writing mailed or delivered to the other party at the following address
or to such other address as either party may from time to time designate in writing for that
purpose. All notices shall be effective upon receipt.
37
Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
City of College Station
Attn: Director of Electric Utilities
P.O. Box 9960
1601 Graham Rd.
College Station, TX 77842
Phone (979) 764-3439
With a copy to:
City of College Station
Attn: City Attorney
P.O. Box 9960
College Station, TX 77842
Licensee
Suddenlink: Communications
Attn: Thomas Way
4114 East 29th Street
Bryan, TX 77802
(979) 595-2410
With a copy to:
Suddenlink: Communications
Attn: Legal Department
520 Maryville Center Drive Suite 300
St. Louis, MO 63141
[Remainder of page intentionally left blank, signature page to follow]
38
Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden/ink Communications
IN WITNESS WHEREOF, the undersigned have executed this Agreement at
College Station, Brazos County, Texas through their duly authorized representatives.
AGREED:
CEBRIDGE ACQUISITION, L.P.,
d/b/a Suddenlink Commun. ations
39
CITY OF COLLEGE STATION
By: ___________ _
City Manager
Date: · _______ _
APPROVED:
Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlb/a Sudden/ink Communications
LIST OF EXHIBITS
Exhibit A -Pole Attachment Charges
Exhibit B-Construction Guidelines (Pole Attachment Specifications)
Exhibit C -Licensee's Certificates of Insurance
40
Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlbla Sudden/ink Communications
EXHIBIT A
POLE ATTACHMENT CHARGES
In order to ensure prompt processing of applications, Licensee must submit all required information with each
application in accordance with terms and conditions of the Infrastructure Usage Agreement and applicable
departmental procedures. Licensee will be subject to the following rates for billable services. Rates may be
adjusted by City of College Station (COCS) once per year for the term of the contract.
RATES FOR BILLABLE SERVICES
TYPE OF FEE IBASE RATE I OVERTIME 'HOLIDAY 'ADDITIONAL INFORMATION
CHARGE CHARGE
Filing Fee $30/pole N/A N/A Filing fees are charged for each
application. The scope of an
application shall not exceed 200
looles.
Make Ready Actual costs of COCS and Actual costs of Actual costs of COCS may provide labor and
Assessment/Report subcontractors include G&A COCS and sub-COCS and sub-hire such subcontractors as
and OH contractors contractors necessary to complete make
include G&A and Include G&A and ready assessments and
OH, and overtime OH, and overtime reports.
premium premium
COCS Support $35.00-$66.00/HR $58.90-$70.45-The charge for COCS personnel Is
Personnel and $168.30/HR $201.30/HR the billable hourly rate, with
Engineers premiums for over-time and
Paper Maps of Pole $8.00 Each Maps are a maximum size of 24"
Locations by 36" and will show the landbase
and pole locations only.
Transfer Fee Direct Costs + overhead & Direct Costs + Direct Costs +
general/administrative overhead & overhead &
costs; $100 minimum charge general/ general/
for each category administrative administrative
costs; $100 costs; $100
minimum charge minimum charge
for each category for each category
Pole Change Out Fee Direct Costs + overhead & Direct Costs + Direct Costs +
general/administrative overhead & overhead &
costs; $100 minimum charge general/ general/
for each category administrative administrative
costs; $100 costs; $100
minimum charge minimum charge
for each category for each category
Construction Direct Costs + overhead & Direct Costs + Direct Costs +
Assistance general/administrative overhead & overhead &
Fee costs; $100 minimum charge general/ general/
for each category administrative administrative
costs; $100 costs; $100
minimum charge minimum charge
for each category for each category
Pole Loading Analysis $75-$225 per pole N/A N/A
Fee
Unauthorized 5 times the current annual N/A N/A
Attachment Fee pole attachment fee
Mileage associated Mileage will be billed at the
with COCS personnel current Internal Revenue
support Service allowable rate
In the event of conflict between this Exhibit and the then-current City Ordinance regulating Attachment Fees,
the City Ordinance Controls.
41
Pole Attachment License Agreement: Cebridge Acquisition, L.P., dlbla Sudden link Communications
EXHIBITB
CONSTRUCTION GUIDELINES
(Pole Attachment Specifications)
42
Pole Attachment License Agreement: Ce bridge Acquisition, L.P., dlb/a Sudden/ink Communications
NO COMMUNICATIONS POWER
SUPPLY SIW.L BE MOUNTED ON
POUS EXCEPT BY PERMISSION OF
UTILITY.
UCENSEE's ATTACHMENTS ON
UTIUlY POLES. INCLUDING tlETAL
ATTACHMENT Cl.AMPS AND BOLTS,
METAL CROSS ARM SUPPORTS,
BOLTS AND OTHER EQUIPMENTS.
MUST BE ATTACHED SO AS TO
MAINTAIN THE MINIMUM
SEPARATION$ SPfCIFIEO IN THE
NESC AND IN THESE DRAWINGS
AND SPECfFICATIONS..
NOTE 1;
f. REFER TO THE Alli\CHEO UTIUTY CONSTRUCTION
STANDARDS, OR OBTAIN THE APPllCAel.E CONSTRUCllON
STANDARDS FROM UTIUTY IN ACCORDANCE WITH THE AFFECTED
UTIIJTY'S REQUIREMENTS.
2. APPLY THE UTILITY CONSTRUCTION STMIDARDS IN
COORDINATION OF THE APPUrABLE NESC, NEC OR STATE
STATUE CODE'. REQUIRMENTS.
3. SEE DRAWING A-Q2 FOR ADDITIONAL NCJTES.
College Station Utilities
College Station Utilities
Pole Attachment Specification
Page-01
Approved June 2014
NTS A O:V15/2013
POLE ATTACHMENTS
OVERHEAD MINIMUM CLEARANCES
PAGE 01 A-01
NQJE J;
1. SEPARATION BETWEEN VERTICAL RUNS Niil Nff METAL
PARTS OR THRCXJGH 80L1S or POWER OR COMMUNICATION
EQUIPMENT SHH.L BE AT LEAST X' IN Nff DIRECTION. BOllS
Sl-W.L HAVE LESS THAN 2'" £XPOSED THREAD.
2. NO COMMUNICAllOH EQUIPMENT StW.L BE
MOUNTED ON POLES EXCEPT BY' PERMISSK'JN OF UTILITY.
3. THE AB<NE. OD.RANCES MAY HAVE TO BE I~ TO
ALLOW FOR CODE CLDIRANCE AEQUIR£MENT IN MID SPAN.
4. LICENSEE'S ATTAGHME.NTS ON UTILITY POLES.,, INCLUDING
METAL ATTACHMENTS Ct.AMPS AND BOLlS.. METAL CROSS ARM
SUPPORTS, BOLTS AND OTHER EQUIPMENT, MUST BE ATTACHED
SO AS TO MAINTAIN THE MINIMUM SEPARATIONS SPECIFIED
IN THE NESC ANO IN THESE DRAWINGS AND SPECIFICATIONS.
College Station Utilities
I
1111'9111.
j
r
College Station Utilities
Pole Attachment Specification
Page-02
Approved June 2014
NTS A 03/15/2013
POLE ATIACHMENTS
OVERHEAD MINIMUM CLEARANCES
PAGE 02 A-02
NO COMMUNIC'ATIOM EQUIPMENT
SHAl..l BE MOUNTED ON
POLES EXCEPT BY PERMISSION OF
UTILITY.
LICENSEE'S ATTACHMENTS ON
UTILITY POLES, INClUOING METl\l
ATTACHMENT CLAMPS AND BOLTS,
ME.TAl CROSS ARM SUPPORTS.
BOllS AND OTI-IER EQUIPMENTs.
MUST BE'. ATTACHED SO AS TO
MAINTAIN THE MINIMUM
SEP.aRATIONS SPECIFIED IN THE
NESC AND IN THESE DRAWINGS
AND SPEOFICATIONS.
NOTE t:
1. LICENSEE S1W.L BONO TO UTILllY POLE GROUND WHEREVER UTILllY HAS A DOWN GROUND
ON THE POLE. IF THE GROUND IS UNDER THE METAL U-GUAAO. CONTACT UTILITY TO MAKE
11-IE GROUND CONNECflON.
2. IF NO POLE GROUND EXISTS INSTALL A POLE DOWN GROUND ON 1HE POI.£.
PROIECI THE POLE GROUND WITH A GROUND WIRE MOULDING. TOP OF GROUND
R00 SHALL BE AT LEAST 69 BELOW GRADE..
3. BOUND WIRE SHALL BE f6 BARE COPPER OR LARGER. IF BONO WIRE IS UNSUPPORTED
MORE TtWI 12" LONG. STAPLE TO POLE.
4. WHEN COMMUNICATION'S ARE UNDERGROUND. THE POWER IS OVER!-100 AND
IT IS REQUIRED THAT THE COMMUNICATIOOS GROUND BE INTERCONN£CTID TO THE POWER
SUPPlY GROUND, THE CONNECTION SHALL BE MADE BELOW GRADE.
5. IN NO CASE: SHl\Ll UNCENSEE GROUND BE CONNECTED ro GUYS/AKCHORS.
6. rF A NEUTRAL ISOl..ATION DEVICE IS IKSTALLID ON THIS POLE THE ATTACHER MUST
CONTACT UTIIJTY FOR SPECIAL GROUNDING IKSTRUCTIONS.
1. UC£N.SEE"S MESSENGER CAl3lE SHALL BE BONDED TO UTIUTY"S POI..£
GROUND WIRE AT EACH POLE THAT HAS A GROUND WIRE.
111'
College Station Utilities
Pole Attachment Specification
Page-03
College Station Utilities Approved June 2014
NTS A 03/15/2013
POLE ATTACHMENTS
GROUNDING CONNECTIONS
PAGE 03 A-03
NO COMMUNICATIONS POWER
SUPPLY SHALL BE MOUNTED ON
POI.ES EXCEPT BY PERM15SaON OF
UTIIJTY.
LICENSEE'S ATTACHMENTS ON
UTILITY POLES. INCLUDING METAL
ATTACHMENT Cl.AMF>S AMO BOLTS.
METAL CROSS ARM SUPPORTS,
BOLTS AND OTHER EQUIPMENTS,.
MUST Bt AlTM::HED SO AS lO
MAINTAIN THE MINIMUM
SEPARATIONS SPECIFIED IN THE
NE.SC AMO IN THESE DRAWINGS
AND SPECtFlCATlONS.
NOIE 1:
1. THIS INSTAl.LATION SHALL COMPLY WITH ALL APPUCABl..E ELECTRICAL
CODES AND STATE. CllY, VIL.l..AGE. TOWN, AND UTIUT'f REQUIREMENTS.
2. SERiJK:£ OORANC£ CONDUCTORS SHALL EXTEND 30'" BEYOND
WEAlHERHE:AD AND HAVE 600 VOLT RATED IN5Ul.A110N.
3. COMMUNICATION POWER SUPPLY CABLE.
4. COMMUNICATION POWER SUPPLY.
5. s• MAXIMUM BETWEEN SER\llCE ENTR.6m':E CONDUIT AND
COMMUNICATIONS CJ\Bl.E, IF POSSIBI.£
6. GROUNDING SHALL BE IN ACCOROANCE WITH NATIOHANL El..ECTRIC
CODE AR11ClE 250. TOP OF ROD TO BE 6"' BELOW GRADE.
7. LOCAllON OF AU. LK:ENSEE EQUIPMENT IS TO BE APPROVED BY
UTILITY AND SHALL BE RELOCATED BY LICENSEE IF' INCORRECT.
8. POOOF" OF COMPtW4CE'. SHALL BE ~TEl.Y CERTIFIED.
INSfAl.L DISCONNECT AHO OVERCURRENT PROTECTlON WITH METER.
11. ALL RJSERS ON f'Ol..ES WILL SE PLACED IN RiGIO STEEL OR
ALUMINUM METALLIC CONOOIT ON THE QUARTER FACES OF THE POLE.
1 O. THIS SERVICE DETAIL APPLIES TO AU. COMMERICAL USERS
R£QUI~ POWER F'OR POLE MOUNTED DEVICES.
12"11111.
College Station Utilities
NTS
College Station Utilities
Pole Attachment Specification
Page-04
Approved June 2014
A 03/15/2013
POLE ATTACHMENTS
POWER SERVlGE
PAGE 04 A-05
Supply and Communication Clearances
at Midspan
CroSlsing TxOOT maintained Interstates,
~ arid US hklhwa"1i. attd FM roads.
Cro9slng noo-T.ICOOT h~. streets,
cmrny mads <lr other public mads,
Comneroial, residential, and apartroont
driveways; P<li'IOOa lols; alleys; and olher
areas subled to truck traffic fnaf.e 2t
Service drops aver residentia mveways
oot SIJ)ject to truck fmffic.
$paces Md ways subjt'ld to padesfrians
or resbioted tramc cny (note 3).
Wllhil Righls-tJf..Way bl.rt rd 0ll'elhar9ng
highways, sir.ts, or alleys.
Within Rlghts-of-Way but not overhanging
highways, streel$. or alleya where It Is
unikefy !hat Wlhides wi11 be tnJSS8\g under lines.
RR lmcks (some RR..s requk'e greater
deamnoos}.
4~
4•
18'
ooteD
15' 6"
15' a·
oote5
11' 6"
9'6"
15· 6"
13' 6"
oote4
nole7
23' 6"
22'
ootaD
22'
tKlte 9
16 6"
NA
12' 6"
16' 6"
14' 6"
24' 6"
College Station Utilities
NTS
30
22' 22' 22' 22'
ooteD noie9 rde9 rde9
22' 22' 22' 22'
nole9 notee note9 note9
16' 16'6" 15' 6" 18' 6"
oote5 oote5
12' NA NA NA
12' 12' 8" 9' 6" 14' 6"
16' 16' 6" 15' 6" 18' 6"
14' 14' 6" 13' 6" 16' 6"
oote4 oote4
24' 24' 6" 23' 6" '26' 6"
College Station Utilities
Pole Attachment Specification
Page-05
Approved June 2014
06/24/2014
POLE ATTACHMENTS
Supply md Communication Clearances at Midspu
Notes:
1. General
a. Verliad clearauces shall be mainrained under the following conductor te.mpmrture and
tooding toodiliooo, whichever produces 1he largest rmat sag:
1. .120" F. no wind.
2. The mnxinrum coru.luciur temper.ttm"e fur which t1te line is designed tu oper.rtt;
if greater than 12'.Jt' F, no wind.
3. 32" F. no wind with 'h" :radial thickness of ice.
b. C'rroa:Icr deamnccs lhan shown idtatl be provided where requtn.--d by l<>L-al coda. Rttd
onfomnccs or cnm.-.ing pctmits :fa.-rucd by other companies or govtmliitftbil ngcru::k:s.
2. Trucks are defined as any vehicle exceeding 8 feet in height. Areas not subject to truck traffic are
areas where truCk u'affic :is not :normally encountered nocreasonahly anticipated
3. Spaces rutd ways subject to 1le<lestriaos or restricted tnlllfo only are those areas where riders on
horseback or crthcr large rurimalR,. vcltfot~ or 01hcr mobile unit.ri exceeding 8 leer in height arc
pooh:lbitcd by rcgi.datk:m or pctifUtOt'i:it tctmio eottfigur-.mons or am otbCiW1oo not nommUy
encountered mu· rellS<.uutbly anticipated.
4. Where a supply or communication line along a road is locared relative to fences. ditches.
embanktnents, etc., so that the ground under the line would not be expected tu be tmvcled except
by pedestrians. this cleanmoo may be reduced to the following values:
a. Jmmfa.ted coommnicntion t"(Btductor and conmirutk.'Utioo cables
b. ('.allied impply conductors 0-150 V to ground
c. Insulated supply conductors 0-300 V to groond
d. Grounded guys
e. Neutral supply conductoc
9.Sft.
10.0ft.
12.Sft.
9.Sft.
9.Sft.
5. Where this coniaructioo crns.<:CS over m runs afong driveways. parking lots m alleys not subject to
tmck tnrt&, tld.<; clcnnu1cc may be redut"Cd h.) 1 S fu..-t.
6. When designing a line to occommodate oversized vehicles. these clearance values shall be
increased by the difference between the known height of the ovemized vehicle and 14 :fuet.
7. This clearance mny be rednred. m 13 foot for insulated oonmmtricarioo conductors and
oommunicaHoo guys.
8. **See COCS drawing #7 for clearance between supply and communication service dt-ops.
9. The clearance requirement for wires, coildncio:rs., or cables crossing over foterstates highways.
streets, county or other public roads 11ave been modified from those defined by the NESC in otdec
to comply with the requirements defined by the Admirustmtivc Authority.
College Station Utilities
Pole Attachment Specification
Page-06
Approved June 2014
NTS 06/24/2014
POLE ATTACHMENTS
Supply & Communication Clearances at Midspan
PAGE 06
Supply and Communication
Clearances
E12" l\llnimum between the oomn'ltll1klation
seMte drops arid any l':l'll'lduci.ot of the
supply at the service entrance.
r:::::::::.::·-·---..... . ·------... :::::::::::~:::::.~
t
College Station Utilities
Pole Attachment Specification
Page-07
College Station Utilities Approved June 2014
NTS 06/24/2014
POLE ATTACHMENTS
SUPPLY AND COMMUNICATION CLEARANCES
PAGE 07
NOTE 1:
GUY
ATTAr:HMF:MT
~-·"<:::·
INSULATED GUY OPTION
G\JY
ATTNJJIMllif
CONTACT UTILITY TO OillRMINE
IF GUYS ARE TO BE INSULATED OR
GROUNDED.
GROUNDED GUY OPTION
T. LJCENSEE SHl\LL BE RESPONSIBLE FOR PROCURING AND INSTl\LLJNG /\LL ANCHORS /\ND GUY WIRES TO SUPPORT THE
ADDITIONAL STRES-S PLAr'.£D ON UTILITY'S POLES BY LJCENSEE'S ATTACHMENTS.
2. ANCHORS AND GUY WIRES MUST BE SEr ON EACH UTILJlY POLE WHERE THERE IS A TURN OR ANGLE AND ON ALL
DEAD-ENO UTILITY POLES.
3. LICENSEE MAY NOT PLACE GUY WIRES ON THE ANCHORS OF UTILITY OR THIRD PARTY USER WITHOUT PRIOR WRITTEN
CON!SFNT OF Al I ATTACHINC FNTITIF$ ANrJ ANCHOR OWNFR5.
4. NO ATTACHMENT MAY EIE INSTALLED ON A UTILITY POLE UNTIL ALL REQUIRED GUYS AND ANCHORS ARE INSTALLED,
NOR MAY ANY ATTACHMENT l'JF MOfllFlFO OR FIFl orATfl) IN SUCH A WAY A."'". Wll I MATFFllAI I y INCRFA."iF THF
SI l~L~'S OI? LOJ\illNG ON U llLI IY 1-'0LL'S UN I LL ALL l{LQUll~LIJ GUYS ANLl ANCI IOI~ AHL INS IALLLLt
5. LICENSEE'S DOWN GUYS SHALL NOT ElE BONDED TO GROUND OR NEUTRAL WIRES OF LITILITV'S POLE AND SHALL NOT
PIIDVIUL A curmLNI fJ/\111 10 GIWUNLl Gi<OM fill f'OLL GIIDUNll OH f-'OWW SYSfLM NLUIW\L II 1-'Ll{MJllLD or~
REQUIRED BY THE UTILITY, GROUNDED GUYS SHOULD BE INSTALLED.
G. ON JOINILY USLLJ Sll{UCIUl~L~. GUYS ·1111\1 1-'ASS WlllllN 12" 01 SLJPl-'LY toNlJlJCIOl~S. /\NU Al$0 1-'/\SS WlllllN ll~
OF COMMUNICATION C"..ABLES. SHALL BE PROTECTED WITH A SUITABLE INSULATING COVERING WHERE THE GUY
PASSES THE SUPPLY CONDU(,"TOR'S, UNLE::."S THE GUY IS EFFE(,"TIVELY GROUNDED OR INSULATED WITH A STRAIN
INSULATOR /\T I\ POiNT BELOW THE LOWEST SUPPLY t;ONDUCTOR ANO AflO\IE THE HIGHEST COMMUNICl\TlON CllBLE.
NO COMMUNICATION EQUIPMENT SHALL BE MOUNTED ON
POI FS FXCFF'T F1Y PFRMISSION OF UTII ITY.
College Station Utilities
Pole Attachment Specification
Page-08
LICENSEE'S ATTACHMENTS ON lffiLITY POLES, INCLUDlNG
MCTl\L ATTl\CI IMCNT CLAMPS AND DOLTS, MITAL CRO~"S
ARM SUPPORTS, BOLTS AND OTHER EQUIPMENTS. MUST
ElE ATIACHED SO AS TO MAINTAIN THE MINIMUM
SCPAMTlONS SPrnnm IN Tl I[ NCSC AND IN TI l[S[
DRAWINGS AND SPECIFK'ATIONS.
College Station Utilities Approved June 2014
NTS A
POLE ATTACHMENTS
Gl.N WIRE REQUIREMENTS
PAGE 08 A-04
Notes:
Location of Vertical Runs
' ;
I -----------r---------------------.
' Fil'!ld; Side
Joint Construction Pole
Notoo 1-6
1. ~ and COOt!Yllllcalkin verdcal rt.aM shal not be made oo the same pole where It ls pimctlMble to plOO& them on
separate poles.
2. SUpply verllral runs shclll be on quarter of pole oppootte ~lloo calJle If existing, otherwise oo Held quartet of pole
whoo .,.Oll'IJ moot or aley.
3. ~le supply~! runs on side of pole ewayfrom tho ncmml traffic How where pmdicable.
4. Comrnunit:afion vertical runs sl:tajl be made on quarter of pole ~lo cooth'll.Uriciltion Cllhle and oti side of pole away
from th& normal traftfoflow where pmclicl:lbkJ.
5. All wr&al runs shal be oo ~ at; rd to lntfltf&re with dltnbing 0t vvorkir.g spat;&. WhBl'l lhe addlioo fJf a
OOIYllU1ication wrliclll nm oo pole with an eidslilg supply vertical run obslruct& more than WK. of the pole SlBfat:o, the
addkkinal coovnurittltloo vetlkal rurr shall be ml'lllried on ~ btatkels a mnroom of 4• and a mrodltUl'I CJf 12" l'.Jff
the pole.. Vertical runs IOOlbrte climbing spaoe as per the NESC. VertlcaJ runs on standoff bra<:b!ls sh:Ud be In ooncUt
as~ bylhe NESC.
College Station Utilities
Pole Attachment Specification
Page-09
College Station Utilities Approved June 2014
NTS 06/24/2014
POLE ATTACHMENTS
LOCATION OF VERTICAL RUNS
PAGE 09
MO COMMUNICATIONS POWER
SUPPLY SHALL B£ MOUNTED OH
POLES EXCEPT BY PERMISSION OF
UTILITY.
llC£NS£E'S ATTACHMENTS ON
UTILITY POLES, INCLUDING METAL
ATTACHU£NT CLAMPS AND BOLTS.
METAL CROSS AIOI SOPPORlS,
BOLTS AND cmlER EQUIPMENTS,
MUST B£ ATTACHED SO AS TO
MAINT1.IN THE MINIMUM
SEPARATIONS SPECIFlED IN THE
MESC AND IN lHESE DRAWlNGS
AND SPEC1FICATIONS.
NOTE 1:
30"SOUARE
SAFETY ZONE
SEENOTE3
30"SOUARE
SAfETYZONE
$EEN01E3
1. FOR NEW CAELE INSTALLATIONS LOCATE r.ABLE ON lHE SAME stDE OF lHE
POLE AS IJTlLfTY'S LOWEST CONDUCTOR.
$EEN01E3
2.. STANDOFF' BRACKETS TO UOUNT CABlE TO POlE ARE NOT All.OWED WITHOUT
APPROVAi.. OF UTIUlY.
3. CLIMBING ANO WORKSPACE THROUGH THE COMMUNICATION SPACES SHAU.
EXTEND FROM 40" BELOW THE LOWEST COMMUNICATION r.ABLE TO THE TOP OF
THE POLE'..
4. ON TRANSFORMER POLES THE COMMUNICATIOH SERVICE DROPS SHALL BE
LOCATED SO THAT THEY ORIGINATE FROM TffE MESSENGER ON THE SIDE OF TffE
POLE OPPOSITE lHE TRANSFORMER.
5.. MINIMUM Cl.EARANCES FOR CUMBlfiG AND WORKING SPACE SHfU BE
FOllOWED AS PER NESC SECTION 236..
~
College Station Utilities
Pole Attachment Specification
Page-10
College Station Utilities Approved June 2014
NTS A 0&115{2013
POLE ATTACHMENTS
CLIMBING SPACE REQUIREMENTS
PAGE 10 A-15
ATIACHMENT OF DAS ANTENNA OR EQUIPMENT ON POLES
DAS antenna and/or Licensee equipment shall not be mounted on poles that already contain any of the
following equipment:
• Capacitors
• Airbreak Switch
• Recloser
• Voltage Regulator
• Poles already containing third party control boxes or panels
A stress analysis shall be considered for any pole that is proposed to have DAS antenna and/or Licensee
equipment mounted on it. Licensee will pay the cost of this analysis if it is required.
College Station Utilities
Pole Attachment Specification
Page-11
College Station Utilities Approved January 2015
NTS 01/08/2015
POLE ATTACHMENTS
Licensee Methods to Attach to Poles
WOOD POLES:
1. If there are predrilled holes in the wood pole in the location of the attachment, these holes can
be used by Licensee.
2. If a new hole needs to be drilled, it needs to be at least 6" from any existing hole in the pole.
3. If drilling is not an option, then an Aluma-Form bolt-a-band strap or an approved equivalent
shall be used.
CONCRETE AND STEEL POLES:
1. If there are predrilled holes in the concrete or steel pole in the location of the attachment, these
holes can be used by Licensee.
2. If there is not an existing hole in the concrete or steel pole, then an Aluma-Form bolt-a-band
strap or an approved equivalent shall be used.
FIBERGLASS POLES:
1. If there are predrilled holes in the fiberglass pole in the location of the attachment, these holes
can be used by the Licensee as long as the bolt through the pole is backed up by an approved 4"
curved washer for round or tapered fiberglass poles or an approved 4" flat washer for octagonal
fiberglass poles. These 4" washers are needed as per manufacturer's recommendations to
prevent the washer from pulling through the fiberglass pole.
2. If there is not an existing hole in the fiberglass pole, or the licensee does not wish to use the
existing hole, then an Aluma-Form bolt-a-band strap or an approved equivalent shall be used.
College Station Utilities
Pole Attachment Specification
Page-12
College Station Utilities Approved January 2015
01/08/2015
POLE ATTACHMENTS
LICENSEE METHODS TO ATTACH TO POLES
NTS
INFORMATION REQUIRED TO PROCESS APPUCATION FOR WIRELESS
DEVICES (SMALL CELL, DAS, AMS, OR SIMILAR EQUIPMENT)
All physical specifica1ions of equipment must be provided to COL'S prior to i&1allation fin·
analysis. This will ensure the equipment meets requirements of the Oveihead Construction
Standards and is compatJ.llle with exll,1ing COCS attachments and/or rehrted equipment
The fullowing infomratfon mm.1 also be pmvided for review before any equipment will be
appmved for installation:
l. Doc.~ the desired pole already have a COCS wireless device~ AMS RF collecting or
routing device; DA RF routing devicet auto transfer switc~ air swi~ capacitor bank or
a rectoser?
2. What is the FCC designator of the transmitter?
3. What is (are) the proposed transmit frequency(ies) of the RF device'!
4. What is the proposed transmit power (EIRP) at the antenna of the RF device'?
5. If a number of transmissions occur from an antenna sirnnltanoonsly~ what is the: max
transmit power (ERP or EIRP as appropriate) that can be achieved'!
6. What is the modulation tecbnique/over-the-ai1· technology of the transmitrer?
7. Will transmitter have filters to eliminate sidebands or transmissions out.side of the
authorized transmit frequcncy(ies)?
8. What is the bandwidth of a single b.1UlSJ1iission or if spre-Jd spoc1nun what is the
bits/sec/Hz of a single b'ansmissions?
9. Wilt dynamic or automatic power control be utili2".Cd for transmis."lions to mobile or static
receiving devices?
10. What is the horizontal and vertical beam width of the antenna(s)?
l J. What is the AGL of antenna(s)?
12. How many antennas will be place on a pole?
13. If the antenna system is sectorized. how many sectors on a single pole?
14. Wilt the antcnna(s) be level) np tih or down tilt?
15. What is (are) the proposed receive frequency (ies) of the RF device?
16. What is the baclbaul teclmology of the tmn.sceiver and if it is RF~ will it be on the same
frequency(ies) as communication to receiving devfoes?
17. What is the AC power consumption of the 1nwsceivet· when the tmnsmitter(s) is (are)
operating at l WIO duty cycfe/fuUy utiliz.ed?
College Station Utilities
Pole Attachment Specification
Page-13
College Station Utilities Approved June 2014
NTS 06/24/2014
POLE ATTACHMENTS
Communication Facilities Location and Tagging
To facilitate identification of attachments to COCS poles, the following standards apply to all Licensees. These requirements will also assist in
contacting the attached party as needed.
ORDER OF ATTACHMENT ON POLE:
The following is the hierarchy for installing facilities on poles. List is from top of pole down:
• Electric Utility Infrastructure
• City of College Station fiber
• Licensee (3) fiber
• Licensee (2) fiber
• Licensee ( 1) fiber
• Verizon lines and fiber
If a new Licensee applies to contact a pole, they will be responsible for the cost of moving or lowering the facilities as required to maintain this
hierarchy. Changing of position from pole to pole will not be allowed.
TAGGING:
A tag must be installed which includes the following information:
1. Company name or generally recognizable company logo
2. Emergency telephone number
Tagging requirements:
1. Locations:
a. The starting and dead-end poles of all attached facilities
b. The beginning of all lateral taps
c. All overhead to underground transitions
d. All roadway crossings
e. Equipment or antenna facilities
Tags should be installed on a minimum of every fourth pole.
2. Tagging must take place upon installation of facilities.
3. Companies are required to tag their facilities as an ongoing practice in order to meet these requirements.
4. Tag must be replaced when the company name and/or contact number are no longer legible from the ground.
5. Missing tags must be replaced as soon as possible.
The attaching company may choose the method, color, material, construction, and dimensions of the tag as long as the following requirements
are met:
a. Tags to remain permanently affixed to the attaching company's facilities.
b. Color and text must be designed to last at least 5 years.
c. The company name and contact number must be easily readable and visible from the ground. A minimum of Y, inch high lettering is required.
d. Avoid the use of sharp edges and corners if constructed of metal.
e. Tags should be consistent in appearance for a given company throughout COCS's service territory.
College Station Utilities
College Station Utilities
Pole Attachment Specification
Page-14
Approved June 2014
06/24/2014
POLE ATTACHMENTS
SPEC NAME
NTS
Secondary Circuits
or Transformer
Weather Head
Open Drip--..,__........._
Loop ~
40"
Antenna----·
Licensee Equipment-
(See Notes 2 & 5)
u
(/) w z
1ii
0..
Vi ro
"O c
:J e
CJ c x
.8 ~ ro
~ 2
c 9 9 ~ '<!-(o ro
Q)
(3
.8
~ c
~ ro
Q)
(3
Supply and Communication
Equipment
NOTES:
1. Attachment of telephone and other communication
facilities shall be same side of the pole.
2. No metal cabinet larger than 6" x 12" x 4" deep shall be
mounted directly on the pole. Larger cabinets may be
pole mounted as shown in the side views on this sheet
provided mounting brackets are used which provide a
minimum of 4" and a maximum of 12" between the
cabinet and the pole. Only one box shall be allowed.
Largest dimensions for box per pole, allowed is
31"wide, 47"tall, and 16" deep.
3. Licensee supply cable shall be in conduit or have an
effectively grounded metal sheath or shield.
4. Service shall be furnished by customer.
5. Messenger and metal case of power supply shall be
connected to pole ground with #6 SD bare copper
bonding wire.
6. Customer's leads shall extend out of weatherhead
sufficient for making connections on secondary bus or
transformer.
7. Self contained meter socket furnished by
communication company.
8. Mount the meter socket so the meter can be read
easily from the ground. Meter should not face street,
alley, or property side of pole.
~ :>---See Notes 1, 5 & 9 9. Recommended position for attachment of
communication cable (either self-supporting or
supported messenger).
Service to----1-•
Power Supply
(See Notes 2,
3, 4, 5 & 6)
-see Note2
10. Pole must be stabilized
11. If addition equipment or boxes are required, they
must be pad mounted at least 3 feet from base of pole.
12. Antenna shall be mounted in the communication
space or below and shall not interfere with access to
other licensees facilities.
13. Equipment shall not be installed on poles already
having other licensees equipment or boxes.
14. Equipment shall not be installed on poles containing
electric risers, airbreak switches, capacitor, reclosers
or regulators.
-Meter (See Notes 7 & 8)
..,._ __ Customer's Service Switch
~=~ 1<!!<11---Customer's G,...r_o_u_n_d_in_g_E_le_c_tr.--o_d_e--------~
Lt! College Station Utilities
Pole Attachment Specification
Page-15
College Station Utilities Approved February 2014
02/11/2015
POLE ATTACHMENTS
SUPPLY AND COMMUNICATION EQUIPMENT
PAGE 15
COMMUNICATION EQUIPMENT MOUNTED ON
ANCHOR BASED METAL STREET LIGHT POLE
()
(J)
LU z
0::
LU c..
(J)
<(
0 z
:J
0
0::
C.9
0
I-
LU
() z
~
<(
LU
_J
0 ()
18" MIN FROM
STREET LIGHT ARM
Note 1 & 2
Note 4
1. CONDUIT SHALL MATCH COLOR OF STREET LIGHT POLE.
2. CONDUIT SHALL BE STRAPPED TO STREET LIGHT POLE, STRAPS
SHALL BE PLACED A MAXIMUM OF 3' APART. STRAPS SHALL
MATCH COLOR OF STREET LIGHT POLE.
3. ALL EQUIPMENT, EXCEPT ANTENNA, INCLUDING METER FOR
ELECTRICAL SERVICE, SHALL BE PAD MOUNTED. College Station Utilities
Pole Attachment Specification
Page-16
4. CONDUIT AND STRAPS SHALL BE LOCATED WHERE THEY DO NOT
INTERFERE WITH THE STREET LIGHT CONDUCTOR ACCESS
PANEL. College Station Utilities Approved June 2014
5. INSTALL ON ANCHOR BASED METAL STREET LIGHT POLES ONLY.
6. POLE LOADING CALCULATION SHALL BE REQUIRED BASED ON
ACTUAL ANTENNA SPECIFICATIONS.
02/02/2015
POLE ATTACHMENTS
SPEC NAME
PAGE 16
EXHIBITC
LICENSEE'S CERTIFICATES OF INSURANCE
43
Pole Attachment License Agreement: Ce bridge Acquisition, L.P., d/b/a Sudden/ink Communications
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0527 Name:
Status:Type:Presentation Consent Agenda
File created:In control:9/3/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, discussion and possible action on the Bylaws of The Research Valley Partnership, Inc.
including Article III, Appointment and Qualifications of Directors.
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:15 08 21 Meronoff Letter re Bylaw Amendment.pdf
RVP Updated Bylaws May 2015.pdf
Original A of C adopted 1989.pdf
Action ByDate Action ResultVer.
Presentation, discussion and possible action on the Bylaws of The Research Valley Partnership, Inc.
including Article III, Appointment and Qualifications of Directors.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Diverse Growing Economy
Recommendation:
Summary: The Research Valley Partnerhsip (the "RVP") recently amended its bylaws to add
additional voting members to its Board of Directors. It also made a change to provide for an
extension of a member's service on the board if that board member is an elected official. Article VXII
of the Bylaws requires the approval of the cities of Bryan and College Station and Brazos County for
any amendments made to Article III.
The RVP requested that this item be placed on the City Council's agenda for consideration.
Budget & Financial Summary:
Attachments:
Letter from RVP's Attorney
Articles of Incorporation - June 7, 1989
Amendment to the Articles of Incorporation - March 14, 2003
RVP Bylaws adopted by the Board - May 2015
College Station, TX Printed on 9/4/2015Page 1 of 2
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College Station, TX Printed on 9/4/2015Page 2 of 2
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0476 Name:College Station Municipal Cemetery System
Status:Type:Presentation Consent Agenda
File created:In control:8/13/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion regarding approval of a resolution changing the sales
price of cemetery spaces for the College Station Municipal Cemetery System.
Sponsors:David Schmitz
Indexes:
Code sections:
Attachments:1- Cemetery Sales Price Resolution.pdf
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding approval of a resolution changing the sales
price of cemetery spaces for the College Station Municipal Cemetery System.
Recommendation(s):After reviewing the history of the fee schedule for the cemeteries,staff
recommends the following price structure which is reflected in the pro forma developed for the
Memorial Cemetery of College Station. The staff recommended price structure is:
College Station Cemetery Memorial Cemetery of College Station
Municipal Aggie Field of Honor
-Standard spaces $1,450 -Standard space $1,450 $3,000
-Cremate space $440 -Columbaria niche $825 $1,650
-Infant space $220 -Infant space $220 N/A
The new pricing,if approved,would be effective as of October 1,2015.The last increase was in
October 2013.During the Parks and Recreation Advisory Committee meeting of August 11,2015,
the Committee made a recommendation to the City Council to approve the new price structure for the
cemetery system.
Relationship to Strategic Goal:Financially Sustainable City;
Core Services and Infrastructure
Summary:The price structure of cemetery spaces in the College Station Municipal Cemetery
System are the same price for like cemetery spaces at both of the City’s cemeteries.The only
differences in sale prices between the two cemeteries is that only the College Station Cemetery has
cremate spaces for sale, and only the Memorial Cemetery has columbaria niches for sale.
Budget &Financial Summary:The approval of this resolution is needed so that the College Station
Municipal Cemetery system can continue its efforts to meet its financial obligations for the new fiscal
College Station, TX Printed on 9/4/2015Page 1 of 2
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File #:15-0476,Version:1
Municipal Cemetery system can continue its efforts to meet its financial obligations for the new fiscal
year.Sales revenue for FY 2013 was $374,250;FY 2014 was $303,710;and for FY 2015 is
$303,765 as of 07/31/15. The projected revenue for FY 2016 is approximately $350,000.
Attachments:
1.Resolution #______________
College Station, TX Printed on 9/4/2015Page 2 of 2
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RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING THE SALE PRICE OF CEMETERY SPACES IN THE COLLEGE
STATION MUNICIPAL CEMETERY SYSTEM, AUTHORIZING THE MAYOR TO
EXECUTE WARRANTY DEEDS, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of College Station, Texas, owns and has within its boundaries a tract
known as the College Station Cemetery located at 2580 Texas Avenue South, a plat of which is
filed in the Deed Records of Brazos County, Texas; and owns and has within its boundaries a
tract known as the Memorial Cemetery of College Station located at 3800 Raymond Stotzer
Parkway, a plat of which is filed in the Deed Records of Brazos County, Texas; and
WHEREAS, the City Council of the City of College Station, Texas, has established Rules and
Regulations governing the College Station Cemetery and the Memorial Cemetery of College
Station, being Chapter 1, Section 29 of the Code of Ordinances of the City of College Station,
and, furthermore, has authorized the sale and conveyance of certain parcels of land designated
and described as cemetery spaces; 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, establishes the
following fees for the sale of property within the College Station Cemetery:
1. Each single space, approximately five feet (5') by ten feet (10'), shall be One
Thousand, Four Hundred Fifty Dollars ($1,450.00).
2. Each single cremate space, approximately two and one-half feet (2- 1/2') by
two and one-half feet (2-1/2'), shall be Four Hundred Forty Dollars ($440.00).
3. Each single infant space, approximately four feet (4') by five feet (5'), shall be
Two Hundred Twenty Dollars ($220.00).
PART 2 Funds generated from space sales within College Station Cemetery shall have the
following utilization:
1. 100% of the proceeds from the sale of spaces shall be placed in the
Endowment Fund for the College Station Cemetery for the future care,
maintenance, operations, and improvements to the cemetery.
PART 3: That the City Council of the City of College Station, Texas, establishes the
following fees for the sale of property within the Memorial Cemetery of College
Station:
RESOLUTION NO. ______________ Page 2
1. Municipal Sections:
a. Each single standard space, approximately four feet (4') by nine feet (9'),
shall be One Thousand, Four Hundred Fifty Dollars ($1,450.00).
b. Each columbaria niche, approximately twelve inches (12") by twelve
inches (12") by twelve inches (12"), shall be Eight Hundred Twenty Five
Dollars ($825.00).
c. Each single infant space, approximately four feet (4') by four and one-half
feet (4 1/2'), shall be Two Hundred Twenty Dollars ($220.00).
2. Aggie Field of Honor Sections:
a. Each single standard space, approximately four feet (4') by nine feet (9'),
shall be Three Thousand Dollars ($3,000.00).
b. Each columbaria niche, approximately twelve inches (12") by twelve
inches (12") by twelve inches (12"), shall be One Thousand, Six Hundred
Fifty Dollars ($1,650.00).
PART 4 Funds generated from space sales within the Memorial Cemetery of College
Station shall have the following utilization.
1. 33% of the proceeds from the sale of lots shall be placed in the Endowment
Fund for the Memorial Cemetery of College Station for the future care,
maintenance, operations, and improvements to such cemetery.
2. 67% of the proceeds from the sale of lots shall be used for debt retirement
associated with land costs for the cemetery, capital improvements for the
cemetery, and any and all other purposes as determined by the City in
adoption of its budget.
PART 5: In addition to the above fees, the Purchaser shall pay all filing fees required by
Brazos County in order to officially effect the transfer of ownership of the
property.
PART 6: The City Council of the City of College Station, Texas, delegates to the Mayor the
authority to execute, as necessary, Warranty Deeds consummating the sale and
conveyance of each parcel of land in the College Station Municipal Cemetery
System per the above price schedule; each Warranty Deed so issued shall be
signed by the Mayor and mailed to the Purchaser after all terms and conditions of
the sale have been met, including full payment of all the above-referenced fees, as
applicable, and acceptance of the agreement in full by both parties.
RESOLUTION NO. ______________ Page 3
PART 7: That this resolution shall take effect January 1, 2016, from and after its passage.
ADOPTED this _________ day of _________________________, A.D. 2015.
ATTEST: APPROVED:
_______________________________ ___________________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0489 Name:Residential Recycling Franchise Amendment
Status:Type:Ordinance Consent Agenda
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion regarding the first of two readings of an ordinance
amending the Residential Recycling Collection Franchise Agreement (Ordinance No. 2010-3268)
with Texas Commercial Waste (TCW).
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:TCW Res Recyling Franchise Ord Amend Signed.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding the first of two readings of an ordinance amending the Residential
Recycling Collection Franchise Agreement (Ordinance No. 2010-3268) with Texas Commercial Waste (TCW).
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Sustainable City
Recommendation(s): Staff recommends approval of the amendment.
Summary: Staff and Texas Commercial Waste desire to extend the Franchise Agreement term to allow for additional time
to review new service proposals. RFP# 15-053 for Residential Homes, City-Owned Buildings and Facilities Recycling
Collection closed August 17, 2015 and staff is currently reviewing proposals. Staff’s recommendation and corresponding
council agenda item will be scheduled in the coming weeks.
Budget & Financial Summary: At present, the provision of recycling collection services and associated public education
programs accounts for $2.80 of the $14.40 monthly sanitation fee charged to each residential customer. Funding for the
cost of the Franchise Agreement is budgeted in the Sanitation Fund, Residential Collection Division.
Attachments:
1. Ordinance Amendment
College Station, TX Printed on 9/4/2015Page 1 of 1
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Residential Recycling Franchise Agreement
Ordinance Amendment Page 1 of 3
RESIDENTIAL RECYCLING COLLECTION FRANCHISE AGREEMENT
ORDINANCE AMENDMENT
ORDINANCE NO. ____________
AN ORDINANCE AMENDING RESIDENTIAL RECYCLING COLLECTION
FRANCHISE AGREEMENT ORDINANCE NO. 2010-3268 THAT GRANTED
TEXAS COMMERCIAL WASTE, ITS SUCCESSORS AND ASSIGNS, A NON-
EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC
STREETS, ALLEYS, AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS
OF THE CITY OF COLLEGE STATION FOR THE PURPOSE OF PROVIDING
RECYCLABLE COMMODITIES COLLECTION TO DESIGNATED SINGLE-
FAMILY, DUPLEX , FOUR-PLEX, AND HANDICAP RESIDENTIAL LOCATIONS;
PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND
LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED;
PROVIDING FOR THE CONSIDERATION; FOR PERIOD OF GRANT; FOR
ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF
CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY AND ASSESSING A
PENALTY FOR VIOLATION.
WHEREAS, the City of College Station, by ordinance, granted a Residential Recycling
Collection Franchise Agreement by Ordinance 2010-3268 (Agreement) to Texas Commercial
Waste on September 23, 2010; and
WHEREAS, the City of College Station issued RFP # 15-053 for Residential Homes,
City-Owned Buildings and Facilities Recycling Collection for single stream recycling; and
WHEREAS, the City of College Station and Texas Commercial Waste desire to extend
the Agreement term to allow additional time to review new service proposals; and
BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF COLLEGE
STATION, TEXAS, THAT:
Residential Recycling Franchise Agreement
Ordinance Amendment Page 2 of 3
1. The City of College Station and Texas Commercial Waste are amending the Agreement
according to ARTICLE XXVII AMENDMENTS.
2. The City and Texas Commercial Waste desire to amend and replace ARTICLE XXX
TERM OFAGREEMENT and replace with the following:
“ARTICLE XXX
TERM OF AGREEMENT
30.1 The term of this Agreement shall be for a period beginning on
October 1, 2010 and ending January 31, 2016. Before January 31, 2016 the
City may exercise, in writing, an option to extend the Agreement term to
month to month at the City’s sole option.”
3. The City and Texas Commercial Waste desire to amend ARTICLE XII COLLECTION
PROCEDURES by adding the following:
“12.8 After January 31, 2016, if the City exercises the month to month
option, Collection Procedures will be at the written order of the City’s
Representative to end collection services by terminating designated routes,
customers, or done by other efficient means.”
4. All other terms and conditions of the Agreement remain unchanged and in full force and
effect.
5. This Agreement was passed adopted and approved according to Texas Government Code
Chapter 551.
a. First Consideration & Approval on the 10th day of September, 2015.
b. Second Consideration & Approval on the 21st day of September, 2015.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0490 Name:Cooner Change Order No. 2
Status:Type:Change Order Consent Agenda
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion of a deductive change order to construction contract #
14-355 with Elliott Construction, LLC in the amount of $60,690 for construction of the Cooner Street
Reconstruction Project, No. ST-1201.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Project Location Map.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of a deductive change order to construction contract # 14-355 with Elliott
Construction, LLC in the amount of $60,690 for construction of the Cooner Street Reconstruction Project, No. ST-1201.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the deductive change order to the contract.
Summary: The Cooner Street Reconstruction Project involved the rehabilitation of utilities along Cooner Street from Texas
Avenue eastward to the end of the street. Work included but was not limited to: demolition, installation of new water lines,
sanitary sewer lines, electrical conduit, and pavement reconstruction.
Upon completion of the scope of work on Cooner St, quantities were checked and compared to those in the original bid
documents. This change order balances the quantities used in the field with those originally bid. For items associated with
water service utilities, changes resulted in a deduction of $14,204 from the original contract. Review of items associated
with wastewater utility installation resulted in a change of an additional amount of $1,912 is to be added to the original
contract amount for wastewater related items. For electrical utility items an additional $388 is to be added to the original
contract amount. For items associated with reconstruction and improvements to the street and drainage infrastructure the
resulting changes resulted in a deduction in the amount of $48,786 from the original contract This amount includes a
deduction of $40,294.00 for the re-pavement of Nimitz Street that will be undertaken by City crews. The net affect of this
change order is a decrease to the original contract in the amount of $60,690.
Additionally, the change order provides a times extension of 75 calendar days to the contract. The additional days are
granted to the contractor due to rain events in excess of those expected in the months of February, March, April, May, and
June 2015 and the associated days required to protect the work until site conditions improved to allow work to continue.
Budget & Financial Summary: The design and majority of consruction of the Streets portion of the project, as well as the
College Station, TX Printed on 9/4/2015Page 1 of 2
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File #:15-0490,Version:1
design of the Water and Wastewater portions of this project are funded with Community Development Block Grant funds.
The majority of this deducive change order will apply to the Streets portion of the project.
Attachments:
1.Construction Change Order No. 2 to Contract No. 14-355 (on file with the City Secretary)
2.Project Location Map
College Station, TX Printed on 9/4/2015Page 2 of 2
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Texas AveUniversity Dr EEisenhower StNimitz StJane StPoplar StMacarthur StMeadowland StFront StLive Oak StHensel StPoplar StLive Oak StCooner Street Reconstruction Project
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0491 Name:Lick Creek Wastewater Treatment Plant Land Buffer
Status:Type:Resolution Consent Agenda
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion regarding approval of a Resolution that will authorize
City staff to negotiate for the purchase of land in fee simple interest and an easement needed for the
Lick Creek Land Buffer Project.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:LCWWTP Land Buffer.pdf
Lick Creek WWTP Real Estate - Resolution.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for
the purchase of land in fee simple interest and an easement needed for the Lick Creek Land Buffer Project.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends Council approval of the Resolution Determining Public Need and Necessity.
Summary: The Lick Creek Wastewater Treatment Plant is surrounded by City Parkland on three sides. However, several
homes and a horse boarding facility are located to the remaining east side. City staff requests the authority to negotiate for
the purchase of up to 20 acres of land immediately adjacent of the treatment plant. Additionally, staff will negotiate for an
easement or agreement to limit further development of the remaining property which will provide a buffer from the treatment
plant. Approval of the Resolution Determining Need and Necessity will authorize staff to negotiate for the purchase of these
property interests.
Budget & Financial Summary:A budget of $560,000 has been included in the FY16 Proposed Budget for this project. It is
anticipated that the majority of this budget will be expended over the next two fiscal years.
Attachments:
1.Project Map
2.Resolution Determining Public Need and Necessity with Exhibit “A”
College Station, TX Printed on 9/4/2015Page 1 of 1
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1
RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, DETERMINING PUBLIC NEED AND NECESSITY FOR
THE CITY TO INITIATE, COMPLETE, AND ACQUIRE CERTAIN PROPERTY
LOCATED AT 17150 ROCK PRAIRIE ROAD and 17188 ROCK PRAIRIE
ROAD, COLLEGE STATION, BRAZOS COUNTY, TEXAS 77845 FOR THE
PURPOSE OF THE LICK CREEK LAND BUFFER PROJECT; AUTHORIZING
THE CITY AND ITS REPRESENTATIVES AND EMPLOYEES TO T AKE ANY
AND ALL REASONABLE ACTIONS TO ACHIEVE SAME; AND CONTAINING
OTHER PROVISIONS RELATED TO THE SUBJECT MATTER.
WHEREAS, the City of College Station, Texas (“City”) is a home rule municipality duly
incorporated and chartered under the constitution and laws of the state of Texas; and
WHEREAS, the City is engaged in the Lick Creek Land Buffer project (“Project”); and
WHEREAS, such Project is for the public purpose of wastewater treatment and services;
and
WHEREAS, such Project is located at or about the following physical location: 17150
Rock Prairie Road and 17188 Rock Prairie Road, College Station, Brazos County, Texas
77845; and
WHEREAS, such Project will necessitate the acquisition of land as set forth in this
Resolution; and
WHEREAS, the City Council of the City desires to acquire land for the Project to
achieve the aforesaid public purpose, and herein determines it to be in the best interest of
its citizens and the general public to designate its lawful agents and representatives,
including City staff, to achieve same, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this Resolution
are hereby declared true and correct.
PART 2: That the City Council of the City of College Station, Texas, herein
determines it to be in the best interest of its citizens and the general public
to commence the Lick Creek Land Buffer Project at 17150 Rock Prairie
Road and 17188 Rock Prairie Road, College Station, Brazos County,
2
Texas77845 for the public purpose of wastewater treatment and services,
and to take any and all reasonable action to achieve completion of the
Project, including the acquisition of property.
PART 3: That the Project will require the acquisition of a fee simple and easement
interest in the property as described in Exhibit “A” attached hereto and
made a part of this Resolution (“Property”).
PART 4: That the City’s representatives, agents, and staff are hereby authorized to
acquire the Property pursuant to applicable law, including Chapter 2206
Texas Government Code and Chapter 21 Texas Property Code as same
may, from time to time, be amended; and to specifically provide the
Landowner’s Bill of Rights to landowners, and to conduct such land
appraisals as may be desired and as may be required by law.
PART 5: That adoption of this Resolution shall not authorize the City’s
representatives, agents, and staff to proceed to condemnation without first
obtaining express authority to condemn from the City Council.
PART 6: That the City Manager is hereby authorized to direct and designate City
staff and to contract with one or more agents or representatives as deemed
appropriate to act on behalf of the City to acquire the Property, including
contracting with professional appraisers for appraisal services, and
contracting with professional real estate agents to act as a land agent for
the City relating to acquisition of the Property.
PART 7: That the City Attorney and his authorized designee be hereby authorized
to execute those documents necessary to close on the purchase of the
Property.
PART 8: That the City Manager and his authorized designee be authorized to sell
any surplus improvements and to order the removal or the demolition of
any improvements that are located on the Property that in their
determination hinder or are unnecessary to completion of the Project.
PART 9: That this Resolution shall take effect immediately from and after its
passage.
ADOPTED this 10th day of September, A.D. 20_15.
ATTEST: APPROVED:
____________________________ ______________________________
City Secretary MAYOR
3
APPROVED:
____________________________
City Attorney
4
EXHIBIT “A”
Project includes the acquisition of:
A fee simple interest in no more than 20 acres of the Property. Said 20 acres
depicted by the attached map; and
An easement interest to limit development of the remaining Property.
Property:
Owner: Debra Dayhoff Sikes
Address: 17150 Rock Prairie Road
Tax ID: 24896
Legal Description: 144.43 acres of land lying and being situated in the in the
S.W. Robertson Survey, A-202, Brazos County, Texas, being part of Tracts L1,
L2, L3 and L4, Ray Cowart Subdivision in Brazos County, Texas, according to
the plat recorded in Volume 300, Page 299, Deed Records of Brazos County,
Texas and being all of that property conveyed to Debra Dayhoff Sikes by Deeds
recorded in Volume 11128, Page 293 and Volume 11128, Page 296, Official
Records of Brazos County, Texas; and
Owner: Debby Sikes
Address: 17188 Rock Prairie Road
Tax ID: 24897
Legal Description: 5.51 acres of land lying and being situated in the in the
S.W. Robertson Survey, A-202, Brazos County, Texas, being part of Tracts L1,
L2 and L3, Ray Cowart Subdivision in Brazos County, Texas according to the
plat recorded in Volume 300, Page 299, Deed Records of Brazos County, Texas,
and being all of that tract conveyed to Debby Sikes by Deed recorded in Volume
5783, Page 225 Official Records of Brazos County, Texas.
Following: Map
5
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0493 Name:Replacement Parts for Refuse Truck Equipment
Status:Type:Contract Consent Agenda
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion on approving an annual blanket purchase order for the
purchase of parts and repair services for City refuse trucks from Heil of Texas. Contract pricing for
parts and labor are available from Heil of Texas through the BuyBoard Purchasing Cooperative
(Contract 425-13). The estimated annual expenditure for parts and repair services for refuse trucks:
$60,000.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:BuyBoard - Heil Pricing.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase of parts and
repair services for City refuse trucks from Heil of Texas. Contract pricing for parts and labor are available from Heil of
Texas through the BuyBoard Purchasing Cooperative (Contract 425-13). The estimated annual expenditure for parts and
repair services for refuse trucks: $60,000.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval to purchase parts and repair services from Heil of Texas through the
BuyBoard contract.
Summary:Annual blanket purchase orders issued to Heil of Texas over the past five (5)years have not exceeded $50,000;
however,it is estimated that $60,000 should be sufficient for the coming year based on the average amount spent on
replacement parts and repairs since July 2014.Parts and repairs are necessary for various refuse trucks with side,front
and rear loading bodies and dump bodies.
Purchases for captive replacement parts and components for Heil refuse equipment are exempt from competitive bidding;
however,discounted parts and services are available through the BuyBoard Purchasing Cooperative.Products and
services offered through BuyBoard contracts have been subjected to either the competitive bid or competitive proposal
format based on Texas statutes under the Local Government Code Chapter 252.
Budget & Financial Summary: Funds are budgeted and available in the Fleet Maintenance Account.
Attachments:
1. BuyBoard Sheet
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The Local Government Purchasing Cooperative
For the Period 10/1/2013 to 9/30/2016
Recommended Award Report for Refuse Bodies, Trailers & Other Bodies #425-13
106
Bid PriceVendor Award
Concrete Mixer, Truck Mounted, 10 yard
Vendor Brand and Model Number
$31,190.00Freightliner of Austin YesBeck Industrial, 10 yd
$35,360.00Longhorn International Trucks, LTD YesContinental Low Profile Paver 10 1/2 yd
107
Bid PriceVendor Award
Concrete Mixer, Truck Mounted, 11 yard
Vendor Brand and Model Number
$32,790.00Freightliner of Austin YesBeck Industrial, 11 yd
$53,395.00Longhorn International Trucks, LTD YesContinental Bridge Saver Paver 11 yd
108
Bid PriceVendor Award
Concrete Mixer, Truck Mounted, 12 yard
Vendor Brand and Model Number
$34,180.00Freightliner of Austin YesBeck Industrial, 12 yd
114
Bid PriceVendor Award
Hourly Labor Rate for: Repair/Service of all Equipment
Vendor Brand and Model Number
$55.00Bridgeport Trucks Mfg.YesHourly Labor Rate for Repair/Service of all Equipment
$65.00Waste Concepts, Inc.YesHourly Labor Rate for Repair/Service of all Equipment
$85.00Heil of Texas (Texan Waste Equipment
Inc.)
YesHourly Labor Rate for Repair/Service of all Equipment
$90.00Magnum Trailers YesHourly Labor Rate for Repair/Service of all Equipment
$95.00Bee Equipment Sales, Ltd.YesHourly Labor Rate for Repair/Service of all Equipment
(plus $2.00 per mile)
$98.00Freightliner of Austin YesHourly Labor Rate for Repair/Service of all Equipment
$100.00Texas Municipal Equipment, LLC YesHourly Labor Rate for Repair/Service of all Equipment
$102.00Longhorn International Trucks, LTD YesHourly Labor Rate for Repair/Service of all Equipment
$125.00Grande Truck Center YesHourly Labor Rate for Repair/Service of all Equipment
The Local Government Purchasing Cooperative
For the Period 10/1/2013 to 9/30/2016
Recommended Catalog Award Report for Refuse Bodies, Trailers & Other Bodies #425-13
115
Vendor Award
Discount (%) Off Catalog/Pricelist for: Repair Parts
Percent DiscountVendor Catalog Info
Bee Equipment Sales, Ltd.YesBee Equipment pricelist 0%
Bridgeport Trucks Mfg.YesBridgeport pricelist 10%
Freightliner of Austin YesFreightliner of Austin pricelist 0%
Grande Truck Center YesGrande Truck Center pricelist 0%
Longhorn International Trucks, LTD YesLonghorn International Trucks pricelist 0%
Heil of Texas (Texan Waste Equipme YesTexan waste Equipment pricelist 11%
Texas Municipal Equipment, LLC Yeswww.texasmunicipalequipment.com 2%
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0494 Name:Auto Body Repair Annual Contract - Renewal
Status:Type:Renewal Consent Agenda
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion regarding the renewal of service contract 14-372 with
Cal’s Body Shop for annual automobile and truck paint and body repairs in an amount not to exceed
$60,000.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Contract 14-372 Auto Paint Body Ren1-signed.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding the renewal of service contract 14-372 with Cal’s Body Shop for
annual automobile and truck paint and body repairs in an amount not to exceed $60,000.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the service agreement renewal with Cal’s Body Shop for the term of
September 11, 2015 through September 10, 2016.
Summary:The Fleet Division of Public Works Department does not have the internal resources to make automotive paint
and body repairs to damaged vehicles in our fleet. In FY14, staff solicited sealed competitive bids for this service. Two (2)
sealed bids were received and Cal’s Body Shop submitted the lowest responsible bid. Cal’s Body Shop agrees to renew the
agreement for the original not-to-exceed amount of $60,000. This is the first of two renewal options available.
Budget & Financial Summary:Funds are available in the Property and Casualty Fund.
Attachments:
1. Renewal Form
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****************************************************************************** RENEWAL ACCEPTANCE 1 By signing herewith, I acknowledge and agree to renew Contract No. 14-372 for Annual Auto/Truck Paint and Body Repairs and all other terms and conditions previously agreed to and accepted for an amount not to exceed Sixty Thousand and No/100 Dollars ($60,000.00). I understand this renewal agreement will be for the period beginning September 11, 2015 through September 10, 2016. This is the first of two (2) renewal options. CAL'S BODY SHOP ~2dB---~d_s DATE APPROVED: City Manager DATE City Attorney DATE Executive Director of Business Services DATE
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0495 Name:Bank Depository
Status:Type:Presentation Consent Agenda
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion on a resolution selecting a depository bank, approving a
bank depository contract, designating the City Manager or his Designee as the designated officer to
administer the depository services for the City, and authorizing the maximum expenditure of funds for
the term of the contract. Branch Banking & Trust “BB&T” is the bank being recommended as the
City's depository bank. The contract is for a three year term with two one-year renewal options and it
is anticipated that the cost for depository services will not exceed $35,000 in any year of the contract.
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:resolution (depository).pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a resolution selecting a depository bank, approving a
bank depository contract, designating the City Manager or his Designee as the designated officer to
administer the depository services for the City, and authorizing the maximum expenditure of funds for the
term of the contract. Branch Banking & Trust “BB&T” is the bank being recommended as the City's
depository bank. The contract is for a three year term with two one-year renewal options and it is
anticipated that the cost for depository services will not exceed $35,000 in any year of the contract.
Relationship to Strategic Goals:Goal I Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s):Approve the resolution selecting BB&T as the City's depository bank.
Summary:Depository services primarily consist of receiving and holding City deposits and of
processing City transfers/payments through either electronic fund transfers or the clearing of checks
drawn on City accounts. The City's current depository services contract is with BB&T and on a monthly
basis the City deposits and withdraws approximately $17.3 million and maintains a combined average
balance of approximately $70-$75 million.
On May 13, 2015 the City released a request for applications (RFA) for bank depository services. The
following two banks responded to the request: BB&T and Wells Fargo Bank. A committee of three staff
members was formed to evaluate the applications.
The evaluation criteria used to rank the applications were outlined in the RFA. The three most heavily
weighted factors were: 1) the ability to perform and provide the required and requested services, 2) the
cost of banking services, and 3) the ability to provide the City with effective and innovative cash
management services. Although both of the banks submitted excellent applications BB&T application
received the majority of the vote from the evaluation committee. In addition to providing an extensive
list of services, Branch Banking & Trust submitted the lowest cost for banking services, and it clearly
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demonstrated the ability to present the City with innovative cash management options. BB&T will also pay
the City interest on its excess collected balance.
The contract is for a three year period and has the option of two one-year renewals.
Budget & Financial Summary:The annual cost for the services provided by BB&T is expected to
not exceed $35,000 annually. The expenditure for banking services is budgeted in the General Fund.
Attachments:
Depository Services Contract available in the City Secretary Office
Resolution
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, SELECTING A DEPOSITORY BANK, APPROVING A BANK DEPOSITORY
CONTRACT, DESIGNATING THE CITY MANAGER OR HIS DESIGNEE AS THE
DESIGNATED OFFICER TO ADMINISTER THE DEPOSITORY SERVICES FOR
THE CITY, AND AUTHORIZING THE MAXIMUM EXPENDITURE OF FUNDS FOR
THE TERM OF THE CONTRACT.
WHEREAS, the City of College Station, Texas, solicited applications for a Bank Depository
Contract pursuant to Chapter 105 of the TEXAS LOCAL GOVERNMENT CODE; and
WHEREAS, the selection of BB&T is being recommended to provide banking depository
services to the City of College Station, Texas, after an extensive review and selection process;
and
WHEREAS, Chapter 105 of the TEXAS LOCAL GOVERNMENT CODE and the terms of the Bank
Depository Contract require the designation of a municipal officer to represent and act on behalf
of the City on all matters arising from the Bank Depository Contract; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby designates BB&T as the City's Depository Bank.
PART 2: That the City Council hereby approves the Bank Depository Contract with
BB&T for an amount not to exceed $105,000.00 over a three-year term for
bank depository services.
PART 3: That the City Council hereby designates the City Manager or his Designee to
serve as the City’s Designated Officer to represent and act on the City’s behalf
on all matters arising under the Depository Services Contract.
PART 4: That the funding for this project shall be as budgeted from the General Fund
in the amount of $ 105,000.00.
PART 5: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 10th day of September, A.D. 2015.
RESOLUTION NO. ______________ Page 2
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:215-0499 Name:Parking Violations
Status:Type:Ordinance Consent Agenda
File created:In control:8/25/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion on an ordinance amending Chapter 10, “Traffic Code”,
Section 4 “Administrative Adjudication of Parking Violations”, C “Hearing Officer; Powers, Duties and
Functions”, Subsection (2) “Parking Citations”, Subsection (a).
Sponsors:Debbie Eller
Indexes:
Code sections:
Attachments:CH 10 Sec 4(2)a Citation Authority 8-24-15.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on an ordinance amending Chapter 10, “Traffic Code”,
Section 4 “Administrative Adjudication of Parking Violations”, C “Hearing Officer; Powers, Duties and
Functions”, Subsection (2) “Parking Citations”, Subsection (a).
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
·Neighborhood Integrity
·Improving Mobility
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: In an effort to address neighborhood integrity and public safety issues, staff has identified
a process for Community Services staff to assist with parking enforcement throughout the City.
Additional resources funded through the anticipated FY 2016 budget will allow for the expansion of
Code Enforcement Officers and Northgate District staff duties to include parking enforcement
throughout the City. The ordinance currently provides authority for the issuance of parking citations
or summons to City Parking Enforcement Officers, Code Enforcement Officers, and College Station
Peace Officers. This revision will provide additional authority to other designated Code Enforcement
Officials, and Community Services Department staff members with code enforcement duties. This
ordinance revision is being requested at this time to allow for Community Services staff to assist with
upcoming weekend events. Initially, efforts will be made to educate residents and visitors regarding
the City's adopted codes and ordinances prior to taking formal enforcement action.
Budget & Financial Summary: N/A
Attachments:
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Attachment 1: Ordinance
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ORDINANCE NO. __________________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4
“ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS”, C “HEARING
OFFICER; POWERS, DUTIES AND FUNCTIONS”, BY AMENDING SUBSECTION (2)
“PARKING CITATIONS”, SUBSECTION (A) OF THE CODE OF ORDINANCES OF
THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That amending Chapter 10, “Traffic Code”, Section 4 “Administrative
Adjudication of Parking Violations”, C “Hearing Officer; Powers, Duties and
Functions”, by amending subsection (2) “Parking Citations”, subsection (a) 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 affect 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 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 Twenty-five Dollars ($25.00) 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 Two Thousand
Dollars ($2,000.00). 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.
Chapter 10 Parking Citation Authority
Ordinance Amendment Page 2
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2015.
APPROVED:
____________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
Chapter 10 Parking Citation Authority
Ordinance Amendment Page 3
EXHIBIT “A”
That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”,
C “Hearing Officer; Powers, Duties and Functions”, subsection (2) “Parking Citations”,
subsection (a) is amended as set out below:
(a) The administrative adjudication process is initiated by the issuance of a parking citation
or summons. Authority and powers necessary to issue citations or summons to gain
compliance with Code provision, and all other Codes or Ordinances of the City, are given
to City Parking Enforcement Officers, Code Enforcement Officers, College Station Peace
Officers, any other designated Code Enforcement Officials, and Community Services
Department staff members with code enforcement duties. A parking citation serves as the
summons and notice of administrative adjudication hearing under this section.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0503 Name:Certification of Unopposed Candidates and
ordinance ordering the cancellation of the General
Election
Status:Type:Ordinance Consent Agenda
File created:In control:8/25/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion on the Certification of Unopposed Candidates and an
ordinance ordering the cancellation of the General Election for Councilmember Place 4 and
Councilmember Place 6 on November 3, 2015. (Presentación, posible acción y discusión acerca de
la Certificación de Candidato Sin Oposición y una ordenanza que ordene la cancelación de las
Elecciones Generales para Miembro del Consejo Posicion 4 y 6 el 3 de noviembre 2015.)
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:Certification of Unopposed Candidates (Eng&Span).pdf
Order canceling election (English).pdf
Order canceling election (Spanish).pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on the Certification of Unopposed Candidates and an
ordinance ordering the cancellation of the General Election for Councilmember Place 4 and
Councilmember Place 6 on November 3, 2015. (Presentación, posible acción y discusión acerca de
la Certificación de Candidato Sin Oposición y una ordenanza que ordene la cancelación de las
Elecciones Generales para Miembro del Consejo Posicion 4 y 6 el 3 de noviembre 2015.)
Summary:
A general election may be cancelled if each candidate for an office that is to appear on the ballot is
unopposed. As soon as possible after the deadline for declaration of write-in candidacy, if no
candidate in the election is opposed on the ballot or by a declared write-in candidate, the City
Secretary must deliver to the City Council a certification that each candidate for office is unopposed
[EC §2.052]. (Se pueden cancelar elecciones generales si cada candidato a un cargo que ha de
aparecer en la boleta, no tiene oposición. Tan pronto como sea posible después de la fecha límite
para la declaración de “write-in” [ser un candidato en que los votantes agregan el nombre en el
espacio en blanco en la boleta], si no hay candidatos oponentes en la boleta ni por una declaración
de agregar en el espacio en blanco o “write-in”, entonces la Secretaria de la Ciudad deberá
entregarle al Consejo Municipal una certificación que cada candidato para los cargos en la boleta se
encuentran sin oposición [EC §2.052].)
Upon receiving the certification,the City Council may declare the unopposed candidates elected to
office,in which case the election is not held [EC §2.052(b)].The statute provides that a certificate of
election is issued to each candidate who is declared elected,“in the manner and at the same time as
provided for a candidate elected at the election”[EC §2.053(c)].Candidates elected through
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provided for a candidate elected at the election”[EC §2.053(c)].Candidates elected through
cancellation must also qualify for office and take the oaths of office the same as candidates elected
at an election.(Al recibir la certificación,el Consejo Municipal podrá declarar a los cantidades sin
oposición electos al cargo,y en tal caso no se celebran las elecciones [EC §2.052(b)].El estatuto
estipula que se emita una certificación de elecciones a cada candidato declarado electo,“de la
manera y al mismo tiempo como se indica para un candidato electo en elecciones”[EC §2.053(c)].
Los candidatos electos por medio de cancelación también deberán calificar para el cargo y tomar el
juramento al cargo al igual que los candidatos electos en elecciones.)
Budget & Financial Summary: N/A
Attachments:
1. Certification of Unopposed Candidates (Certificación de Candidatos Sin Oposición)
2. Ordinance Cancelling the General Election for Councilmember Place 4 and Councilmember Place
6 (Borrador de la Ordenanza Cancelando las Elecciones Generales para Miembro del Consejo
Posicion 4 y 6)
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Certification of Unopposed Candidates
By the City Secretary
I, Sherry Mashburn, certify that I am the City Secretary of the City of College Station, Texas,
and the authority responsible for preparing the ballot for the November 3, 2015 City election. I
further certify that no person has made a declaration of write-in candidacy, and the following
candidates are unopposed:
Candidate Office Sought
John Nichols Councilmember, Place 4
James Benham Councilmember, Place 6
______________________________
Sherry Mashburn, City Secretary
City of College Station, Texas
Dated this 10th day of September, 2015.
Certificación de Candidatos Sin Oposición por el Secretario de la Ciudad
Yo, Sherry Mashburn, certifico que soy la Secretaria de la Ciudad, de la Ciudad de College
Station, Texas, y la autoridad responsable para preparar la boleta para las elecciones de la Ciudad
el 3 de noviembre 2015. Además certifico que ningún individuo ha realizado una declaración de
candidatura de agregar su nombre en el espacio en blanco de la boleta o “write-in”, y el los
candidatos siguientes se encuentran sin oponentes:
Candidato Cargo Deseado
John Nichols Miembro del Consejo Posicion 4
James Benham Miembro del Consejo Posicion 6
______________________________
Sherry Mashburn, Secretaria de la Ciudad
Ciudad de College Station, Texas
Fechada este 10 día del mes de septiembre 2015.
ORDINANCE NO. _______________
AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE NOVMBER 3, 2015
GENERAL CITY ELECTION, ELECTED TO OFFICE; CANCELING THE
COUNCILMEMBER PLACE 4 AND COUNCILMEMBER PLACE 6 ELECTIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the general city election was for November 3, 2015 for the purpose of electing
Councilmembers to the City Council; and
WHEREAS, the City Secretary has certified in writing that no person has made a declaration of
write-in candidacy, and that the Councilmember candidates on the ballot are unopposed for
election to office; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2, Election Code, authorizes the
City Council to declare the candidates elected to office and cancel the Councilmember elections.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
SECTION 1. The following candidates, who are unopposed in the November 3, 2015 general
City election, are declared elected to office, and shall be issued certificates of election following
the time the elections would have been canvassed:
Candidate Office Sought
John Nichols Councilmember, Place 4
James Benham Councilmember, Place 6
SECTION 2. The November 3, 2015 general City Councilmember Place 4 election and City
Councilmember Place 6 election are canceled, and the City Secretary is directed to cause a copy
of this ordinance to be posted on Election Day at each polling place used or that would have been
used in the election.
SECTION 3. If any portion of this Ordinance is held invalid by a court of competent
jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect.
SECTION 4. This ordinance shall be effective immediately upon adoption.
APPROVED AND ADOPTED by the City Council of the City of College Station this 10th
day of September, 2015.
CITY OF COLLEGE STATION:
__________________________________
Nancy Berry, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________________
Sherry Mashburn, City Secretary Carla Robinson, City Attorney
ORDENANZA NO. _______________
UNA ORDENANZA DECLARANDO CANDIDATOS SIN OPOSICIÓN EN LAS
ELECCIONES GENERALES DE LA CIUDAD DEL 3 DE NOVIEMBRE DE 2015,
ELEGIDOS A PUESTOS DE LA CIUDAD; CANCELANDO LAS ELECCIONES PARA EL
MIEMBRO DEL CONSEJO No. 4 Y EL MIEMBRO DEL CONSEJO No. 6;
PROPORCIONANDO UNA CLÁUSULA DE DIVISIBILIDAD; Y PROPORCIONANDO
UNA FECHA DE ENTRADA EN VIGENCIA.
CONSIDERANDO QUE, las elecciones generales de la ciudad estaban programadas para el 3 de
noviembre de 2015 para elegir a Miembros del Consejo al Consejo de la Ciudad; y
CONSIDERANDO QUE, la Secretaria de la Ciudad ha certificado por escrito que ninguna
persona ha declarado un candidato no registrado, y que los candidatos a Miembros del Consejo
en la boleta no tienen oposición para los puestos a elegir; y
CONSIDERANDO QUE, bajo estas circunstancias, el Subcapítulo C, Capítulo 2, Código de
Elecciones, autoriza que el Consejo de la Ciudad declare a los candidatos electos a los puestos
correspondientes y a cancelar las elecciones para elegir a los Miembros del Consejo.
AHORA, POR LO TANTO, QUE SE ORDENE POR EL CONSEJO DE LA CIUDAD DE LA
CIUDAD DE COLLEGE STATION, TEXAS:
SECCIÓN 1. Los siguientes candidatos, quienes no tuvieron oposición en las elecciones
generales de la Ciudad del 3 de noviembre de 2015, son declarados electos a los puestos
correspondientes, y se les entregarán certificados de las elecciones después del tiempo en qu e las
elecciones hubieran sido sondeadas:
Candidato Puesto Deseado
John Nichols Miembro del Consejo No. 4
James Benham Miembro del Consejo No. 6
SECCIÓN 2. Las elecciones generales de la Ciudad del 3 de noviembre de 2015 para elegir al
Miembro del Consejo de la Ciudad No. 4 y al Miembro del Consejo de la Ciudad No. 6 se
cancelan, y se le pide a la Secretaria de la Ciudad que coloque una copia de esta ordenanza el Día
de las Elecciones en cada centro del votaciones utilizado o que hubiera sido utilizado en las
elecciones.
SECCIÓN 3. Si cualquier parte de esta Ordenanza se encuentra inválida por una corte de
jurisdicción competente, el resto de las provisiones de esta Ordenanza permanecerán en vigencia
y en efecto.
SECCIÓN 4. Esta ordenanza entrará en vigencia inmediatamente después de ser adoptada.
APROBADA Y ADOPTADA por el Consejo de la Ciudad de College Station este 10º día
del mes de septiembre de 2015.
CIUDAD DE COLLEGE STATION:
__________________________________
Nancy Berry, Alcalde
DOY FE: APROBADO EN CUANTO A FORMA:
___________________________ __________________________________
Sherry Mashburn, Secretaria de la Ciudad Carla Robinson, Abogada de la Ciudad
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0514 Name:Parking Violations
Status:Type:Ordinance Consent Agenda
File created:In control:8/27/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion on an ordinance amending Chapter 10 "Traffic Code",
Section 4 "Administrative Adjudication of Parking Violations", C "Hearing Officer; Powers, Duties and
Function", by amending the title of the Section C and by amending Subsection (9) "Certain Conduct
Unlawful" by adding Subsection (E).
Sponsors:Debbie Eller
Indexes:
Code sections:
Attachments:CH 10 Sec 4C Park in Yard or Lawn Ord Amend 8-24-15.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on an ordinance amending Chapter 10 "Traffic Code",
Section 4 "Administrative Adjudication of Parking Violations", C "Hearing Officer; Powers, Duties and
Function", by amending the title of the Section C and by amending Subsection (9) "Certain Conduct
Unlawful" by adding Subsection (E).
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
·Neighborhood Integrity
·Improving Mobility
Recommendation(s): Staff recommends approval of the ordinance amendments.
Summary: In an effort to address neighborhood integrity and public safety issues, staff has identified
the need for a clarification and an addition to Chapter 10 "Traffic Code". The first revision clarifies the
title of Chapter 10 "Traffic Code" Section C by changing the word "powers" to "authority and make
the title consistent with the section.
The amending of Chapter 10 "Traffic Code", Section 4 "Administrative Adjudication of Parking
Violations", C "Hearing Officer; Powers, Duties and Functions", by amending subsection (9) "Certain
Conduct Unlawful" by adding Subsection Section (e) that will provide for expanded authority for
enforcement of parking in the yard violations in residential areas, with or without a fee charged. This
will provide the ability to address significant issues identified in the neighborhoods during special
event weekends that lead to complaints and public safety concerns.
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File #:15-0514,Version:1
Budget & Financial Summary: n/a
Attachments:
Attachment 1: Ordinance
College Station, TX Printed on 9/4/2015Page 2 of 2
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ORDINANCE NO. __________________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4
“ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS”, C “HEARING
OFFICER; POWERS, DUTIES AND FUNCTIONS”, BY AMENDING THE TITLE OF
SECTION C AND BY AMENDING SUBSECTION (9) “CERTAIN CONDUCT
UNLAWFUL” BY ADDING SUBSECTION SECTION (E) OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That amending Chapter 10, “Traffic Code”, Section 4 “Administrative
Adjudication of Parking Violations”, C “Hearing Officer; Powers, Duties and
Functions”, by amending the title of Section C and by amending subsection (9)
“Certain Conduct Unlawful” by adding subsection (e) of the Code of Ordinances
of the City of College Station, Texas, be amended as set out in Exhibit “A” and
“B”, attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect 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 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 Twenty-five Dollars ($25.00) 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 Two Thousand
Dollars ($2,000.00). 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.
Chapter 10 Parking in Yard or Lawn
Ordinance Amendment Page 2
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2015.
APPROVED:
____________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
Chapter 10 Parking in Yard or Lawn
Ordinance Amendment Page 3
EXHIBIT “A”
That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”,
C “Hearing Officer; Powers, Duties and Functions”, by amending the title of Section C as set out
below:
C. Hearing Officer Authority, Parking Fines and Violations.
Chapter 10 Parking in Yard or Lawn
Ordinance Amendment Page 4
EXHIBIT “B”
That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”,
C “Hearing Officer; Powers, Duties and Functions”, by amending (9) “Certain Conduct
Unlawful” by adding Subsection Section (e) as set out below:
(e) It shall be unlawful for a person, owner, occupant, resident, or person in charge of a
property, to permit or allow:
(i) On property used for residential purposes,
(ii) With or without a fee charged,
(iii) The parking, stopping, or standing of a motor vehicle on a yard or lawn.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0518 Name:College Station Science Park
Status:Type:Agreement Consent Agenda
File created:In control:8/28/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion regarding an Economic Development Agreement
between the City of College Station and the College Station Science Park, LLC regarding
approximately 53.80 acres located at 2501 Earl Rudder Freeway South known as the College Station
Science Park.
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding an Economic Development Agreement
between the City of College Station and the College Station Science Park, LLC regarding
approximately 53.80 acres located at 2501 Earl Rudder Freeway South known as the College Station
Science Park.
Relationship to Strategic Goals:
·Financially Sustainable City
·Diverse Growing Economy
Recommendation: Staff recommends approval of the Economic Development Agreement.
Summary: The purpose of the Economic Development Agreement is to provide incentives to
encourage reinvestment and provide shovel-ready sites for research and high tech manufacturing
opportunities in College Station. The overall strategy is to position existing underutilized and
underperforming properties to take advantage of new development opportunities. Recent
commercialization efforts at Texas A&M University will create additional demand for shovel-ready
sites within the community. Encouraging reinvestment in the subject property can provide much
needed opportunities for job creation in the research and high tech manufacturing industries.
The ten year agreement is performance based and requires the property owner to improve the
overall tax value in order to qualify for a rebate of city taxes paid for the previous year. For example,
if the property owner constructs a new building valued by the Appraisal District for $5M, the property
owner could be eligible for a rebate of city taxes paid which would be approximately $22,625 per
year. If the property owner does not improve the tax value, they are not eligible for a rebate.
Additional incentives in the agreement include fast track permitting and project facilitation including
discounted permitting fees.
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File #:15-0518,Version:1
Budget & Financial Summary: The agreement is performance based and allows the owner to apply
for a rebate of property taxes if all criteria is met.
Attachments:
Economic Development Agreement
College Station, TX Printed on 9/4/2015Page 2 of 2
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0473 Name:Public Utility Easement Abandonment - 952 William
D Fitch Parkway
Status:Type:Ordinance Agenda Ready
File created:In control:8/13/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance vacating and
abandoning a 0.138 acre portion of a variable width public utility easement which is located at 952
William D. Fitch Parkway further described on the plat of Lot 3A, Block 1, of the Caprock Crossing
subdivision recorded in Volume 11714, Page 71, of the Official Records of Brazos County, Texas.
Sponsors:Carol Cotter
Indexes:
Code sections:
Attachments:Vicinity Map
Location Map
Ordinance
Ordinance Exhibit A
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance vacating and
abandoning a 0.138 acre portion of a variable width public utility easement which is located at 952
William D. Fitch Parkway further described on the plat of Lot 3A, Block 1, of the Caprock Crossing
subdivision recorded in Volume 11714, Page 71, of the Official Records of Brazos County, Texas.
Relationship to Strategic Initiatives:Core Services and Infrastructure, and a Diverse Growing
Economy
Recommendation(s):Staff recommends approval of the ordinance.
Summary:This ordinance abandons a portion of a public utility easement located on Lot 3A, Block 1
of the Caprock Crossing Subdivision. The public utility easement abandonment accommodates future
development of the tract. There is currently a City of College Station water line and a Verizon
telecommunication line running through this easement. A temporary blanket easement was
previously dedicated for the entire site which will continue to provide access to public and private
utilities until infrastructure is removed and relocated at the owners’ expense, and new public utility
easements are dedicated. The abandonment is conditioned on the relocation of this existing
infrastructure and dedication of new Public Utility Easements. If either of these conditions are not
met, the abandonment will be null and void.
Budget & Financial Summary:N/A
Attachments:
1.Vicinity Map
College Station, TX Printed on 9/4/2015Page 1 of 2
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File #:15-0473,Version:1
2.Location Map
3.Ordinance
4.Ordinance Exhibit "A"
College Station, TX Printed on 9/4/2015Page 2 of 2
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Proposed 0.138 AcrePUE Abandonment
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.138 ACRE PORTION OF THE
VARIABLE WIDTH PUBLIC UTILITY EASESMENT, SAID PORTION LYING
ALONG LOT 3A, BLOCK 1, OF THE CAPROCK CROSSING SUBDIVISION,
ACCORDING TO THE PLAT RECORDED IN VOLUME 11714, PAGE 71 OF
THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of the variable width public utility easement, said
portion lying along Lot 3A, Block 1, of the Caprock Crossing Subdivision, according to
the plat recorded in Volume 11714, Page 71, of the Official Records of Brazos County,
Texas, as described in Exhibit “A” attached hereto (such portion hereinafter referred to as
the “PUE”); and
WHEREAS, in order for the PUE to be vacated and abandoned by the City Council of
the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Public Utility
Easement described in Exhibit “A” attached hereto and made a part of this
ordinance for all purposes.
a.. Abandonment of the PUE will not result in property that does not
have access to public roadways or utilities.
b. Other than set forth herein, there is no public need or use for the
PUE.
c. Except as may be provided for in this ordinance, there is no
anticipated future public need or use for the PUE.
d. As set forth in this ordinance, abandonment of the PUE will not
impact access for all public utilities to serve current and future
customers.
e. Utility infrastructure exists within the PUE and the City and its
Franchisee has a continuing need for these utilities to remain
within the PUE until relocated with development, and said uses are
expressly not abandoned herein.
Caprock Crossing
PUE Abandonment Page 2 of 3
PART 2: That the PUE as described in Exhibit “A” be abandoned and vacated by
the City only upon completion of the following conditions:
a. That the Applicant shall remove and relocate the existing utility
infrastructure in accordance with approved construction documents
at the Applicant’s expense.
b. That the Applicant shall, upon completion of the removal and
relocation of the utility infrastructure, convey by separate
instrument or plat to the City public utility easements at the
location of said utility infrastructure, in a form acceptable to the
City.
PASSED, ADOPTED and APPROVED this _______ day of ______________, 2015.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
______________________________
City Attorney
Caprock Crossing
PUE Abandonment Page 3 of 3
Exhibit A
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0497 Name:FY16 Tax Rate Public Hearing
Status:Type:Presentation Agenda Ready
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Public Hearing, presentation, possible action and discussion on the City of College Station 2015
advertised ad valorem tax rate of $0.4525 per $100 valuation resulting in an increase in tax revenues.
Also discussion and possible action on announcing the meeting date, time and place to adopt the tax
rate.
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Hearing,presentation,possible action and discussion on the City of College Station 2015
advertised ad valorem tax rate of $0.4525 per $100 valuation resulting in an increase in tax
revenues.Also discussion and possible action on announcing the meeting date,time and place to
adopt the tax rate.
Recommendation(s):Hold public hearing and receive citizen input on the tax rate.
Summary:The Texas Property Tax Code requires that if an entity wishes to increase tax revenues
over the effective tax rate then that entity must call and hold two public hearings on the proposed tax
rate.Following each public hearing the City Council must announce the meeting date,time and
place to adopt the tax rate.
The tax rate that the City Council announced it would hold the public hearings on is $0.452500 per
$100 assessed valuation.
The notice of this public hearing was placed in the Eagle,as well as on the City's internet site,and
the City's television channel.
The first public hearing on the tax rate was held on Wednesday September 2.The City Council will
vote on the tax rate on Thursday September 21.
Budgetary and Financial Summary: The public hearing tax rate of $0.452500 per $100 assessed
valuation will generate $32,036,946 in taxes. The property taxes are used to fund the general debt
service of the City as well as a portion of the operations and maintenance costs of the General Fund.
Attachments:N/A
College Station, TX Printed on 9/4/2015Page 1 of 2
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0496 Name:FY 2015-2016 Budget Public Hearing
Status:Type:Presentation Agenda Ready
File created:In control:8/24/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Public Hearing, presentation, possible action, and discussion on the City of College Station FY2015-
2016 Proposed Budget.
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Hearing,presentation,possible action,and discussion on the City of College Station FY2015-
2016 Proposed Budget.
Recommendation(s):Hold public hearing on Proposed Budget and receive citizen input.Provide
direction to staff on budget.
Summary:The City Charter requires that the City Council call and hold a public hearing on the
proposed budget;and that after such public hearing,the Council may insert or decrease items so
long as the total of any increases and insertions do not increase the total budget by more than 3%.
The Proposed Budget was presented to the City Council on August 13,2015.Three budget
workshops were held to review the proposed budgets on August 17th, August 18th, and August 19th.
On August 13,2015,the City Council called a public hearing on the FY2015-2016 Proposed Budget.
A notice announcing the public hearing was published in accordance with City Charter and State Law
requirements.
The FY2015-2016 Budget is scheduled to be adopted on September 21, 2015.
Budgetary and Financial Summary: The following is an overall summary of the proposed budget.
Subtotal Operation and Maintenance: $217,465,476
Subtotal Capital: 86,650,959
Total Proposed Budget: $304,116,435
Attachments:Please bring FY2015-2016 Proposed Budget.
College Station, TX Printed on 9/4/2015Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0445 Name:Appointments
Status:Type:Appointment Agenda Ready
File created:In control:8/6/2015 City Council Regular
On agenda:Final action:9/10/2015
Title:Presentation, possible action, and discussion regarding appointments to:
·Brazos Valley Solid Waste Management Agency
·Bryan-College Station Convention and Visitors Bureau
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding appointments to:
•Brazos Valley Solid Waste Management Agency
•Bryan-College Station Convention and Visitors Bureau
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): None
Summary: Karl Mooney's term on the BVSWMA Board of Directors expires September 30, 2015.
The Council has been requested to appoint a director to serve in that position for a term of three (3)
years, through September 30, 2018.
The terms for Karl Mooney, Scott Shafer, and Peggy Calliham expire September 30, 2015. The
Council has been asked to appoint three directors to the Board for terms of two (2)-years. According
to their bylaws, all three are eligible for re-appointment.
Budget & Financial Summary: None
Attachments: None
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