HomeMy WebLinkAbout02/23/2017 - Regular Agenda Packet - City CouncilCity Council Regular
College Station, TX
Meeting Agenda - Final
City Hall
1101 Texas Ave
College Station, TX 77840
City Hall Council Chambers7:00 PMThursday, February 23, 2017
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation(s):
• Presentation from the Arts Council & Jennifer Chenoweth on her XYZ Atlas Project
• Proclamation to recognize Community Volunteers for National Service Day
Hear Visitors: During this time 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 on the day of the Council meeting. Upon
stepping to the podium the speaker must state their name and city of residence,
including the state of residence if the city is located out of state. Each speaker's
remarks are limited to three minutes. A series of timer lights will change from green to
yellow and an alarm will sound after two and one -half minutes to signal thirty seconds
remaining to conclude the remarks. At three minutes the timer light will change to red
and the final alarm will sound. The speaker must then conclude the remarks. The City
Council will listen and receive the information presented by the speaker, ask staff to
look into the matter, or place the issue on a future agenda. Topics of operational
concerns shall be directed to the City Manager. Comments should not personally
attack other speakers, Council or staff.
Consent Agenda
At the discretion of the Mayor, individuals may be allowed to speak on a Consent
Agenda Item. Individuals who wish to address the City Council on a consent agenda
item not posted as a public hearing shall register with the City Secretary prior to the
Mayor's reading of the agenda item. Registration forms are available in the lobby and
at the desk of the City Secretary.
2. Presentation, possible action and discussion of consent agenda items which
consists of ministerial or "housekeeping " items required by law. Items may be removed
from the consent agenda by majority vote of the Council.
Presentation, possible action, and discussion of minutes for:
·February 9, 2017 Workshop
·February 9, 2017 Regular Meeting
·February 10, 2017 Council Retreat
17-00812a.
Sponsors:Mashburn
Page 1 College Station, TX Printed on 2/17/2017
February 23, 2017City Council Regular Meeting Agenda - Final
WKSHP020917 DRAFT Minutes
RTRT021017 Minutes
RM020917 DRAFT Minutes.docx
Attachments:
Presentation, possible action, and discussion regarding the annual
traffic contact report required by Senate Bill 1074 of the Texas 77th
legislative session.
17-00572b.
Sponsors:McCollum
Cover Letter
2016 Analysis Summary
Attachments:
Presentation, possible action, and discussion on a resolution
authorizing the City Manager or his designees as authorized
officials to execute documents necessary for the submission of a
grant application for Criminal Justice Division funds from the Office
of the Governor to provide funding for 80% of the salary and
benefits for employment of a Crime Victim’s Advocate.
17-00582c.
Sponsors:Norris
Gov CJD Grant CVA Resolution Draft.docxAttachments:
Presentation, possible action, and discussion concerning an
ordinance amending Chapter 1 of the Code of Ordinances of the
City of College Station, TX, by adding section 1-32 “Creation of an
Audit Committee”.
17-00592d.
Sponsors:Elliott
Audit Committee Ordinance.docxAttachments:
Presentation, possible action, and discussion on approval of a
resolution consenting to the City Council of the City of Bryan
providing economic development incentives to ViaSat, Inc.
17-00672e.
Sponsors:Ruiz
Resolution
Exhibit A- Viasat EDA - Executed City of Bryan.pdf
Attachments:
Presentation, possible action, and discussion on a Professional
Services Contract (Contract No. 17300251) with Freese and
Nichols, Inc., in the amount of $4,788,765; for the design, bidding,
and construction phase services associated with the Lick Creek
Wastewater Treatment Plant Capacity Expansion Project and
approval of a resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
17-00692f.
Sponsors:Harmon
Page 2 College Station, TX Printed on 2/17/2017
February 23, 2017City Council Regular Meeting Agenda - Final
Professional Services Contract - A&E - LCWWTP Capacity Expansion - Signed
Project Location Map - LCWWTP Capacity Expansion
Project Rendering - LCWWTP Capacity Expansion
LCWWTP Expansion DRR
Attachments:
Presentation, possible action, and discussion regarding approval of
a change order to Contract 14-239 between the City of College
Station and BerryDunn increasing the contract amount by
$279,500 for additional project management services and
expenses.
17-00702g.
Sponsors:Roper
ERP BerryDunn Change Order 2Attachments:
Presentation, possible action, and discussion regarding approval of
a Resolution authorizing the Mayor to sign an Interlocal Agreement
with the City of Bryan, extending the College Station /Bryan
Extraterritorial Jurisdiction (ETJ) common boundary.
17-00732h.
Sponsors:Simms
00 RES 1 FINAL w/agreement.docxAttachments:
Presentation, possible action, and discussion on approval of the
Semi-Annual Report for Impact Fees 92-01, 97-01, 97-02B, 99-01,
and 03-02.
17-00752i.
Sponsors:Cotter
Semi-Annual Report
Impact Fee Areas Map
Land Use Maps
Attachments:
Presentation, possible action, and discussion regarding approval of
exercising the option in the Building Use Agreement between the
City of College Station and the Arts Council of Brazos to renew the
Use Agreement for one year through March 6, 2018 for the building
located at 2275 Dartmouth Drive.
17-00762j.
Sponsors:Kersten
Amendment to Use Agreement
Arts Council Memo
Attachments:
Presentation, possible action, and discussion regarding approval of
a resolution of support for the Rock Prairie Village, LP application
for 2017, 9% Low Income Housing Tax Credits (LIHTC) through
the process managed by the Texas Department of Housing and
Community Affairs.
17-00792k.
Sponsors:Eller
Page 3 College Station, TX Printed on 2/17/2017
February 23, 2017City Council Regular Meeting Agenda - Final
Rock Prairie Village HTC Support Resolution
Location Map
Attachments:
Regular Agenda
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.· A speaker who wishes to include computer -based information while
addressing the Council must provide the electronic file to the City Secretary by noon of
the Council meeting day when the presentation is planned. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. Upon stepping
to the podium the speaker must state their name and city of residence, including the
state of residence if the city is located out of state. On items related to land use and
those that would directly impact the speaker's residence or neighborhood, the speaker
is encouraged to identify their College Station neighborhood. Each speaker's remarks
are limited to three minutes. A series of timer lights will change from green to yellow
and an alarm will sound after two and one -half minutes to signal thirty seconds
remaining to conclude the remarks. At three minutes the timer light will change to red
and the final alarm will sound. The speaker must then conclude the remarks. After a
public hearing is closed, there shall be no additional public comments. If Council needs
additional information from the general public, some limited comments may be allowed
at the discretion of the Mayor.
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 12, "Unified
Development Ordinance," Section 12-4.2, "Official Zoning Map," of
the Code of Ordinances of the City of College Station, Texas by
changing the zoning district boundaries from R -4 Multi-Family to
MU Mixed-Use for approximately 2.973 acres being Melrose
Subdivision, Block 1, Lot 4, recorded in Volume 2970, Page 211 of
the Official Records of Brazos County, Texas, generally located at
501 Luther Street West, more generally located near the southeast
of Luther Street West and Jones Butler Road.
17-00741.
Sponsors:Paz
Background Information
Aerial and Small Area Map (SAM)
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 12, "Unified
Development Ordinance," Section 12-4.2, "Official Zoning Map," of
the Code of Ordinances of the City of College Station, Texas by
changing the zoning district boundaries from R Rural to MF
Multi-Family for approximately 12 acres being Augustus Babille
17-00772.
Page 4 College Station, TX Printed on 2/17/2017
February 23, 2017City Council Regular Meeting Agenda - Final
Survey, A-75, Brazos County, Texas and being all of the 12 acre
tract described in the deed from Rodrick K. Wolf to Rodrick K. Wolf
and Sharon B. Wolf, as Co-Trustees of the Rick and Sharon Wolf
Revocable Trust, recorded in Volume 13033, Page 235 of the
Official Records of Brazos County, Texas, generally located at
1650 Arrington Road, more generally located south of the
intersection of South Oaks Drive and Arrington Road.
Sponsors:Lazo
Background Information
Aerial and Small Area Map
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Chapter 12, "Unified
Development Ordinance," Section 12-4.2, "Official Zoning Map," of
the Code of Ordinances of the City of College Station, Texas by
changing the zoning district boundaries from R Rural to WC
Wellborn Commercial for approximately one acre being all of Lots
4, 5, 6, and 11, parts of Lots 7, 10, 12, and the 20-foot wide alley,
Block “A”, Benjamin Graham Subdivision as recorded in Volume
12, Page 394 of the Deed Records of Brazos County, Texas, and
being all of the same land described in Tracts One, Two, Three
and Four in the deed form Lillian Ruth Brown and Glenda Mae
Brown Goodman to South Wellborn Ltd ., recorded in Volume 8819,
page 82 of the Official Records of Brazos County, Texas plus the
adjoining 20-foot wide alley in Block A as closed by the Brazos
County Commissioner’s court on September 30, 2008, generally
located at 14973 FM 2154, more generally at the north east
intersection of Wellborn Road and Greens Prairie Road West.
17-00783.
Sponsors:Bullock
Background Information
Aerial and Small Area Map (SAM)
Ordinance
Attachments:
Presentation, possible action, and discussion regarding the
creation of the Spring Creek Local Government Corporation
including adoption of a resolution approving the Certificate of
Formation and Bylaws and appointment of initial directors.
17-00684.
Sponsors:Ruiz
Bylaws of the Spring Creek Local Government Corp final 01 13 17
Certificate of Formation Spring Creek LGC final 01 13 17
Spring Creek Site Map Exhibit A
Attachments:
Page 5 College Station, TX Printed on 2/17/2017
February 23, 2017City Council Regular Meeting Agenda - Final
Page 7 College Station, TX Printed on 2/17/2017
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0081 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:2/13/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion of minutes for:
·February 9, 2017 Workshop
·February 9, 2017 Regular Meeting
·February 10, 2017 Council Retreat
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:WKSHP020917 DRAFT Minutes
RTRT021017 Minutes
RM020917 DRAFT Minutes.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of minutes for:
·February 9, 2017 Workshop
·February 9, 2017 Regular Meeting
·February 10, 2017 Council Retreat
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Approval
Summary: None
Budget & Financial Summary: None
Attachments:
·February 9, 2017 Workshop
·February 9, 2017 Regular Meeting
·February 10, 2017 Council Retreat
College Station, TX Printed on 2/17/2017Page 1 of 1
powered by Legistar™
WKSHP020917 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
FEBRUARY 9, 2017
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Blanche Brick
Jerome Rektorik
Linda Harvell
Barry Moore
Julie Schultz
James Benham (Absent)
City Staff: Student Liaison
Kelly Templin, City Manager Spencer Davis, VP Municipal Affairs
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Tanya McNutt, Deputy City Secretary
Ian Whittenton, Records Management Administrator
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 Mooney at 5:00 p.m. on Thursday, February 9, 2017 in the Council Chambers of the City
of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, and
§551.074-Personnel, the College Station City Council convened into Executive Session at 5:01
p.m. on Thursday, January 26, 2017 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:
Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of
College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos
County, Texas; and
Charlton F. Clayton v. City of College Station; Case: 4:16-cv-03485 in the US District
Court for the Southern District of Texas Houston Division.
WKSHP020917 Minutes Page 2
The Executive Session recessed at 6:00 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.
No items were pulled.
5. Presentation, possible action, and discussion regarding information received in
response to Request for Information 17-013 - Affordable Housing Development and
consideration of City support for one or more applications by housing developers for
the allocation of 2017 9% Low Income Housing Tax Credits (LIHTC) though the
process managed by the Texas Department of Housing and Community Affairs.
Debbie Eller, Director of Community Services, presented the results of a Request for Information
process for affordable housing development in conjunction with additional information on the
consolidated plan and its goals as it relates to affordable housing in College Station. She used
local market statistics and HUD guidelines to illustrate the variation between the market and HUD
fair market rent.
John Guttman, JES Development, gave an overview of JES, its associated companies, and how
they work together to build HUD housing in College Station. He presented a proposed Rock
Prairie Village project which included exterior designs, community features, a unit mix of thirty
one-bedroom and sixty-five two-bedroom units with rents from $237 to $780 per month.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to give support for Request for
Information 17-013 - Affordable Housing Development and consideration of City support for one
or more applications by housing developers for the allocation of 2017 9% Low Inco me Housing
Tax Credits (LIHTC) though the process managed by the Texas Department of Housing and
Community Affairs, with a resolution of support to be brought before council at the next meeting.
6. Presentation, possible action, and discussion regarding the Suburban Commercial
zoning district.
Lance Simms, Director of Planning and Development Services, provided a background and history
on the development of the Suburban Commercial (SC) zoning district. He reviewed sites zoned
SC since adoption, provided an overview of UDO requirements, development limitations related
to SC zoning, and acknowledged the limited development in the SC zoning districts. Council
expressed a desire to have an item on SC zoning at a future Workshop to further evaluate its
requirements and acquire feedback from the community.
7. Council Calendar
WKSHP020917 Minutes Page 3
Council reviewed the calendar.
8. Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-Cmmittee,
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, FBT/Texas Aggies Go to War, 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, YMCA, Youth
Advisory Council, Zoning Board of Adjustments
Councilmember Schultz reported on the Chamber trip to the 85th Legislative Session in Austin.
Councilmember Brick reported on Bicycle, Pedestrians, and Greenways Committee.
Councilmember Harvell reported on the Council Audit Committee and the annual awards banquet
for the Police Department.
9. Adjournment
There being no further business, Mayor Mooney adjourned the workshop of the College Station
City Council at 7:20 p.m. on Thursday, February 9, 2017.
________________________
Karl Mooney, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
RTRT021017 Minutes Page 1
MINUTES OF THE CITY COUNCIL RETREAT
CITY OF COLLEGE STATION
FEBRUARY 10, 2017
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney
Council:
Blanche Brick
Jerome Rektorik
Linda Harvell
Barry Moore
Julie Schultz
James Benham - absent
City Staff:
Kelly Templin, City Manager
Chuck Gilman, Deputy City Manager
Jeff Capps, Assistant City Manager
Jeff Kersten, Assistant City Manager
Aubrey Nettles, Special Projects Coordinator
Carla Robinson, City Attorney
Tanya McNutt, Deputy City Secretary
1. Breakfast
2. Call to Order and Announce a Quorum is Present
With a quorum present, the Retreat of the College Station City Council was called to order by
Mayor Karl Mooney at 8:46 a.m. on Friday, February 10, 2017 in the Thomas G. Hildebrand
Equine Complex (Andras Classroom B) - 3240 F and B Road, College Station, Texas.
3. Introduction and Retreat Process
4. Presentation, possible action and discussion regarding Governance Structure Review.
Ron Cox, consultant, presented an overview of the College Station’s Governance Structure. Mr.
Cox discussed the importance of service and asked what service is and why do we serve? Council
consensus is that service is putting the City above personal needs, listening to the needs of citizens,
RTRT021017 Minutes Page 2
and the safety and welfare of the city. We serve to make a difference, listen to all views, educate
the citizens of how the city works, and to compromise, which entails that we be accessible.
Community Vision
It will forever be a place where Texas and the world comes to learn, live and conduct
business.
Mission
On behalf of the citizens of College Station, home of Texas A&M University, we will
continue to promote and advance the community’s quality of life.
Core Valves
To act out our Mission: health, safety, well-being, excellence in customer service,
citizen involvement and participation.
Organization Values
Respect everyone, deliver excellent service, risk takers, creative, innovative, one city-
one team, personal responsibility, and doing the right thing with integrity, honesty, and
have fun.
Mission Elements
Good governance, financial sustainability, core services and infrastructure,
neighborhood integrity, diverse growing economy, improving mobility, and
sustainable city.
5. Presentation, possible action and discussion regarding the review of progress on the FY
16-18 Strategic Plan.
Ron Cox, consultant, presented an overview of the City’s progress on the FY16-18 Strategic Plan:
Fiscal Year 16
Core Services & Infrastructure
Consider use of impact fees for capital improvements.
Issue a Request for Interest for redevelopment of city hall site.
Adopt an updated Annexation Plan.
Diverse & Growing Economy
Create a board or corporation to help the city facilitate economic development.
Improving Mobility
Consider adopting a new roadway design standard.
Fiscal Year 17
Good Governance
Begin design of new city website.
Core Services and Infrastructure
Begin construction of police facility.
Begin design of new city hall.
Evaluate impact of Birkdale extension
Diverse & Growing Economy
Begin construction of two synthetic fields at Veterans Park and Athletic Complex.
Finalize design of Phase One of Southeast Park.
RTRT021017 Minutes Page 3
Sustainable City
Evaluate the comprehensive plan and identify items that need to be updated.
Fiscal Year 18
Good Governance
Evaluate utility smart meter technology and equipment.
Core Services & Infrastructure
Finish construction of police facility.
Begin construction of new city hall.
Review plan for Fire Station #7.
Diverse & Growing Economy
Begin design of final phase of Veterans Park and Athletic Complex synthetic fields.
Begin construction of Phase One of Southeast Park.
6. Presentation, possible action and discussion regarding Revise Strategic Plan.
Ron Cox, consultant, discussed the City’s Revised Strategic Plan, and identified issues and
challenges.
Council discussed which issues and challenges to incorporate into a Revised Strategic Plan. Mr.
Cox will incorporate the revisions and bring back to staff for Council’s approval at future date.
7. Adjourn.
MOTION: There being no further business, Mayor Mooney adjourned the Retreat of the College
Station City Council at 3:12 p.m. on Friday, February 10, 2017.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
RM020917 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
FEBRUARY 9, 2017
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Blanche Brick
Jerome Rektorik
Linda Harvell
Barry Moore
Julie Schultz
James Benham (Absent)
City Staff: Student Liaison
Kelly Templin, City Manager Spencer Davis, VP Municipal Affairs
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Tanya McNutt, Deputy City Secretary
Ian Whittenton, Records Management Administrator
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 Mooney at 7:29 p.m. on Thursday, February 9, 2017 in the Council Chambers of
the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
1. Pledge of Allegiance, Invocation, consider absence request.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to approve Councilmember
Benham’s absence request. The motion carried unanimously.
Presentation proclaiming February 11, 2017 as 2-1-1 Day.
Mayor Mooney presented the joint proclamation to Peggi Goss, Vice President of Community
Impact for United Way Brazos Valley and proclaimed February 11, 2016 as 2-1-1 Day.
Presentation in Recognition of Collaborative Partnerships in Addressing Housing
Assistance.
RM020917 Minutes Page 2
David Brower, Community Services, provided information on a citizen that was recently assisted
by a joint collaboration between the City and Rebuilding Together BCS. He then introduced Bruce
Boyd with State Farm who presented Steve Godby, Rebuilding Together BCS, with a donation for
$8,900 to continue their work in the community.
Hear Visitors Comments
Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of
Specialist Adolfo C. Carballo.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
January 26, 2017 Workshop
January 26, 2017 Regular Meeting
2b. Presentation, possible action, and discussion regarding approval of Resolution 02-09-17-
2b adding the local government investment pool, LOGIC.
2c. Presentation, possible action, and discussion of Resolution 02-09-17-2c adding the Prime
account in the local government investment pool, TexPool.
2d. Presentation, possible action, and discussion regarding approval of the second renewal
of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide
officiating services for City athletic leagues, programs and tournaments (Contract Number
12 093) in an amount not to exceed $190,000 per year.
2e. Presentation, possible action, and discussion of Resolutions 02-09-17-2e and 02-09-17-2e-
a authorizing the City Manager or his designees as authorized officials to execute documents
necessary for the submission of grant applications for Criminal Justice Division funds from
the Office of the Governor.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda.
The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017-
3858 amending Chapter 12, "Unified Development Ordinance," Section 12 4.2, "Official
Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing
the zoning district boundaries from GC General Commercial and OV Overlay to MF Multi
Family for approximately 10.49 acres being Greens Prairie Center PH 2A, Block 5, Lot 1R
2 and Common Area 6, a subdivision of record in Volume 13733, Page 45, of the Official
Public Records of Brazos County, Texas, generally located south of William D. Fitch
Parkway at the intersection of Arrington Road and Old Arrington Road.
RM020917 Minutes Page 3
Councilmember Moore recused himself from this item.
Jessica Bullock, Planning and Development Services, stated that the property is currently zoned
General Commercial with the Comprehensive Plan Future Land Use and Character Map
designating the property within a growth area allowing for high-density apartments. The purpose
of this request is to rezone from General Commercial to Mutli-Family in compliance with the long-
range plan for the area.
The Planning and Zoning Commission considered this item at their January 19, 2017 meeting, and
voted 5-1 to recommend approval. Staff also recommends approval.
At approximately 8:11 p.m., Mayor Mooney opened the Public Hearing.
Karen Pitts, Nantucket, College Station, submitted written comments and came before Council to
state that she speaks on behalf of the Tracking Roads Advisory Committee and its 232 households
in Nantucket. She stated that they are not opposed to this project if multiple exits besides Arrington
are added to the plan. She also requested that the Council review maps that she has provided and
implement a study of area traffic promptly to help preserve the area’s character.
Joe Guerra, College Station, came before Council in support of the Nantucket neighborhood and
wants to raise awareness about the traffic generation from the development and the developments
that council will consider in the future, which he states will push the roads be yond their capacity
as currently designed.
Marie Wolfe, Nantucket, College Station, came before Council to express concern over the traffic
that she feels will be sent through the neighborhood and request ed the Council consider ways to
mitigate this. She also requested a new area traffic study.
Susan Hardin, Nantucket, College Station, came before Council to state that she moved to the
neighborhood to enjoy a lifestyle that she feels will not be preserved with the proposed
developments and noted her intent to maintain her quality of life by moving out of the ETJ.
Jean Phelps, Nantucket, College Station, stated she is not opposed to this development but wanted
to stress the City’s responsibility to control traffic issues in the present and future because, unlike
individual developers, they have greater control of overall development.
Jeanann Goss, Nantucket, College Station, came before council to express that she does not oppose
this project if the traffic from the property does not exclusively outlet onto Arrington Road. She
believes that two factors contribute to Nantucket being heavily traveled: the single entrance to
Indian Lakes; and that Arrington is partially county and partially city.
Mary Lou Price, Nantucket, College Station, believes that connecting Old Arrington to Greens
Prairie will alleviate traffic issues from this complex, but also believes that an area-wide traffic
study is necessary to aide in planning for future developments and believes that the subsequent
proposals should be tabled until it can be completed.
RM020917 Minutes Page 4
There being no further comments, the Public Hearing was closed at 8:33 p.m.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted five (5) for and none (0) opposed, with Councilmember Moore
abstaining, to adopt Ordinance 2017-3858 amending Chapter 12, "Unified Development
Ordinance," Section 12 4.2, "Official Zoning Map," of the Code of Ordinances of the City of
College Station, Texas by changing the zoning district boundaries from GC General Commercial
and OV Overlay to MF Multi Family for approximately 10.49 acres being Greens Prairie Center
PH 2A, Block 5, Lot 1R 2 and Common Area 6, a subdivision of record in Volume 13733, Page
45, of the Official Public Records of Brazos County, Texas, generally located south of William D.
Fitch Parkway at the intersection of Arrington Road and Old Arrington Road. The motion carried
unanimously.
2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017-
3859 amending the Comprehensive Plan Future Land Use & Character Map from Suburban
Commercial to Urban for approximately 6.3 acres generally located at northeast intersection
of Crescent Pointe Parkway and Copperfield Parkway.
Jenifer Paz, Planning and Development Services, stated that the purpose of this request is to amend
the future land use from Suburban Commercial to Urban designation on the Comprehensive Plan
Future Land Use and Character Map in order to rezone the property to allow for townhome
development on 6.3 acres located northeast of Copperfield Parkway and Crescent Pointe Parkway.
If the amendment is approved the rezoning will take place on the following item.
Staff recommends approval.
The Planning and Zoning Commission considered this item at their January 19, 2017 meeting and
voted 6-0 to recommend approval.
At approximately 9:03 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:03 p.m.
MOTION: Upon a motion made by Councilmember Moore and a second by Councilmember
Schultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2017-3859
amending the Comprehensive Plan Future Land Use & Character Map from Suburban Commercial
to Urban for approximately 6.3 acres generally located at northeast intersection of Crescent Pointe
Parkway and Copperfield Parkway. The motion carried unanimously.
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017-
3860 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 O Office to T Townhomes for approximately 6.3 acres
being situated in the J.W. Scott Survey, Abstract No. 49, College Station, Brazos County,
Texas, and being part of the 137.1386 acre tract described in the deed from College Main
Apartments, Ltd., to Crescent Point, Ltd., recorded in Volume 5115, Page 10 of the Official
RM020917 Minutes Page 5
Records of Brazos County, Texas, generally located at near the northeast intersection of
Crescent Pointe Parkway and Copperfield Parkway.
Jenifer Paz, Planning and Development Services, stated that the purpose of this item is to request
rezone from Office to Townhouse.
Staff recommends approval.
The Planning and Zoning Commission considered this item at the January 19, 2017 meeting and
voted 6-0 to recommend approval.
At approximately 9:06 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:06 p.m.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2017-3860
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 O Office to T Townhomes for approximately 6.3 acres being situated in the J.W.
Scott Survey, Abstract No. 49, College Station, Brazos County, Texas, and being part of the
137.1386 acre tract described in the deed from College Main Apartments, Ltd., to Crescent Point,
Ltd., recorded in Volume 5115, Page 10 of the Official Records of Brazos County, Texas, generally
located at near the northeast intersection of Crescent Pointe Parkway and Copperfield Parkway.
The motion carried unanimously.
4. Public Hearing, presentation, possible action, and discussion approving Ordinance 2017-
3861 vacating and abandoning a 2,172 Square Foot Public Utility Easement lying within Lots
6 10, Block 4 of Tauber Addition and a 1,350 Square Foot Public Utility Easement lying
within Lots 13 15, Block 4 of Tauber Addition, according to the plat recorded in Volume 133,
Page 182, of the Deed Records of Brazos County, Texas.
Erika Bridges, Planning and Development Services, stated that these two public utility easement
abandonments accommodate the design of a new multi-family residential development in
Northgate. As a condition of the abandonments, existing public infrastructure within the easements
will need to be removed and relocated with site development and additional easements dedicated
as needed
Staff recommends approval.
At approximately 9:09 p.m., Mayor Mooney 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 Rektorik and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2017-3861
RM020917 Minutes Page 6
vacating and abandoning a 2,172 Square Foot Public Utility Easement lying within Lots 6 10,
Block 4 of Tauber Addition and a 1,350 Square Foot Public Utility Easement lying within Lots 13
15, Block 4 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the
Deed Records of Brazos County, Texas. The motion carried unanimously.
5. Presentation, possible action, and discussion on a nomination to the RELLIS External
Advisory Council.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to nominate Mayor Mooney to
the RELLIS External Advisory Council.
6. Presentation, possible action, and discussion on future agenda items and review of
standing list of Council generated agenda items: A Council Member may inquire about a
subject for which notice has not been given. A statement of specific factual information or
the recitation of existing policy may be given. Any deliberation shall be limited to a proposal
to place the subject on an agenda for a subsequent meeting.
Councilmember Schultz requested an item reviewing the requirement for bike racks.
Councilmember Harvell requested an item reviewing the requirement for trees in new
developments. Justin Golbabai, Planning Administrator, Planning and Development Services,
informed the council that this requirement is currently being review for potential modification
under the Plan of Work for 2016.
7. Adjournment.
There being no further business, Mayor Mooney adjourned the Regular Meeting of the City
Council at 9:15 p.m. on Thursday, February 9, 2017.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0057 Name:Traffic Contact Report
Status:Type:Report Consent Agenda
File created:In control:1/31/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion regarding the annual traffic contact report required by
Senate Bill 1074 of the Texas 77th legislative session.
Sponsors:Scott McCollum
Indexes:
Code sections:
Attachments:Cover Letter
2016 Analysis Summary
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding the annual traffic contact report required by Senate Bill 1074 of the
Texas 77th legislative session.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s):
This item is presented according to statutory requirements. Staff requests Council’s acceptance of this report.
Summary:
Each year, in an effort to remain transparent to our community, the Police Department employs an independent consultant
to analyze traffic contact data and develop this report. The report indicates that the department is in compliance with state
law and continues to employ best practice strategies.
Since January 1, 2002, the College Station Police Department, in accordance with the Texas Racial Profiling Law (SB No.
1074), has been required to implement and maintain policy and procedures to satisfy the requirements of the law. This
report indicates that we are in compliance with the law.
Budget & Financial Summary: N/A
Attachments:
Cover letter to City Council- Dr. Alex del Carmen
Summary of Analysis- Dr. Alex del Carmen
A full copy of the 2016 Annual Traffic Contact Report can be viewed in the City Secretary's Office
College Station, TX Printed on 2/17/2017Page 1 of 1
powered by Legistar™
January 20, 2017
College Station City Council
College Station, Texas 77842
Dear Distinguished Members of the City Council,
The Texas Legislature, with the intent of addressing the issue of racial profiling in
policing, enacted in 2001 the Texas Racial Profiling Law. Since then, the College Station Police
Department, in accordance with the law, has collected and reported traffic and motor vehicle-
related contact data for the purpose of identifying and addressing (if necessary) areas of concern
regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling
Law was modified and additional requirements are now in place. These most recent requirements
have been incorporated by the College Station Police Department and are also being addressed in
this report.
This particular report contains three sections with information on traffic and motor
vehicle- related contact data. In addition, when appropriate, documentation is also a component
of this report, aiming at demonstrating the manner in which the College Station Police
Department has complied with the Texas Racial Profiling Law. In section 1, you will find the
table of contents in addition to the Texas Senate Bill (SB1074); which later became the Texas
Racial Profiling Law. In addition, you will find the Texas HB 3389, which, in 2009, introduced
new requirements relevant to racial profiling. Also, in this section, a list of requirements relevant
to the Racial Profiling Law as established by TCOLE (Texas Commission on Law Enforcement)
is included. In addition, you will find, in sections 2 and 3 documentation which demonstrates
compliance by the College Station Police Department relevant to the requirements as established
in the Texas Racial Profiling Law. That is, you will find documents relevant to the
implementation of an institutional policy banning racial profiling, the incorporation of a racial
profiling complaint process and the training administered to all law enforcement personnel.
The last section of this report provides statistical data relevant to contacts, made during
the course of motor vehicle stops, between 1/1/16 and 12/31/16. In addition, this section contains
the TCOLE Tier 1 form, which is required to be submitted to this particular organization by
March 1st of each year. The data in this report has been analyzed and compared to data derived
from the U.S. Census Bureau’s Fair Roads Standard. The final analysis and recommendations
are also included in this report. The findings in this report serve as evidence of the College
Station Police Department’s commitment to comply with the Texas Racial Profiling Law.
Sincerely,
Alex del Carmen, Ph.D.
Del Carmen Consulting, LLC
Analysis
In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial
Profiling Law. That is, the law came into effect on January 1, 2002 and required all police
departments in Texas, to collect traffic-related data and report this information to their local
governing authority by March 1st of each year. In 2009, the racial profiling law was modified to
include the collection and reporting of all motor vehicle related contacts where a citation was
issued or arrest made. In addition, the modification to the law further requires that all police
officers indicate whether or not they knew the race or ethnicity of the individual before detaining
them. Further, it is required that agencies report motor vehicle related data to their local
governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1st
of each year. The purpose in collecting and presenting this information is to determine if police
officers in a particular municipality are engaging in the practice of racially profiling minority
motorists.
The Texas Racial Profiling Law also requires police departments to interpret motor
vehicle-related data. Even though most researchers would probably agree with the fact that it is
within the confines of good practice for police departments to be accountable to the citizenry
while carrying a transparent image before the community, it is very difficult to determine if
individual police officers are engaging in racial profiling, from a review and analysis of
aggregate/institutional data. In other words, it is challenging for a reputable researcher to
identify specific “individual” racist behavior from aggregate-level “institutional” data on traffic
or motor vehicle-related contacts.
As stated previously, in 2009, the Texas Legislature passed House Bill 3389, which
modified the existing Racial Profiling Law by adding new requirements; this took effect on
January 1st, 2010. These most recent changes include, but are not exclusive of, the re-definition
of a contact to include motor vehicles where a citation was issued or an arrest made. In addition,
it requires police officers to indicate if they knew the race or ethnicity of the individual before
detaining them. Also, the more recent law requires adding "middle eastern" to the racial and
ethnic category and submitting the annual data report to TCOLE before March 1st of each year.
I am pleased to inform you that these additional requirements have been addressed, since 2009,
by the College Station Police Department as it is demonstrated throughout this report.
In an effort to comply with The Texas Racial Profiling Law, the College Station Police
Department commissioned the analysis of its 2016 motor vehicle contact data. Thus, two
different types of data analyses were performed. The first of these involved a careful evaluation
of the 2016 motor vehicle-related data. This particular analysis measured, as required by the
law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native
Americans, Middle Easterners and individuals belonging to the “other” category, that came in
contact with the police in the course of a motor vehicle related contact, and were either issued a
citation or arrested. Further, the analysis included information relevant to the number and
percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or
probable cause). Also, the data analysis included the number and percentage of individuals who,
after they came in contact with the police for a motor vehicle-related reason, were arrested.
The additional data analysis performed was based on a comparison of the 2016 motor
vehicle contact data with a specific baseline. When reviewing this particular analysis, it should
be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used
when analyzing motor vehicle-related contact information. Of the baseline measures available,
the College Station Police Department opted to adopt, as a baseline measure, the Fair Roads
Standard. This particular baseline is based on data obtained through the U.S. Census Bureau
(2010) relevant to the number of households that have access to vehicles while controlling for
the race and ethnicity of the heads of households.
It is clear that census data presents challenges to any effort made at establishing a fair and
accurate racial profiling analysis. That is, census data contains information on all residents of a
particular community, regardless of the fact they may or may not be among the driving
population. Further, census data, when used as a baseline of comparison, presents the challenge
that it captures information related to city residents only. Thus, excluding individuals who may
have come in contact with the College Station Police Department in 2016 but live outside city
limits. In some cases, the percentage of the population that comes in contact with the police but
lives outside city limits represents a substantial volume of all motor vehicle-related contacts
made in a given year.
Since 2002, several civil rights groups in Texas expressed their desire and made
recommendations to the effect that all police departments should rely, in their data analysis, on
the Fair Roads Standard. This source contains census data specific to the number of
“households” that have access to vehicles. Thus, proposing to compare “households” (which
may have multiple residents and only a few vehicles) with “contacts” (an individual-based
count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite
this, the College Station Police Department made a decision that it would use this form of
comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate
its “good will” and “transparency” before the community. Thus, the Fair Roads Standard data
obtained and used in this study is specifically relevant to College Station.
Tier 1 (2016) Motor Vehicle-Related Contact Analysis
When analyzing the Tier 1 data collected in 2016, it was evident that most motor vehicle-
related contacts were made with Caucasian drivers. This was followed by Hispanic and African
American drivers. With respect to searches, most of them were performed on Caucasian drivers.
This was followed by African Americans and Hispanics. It is important to note that the arrest
data revealed that Caucasian drivers were arrested the most in motor vehicle-related contacts;
this was followed by African Americans and Hispanics.
Fair Roads Standard Analysis
The data analysis of motor vehicle contacts to the census data relevant to the number of
“households” in College Station who indicated, in the 2010 census, that they had access to
vehicles, produced interesting findings. Specifically, the percentage of individuals of African
American and Hispanic descent that came in contact with the police was higher than the
percentage of African American and Hispanic households in College Station that claimed, in the
2010 census, to have access to vehicles. With respect to Caucasians and Asians, a lower
percentage of contacts were detected. That is, the percentage of Caucasian and Asian drivers
that came in contact with the police in 2016 was lower than the percentage of Caucasian and
Asian households in College Station with access to vehicles.
Summary of Findings
The comparison of motor vehicle contacts showed that the College Station Police
Department came in contact (in motor vehicle-related incidents) with a smaller percentage of
Caucasian and Asian drivers than the percentage that resided in College Station and had access
to vehicles. Further, the data suggested that the percentage of African American and Hispanic
drivers that came in contact with the police in 2016 was higher than the percentage of African
American and Hispanic households in College Station with access to vehicles. In addition, the
data showed that in a large number of instances, officers did not know the race or ethnicity of
individuals before detaining them, when compared to instances where officers knew the
race/ethnicity of individuals before they were detained.
While considering the findings made in this analysis, it is recommended that the College
Station Police Department should continue to collect and evaluate additional information on
motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which
may prove to be useful when determining the nature of the contacts police officers are making
with all individuals; particularly with African Americans and Hispanics. Although this
additional data may not be required by state law, it is likely to provide insights regarding the
nature and outcome of all motor vehicle contacts made with the public.
As part of this effort, the College Station Police Department is also encouraged to:
1) Perform an independent search analysis on the search data collected in the first
quarter of 2017.
2) Commission data audits in 2017 in order to assess data integrity; that is, to ensure
that the data collected is consistent with the data being reported.
The College Station Police Department has, once again, complied with the Texas Racial
Profiling Law.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0058 Name:Crime Victim Assistance Grant Resolution
Status:Type:Resolution Consent Agenda
File created:In control:1/31/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion on a resolution authorizing the City Manager or his
designees as authorized officials to execute documents necessary for the submission of a grant
application for Criminal Justice Division funds from the Office of the Governor to provide funding for
80% of the salary and benefits for employment of a Crime Victim’s Advocate.
Sponsors:Brandy Norris
Indexes:
Code sections:
Attachments:Gov CJD Grant CVA Resolution Draft.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a resolution authorizing the City Manager or his
designees as authorized officials to execute documents necessary for the submission of a grant
application for Criminal Justice Division funds from the Office of the Governor to provide funding for
80% of the salary and benefits for employment of a Crime Victim’s Advocate.
Relationship to Strategic Goals:
·Financially Sustainable City
Recommendation(s): Staff recommends approval
Summary:
The CJD's mission is to create and support programs that protect people from crime, reduce the
number of crimes committed, and to promote accountability, efficiency, and effectiveness within the
criminal justice system. CJD focuses on the enhancement of Texas' capacity to prevent crime,
provide service and treatment options, enforce laws, train staff and volunteers and the restoration of
crime victims to full physical, emotional and mental health.
This CJD grant will provide 80% of funding for an employee’s salary and benefits for the employment
of a Crime Victim’s Advocate. The Crime Victim’s Advocate will be able to respond to the emotional
and physical needs of crime victims, assist in victim stabilizing their lives, and provide the victims with
safety and security.
College Station, TX Printed on 2/17/2017Page 1 of 2
powered by Legistar™
File #:17-0058,Version:1
The local match requirement for this CJD grant is 20% of the total project cost, either through cash or
in-kind contributions, and is for a period not to exceed 24 months.
Budget & Financial Summary: The grant will provide $74,508.00 toward salary, benefits and
equipment. The city will be required to provide $18,627.00 to meet the match requirement. If the
grant is approved, this amount will be requested through an SLA.
Attachments:
Resolution for Crime Victim Advocate Grant Submission
College Station, TX Printed on 2/17/2017Page 2 of 2
powered by Legistar™
RESOLUTION NO._______________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TO
AUTHORIZE THE CITY MANAGER OR HIS DESIGNEES TO EXECUTE
DOCUMENTS NECESSARY FOR THE SUBMISSION OF THE CRIME VICTIM
ADVOCATE APPLICATION FOR THE OFFICE OF THE GOVERNOR CRIMINAL
JUSTICE DIVISION (CJD) FUNDS ON BEHALF OF THE CITY AND TO ACT ON ITS
BEHALF WITH RESPECT TO ANY ISSUES THAT MAY ARISE DURING
PROCESSING OF SAID APPLICATION.
WHEREAS, the College Station City Council has expressed commitment to providing for the
health and safety of its citizens; and
WHEREAS, the College Station City Council is dedicated to seeking efficient and effective
means to reduce crime, care for victims, recover evidence; and
WHEREAS, the Office of the Governor has issued a Request for Applications for CJD funding
to reduce crime and improve the criminal justice system; and
WHEREAS, the eligible activities under CJD are consistent with the strategies identified in the
College Station Police Department’s Operational Plan; and
WHEREAS, eligible activities under CJD can be expected to enhance the College Station Police
Department’s Victim Advocacy program; and
WHEREAS, the City Council acknowledges the Crime Victim Advocate grant requires the City
of College Station to pay a 20% match and any maintenance costs on equipment or future expenses
now, therefore,
BE IT RESOLVED by the College Station City Council hereby approves the submission of the
Crime Victim Advocate grant application to the Office of the Governor, Criminal Justice Division.
PART 1: That the City Council hereby authorizes the City Manager or his designees as
authorized officials to execute documents necessary for the submission of the
Crime Victim Advocate Grant application, with Application Number 3260301, for
CJD funds to the Office of the Governor on behalf of the City of College Station
and to act on its behalf with respect to any issues that may arise during processing
of said application.
PART 2: That the City Manager or his designees as authorized officials are given the power
to apply for, accept, reject, alter or terminate the Crime Victim Advocate Grant
documents on behalf of the City of College Station.
Resolution No._____________ Page 2 of 2
PART 3: That the City of College Station agrees in the event of loss or misuse of the Criminal
Justice Division funds, the City of College Station assures the funds will be returned
to the Criminal Justice Division in full.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this _____day of_______________________, 2017.
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:117-0059 Name:Audit Committee Ordinance
Status:Type:Ordinance Consent Agenda
File created:In control:2/1/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion concerning an ordinance amending Chapter 1 of the
Code of Ordinances of the City of College Station, TX, by adding section 1-32 “Creation of an Audit
Committee”.
Sponsors:Ty Elliott
Indexes:
Code sections:
Attachments:Audit Committee Ordinance.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion concerning an ordinance amending Chapter 1 of the
Code of Ordinances of the City of College Station, TX, by adding section 1-32 “Creation of an Audit
Committee”.
Summary:According to the Association of Local Government Auditors (ALGA), audit committee
members should: be independent of management, be collectively knowledgeable about financial
matters and government, have the authority and resources to seek outside expertise when
necessary, and have staggered terms to ensure continuity. The attached ordinance furthers these
recommendations through the codification of the audit committee’s structure and duties.
On November 21, 2016, the City Internal Auditor presented recommended changes to the current
Audit Committee structure. At this meeting, our Office was unanimously given direction to change the
structure of the Audit Committee so it is comprised of three City Council members with full voting
rights and two accounting or auditing professionals who would serve in a non-voting, advisory
capacity. All members of the committee would be citizens of College Station and the Mayor would
serve as Committee Chair.
Taking this direction, the Office of the Internal Auditor then presented the attached ordinance to the
current Audit Committee on January 31, 2017. At that time, the Audit Committee unanimously
recommended the Ordinance to the full City Council.
Recommendations:Recommended by the current Audit Committee unanimously.
College Station, TX Printed on 2/17/2017Page 1 of 1
powered by Legistar™
ORDINANCE NO. ___________
AN ORDINANCE AMENDING CHAPTER 1, “GENERAL PROVISIONS”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION 1-
32 “CREATION OF AN AUDIT COMMITTEE”, AS SET OUT BELOW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 1, “General Provisions”, of the Code of Ordinances of the City of
College Station, Texas, be amended by adding Section 1-32 “Creation of an Audit
Committee”, 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 said Ordinance becomes effective upon passage by the City Council.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2017.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
ORDINANCE NO.__________________ Page 2
EXHIBIT “A”
That Chapter 1, “General Provisions” of the Code of Ordinances of the City of College Station,
Texas, is hereby amended by adding Section 1-32 “Creation of an Audit Committee”, as set out
hereafter to read as follows:
Section 1-32. - Creation of an Audit Committee.
A standing committee to be known as the Audit Committee is hereby created.
A. Purpose.
To ensure independence of the audit function, an Audit Committee is hereby established for the
purpose of assisting the City Council in fulfilling their governance and oversight responsibility.
B. Membership and Term.
Membership and term of the Audit Committee.
(1) The Audit Committee shall consist of three (3) voting members from the City
Council and up to two (2) College Station citizen members who serve in a non -
voting, advisory capacity. The Mayor shall be an ex officio member and chair, with
full voting rights. The City Council shall appoint two (2) additional City Council
members to serve on the Audit Committee with full voting rights. If deemed
necessary by the City Council, the City Council may also appoint up to two (2)
College Station citizens with a background in accounting, finance or auditing to sit
on the committee in a non-voting, advisory capacity.
(2) Of the two (2) other committee members with voting rights, not including the
Mayor, one Council member shall be appointed for a term expiring on January 31,
2018; the other Council member shall be appointed for a term expiring on January
31, 2019. Thereafter, voting members shall be appointed for two-year terms or
until their successors are appointed. Vacancies shall be filled by the City Council
for the unexpired terms of any member whose term becomes vacant.
(3) If appointed, the term lengths for citizens appointed to serve in the non-voting
advisory capacity on the committee shall follow the staggered term lengths of the
voting members of the committee.
(4) Two (2) voting members shall constitute a quorum for transaction of business. Any
recommendation or decision which does not receive a majority of positive votes
shall be deemed a negative report. The Audit Committee shall keep minutes of its
ORDINANCE NO.__________________ Page 3
proceedings, showing the vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be public record.
C. Meetings, Duties, and Responsibilities.
The Audit Committee shall meet as needed to perform its duties, but shall not meet less than once
quarterly. The duties and responsibilities of the Audit Committee shall include those as listed
below. The Audit Committee shall also carry out other duties and responsibilities as may be
assigned by the City Council.
(1) Reviewing the City Internal Auditor’s audit plan annually;
(2) Performing regular evaluations of the City audit function and making
recommendations to the City Council;
(3) Providing suggestions and comments for the annual audit plan;
(4) Monitoring follow-up on reported findings to assure corrective action is taken by
management; and
(5) Making recommendations to the City Council for the selection of the firm
conducting the annual financial statement audits.
D. Audit Function, Scope, and Oversight.
The City Council directs the Audit Committee to oversee the City Internal Auditor’s financial and
performance audits of all departments, offices, boards, activities, outside agencies and programs
of the City. Such audits shall be conducted in accordance with recognized government auditing
standards. The goals of such audits are to independently and objectively determine whether:
(1) Activities and programs being implemented have been authorized by government
Charter or Code, state law or applicable federal law or regulations , and are being
conducted and funds expended in compliance with applicable laws;
(2) The department, office, or outside agency is acquiring, managing, protecting, and
using its resources, including public funds, personnel, property, equipment, and
space, economically, efficiently, equitably, and effectively and in a manner
consistent with the objectives intended by the authorizing entity or enabling
legislation;
(3) The entity, programs, activities, functions, or policies are effective, including the
identification of any causes of inefficiencies or uneconomical practices;
(4) The desired result or benefits are being achieved;
(5) Financial and other reports are being provided that disclose fairly, accurately, and
fully all information required by law, to ascertain the nature and scope of programs
and activities, and to establish a proper basis for evaluating the programs and
activities including the collection of, accounting for, and depositing of, revenues
and other resources;
ORDINANCE NO.__________________ Page 4
(6) Management has established adequate operating and administrative procedures and
practices, systems or accounting internal control systems and internal management
controls;
(7) Indications of fraud, abuse or illegal acts are valid and need further investigation;
and
(8) Any additional audit-related goals as assigned by the City Council.
E. Audit Schedule.
Audit Committee shall review and comment on the annual City Internal Auditor’s one-year audit
schedule. The schedule shall include the proposed plan, and the rationale for the selections, for
auditing departments, offices, boards, activities, subcontractors and outside agencies for the
period. This schedule may be amended after review with the Audit Committee and City Council.
F. Contract Auditors, Consultants, and Experts.
Subject to City Council approval, the Audit Committee may direct the City Internal Auditor to
obtain the services of Certified Public Accountants, qualified management consultants, or other
professional experts necessary to perform audit work, other than the City’s annual audit. An audit
that is performed by contract must be conducted by persons who have no financial interests in the
affairs of the City of College Station or its officers. As directed by the Audit Committee, the City
Internal Auditor will coordinate and monitor auditing performed by certified public accounting
firms or other organizations employed under contract by the City of College Station to assist with
audit related activities. Contracting for the external audit will follow City of College Station’s
normal contracting processes except for the participation and oversight by the Audit Committee
and City Internal Auditor.
G. Annual Report.
The Audit Committee may require the City Internal Auditor to prepare and submit an annual report
to the City Council indicating audits completed, major findings, corrective actions taken by
administrative managers, and significant issues which have not been fully addressed by
management.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0067 Name:Resolution consenting to the City Council of the City
of Bryan providing economic development
incentives to ViaSat, Inc
Status:Type:Resolution Consent Agenda
File created:In control:2/7/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion on approval of a resolution consenting to the City
Council of the City of Bryan providing economic development incentives to ViaSat, Inc.
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:Resolution
Exhibit A- Viasat EDA - Executed City of Bryan.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on approval of a resolution consenting to the City
Council of the City of Bryan providing economic development incentives to ViaSat, Inc.
Relationship to Strategic Goals:
·Financially Sustainable City
·Diverse Growing Economy
Recommendation: Staff recommends approval of the resolution.
Summary: The Cities of Bryan and College Station entered into an Interlocal Agreement and Joint
Development Agreement in 2011 for the Biocorridor area generally located in the northeast quadrant
of the State Highway 47 and Raymond Stotzer Parkway intersection. Both cities agreed to share in a
portion of ad valorem tax revenue assessed and collected against real property, improvements and
tangible personal property development in the Biocorridor. As provided for in the agreement, both
cities must consent to the other offering economic incentives within the Biocorridor. The City of
College Station approved an economic development agreement with Viasat, Inc. on November 10,
2016. The City of Bryan approved the attached agreement with ViaSat, Inc. along with a Resolution
consenting to College Station's agreement on December 13, 2016. Approving this resolution is the
last step to finalizing the economic incentives agreed to by both cities.
Background: Viasat, Inc. is an existing company in the Bryan/College Station area with
approximately 130 full-time employees in the State of Texas with a payroll of approximately
$7,600,000. The economic incentives provided by both cities allows for the expansion of the
College Station, TX Printed on 2/17/2017Page 1 of 2
powered by Legistar™
File #:17-0067,Version:2
company into a new facility located within the Biocorridor. The new facility is on approximately 9
acres with a new 85,000 square foot building. The new real and personal property investment is
approximately $20,000,000 with a minimum Brazos County Appraisal District property valuation of
$15,000,000 by January 1, 2019. By the end of the second year following completion of construction,
Viasat, Inc. will add a minimum of 150 new full time jobs with an average annual salary of $64,000.
The minimum total of 280 full time job equivalents will exist on the property for a total of five years
from the date of completion of construction. In addition, the current payroll of $7,600,000 will
increase by $9,600,000 for a total annual payroll of $17,200,000. In exchange, Viasat, Inc. will
receive an annual cash incentive for a term of six years equal to the ad valorem taxes assessed and
paid not to exceed a maximum of $450,000. The cash incentive value is estimated as follows:
Year 1 = 80% of ad valorem taxes
Year 2 = 60% of ad valorem taxes
Year 3 = 40% of ad valorem taxes
Year 4 = 30% of ad valorem taxes
Year 5 = 20% of ad valorem taxes
Year 6 = 10% of ad valorem taxes
Budget & Financial Summary: The cash incentive offered is based upon the additional ad valorem
tax value generated and paid by ViaSat, Inc.
Legal Review: Yes.
Attachments:
Resolution
City of Bryan Economic Development Agreement
College Station, TX Printed on 2/17/2017Page 2 of 2
powered by Legistar™
1
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, CONSENTING TO THE CITY COUNCIL OF THE CITY OF BRYAN
PROVIDING ECONOMIC DEVELOPMENT INCENTIVES TO A BUSINESS PROSPECT
LOCATED IN THE JOINT RESEARCH VALLEY BIOCORRIDOR DEVELOPMENT
PROJECT.
WHEREAS, the City of College Station, Texas, and the City of Bryan, Texas entered into an
agreement (ILA) which sets forth the understandings and obligations of the Cities with respect to
certain infrastructure projects and a joint economic development program known as the Joint
Research Valley BioCorridor Development Project; and
WHEREAS, the promotion of the expansion of existing businesses within the Cities and the
recruitment of new business enterprises to the Cities will promote economic development,
stimulate commercial activity, generate additional sales tax and will enhance the property tax base
and economic vitality of the Cities; and
WHEREAS, the ILA requires joint approval of all economic development incentives to business
prospects or development within the Joint Research Valley BioCorridor Development Project;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby consents to the City Council of the City of Bryan
providing economic development incentives to ViaSat, Inc. as shown in Exhibit A
(attached).
PART 2: That the City Council’s consent in this Resolution shall serve as written approval
for the purposes of the ILA.
PART 3: That this resolution shall take effect immediately from and after its passage.
ADOPTED this _______ day of ________________________, A.D. 2017
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary MAYOR
APPROVED:
_______________________________
City Attorney
CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF BRYAN AND VIASAT,INC.
This Chapter 380 Economic Development Agreement (this "Agreement") is entered into by and
between the CITY OF BRYAN, TEXAS, a home-rule municipal corporation organized under the
laws of Texas (hereinafter referred to as "CITY"), and VIASAT, INC., a Delaware corporation
hereinafter referred to as 'COMPANY").
WHEREAS, CITY is authorized and empowered under applicable Texas laws pertaining to economic
development to aid in the development of commercial enterprises and redevelopment projects within
the geographic boundaries of CITY and its extraterritorial jurisdiction by offering economic and other
incentives to prospective new, developing and expanding businesses pursuant to TEXAS LOCAL
GOVERNMENT CODE, Chapter 380; and
WHEREAS, CITY desires to stimulate business and commercial activity in the Research Valley
Biocorridor (hereinafter referred to as the 'Biocorridor") located in both the cities of Bryan and College
Station under the Joint Research Valley Biocorridor Development Project; and
WHEREAS, CITY actively seeks economic development prospects in the Biocorridor through
participation in and establishment of an economic development program; and
WHEREAS, COMPANY is purchasing property located within the Biocorridor to have
developed commercially for its use as a research and manufacturing site; and
WHEREAS, CITY and the City of College Station entered into an Interlocal Cooperation and Joint
Development Agreement on December 15, 2011 (hereinafter referred to as the "Joint Agreement"), in
which the two cities agree to revenue share an amount equal to certain portion of ad valorem tax
revenue assessed and collected against real property, improvements and tangible personal property
developed in the Biocorridor; and
WHEREAS, CITY considers COMPANY to be a qualified economic development prospect under
the Joint Agreement that will add capital investment, create new jobs in the community,
promote local economic development and stimulate business and commercial activity, thus furthering the
objectives of the City and its economic development program; and
WHEREAS, in consideration of COMPANY's operation of its business within the Biocorridor and in
accordance with the performance measures set forth herein, CITY agrees to grant to COMPANY
incentives as set out herein; and
WHEREAS, to ensure that the benefits CITY provides under this Agreement are utilized in a manner
consistent with TEXAS LOCAL GOVERNMENT CODE, Chapter 380 and other law, COMPANY
agrees to comply with certain conditions for receiving those benefits, including conditions relating to
property development,job creation and business operations; and
WHEREAS, as of December 31, 2015, COMPANY had approximately 130 full-time employees
in the State of Texas, and COMPANY's calendar year 2015 payroll reported to the Texas Workforce
Commission for all full-time employees (some of whom were hired during 2012) was $7,600,000.00;
and
RESOLUTION NO. _______EXHIBIT A Page 2 of 33
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and promises
hereinafter set forth, CITY and COMPANY (each a "Party," collectively, the "Parties") represent and
agree as follows:
Article I
Definitions
Wherever used in this Agreement,the following terms shall have the meanings ascribed to them:
Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is
under common control with COMPANY, during the term of such control. A person or entity will be
deemed to be "controlled" by any other person or entity if such other person or entity (a) possesses,
directly or indirectly, power to direct or cause the direction of the management of such person or
entity whether by contract or otherwise; (b) has direct or indirect ownership of at least fifty percent
50%) of the voting power of all outstanding shares entitled to vote at a general election of directors
of the person or entity; or (c) has direct or indirect ownership of at least fifty percent (50%) of the
equity interests in the entity.
Base Year Taxable Value" shall mean the Taxable Value for the Property for the year in which this
Agreement is executed.
Cash Incentive" shall mean that amount of money to be reimbursed annually by CITY to COMPANY as
a grant herein calculated upon a percentage of ad valorem taxes assessed for a specified year for the
Property, Improvements and Tangible Personal Property in accordance with the terms of this Agreement.
Completion of Construction" shall mean: (i) substantial completion of the Improvements; and (ii) a
final certificate of occupancy has been issued for the all of the Improvements.
Effective Date" shall mean the date upon which this Agreement is fully executed by all Parties,
unless the context indicates otherwise.
FTE" shall mean any person who is an employee of COMPANY or an Affiliate(excluding temporary or
seasonal employees) who is on the payroll in a budgeted position and has an officially scheduled work
week of thirty-five (35) hours or more, works at the Property for COMPANY, and who according to
COMPANY or Affiliate COMPANY policy is entitled to full benefits as a full-time employee.
First year of Cash Incentive(s)" shall mean the first calendar year immediately following the date of
Completion of Construction.
Force Majeure" shall mean any contingency or cause beyond the reasonable control of a Party
including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by acts or
omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages.
Gross Payroll" shall mean the sum of the payroll numbers that COMPANY or an Affiliate reports to
the Texas Workforce Commission quarterly for FTEs for the four preceding consecutive calendar
quarters ending on or prior to a date of measurement under this Agreement.
Improvements" shall mean the approximately 85,000 square foot facility to be constructed on the
Property and other ancillary facilities such as reasonably required parking and landscaping all
RESOLUTION NO. _______EXHIBIT A Page 3 of 33
together, which shall include a new real and personal property investment of twenty
million dollars ($20,000,000) at time of completion and have a minimum Brazos County
Central Appraisal District Property Valuation of fifteen million dollars($15,000,000)by January 1, 2019,
and as depicted in Exhibit "A"attached hereto and made a part hereof.
Property" means the real property comprised of approximately 8.6 acres more or less and as
depicted in Exhibit "A", not including any improvements constructed on such real property.
COMPANY" shall mean ViaSat, Inc., a Delaware Corporation qualified to do business in the state of
Texas.
Premises" shall mean collectively, the Property and Improvements following construction thereof, but
excluding the Tangible Personal Property.
Tangible Personal Property" shall mean tangible personal property, equipment and fixtures,
excluding inventory and supplies, owned or leased by COMPANY that is added to the Improvements
subsequent to the execution of this Agreement.
Taxable Value" means the appraised value as certified by the Brazos Central Appraisal District as
of January 1st of a given year.
Article II
General Provisions
2.1 All of the above premises are hereby found to be true and are hereby approved and copied into
the body of this Agreement as if copied in their entirety.
2.2 COMPANY covenants and agrees that it will construct the Improvements, and operate and
maintain its business on the Premises as set forth in this Agreement, and for the time period and manner
as set forth herein.
Article III
COMPANY Obligations
3.1 Construction of Improvements. Subject to events of Force Majeure, construction of the
Improvements on the Property must commence no later than January 31, 2017 (the "Start Date"), and
COMPANY shall notify the CITY of such Start Date. There shall be Completion of Construction, and all
necessary occupancy permits from the City shall have been issued and COMPANY shall be fully
operational as set forth below in Section 3.2 by no later than April 30, 2018.
3.2 Occupancy. The COMPANY or an Affiliate of COMPANY must continuously occupy and use
the Improvements commercially as an administrative and network operations center including customer
support (i.e. billing and technical), engineering, warehouse and/or other functions relating to
COMPANY's global technology communications business commencing upon Completion of
Construction and for each year for which there is a Cash Incentive.
3. 3 Jobs Created. COMPANY currently employs 130 FTEs. By the end of the second year
following Completion of Construction of the Improvements, COMPANY agrees that it will have created
a minimum of 150 new FTEs with an average annual salary of sixty-four thousand five hundred dollars
64,500) per job, for a minimum total of 280 FTEs, which COMPANY agrees to have and maintain on
the Premises for a total of five years from the date of Completion of Construction of the Improvements
throughout the term of this Agreement. In addition to the current annual payroll of seven million six
RESOLUTION NO. _______EXHIBIT A Page 4 of 33
hundred thousand dollars ($7,600,000), COMPANY agrees that by the end of the second year following
Completion of Construction of the Improvements, it will increase the annual payroll by nine million six
hundred thousand dollars ($9,600,000) for a total annual payroll of seventeen million two hundred
thousand dollars ($17,200,000) according to the Texas Workforce Commission records for full time
employees of COMPANY at the Premises. This payroll increase must be achieved and maintained in
conjunction with the creation and maintenance of jobs as recited herein.
3.4 COMPANY Reimbursement and waiver of Cash Incentives.
a. If COMPANY does not have timely Completion of Construction and/or fails to occupy the
Premises in accordance with Sections 3.1 and 3.2 of this Agreement, COMPANY agrees to reimburse
CITY the cash value of all Fee Waivers the CITY has provided to the COMPANY hereunder excluding
any reimbursement payments previously made by the COMPANY. The COMPANY shall also
reimburse the CITY for any and all reasonable attorney's fees and costs incurred by the CITY as a result
of any action required to obtain reimbursement of funds. Such reimbursement shall be due and payable
120 days after the COMPANY receives written notice of default accompanied by copies of all applicable
invoices.
b. COMPANY herein waives payment of any Cash Incentives for any year in which it fails to
continuously have, operate and maintain the Improvements in accordance with this Agreement, including
maintaining the minimum required appraised value, FTEs, operating in the manner represented herein,
and being and staying operational and to reimburse CITY for any Cash Incentives made in contravention
of the terms of this Agreement.
3.5 Reporting Requirement.
1) While this Agreement is in effect, annually within 60 calendar days following the anniversary
date of the Effective Date of this Agreement, the COMPANY will certify to the CITY that it has
complied with the terms of this Agreement and provide sufficient written information, records, and
documents, to support its certification of compliance. Additionally, COMPANY agrees to report whether
the required jobs to be created and maintained in accordance with this Article have been met by the end of
the second year following Completion of Construction of the Improvements, and every year thereafter
that this Agreement is in effect, as certified by a Certified Public Accountant at COMPANY's expense,
and signed by a legally authorized executive of the COMPANY.
2) COMPANY further agrees to provide documentation, including, but not limited to, Texas
Workforce Commission quarterly reports, demonstrating that COMPANY met the employment and
job creation targets for the preceding year when required.
3) Upon the City's written request, the COMPANY will promptly provide to the City any
additional information reasonably necessary for the City to determine if the COMPANY has complied
with this Agreement.
4)The COMPANY will allow the City reasonable access to the Property during regular business
hours to inspect the Property and Improvements to verify that COMPANY is complying with the terms of
this Agreement.
3.6 Compliance with applicable law. The Property and the Improvements constructed thereon at all
times shall be constructed, operated and used in the manner (i)that is consistent with CITY's Code of
Ordinances, as amended, including its Uniform Development Code; (ii) that is in accordance with all
applicable state and local laws, codes, and regulations; and (iii)that, during the period Cash Incentives
are provided hereunder, is in accordance with the Joint Agreement and consistent
with the general purposes of encouraging development or redevelopment within the Biocorridor.
RESOLUTION NO. _______EXHIBIT A Page 5 of 33
3.7 Ownership. COMPANY agrees to have it or one of its Affiliates continuously occupy and
conduct operations on the Premises for a period of at least seven (7) years from the Effective Date in the
manner set forth in this Agreement. COMPANY may sell, assign or otherwise transfer the Property to a
third party to develop and/or to act as landlord of COMPANY. In such event CITY consent shall not be
required provided COMPANY continues to occupy and operate the Premises within the time and in the
manner as set forth in this Agreement.
3.8 Disclosure Requirements. When applicable, COMPANY agrees to comply with all applicable
disclosure requirements, including those under Section 2252.908 Texas Government Code when entering
into a contract that requires approval of the governing body of the CITY unless falling within certain
exceptions, and Chapter 176 Texas Local Government Code for vendor disclosure requirements for
certain business relationships with local government officers or their family members.
Article IV
CITY's Obligations
4.1 Fast Tracking. CITY agrees to expedite by fast tracking the process for COMPANY to obtain
any and all necessary CITY permits related to the Improvements.
4.2 Cash Incentive.
a. Subject to the terms and conditions of this Agreement, and provided that the combined
Taxable Value for the Improvements, Property and Tangible Personal Property is at least Fifteen
Million Dollars ($15,000,000.00) additional value above Base Year Taxable Value beginning
January 1st following the First Year of Cash Incentives and as of January 1st of each year thereafter
this Agreement is in effect, CITY hereby grants an annual Cash Incentive to COMPANY in the
following amounts expressed as a percentage of the Shared Revenue (as that term is defined in the Joint
Agreement) actually received by City from the City of College Station for the Property described in
Exhibit"A".
Year Annual Cash Incentive
First Year of Cash Incentives 80%
Year 2 60%
Year 3 40%
Year 4 30%
Year 5 20%
Year 6 10%
b. The total amount of Cash Incentive will in no event exceed a cumulative total of forty-three
thousand two hundred dollars ($43,200.00), at which time CITY's obligation to grant Cash Incentives to
COMPANY ends.
c. CITY will remit the annual Cash Incentive to COMPANY no later than March 31St following
RESOLUTION NO. _______EXHIBIT A Page 6 of 33
the First Year of Cash Incentive COMPANY meets all the requirements entitling it to such payment.
d. During the period of the Cash Incentives herein authorized, COMPANY shall be subject to all
taxation, including but not limited to, sales tax and ad valorem taxation; provided this Agreement does
not prohibit COMPANY from claiming any exemptions from tax provided by applicable law.
4.3 Right to offset. CITY may, at its option, offset any amounts due and payable under this
Agreement, including Cash Incentive payments, against any debt (including taxes) lawfully due to
CITY from COMPANY, regardless of whether the amount due arises pursuant to the terms of this
Agreement or otherwise, and regardless of whether or not the debt due CITY has been reduced to
judgment by a court; provided, however (i) CITY shall provide COMPANY notice within thirty (30)
calendar days of determining that any debt is believed lawfully due to CITY from COMPANY; (ii)
COMPANY shall have an opportunity to resolve or pay such debt to CITY within thirty (30)
calendar days after receipt of notice before any offset to amounts payable under this Agreement may
occur; and (iii) COMPANY retains all rights to timely and properly contest whether or in what amount
any debt is owed to CITY, and CITY may not offset any asserted amount of debt owed by
COMPANY against amounts due and owing under this Agreement during any period during which
COMPANY is timely and properly contesting whether such amount of debt is due and owing.
Article V
Conditions Precedent
5.1 CITY's obligations under this Agreement are contingent upon the purchase of the Property by the
COMPANY or its assignee who will act as COMPANY's landlord for the Property, by December 31,
2016, in accordance with that one certain Purchase and Sale Agreement a copy of which is attached
hereto and made a part hereof marked as Exhibit "B." Likewise, COMPANY's obligations under this
Agreement are contingent upon its purchase of the Property.
5.2 This Agreement is conditioned upon the City of Bryan approving this Agreement as required under
the Joint Agreement. Furthermore, the Cash Incentive set forth in this Agreement is contingent upon the
City of College Station approving a similar Economic Development Agreement that is approved by the
Bryan City Council.
Article VI.
Term
6.1 Term. The term of this Agreement shall begin on the Effective Date and shall continue until
December 31, 2024, unless terminated sooner pursuant to the terms of this Agreement.
6.2 This paragraph is required by Chapter 2264, Tex. Gov. Code and governs over any conflicting
provisions of this Agreement. The COMPANY will not knowingly employ undocumented workers as that
term is defined in Section 2264.001, Tex. Gov. Code. If the COMPANY is convicted of a violation under
8 U.S.C. Section 1324a (f), the conviction is a breach of this Agreement and the City Manager of the
CITY will send COMPANY written notice that the COMPANY has violated this paragraph and that the
Agreement terminates 30 calendar days from the date of the notice.
Article VII
Default
7.1 If COMPANY defaults in any term or condition of this Agreement, then CITY shall not be
obligated to provide Fee Waivers or Cash Incentives for that year in which the default occurred.
RESOLUTION NO. _______EXHIBIT A Page 7 of 33
7.2 CITY shall give to COMPANY notice of any default. To the extent a default may be cured,
COMPANY shall have the right, but not the obligation, to cure the default within thirty (30) calendar
days of receiving written notice from CITY. Ifthe default cannot reasonably be cured within a thirty
30) day period, and COMPANY has diligently pursued such remedies as shall be reasonably
necessary to cure such default, then CITY shall extend for a reasonable additional length of time the
period in which the default must be cured. If COMPANY fails to cure the default within the time
provided as specified above or, as such time period may be extended,then CITY at its sole option shall
have the right to terminate this Agreement with respect to COMPANY, by written notice to
COMPANY.
7.3 It is further understood and agreed by the parties that if COMPANY is convicted of a violation
under 8 U.S.C. Section 1324a (f), COMPANY will reimburse CITY the full amount paid to the
COMPANY pursuant to this Agreement, with interest at the rate equal to the 90 day Treasury Bill plus
2%(.005)per annum,within 120 days after the CITY notifies the COMPANY of the violation.
7.4 The COMPANY's obligation to reimburse the CITY payments made to COMPANY if the
COMPANY breaches this Agreement survives termination of this Agreement.
7.5 It is understood and agreed by the parties that, in the event of a default by the CITY on any of its
obligations under this Agreement, the COMPANY's sole and exclusive remedy shall be limited to either
i)the termination of this Agreement, or ii)a suit for specific performance.
Article VIII
Miscellaneous
8.1 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received
three (3) calendar days thereafter sent by United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the Party at the address set forth below or on the day actually
received as sent by courier or otherwise hand delivered:
If intended for CITY,to: With a copy to:
Attn: City Manager Attn: City Attorney
CITY OF BRYAN, Texas CITY OF BRYAN, Texas
P.O. Box 1000 P.O. Box 1000
Bryan,Texas 77805 Bryan, Texas 77805
If intended for COMPANY,to:
Attn: Director of Real Estate
ViaSat, Inc.
6155 El Camino Real
Carlsbad, CA 92009
8.2 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable,
and shall be read as if the Parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase or word.
8.3 Governing Law. This Agreement shall be governed by the laws of the State of Texas without
regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the
RESOLUTION NO. _______EXHIBIT A Page 8 of 33
State District Court of Brazos County, Texas. The Parties agree to submit to the personal and subject
matter jurisdiction of said court.
8.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an Original and constitute one and the same instrument.
8.5 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto,
superseding all oral or written previous and contemporary agreements between the Parties and relating to
the matters in this Agreement, and except as otherwise provided herein cannot be modified without written
agreement of the Parties to be attached to and made a part of this Agreement.
8.6 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
8.7 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties to it
and their respective heirs, executors, administrators, legal representatives, successors, and permitted
assigns. This Agreement may not be assigned by COMPANY (except to an Affiliate of the
COMPANY which shall not require prior consent of CITY) without the prior written consent of the
City Manager which consent shall not be unreasonably withheld,conditioned or delayed.
8. 8 Amendment. No amendment to this Agreement shall be effective and binding unless and until
it is reduced to writing and signed by duly authorized representatives of CITY and COMPANY.
8.9 Venue and Jurisdiction. Performance and all matters related thereto shall be in Brazos County,
Texas, United States of America, and this Agreement shall be construed in accordance with Texas law.
8.10 Authority to Contract. Each Party has the full power and authority to enter into and perform this
Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized
and empowered to enter into this Agreement. The persons executing this Agreement hereby represent
that they have authorization to sign on behalf of their respective corporations.
8.11 No Debt. Under no circumstances shall the obligations of CITY hereunder be deemed to create
any debt within the meaning of any constitutional or statutory provision; provided, however, CITY agrees
during the term of this Agreement to make a good faith effort to appropriate funds each year to pay
amounts under this Agreement for the then ensuing fiscal year.
8.12 Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of the Agreement, any part
hereof, or the right of the Party thereafter to enforce each and every provision hereof. No term of this
Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by
the Party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute
consent to or waiver of or excuse of any other different or subsequent breach.
8.13 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised
this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting Party shall not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
Exhibits:
Exhibit"A"Legal description of the Property
Exhibit"B" Purchase and Sale Agreement for the Property
RESOLUTION NO. _______EXHIBIT A Page 9 of 33
VIASAT,INC. CITY OF BR,"
By:
Printed Name: gocieler $1- A i\ rt ti 0-i \S m Mayor
Title: vrGe FiteGWattT, purynay Gr GottOn Date: 1 a--S'= (,
Date: 1,7-- t'2Olb
ATTEST:
Mary Lynne Stratta, City Secretary
Date: (al. - I ((p
APPROVED AS TO FORM:
J is K. Hampton, City Attorney
Date: %Z'/Z—%Cf
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document, to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California
County of San Diego
On December _g, 2016 before me, Harold R. Randolph, Jr. personally appeared Robert J. Blair, of ViaSat,
Inc., a Delaware corporation, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.HAROLD R.RANDOLPH JR.
I ?.
ase, Commission N 20211.95
NotaryPublic California
i nature
J L41/ (Seal) f anpo CoinSgl h
Comm.Ex iris r 1
RESOLUTION NO. _______EXHIBIT A Page 10 of 33
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
re 41P---,
e, _ 4 y
ii
Vii.9/ .
k
y
4.0.-....„. /
ri ,i,Y.
i
i
411:
N ,... I
1-..Eli
1. 0 I
if
I. 4144.4„,70tJ
1)
IIS
J
7
II(
IIS
lk: ''. ':,'.r e}\ `
RESOLUTION NO. _______EXHIBIT A Page 11 of 33
EXHIBIT "B"
REAL ESTATE CONTRACT - EXECUTED
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL CONTRACT-UNIMPROVED PROPERTY
on o tNs POW Pe'1e0W wccMKMm mama Clf THE TWA wsO w1eMOP1EM.Tonal*MOW MnMdeelO.
Ohm Mwwr r fraTOaeR u ws
1. PARTIES: Seller agrees to sell and convey to Buyer the Property described In Paragraph 2.Buyer agrees
to buy the Property from Seller for the sales price stated in Paragraph 3.The parties to this contract are:
Seller Bryan / traditions, I.R
Address:4250 a Traditions nr. arum. Tx 72507
phone; (281)25o-093e E-mail: aelemeatzftraditioasrealestate.cos
Fax:Other.
Buyer:Viesat. Inc.
Attn: Tina Va],iios
Address:6155 R1 Canino Anal. Carlsbad.SA 92009
Phone: (7203493-6435 E-mail: tina.vallier0viasa;..co:n
Fax:Other:
2. PROPERTY:
A. Property means that real property situated in Brazos County,Texas at •
BAC Parkway
address)and that is legally described on the attached Exhibit A or as follows:
6. 6 acres
B. Seller will sell and convey the Property together with:
1)all rights,privileges,and appurtenances pertaining to the Properly,Including Seller's right,title,and
Interest in any minerals,utilities,adjacent streets, alleys, strips, gores,and rights-of-way;
2)Seller's Interest In all leases,rents,and security deposits for all or part of the Property;and
3)Sellers interest in all licenses and permits related to the Property.
Describe any exceptions, reservations,or restrictions in Paragraph 12 or an addendum.)
If mineral rights are to be reserved an appropriate addendum shouldbe attached.)
3. SALES PRICE:
A. At or before closing,Buyer will pay the following sales price for the Property:
1)Cash portion payable by Buyer at closing 2,247,696.00
2) Sum of all financing described in Paragraph 4
3) Sales price(sum of 3A(1)and 3A(2))
GG
2.247.696.00
TAR-1802)1.1.18 Initialed for Identification by Softer end 8uyer.22073'._ Pegs 1 of 13
Wal.Wcbla ISIS knwsid Mea Wes Slob,"Tx 7845
Ph,.c(979)S944000 Rs:(9796641.1000 Asi.es Woe W.Cole.View
P,sac. l,strw,ebI WO Nae PhosMbnMCnaw,..e,q,•an. eeayie e
RESOLUTION NO. _______EXHIBIT A Page 12 of 33
Ca rnmy l Cowan•Unnerved Newt en+enn+e .. ..._ ear v....6...y
B.641.13103M to 84*Pegs:fame wry(aa)any)
0(1)The sates*co sot not be&ousted bawd on a survey.
0(2)The este premed be elitist*baud on be latest survey Waned under Paragraph 38
gs)The sales
O• {l, sgwn tool of 0 tote
on Me basis ol Inc
area 0 ret bee
O 00 we of 0 tole area 0 net area.
LI)Totallarae Mss
sir'amens ll
e
d e l 11 Fe
pate9s 4*DanWClberfee a Property.Nat we'
means total
O 6l pias*raadaismOQl)dpMcaieetd and etMRrnts other than those the erectly Mom Way*Mom to da
Rnprh:and
49_.
a)If IS.Was prtca b adtusted by wire twin--/0-1114_.1i re me elided mass pries,attar party
may*manes this contract tr/p'ael*'rdlbn nodes to the otter perry eewtn s
alter the tombradnp party receives the array.d nyder patty tonna**this contrail or II d+e
valance Is Sacs than the stated prnntape.to rebuelmenI to die bales prtae vett be nada to to
curt portion at the sabre pdaa payable by etas.
4. FINANCING:Buyer mit Mance the porton at the sees pdoa u sear Paragraph 3A(2)as Moate
a A gird Parr Phandoa.One or more tied party rota in the total arnouM of$
The conaacm:
O{_1)a t01 odnlyhgertt upon Buyer obtawno IMO party maestro
0(Zl it contingent upon Buyer obtain('Sod party*anal; in accedence WM em attached
Commercial Contract Rennin;Aodsodrn AR-1931).
B Alfa In soca:lance with the attached Commercial Contac Plnenoh g Addendum(TAR•101),
yN vete aaruno the aa*hg promissory note seemed by to Property,veSen bete=at closing ea1t
be$
C Mellidanteui The dNegry at a pronetedry note end deed of treat to Serer under the lama
et the attached Commercial Contract Piercing Mama* (TAR-19311 r the amount or
t. EARNEST MONEY:
A Nae We than 3 days afar the etteciloS dee,Buyer must deposit$`e.sot 00 as earnest money
outlaws SetIvCoSI.Cwnay Ontecomparet
el a.fvarat ne Dr.a.Oat. eats 77aetrraijeeajiar.eeareaaan Ocher).
it Buys la16 to trey depoll Iter*meet money,Seas met terrine dee=reed or emcee any or
Seller's oder remaadee tarts Paragraph 15 by proitlrg written notice to Buyer balora Buyer depaeas
h eteneel money.
B. dyer 511 dept It an'ar'arbor*mous d$__.._ vett,the Ode compare to be made
Mm of the earned money on a Debra:
0(q days Mar Buyer'c rUt to ermheoe wider Pinpraph yB eepirse;r
Buys ere be in dele t:It Buyer tai to depose dee eddtawl encore required by this Paragraph bB
Ores 3 days after Bets routes Buys that Buyer has not tray daposbed the additional amara.
rm.-me t-t.0 melee kr es,stana.sr are ':_smiles,'Vee+tar 13
a,.ir.f... e.Cell•Yid.
RESOLUTION NO. _______EXHIBIT A Page 13 of 33
Cawnimil Wean•**peed PrepM/aawrntl v. ..
la varl.uav
C. mora*r„ 1 P. and noaadi hleast
earnest k an Mrait baaRi q mom*at a
0.11TtE POLICY AND SURVEY:
A
I)Bela.at Bales apses sea banish Guyer an O*ter%Palley of Tide tauter=(Me Ida pdicy)
Issued by any underwater of the Ms oonper y inthe armee a me sales plop,deMd a1 a alter
cbela0.ging Buyer Venal bee uthe(Ue Okay,his as mama Of attUng: anda)these Mie esceptionsieari
semdted
containd In the
pprmay
be
berm
UMepokyh
em theW)the Mend prittsd ppoepb1fe
connate proAdes Ottsretea.
2)The sraelarrd pentad waptan as to decrepandea,amines,of enceir sl In area and be udery
Q lani
rany
ot b eratedcc Me
pocf
protrusion,of any lc, ping++proee r
di (b Gig be amended b reed'shadedea In areas at tete expense ot a Buyer 0 Seller.
3) days
coninetmenet echidnoblena sorer
er ell Nemereres oedema,
r a this
estepWtor
this Insurancea
Whoa*Bte Me compety to dNrr tie contentment and reseed documents b Buyer el Suyere
addreee
8.Met(Withi,,._5—.days alter the*Ileo.* date:
O(1)Buyer oil oblan a emery of the Property at Buyer's espenes and delver a oopy at step survey toBalm.The surrey must be made iter a000rdarca eat the: I))ALTNACBht Land Tab Surrey
standards,or It)Taw Society rt elandara b a Catgory 1A surrey
rer the eyp cote+ Baler a atnlx
amount)d the oet dee survey at dodng.U attire teleost
a(2)Sear,at$Mors agorae,all furnish Beyer a survey Cl to Prosily dated alter the eSsedA dine.
The aunty asst be meds In accrtleroe rah the.0)ALTA Lad The tuner*ism**or
II)Texas Bodily d Prolletonet Stsveyom'era+darm ter a Catapory 1A survey under the
eppropnate contain.
CI(3)Baler ea defer to Buyer and the tin oorrrpeirrr a true lied COMM 0044",4 SaliVa=et recent
atm e1 tie Proparty airy ram an alftdavft mseJmd by the the Conppary ler sppmvd of the
eteetty sung.It the mien,survey is rat acceptable to
the d
diess
esteem,all edah a new cr spaded survey aonpdbM to 1,00 SotY a
natesurveytoBoyar and Me Ole ampere,elan 20 days slier Satyr memmemke that Me
oxtrdrq survey Is not acceptable to the Ude eongany.De obeinp tele eel be mta dsd dent up to20drysItnecessaryfaSitebdotterenacceptablesurveyMianthethemired.atryer•ll
c.
1)Amin days eller Buyer receives the canmMror t.Copes ot.the documents etidendng me
tie eaoepeons,and any required Burney,Buyer may*MI In rating to mated diecbeed In the
Reim it(a)to meters daetosed are maiden upon to Property or ormderie a doled or
cease a
Buyeontram
r sit MUMS
We afen
010010111;doehn
thcee a(o
maed
Rems sheerthatt
erre
owl or
md
lens tat edProwdy a
TAi-teail i.tae rmsreub krobrarwp Wer. ,—ern Bole icL,•—Plat 90113
y,yaa1".11.i int tmataa 1N omr.Yid,
RESOLUTION NO. _______EXHIBIT A Page 14 of 33
Canty oat Oonratl-Uwntmwd PoomO raearrrre_____.___NSF @a "-'
apeCal Mood hazard w.fan'A'or'V'zone as donned by Mag.It Paravaph 68(11 sakes,
Buyer Is awn toMalsurrey
doodad + mutenPwegrepti
r (fi the mer of Buyers aced receipt c Me
12)Baiate Saber Moves
disi.objections.The d cite wit be assn dod
t is rot cedgated to,cure Buyer's as necessary
ottectioret within
would*15 such ems be ctee the
doacdons.If Belot falls to cues the o0jeetlons 0y M rme required. Buyer may teminate diis
contract by prostang a tasn midge to Baer weir 11 dM alter the Urns by which Sand must aretheobjections,I Buyer tweaneaea,the earned money,bee any independent consideration under
Paragraph 79(4).sal be refunded to Byer
31&trees fakir to Brett
obisot except that Guyer Oh hnotwaivetheraNme to to b C alt.cern
fioct
of*trona.ureter trio Pawach SC Ise waiter of d,t die to
7. PROPERTY COsl TION:
A. Bojlr m c its the fscp.1ty In as meant a rdtbn except that Soler,at Sailsr's
expense,cult ooatCsw It,.Wareing before dosing:_ ........
B.fasa yet may tsm*$ta Ida 0crews b waanyreason in..._IL_—dela alter me
elledkedPda
aa t'asslhity period)by prOVIdn3»r erten rotes 01 tarNrmlan Patti only one boo.)
Mi(1) 14 811.1 rrmlnates under teas Paragraph 78.O.WW2 matey wet be refunded to 8y.1 taas
6)00.00 tush Seller WI retain an Independent Oonddaration for Buyer's trradancted
ridre to tamribte.Buyer has tendered the independent conederadan to Behr won payment d oho
enc re epedtisd hi Paragraph 6A to the Mle 0omparry TM idepndera oonhidarda n Is to be
credited to the ease prfo.Orgy WOO dosing of the sale.$no dater amount le
Pruesorentt
weir
or Brefailstode0itetthe011111,411t mor .Buvar deli not haus tna mom to
twmirtass
12)Not 4aer'than 9
dddaariys
Parrrtstar tehe
e
s sun.date,Buy"mud Pay Bebe 3 as
Indspendsnt oore(deWOn ice Dyers'pit to*060.1.by tendering such mneme b BMer Or
Bets* agent I Buys bmrnates under tide Paraprspir 79,the cernea nosy Mil be refunded toBuyerandSell"w9 Mean the Independent 0cee rslbrt The itdeperdent Coneldenaon wit be
de hod to Me saes pets orgy won 0baing Of Oen e. m llar tdamt 'mg inkP»ess wll Where We
0
C.)naoeWons.Sides.or Mtifintps ac
I)Burro the basbity period, Buyer,at Buyer' s aspen...may ooep ate or cause t0 be oompbtd.any and dl Inspections,etudes or asse0enents of ter Property(icludno all improvement; and
nearest derided W ElYer.
21 Buy"suet:
smptoy oNy emndd and quelled Inspectors and assessors;i iJty Stan,In ad erre,of when MInspectors Or tSeasora w8 be on the Property;aide by mr y resorbs eery new or nequ^em"+a of Seller,not Interim wit ertettrg operators or 0ccupsroe Of the Property;rd
e)rc11 sawedondition to tnpacdoa studies, Cr
manta ran Baes wnpema or aee be completed.
TAR Mb t. t-IS tet.kd ex Oesettarbn Or Seer ft_eel a.r.'1 _-...Paced NU
n,.-rr.....11.5M'0' reo- l..1.r,, 1ieami1-] MFCM-vMaY
RESOLUTION NO. _______EXHIBIT A Page 15 of 33
OOesnerai censer•uoweret emceesence^ii Inc arvsIwaL_.
31 Except tar Mose neuro nit arise from the negligence a1 Soler rr Sebes agents,Buyer israponstlsforanydrinkhabity.enwlitrincs,cease of action, and operas msullng from
Suys's Inspections,slides,or assamerae.Included any property dtenzge cr pentane Mikity.
Blow oil Irdemrly,hold bemires,end*lord Saler arta Seller's a eilts against any claim•
inching a manor lir which Buyer I responsible under its pararsph_This pereg aph survives
tnmimearr or centred.
D.
I)Dsbargillisizegiggrelego,Men___10 .days met the eteche dale,SOW oil debar 10
Buyer Mihai*Pk)
D (a)peen it ell anent leases donating to to Property.betiding any aodMraasrs,oupptetnents,
or srsrsileras to pre leases;
O (L)tones d al rues and deeds of Wet motetas Properly that Buyer alk assume or that Seder
ail not pay h lid an or betre cleans,
Y (c)*3Com or as porn=environmental aeessimir s,geoleJi Taal reports,sodas.or rWyes
made on or rot/Ma io lie Property,
O (d)WOW oropafy ter stsIvwds for the Praparty for dm pmts s 2 calendar years,
o (e)plus eine Pioteiy:
i (l) copies at curried utility capacity MMus hos the Property's water add sewer career Pewter;
ad
o (tt_
lyy __ e des ooreed larrnlnulSS Ion any mason.Buyer nil,rot bier tantodartsameniswmwmmnass:raw*aY Mar aAob•J
II (a)return to Bala at these kens deathbed In Paragraph 7D(t l dna Seller delivered to Buyer in
caw then an electronic formal end al copses that Buyer made at arse hams,
O (b)dinar or destroy al electrode vorstma of dew bans resorbed in Paragraph 70(1)her Seller
dalWreo to Buyer or Buyer copied;and
O (c)dither copies of sit Mopedten and assessment moons related to the Properly diet Buyer
completed or caused to be ooaiMed.
Thea Psragsph 70(21 stens immolation at nos contact
E Cargra e.Alle to Operations:Lilt dosing.Saler:(1)wit operate dm Property In Me same manner as
on Me dkdws dein under masasbry prudent bottoms eterdmee;end(7)wM not trander or dispose
drpart of re Property,airy Interest or right In dee or any of 1M preari opsaper
barns descbed h Pagpmp<r lb a sold order this centred.Mar terwtblly period
mosey a
ds.War may
rot enter Yeo,mad,or terminals any oiler castled thai ateae dee cperstbne ci the Property*Mout
Buyer's wrilen approval
a. MALES:
A.Each written lease Saler is b assign to Buyer truer this wears must be h lot troy and snort
sombre)b ea tonna Seller may not erre Into any new lease,id to comply wth eery easing lease,on
make any amendment or momtaton to any adelerg leans WNhout Buyer's written canon.Seller mat
disclose.In wrbirc.tarry of dee rcltewtng sesta me lens Serer provides the teases to IM Baer or
suMsqurfy Doan belor'e dosing:
1J any forum by Sebe to woe*elm Baler's obligators under the Meese;
21 wry dinxnsf.nCee tinier arty esu that shite the Want to tenrinees the teen Cr Bede any Cows
or damages
3 any drtre a sums paid W a fawn under arty Wee;
sem-
yrse.nott IA 1e 111aiei to Wr/fdbn to ear ..--ns suyir ._Pups e11,3
err r.yn..q w.rt sun nus.w•.a n.....r„r,0*eeraarrr 000•Vas+
RESOLUTION NO. _______EXHIBIT A Page 16 of 33
000.00011.Calffet halinWADO M+mneM ewer*.-. MSC easkaav
4)any oorenelon$.bonuses.free tare,rebates. broherape oammsscre.or other welters Met What
any lease;end
5)te1 amounts' been assiasect or eaum0and saoepWs Security
t 0)assured
payabletakenridgethe deo under ms ouninta
B. Elllt*it Qugibetea Wen days atter the elective data, Seller al dream to Buyer eaceper
certificates sued nal earlier den by each Ismail that leases space•
In the Property.The estoppel certificates must itdude the alli0190ne contend In tie currant versionor TAR Fenn 199E—Cat1*no si Tenant Emma Cedlecsta and any add/Banal tdxmalion requested
by a Mrd platy lender prancing Irrnaip under Paragraph 4 e 9e Mrd perry tender regulars suchad:Menai rdonnslon at hoar 10 dsya prior 10 M abreast data gut Seller Ray deer Me signed
estreical certifiable
11. BROKERS:
A The brokers to MY saki are
RU's0si erear:'JraditicOt Mal EhtaM _ Compiwiens&Nor:apes
Aaerea. Arncer CLr4Ea. Jr. Asa.
sonny 2144 IYadltL 1llyA. Adams
E>Se0..2asae 97007
mese aea.cm!MO-MI __ Awe 11.:
E+ri• +......a.awr re ena i g.rwt
Werra 142 as tat..ma {02]15 lwaw b:
Principal Broker:(Glace o0 one bar) Cooperating Btchw apnoeas Buyer.
m represents Selo only
O reprover.* Buyer Welty.
o is an intermediary bas>esan Seller and Bayer
8. Egos(civet only(I)or(2)baba)
Complete Mae Agreement Between Bream on page 13 orrY Mrs seNcbd)
I)Seger al pay PrIncipel &Cher the fee epacihed by separate erten oommesbn*casement
between Principal&oke*and Selnr.P.'knied Braker se peg Coop tetino Broder Ita res specified
In the Agreement Between Broken)found bolas the parties'signatures to 91ts Contract
m (2)At no dasro of:ns sale.Seller aril per
Aecpol Braes a total ries 1w al: Cooperating Broker a plat rah tee at
m T.9e0_14 of the Wes price. S or be settee price
The cash tree will be paid h _ Emmy County.Texas.Seller authorizes
the tab company to pay the brokers Eos the Sellers lamina at closing
M0lICE:Chapter 62.Tarn Pr psiy Cada suMalres a baker to secure at earned mrnnaseion
arch a Sees egattot Me Popery.
C The per5eO may net amend Mb PeraOraph 9 w1F,aul the velem consort of the brokers elected by the
amenb*Mra
TM Iet)t,•18 mars let etenttale ht Srrw _and Iblor'Ct, , ewe 10 17
wr.a.r a1.ekrwkw kerwrrrares.*errata raters e..G•vIda
RESOLUTION NO. _______EXHIBIT A Page 17 of 33
Cows sur commaUwnprowa 1'nparty conermrra _--.._ _ .IOC Ps:foray
10.CLOSING:
A. The date of the dosing of trio sate(closing dale)*1t be on or Mame the later or:
1)
0
days abet the expirationoec te
Sthe e)asblity period
s0
2)7 days after o1$ecliens made under Paragraph BC rimae been cured or waved
B. k either party We to done by the closing date,the non detauang party may exercise ars remade*in
Paragraph 15.
C At closing,Sate wit execute and deriver,at Sellars asprnso,a Cl genera m specsiwananty
dead.rhe deed mut laded*a vendor's ten If any put or tris sales prime Is numb The deed mist
screwy good rd iidefeasttie Mu to the Property and Maw no aaoeptbrs other than aaee permitted
order Paregaph 6 or other provisions of the corned.Beller must convey ttie Propeity:
I)with no hens,aeseeamer4k a otter some*brlerasa agent the Property ehch wit not be
Waled oul of the sales price,oleos*souring bans Buyer essumes;
2)widest any assumed loom In default.and
3)wIth no
sears except m orderMy the action leases sere
pen ol Me d orulessees,tenants et oilers:be.
toBuyer undohis contract
0. At dosing.Setas,at Sdlefs armee.WI also detest to Buyer:
t)tax statements ehoWrq no delinquent taxes on thie Property;
2) an aeeigswe,of a9 leases to or on the Praterty.
9)to the extras aseemabbgrtr. an easient to Buyer of any lunette and permits robbed to the
4)wrolder+ee that the parson executing els contract Is*path capet a and ret ertied to bind Sdor,
IS)en aIBdavM acoeattbte to tho title**merry stating that Samar is axe a toregn pawn or,II Beier Is a
ensign person.a wean eulhoritabOn fe the UlI=Nary to:(I)withhde horn Se1We proceeds an
amount aufades to oomph apploade Sas law;and 110 delver the amount to the*tenial Re+rernre
Strvhu(IRS) together alto approprlete W Swim; and
61 any r atiae, statereants,certificates,amdeues,rabases.and other dm*tinnefte requited by this
contact,the oornmilmaot or law neseseary for he dosing of the safe and hsstWlW of the too
potty,se o1 efich must be cornptated by Seller M necessary
E At dosing.Buyer wit:
r)pay the saes once n good hinds aoaptatie to to plea company.2)duiwer outdone that the parson MOWN plea cornrart is legally capable and surtiatrad to bind
Buyer;
9)sign and sorb to each tenant In a tease tee arty pan of the Property a written statamert that:
a)ackncWedges Buyer has meshed and is responsible to the tenant's tato"depose:and
4)lban umpban
s the a titterlb*
eees than kit effect::ai
seer"Pnsn;
5) execute and daavet any notion,statrrarts, verificative, or other docunwrts rewired by the
curbed or*w necessary to dose the*ata
F t/nass the parses epfee otherwise,the dosing documents all be as bard in the basic toms In the
curve odtion of the Stas Bar at Tema Peal Estate Form Manual watcut any additions clauses
I I.POSSEBShON:Sears wit More poaseeston el the Property to Buyer upon dosing and funding of tri*sete
is its present oonollton with any repairs SOW*oblgated to compete Lader Mb waned,ordney wear
and tar esapeed.Any pose eslon by Buyer bribe doling or by Sale atter dieing that a not arttotted
by a upstate wiUten base agreement a a terdord-0enent at atulerarce relethonsh*i batsmen Rte partes
tray-got11•i.te meterro wrntaaenwsaw,..._____ant os L.- Poet tau
ltiwa f...W *Se ear war.e.a ryas astir leen wWY Mb Mk•\16M
RESOLUTION NO. _______EXHIBIT A Page 18 of 33
Ce,mr nW Cereal•UatT w.ed mer eentan g _._ _ 6IC Palen y
12.SPECIAL.PROYI Q 8:the IcSoarg special pis+4PM and tee Wraoi In Ow awns d a nodalawlotherproMnbmdthisconewt.(b woad women'we adtafned M an Addended danW We
Addendum bore aid nribrsnce4M Addendum in Pene rR:e 220,1
see aeseede-
13.SALES EXPENSES:
A (i 1:11 Ssao all pay ton On Wowing at abets,"dosing-
t)rNeaaas 01 sedern0 MMS other than Musa fiats ateun,ed by ewer.kdtdng prepayment per&11e
and racatiutp lase
1
mimes DI Selena loan Utility,II apptcedle;
8nnrbtaxani o oartlliodes:
a OfeesWeflOn of the desk
SI onshellawit wear fax
BI coria to food any rigorism to out the ateadlona the!Seim mutt ours.and
71 odor eganwm that Belo wet pay under Whet provisions of this oontracl,
B Buyer all pay tot the fdbunp at a batons doehp
t)WI aapmrss and les:
31 mutation of any deed el busk
e)r. dig lees actoheed and any deed d Mart.
e3 premlxns foe Rud araraarrw as may be ntguted by Byers bider:
II crohail Ot any mow Ma;
Il efts'empansee that Buyer wit pey undo other provldorm at this oantract
U.PRORATIONS:
A ____.
t)leddeat an any weaned Wan,area,rotas,and any moods reieUraenues Irom tenants edl be
prorated through the doing tteta
2)It its amount of ad valorem tela b the year h+'Mich the ends closes is not sealable on the steed
date,tams WI be prorated on the base of taxa esseuel In to pesetas year.II ale taxes Pr the
tar h vdreh aro sale dons vary hem the emourt pronged at deer*,to parties*4 adluN the
rotations sten the tar anatomies for l*leo In which the sale awes became moiada Ms
Pareptaph 141(3)aureole closing
3)II Burro assures a tow or le to the 11w Property sutepd to an existing lien,Saler rip Wermer WI
reserve depodb Mid by the leader to the anymore of tame,Mance Premlums,ate Whet
devote to Buyer at dosiy end Buyer all tertente sure emote so Saler by an lardeu lata
a4uelment at dosing.
g resit TTdqiaaaa:It Sates use a clangs in LSO d the Property Wore do the remits In the easement
be the a of theSdiet.
paratSDS,Of
his
sust
ale Ofrt UN 01 the Prape tter chelni
mumsasessonants
ll
editions!aaaawnais for pedode Odom ctoshg.the aesesaamerM sed be the cdlpstbn a Brut This
Paaprsph 1416 survives cioauq.
C. fleet and Solute Dewitt Al closing,Seller wet tender to Buyer'al no"deposes and the tdkwing
edam payments naked by Saler for puede ater closing:gaped expenses,adrsce mrdW
RAW,teat r-t-ee tined la Nnrelorbo by Baler..__and liyar`f3._Pear e d 19
fr......v..ew see w.row whoa un w or+,..sta ra w..cn-%tier
RESOLUTION NO. _______EXHIBIT A Page 19 of 33
W...../Pt C.aaax tlniraromi PsPer ESC Paxknav
paynants,and other adnnoe pgmnri paid by manta Hems prorated to ar party but received by eve
other party wit be rands*by dm recipient to die party to whom it we.prattled within 5 days alien 4q rent
is reotived.THs Pampa*14C sundries Wag
1E.DEFAULT:
A H Buyer tele to comply with Phi=Mad.Surd le to default end Seta,u Sae's sale remedy(ke),
may trombone*tit centrad and receive dm seined money,as srruldded canape for Buyer's bribe
except for enydami es rowing from Buyers iepocllorr,wades oramemmerte lel mordent*with
Puaoaph 7C(3)wnch Saler may puna,Cr
CI *fora rYspe padormanos,a slur such other relief as ma be provided by law.
B. It.wiord fault,Seller is Wade within the lime allowed to deliver the*eked.armleetes,savoy a Me
oonentasra.buyer may:
1)inoses tat centrad end recoil the awned money,lees any Independent caruderatan under_
ParuQaph 78(1),es equaled damages and as Elapses sue forsock.or
2)Wend the bone of peaorrnorce up to 16 days end the eating wee be eoarc11Zi as necessary.
C. Exempt as prodded In Paragraph 158,H Seller fent to tangly with tie contract,Sally is in default and
11termor**Pita connate and active ill say r llas WV Independent oorrekteratlm web
Paragraph 78(1),as igtidrbd damper end as oda remedy.or
2)edeas waftlc pego man a,a seek Sufi alter as may be prodded by law,or bah
Ii.CONOENNATION:It lobe doetng,cordsmrrdon proceedings are commenced sprint arty part at the
Property,Buyer mar
A carminate tie corsract by provdrg wreten notice to Beller eehin 15 days altar B.yw Is adveed d the
ccrdoanatcn proceedings end tea earner money,lees any Independent eonadsration paid unite
Paraprsph 7B(1),wit bs returned to Buyer,a
B. up)per and defend h Rte emanation pro eednge and any and wit.al Buyals elmttar,Wang to:
I12)ewer and the oases pies alt nel be'
edgeSeiler
end the sales price it be redboed dhe Berns errroue or
17.ATTOIMIEY'B FEES:It Buyer,Seger,any baht,et the titre co parryy is a pmaaing party In any s>pal
p+axedlnp bre ipht ardor or VIM neWE«on fo the contract or(hi beneect o such party le salad to mower
from ew norpawllsp parties an cats of such poceadhp and rateable attorneys pas This Prapapn
17 survives lamination of dile mamaand
111.ESCROW:
A. At closinp,ter earreet money wit be wan Inst 10 any cash dam payment,tan to Buyer's doting
coats,and any*eau well be retimld to&per.P ro doting coats.the tide company may require
payment of unpaid expenoas tarred on behuf of Ow wages ands erten release d laity Mew We
woman horn U portae
B. If one party males ivied demand or the earnest money,the lila company MN woe notice 01 flu
demand by pro idl.to me ddwr party a Day 01 the demand.It the 81e company does not receive
sillier objectors to da dasard born the ether petty wan 15 dap ata the dale be fids company sent
the demand to Me other party,the dile company may disburse(hr sanest noway to the petty rrhirg
demand,reduced by Ma amt,*of unpaid asperses Marred on behalf of the party recehlg the
sones(money and the the=wide may pay Ole eanw so tha Indlo.re..
tial 00211.l-fe Waled lel rr .r/raaov ty stew G-,_ire a le I _.__Pip a a 17
r..man.ern.r er.M.n•r.411..,rhal.....wereel rare inc.,
RESOLUTION NO. _______EXHIBIT A Page 20 of 33
Carwrwatd Canon•taitopri•d n•Pty encoring ___ __... RFC PerkwY___. .. ..
C. The title=marry wit deduct try irdependen caetderatlon under Ps swept 78(1)Whore disbursing
any earnest money to Buyer and w11 pay the independent aonsiferation to Sebe.
D. It Me leas=parry complies wIth he Paragraph 18„each pay hereby rraaaas the Mese Congos)horn
all darns related to the disbursal of the tenser money.
E Notices under this Par preph 18 rust be earl by eertlted mat,return facet*raprtaed.Noires to the
tine can arty are enact**uta+ramp*by the Ste company
I' My patty WOO srtongtltly talo or mime to tat a release acoepbbb to tie tide sal aey within 7 days
atm receipt of the recpent wig be Sable to tel*ether piny tor(I)damages.(I)the earner merry;(N).
reasoriebre a*tornay'l bas;and(k+)at coated set
G.0 Setter 0 Buyer handle)ed complete Mb transaction as a pan d an exchange d*kestrels properties
r edcrdence nth Seddon 1091 d the kwanel Revenue Code, es amended A4 soperwa in
aoaneaaort with the oontanplata0 adores wit be peld by he eeahenghg pay.The other eery nIl
not baa any agog*er Meaty wah reaped to the eata+ee.The putts:gree to cooperate Sib and
in good bath to melte and consummate the eadrhge as es to comply to the madmum mash bale
vnh the pea1k Mks 01 Becton 1031 of the IntMMt Amen*Code.The ether provisions at Ma contract
MI not be allet ed in to Wert tie contempt ted.estw a tab eo soar.
Ig.WTEIVAL FACTS:To tee best of Selbr'e kneetoi a and belt-(Choc*any one boa)
0 A. Setts ie not aware at any mapiel dlecla to 1M Property accept as stated In he attached Commands'
Property Condterh Statement(TAR-1408).
II B. Except as aehenitee provided 0'fhb contract.Seller is not aware of:
t) any subsurface:structure*.ppffeae waste.sDdnnp,or bnpdNmanb;
2) any parry or threatened hen.=damnation,Or aeleeemmnl affecting tie Property:
9) any ansfrohnenid Wards or cordless that materfety affect Me Property;
4) wheals the Proper,Is or tea been used let 8th alorepe Of deposal of hazardous mredab or MSc.
siesta,a dump she Or land**,or any V'degtound tanks Cr°treaters;
IS) whether radon,mattainig awwlM/, urearonnatlaryde ban terAacn. bedaaaed
peke,1000 mold po is abed hal it atenereely eters the health d ardnary occupants),or dew
pokusnp or coeswdnanta of any Altus Are exist or ever existed on to Property;
1 any remands. as dated by ledarel or Stale tee O re9uIaibI-on the Property
any threatened or endangered epecite or ter basket on the Properly;any present or past infeetatton of wood-d aroying Insects In the Prcpertyh* nprovama hs;
e) any contemplated maleoel changes to the Property or su*oundUp are*Pat would insanely and
detrimentally elect the adtwy use of is Properly;
10)any aa>dllon on tie Property Mat violets any be or adlnana
Das mho any aaregOna to(f).(ro)0'Paragraph 12 t an soaendum)
20.NOTICES:AI nodose between the parties under tee oa+bect must be In wee inga and are effective Own
hssddetveled,malted by candled nll return Meat sWeeled,a Ura by taaimrb trahurrsbn to the
Wigs a#esoes or laconic numbers stated in Perepaph 1,The partes wit sad copies d any notices
to he broker reoreeenting to party to sham the notices are sent.
IS A. Seller also coreanta to owning any notices by mal en Sders aa'nd address stated In Prapreph 1
IS B. Buyer also consents to receive any notices by e-mel et Buyers small address Staled h Paragraph 1. •
21.DISPUI!RESOLUTION:The partes agree to neeosele in good lash In an altorl to resole any depute
related to tie oanrad the owl she.t the depute cannot be rase/rad by rep:Slason fan pates wit
submit the depute to nwdaaort batons resalrg w mkbatan or ltpaton and Worm/ft dere the mea at
e mutaaey acceptable modeler.Thio paragraph swam*amination of this contact This peragrapn does
not aedde a party bora peeling abatable nag tone taut of competent(udedctbn
ran.1100 1.1.11 Mind krbletl tsbn by9olo ._-..ale airy rmy.,oa IS
I.e.nr.Yr.rMo..Yr1NF WOO ronWanLro.MIR.rara.{Lt-nid.
RESOLUTION NO. _______EXHIBIT A Page 21 of 33
Gcwrwadal Genoa•dimmest Nam"arreeurs Arc 2a]tor
22. AGREEMENT OF THE PARTIES:
A This contrWt is prong on the herbs", breis hairs, ace a ors, ropesenWine, succeeaora, and
mortiseded assigns. This mrtrac is to be wr.n»d In as wdana rah the Ion a the sate of Toss ti
any Wm or=MUM a this wand shall be Mid to he Mala or Anatoceabk,the remainder or 0*
coveter shall not b.abetted thereby.
B TNs contract contains to robe agreement d the parties and may rot be changed accept hi may
C. 11 this oorarad ie eaedad in a number of ider&al counterparts.each counterpart Is an mond and dl
ocuraerparts,calectirely.constitute one a gree ort
D.Addenda wMdt me pd at the contact any(ON&ad that*pin
1} Propetty Ceecdptkn Eshllt ldandled In Pa 2;
o (2) CommerciaOonbaolfhrricigAddna as AR•19c11);
o (3i Comrardal Poverty COnallon Stalwart Afl•1409I;
o (4) Commode Contract Addendum for Spud Provisions(TAR-1940(;
O (5) halloo to Podded d Real Proparlr In a Fiber District(MUD).
O (g) Abandon tar Coastal Amos Property{TM 1919)
O (7) Addendum for Properly Loabad Saimard of the Gu9 Mtrsooedal Watsrwsy(TAR•1916),
O (lt) etrraesion About Bedtrage Srvaas{TAR•2501);erg
0 (p) Sproosa3_rmvlaims&edendue
Nage canerv.or raw masa* roklinle uncap awrAw ase r arsine aaMrr Mel•••/peehiilr
as re.""err Ever Ckrerra a frost apearW at WM»awhahwra t>rw rut a.reeV
C. Buyer •may 0 may not resign tit tontsot.If Buyer assigns this contact,Buyer riti be Mood
Ca OM future iaWM under this contact only E 994 assign..assumes,in offing,all obyetlor wd
heoWy ot Buyer under tie corset
23.TAUE:Tree Is at the essence In this cop tract.The parties require stkl oarpIvoe wth the*nes tor
prbm c.It the last day to perform under a provision d Ns contact tela on a Saturday.9+dr/.r
egieiMlday.the Into for psrtomtanw b mtrded will IM and of the nod day which Is rot a Saucily.
Sunday,r meat hoidey.
24 EFFECTIVE DATE:Tho ansosve data ol Mit convect for the pureese of patanrarra ofd atrlgslid t is
fro data the title company ramp*this corers*air al paries airmails this caeca
20.ADDITIONAL NOTICES:
A. Buyw should have an ebbed covering rho Property,..wined by an boner d Buyer's seliWon,or
Bur(sitawd he lurriabed rah or ddatn a tide pal&.
B. It the Provrty is abated in a Ally or other atalutony coaled Arida prootdrq*Mir, lowor,Menge.
or flood ental babies
c
qand
aamloes.Clapl.r 49.Uta 1WMr Code,sgWrw Sear to ddvr and
th ur oMora
th
ettmetary
ne01 tl Mating
oto
t tan We,bonded tndebtedw0.or standby fees at to
districC. Nolte Segura by 113257,Wear Cade_'The real property,described bolos,that you ars about to
purchase may be bated Pt a oertltiaaed waw or*crop bents saw pact a suttwrtsad hp ice to
protide onto of sawtr srMca to the proverb's in 194 ortawfad Woe.t tar a located it a
corbel:Ned area there may be apace meta or dargae that you Oil be to pay bels you cafe
realm water or war sera*.There may be a period roared lo eoretnot Inas or carer babes
neosesery to provide astir or sewer asMce to your property.You am staved to detersirro 9 to
properly Is in 9 conalcaled area and strata Be leaky scrota provider in dooming to coat tat tar
TAR 150@)1•t•te Mairira rut bMlbKrh W 5,ew Vt. _ad eayvf•se:•..,_,.Pap 11 a tt
rwrter.rteart sere..arw.a r,rrrt,arrn.arr rwaww YR.el* Wert
RESOLUTION NO. _______EXHIBIT A Page 22 of 33
Conrraarl Carina•tkhlVeerl PtopaW telerrriog
MI be regard lam ha
Poled. ant,.We it ropueeO to mere weber or sewer minim N your
The purchaser eckncrekdpee recaps ter haumby notice ala before
the execution of a dnang contract la to Forerun or We ren property described in the notice Cr at
doing of modem of the red property'The reel property Is described In Paragraph sol this contract
D II the Property adjoins or raves a merman boundary wet M Misty W,enced submerged lands of the
kir,p3133 of the Tach Nakra1 Resources Code regret a rodeo meaning coaafd ant property
to be Included ms pert of MMP oarkact.
E. II the Property it located eeuaeed of the Gus Mfmoosatal Weartray, on,Tessa Bryk Fleaworts
Cade,revive a norm regarding to strewed knew al the Property to be Inducted as pert d this
contract
F. II Il+e Property is boded abide the herb d a mu+ilipaily.the Properly may now or lobo be rectrcleci
in to ematenhorial jucts c*lon(ETJ)of a os+ictrahr and rnmy new a later be sub Si ereeation
by MO ruiapaity.Each munkpawlrtdyanmanner a map that depicts Os and ETJ.To
dalemine a tie Property M lowed a nu0opatye ETJ,dryer Moltl coned i munidpakks
located in the orleral pgdmhy d the PrrpertY da Porter kdomteaon.
G. Broken an net ql.M ed to paten property knpocllona,surveys.rumoring aides,enthrone-MI
assessments,or etrpeeW.to determine compilerae wth axing.povemeertd raoiAdione,a tewa.
Buyer should mat meals d perbtm such Sentare lever should wire but bating Codes
orderless andothermpliceble Mae to determine their erne on tie Property.Selection of s perlc.
determine
Inspectors.ad
iri
repairmen fa Surg al apugesy d Brom and not mo brokers.Brokers as not quashed n
H NOTICE OF WATER LEVEL FLUCTUATIONS;11 Me Piopery adore an lepoundment al eater,
Indudky a resent*or lake,corshuded and edntelned under Cheply 11,Water Code,that has e
Mir aapaoly of at Ieet 6=0 seranet at Fe irepoundmant'a normal aperadng level Solar herebymainBum..'The%new level or the trpounde re or wooer edpint;Or Property Boomer ler
various nears,louder as a react d(I) en entry Iswtu y arereakp Si right to use the wooer erred•
re the impotnMtSrt;a(2)drought or flood condition.'
2e.CONTRACT AS OFFER:The elocution at this bared by to Win parry cansbaes en otter to berry or sea
ere Property Unties the other pert'accepts M atter by SOO pm.,h the Wm zone in which to Property is
located,on Mev se. sass ,to body MI lapse and became nut and void
READ TMS CONTRACT CAREFULLY. The brokers and spores make no representation or
reoosarradatlen ea Sc the IeMM mutlkMmey,legal effect,or tea consequerwn of this document or
yersaeago.CONSULT your attorney BERME dgt*i.
sheer'.eayrn/._ICaitttons, W ewer.VaaMt,
acts: Term Ymlller,_
et'—i4j=..l cy1..,.w. ' Ge LLC fre
M engin etJ eY Irp+wnt
a4rmd Nana I i —_.. awned ebur • i. ,
red
thr fir
err t,O'ah'n: IIY Wireael:
PrtNr0 Num. NNW IMrw.
Tar
TMtetltl 1.7.ie hittad larkuft+alon by Stew SL._/rd al+N, .__.._Prp15013
news red aHaa4Kw omewls. nut.M#Y r/+'+ar+a'ee tr.Cera*.1.6/6
RESOLUTION NO. _______EXHIBIT A Page 23 of 33
Coarrtal Claim•tWtpr.i$f+vwlf aentrate ,._. _1:4C P.dhras
AGREEMENT BETWEEN BROltVt5
Mee ares A fetap tn+lK17 a ascot
pylrlpal Bram agrees to pay Cooperating Brclta0 a
tee a tie pdnapsl Emeei a tams mostred Trek*to be pekl to Coop/ratty Enke will be:
O cr the selas glom or
O or 7w PrMpiI8rdash be.
The Ode coiwy Is authorized and*cad to pay Cooperaehg Broker Morn Rkcel Brokeh lee at dosing.
This kreemant Bmtw.en Brokers supersedes any pnor otters and agreements kr CMnpefaatlan Cavan
broken,
thy or
ATTONIBYB
Barite Owner a.w Cont::. Burnes Stray
rel :•._ I •, ..
AlOiw Isis e...•aia slam.
77s5B'
adnis • t
74CemaOtacl
rororr Phu*srat;;1
C-.rt mike.eMt6trweilr.lmlar.<Mt_. Caul '.. '1 t Yi rr 4•J
Sellses seorney muses copse at mouments. Byrne asorh5 requests Copan at documents.
rrafc.s,and other intorma/ion: nacos.and ala l danrtata :
M the tlib company sends to Saler- P-Bo SB.company Garda to Burner
RM Buyer sands to Bse.r. Smear sends to Bayer.
esatow moor
i
lbs UI. company arecremeed0e.wept at
DA the cornett an this day
BwIn form(
elective Oral.
amOI. 'Mast moray in the amount or I
an
Tseoceforr.
Or. Prot a f
Aaskpedlb monisltuil._. Email
raa•Iaaal I-I-Il rept 135113
eswee______ 9.14(11s.%Wm
RESOLUTION NO. _______EXHIBIT A Page 24 of 33
1
Addendum to Comnwrdm Comsat-Unimproved
Properly
ttb Adandmr b Canmaoat Coded-ta4frdecood Prepay t4 attedred
e
to end
aiddotutGerbilCommCalked-Unfiltered('
woven norilloribwo,LP time)and lAirSd.tree.filiwel
ti Aldro es,pummm to the Corked to 6elr dukes ire sal a@dams to buy P
ram property Moen demoted baht approatnleey scree UMkComityTaresMammaend
0, Widow pular and Bahr deed,b set forth weeder.femur aid oendtlw to Pr Contract
Now. Brerekno to adrrrd.teden of the mutual Norieds harsh artressed and as set to.In
Id Conked.to Beller and Bryw uprw r leans
1MM the met d any cadet or errtipily as between the CorCorkedeCorkedale
et,pre Adaantlun efral oonbd
2. EDAM The duMpOon a!the Pruned/el{t1011111{,41 and P.modem Prctddy m EtL1ot2
d the Centred Md be amended and seeded astir to codes ale bounds aespaon of
M Ptgpany std bre Optton Property prondd to ooyauton set to aunt'paaeee by
Salty.pxwnnt b Psagraph0Al.of t e GOYndt.
st Ips tmW,T1n tor.peed d tees P1 dap nYnno.d M Par.gaplr 6.A.d
y Den4art sin .dTi1ad 0100 entirety e d mplaord web a tina pdod alb"(6)drys,merle
tat H.Earned Matey shell be deposited by Hs Bow nein P.Ills company rot Merton 0w
5)days from to ntisdlw ale et Bol Coded
4
V,•.,.Y
BO..ar SC ce the Centrad k hereby
armory era maraaeo erre. -"r
Qt or before the dale that 4 Men(16)days pear b to erpeaeon of to Peasbtty Ode
Biter net d(ect in ening to webers dlameed In Be commitment.fitment.udplee of the den merle
eutbcbq Po ettombern,and eery Noted survey If NI Pa mets,dlsdood an a tubktlar
Loon to Property d cod dda•add.term or ernanrbsna b t1le oder awn Hese permitted
by*N.Canted or lore tot Weiler 441 e.tlefy n CkeNp or Buyer 4r6 asters at Om44,or MIheOroslensHatanyputatthePropertyIlesInaspadefoodhazardernpn'A'or
awe as WRdd by FEW). I He Bsrpr m3Uas old obpcaatts r talrrnea in to pews.
its Bets heti flue ea obipaten b rue such obdeeilms,and He puler',sole remedy dot
ba the Ogre to leminaf.K proofed kr in Peragradt T.e'
d 055,wow'd He Contact 4 hereby card ere minty are roomed 411r Ira r0anip
Tee Property le pet of he AdeNorol Property,as that Um I donned h to
b iia.araNan d Restricts Ccvenarrle end Edemas for The BoCorrtdor Dlettt drmd Apo
21 2013 and recorded an Doomed Weber 01164166 and a poor OR.Volume 11313,Pape
1,In He rad popery words of Brims Carney,Ts®(n amended..poermnted or
otdrelse modied from Ree to btu.,Pe'BtoCmMor Ocideraddel. Conl.mponmsouay tyle+
Cbstro,bold died rueud and remit an amendment b the BaCowldor Ugandan rilemedradon Arrattdus[l,meter amandnerd ere be it form and subrtaroe reuen.ely
acoepirtM a Byrn and hell provide lar 10 Moorntp.(1)the eddtlon d Ito Property to to
ddriton of Property las dapnd h Me Dedrarden)and to anrdeedon d erre Property era td
Vend(2) a reeektan b be trimmed on ere Property knits M w of/o Property b he
n4Mata/MO4.40ft,_041444 04044 NMM.•a Gm.*ol Calm SU.m 14r
RESOLUTION NO. _______EXHIBIT A Page 25 of 33
OOwhpmert Pwpws(as tonlnrtr deWa)tar We tial(1')asset(20)?are tottoeirp the
necmrdltat date of de Deda.Iag Anwdminl and(3)1W RrpuNrw Op.ar dserad on
Sed to r T hereof Men tarty(30)days tdoahg the Melte Ota of to Oweal.Seller
Mill Weir a dal of to OOderallon limond..fd Ia Bufr for rsima and eppie of and We
prow anal egos at to hark of sun OetrMon AmeMnert prior le the tapylathn of is
Fessbity Pared.
fa pap•..,of set godson 5,di.'Da aopnMtl drowse'dol swan an oats butting a
b.deat ineorawirow not left Ota:eppnefnady TL0000 equina testa Data apace and
noir tiles yarrow a Mar parting leoNles
7 gl.Pthr to to err smite of to Fartlty Paled.We wryer and Sda ant
arm on Po room ocandeltme arei from of a dge*option to be locker!le the tem of
Drefintin Amad.ns t here 9aruntesa grebetry whIch due Setter ad two We apt to
redueteee to Propai,It erg.Soya as lo ammonia wnabudWa of du Property In
according ado the Dewopmad Putowe viten shrews(1t)mania Moults the Posen
Dia. If the Sia ewe I.enrolee to Frowners*Opdn,We pintoes pan ea Bo pout by
Wear tree Propat%OM be the Suye's steal R,ctua Pita dine Property.
Aadthrrdy.prow be M dwng of to Opnen Propnb'(as dieted Woo).Wyar and telex
Mit nettles a nes intendment to Pe IioCe1MR DWWadn.f1 hero end e,aaarot
remondty artroth&to the pates the pganhodatatilmtamtl With immense
Mut gat tabu•wroteserines oaten pr 8d W ae b M°peon Propriety,gad edits tap
be ruaeserterty sinter to M Rapadmw Orlon Under We fora el She OpIan Property
Menemat.Seller Mil herr We*Yr to nplmtew des Croton Property t Bayo lode to
mneme rice oautrwbn Of the safaos wrong ems or other paebp Ogees or an a paneen
Or the the radMNp tame et ere Property,erPW tipleeen(i mores lola.mp Si.doting of
de Optsrr P,eprty Ile ro.lag Pr.a.W Rea.e ua'). P Ne Ser slate to wrdae M
Often Property Rwelaw.the Wdera pia to be pad by Son tor to COW Property
dot be We Pupal wee PwMaw Pin at the Option Property
Fa pupaes of to tertian 7.Soya shat be downed to tow a ranurud raaralrudhn ane
Pmpany la M Open Property,as.pplotbte)a Rye hr Boge any at work at tie
Roreit,ardud.p cadet.adtaca+p.a ted eawmen a aeneaaon of et and sees in
o amecton vett tW tai euctlon moww.
e. Allan to Addtane lint Al CUMO.Sdr tap gin Bina an wsatOheaISge)
10 p•ti'aw an irodtionat 4.43 wee of red propey eleWed aOMert li Ina Raptly
yogismayloyin aa deaaoed on MOLL beta.The Graces we be eroded to the
drone rd egnenals rat forts It N fool at to cotton lo be agwel upon pea to the
metras of to feadefy Periot be etch del adodsfo tebatg leered'
a. If®.The Opier on 1M Open Property*tl woes stet'(50)maths alta Si.
Ceske Del.(te 121012 n.'>•
b. MA Cuing tie Opeon Wim.tee prontoto be pad by the buyer b P.Oplen Property
Wel bra Mane
I 111100 per aqua*toot t P.Chang as tie Opton Raprty awls an a Wogs
Daamtar 31.2017.
I. 37.00 per sown Mcg P the Chang at the Opdeer Prepay eerie alter
Oowntw 31.2017,and at carob,Deeanbsr 31,2011;
M. 3750 per squire Mat 1 the C)wng an to Open Poop sty oasts after
Orearaa 31.201end an Or Oak..Mambo.31.2018 and
h. $0.0a per equine fool If Ws Dotg all to OpOar Property tours saw
Ceoemtar 31,201
tVU.
g
eewurra./saw-faw".aCbron ewsreasuu ay,I.
RESOLUTION NO. _______EXHIBIT A Page 26 of 33
C.011e+w t The Orton Property is Woo part of that AddIlona Pronely
d In
re'
dom BioOorttlar Daabroton)'rporanaor7 doors the Oefre
Property,Beer shall aeeaMs and mmol ell Oprer Florid,'Amendment.WWI
emreadrrrrt ern be n lam and aabelnoa ream**eo spbble b Super and that
made tar be bloater (1)des eddtaa of fins Opdce Propery to the dlnbon a
Property as ar*rd Ir the Dadr>4or)ed Me arrarFlFw of he Orden Propery ere
to Deekl.GT)a rowel:Son b be onpoaed en SF Cram Property Seung the we of the
Orton Prtpe'ty to IS an apraaion aha the>,Wdbe ton tan to Pwetr e'rdror t1I
Re egantkn d perktag en F.0ptlen Properly b a[oormnoder 1M OeWopeiad
Repos*of the/igaty,ewe nselwaa airl eedr*s tarty RBI pane tabors
the roconheon deb of F.Option Propery Amedm4 all(5)rte Orton PPWwly
Rapuneeee daalbe d h Se?bn y Med
pAWIIIIIISIMIAIESSILSJINIpudgy M F.aESfy Period.Soler ghee
aoapmab Pope la from Baa Ar41acVnl Roder Bond(am dotted M the
StoCerida D.dreSen)spa • ho au era Mended we d Me Properly CIO*is pin and
budding oMNalbn:(15 easing nom^:IAd PI Sento mrolmeral prrW inn tor lee ailing.
ID TewEr of Pommes b Sellar The Peas adtnordeJ.Mai re Priest/b Prae'e)*world
in be supe try Orrin Ccramem art Oe5Ntenert he.a Taus aria*aarpaaeon
recall and Sailer res again mmacluai Vet to ib Ike to the Pronely Orson b e
orepan a Prey;pg mor ern reel SCOL S end be a lordlin le Meng,Vol on or before re
arra,SCO rap leve wweped at dee e.nrohyinWoote In ea Property to Selo
11.geneeentedeeejegiterepeare As an haennws to Buys to enter too to Created all
Via Adde+blm and to p dine the Property.Sete'wrranb and raprwere;b Syn.a
blew
Baler Ira Pe AS owponds rawly and power to ear Indo end terry at me knee of
the Contract e+d Pie Adderdun.
b TM eeo.gon end denary wt ire Carnet and F.Addendum and ea oa ernenten
of the treneaddna toren catrrplord In*anfVWar PM ter ems and melba*of
the Carted and the Addendum SI eel*mart roto or,Wheatt ore game a mace a
p..auga of toe,repel In tat sera d any bra a pror*rs d a mnrwta a Wee
under orp Prnme'd or ape.mem warn the Seen I.a eery ef b shah b area d
the Seller are band a any pdyesnro rote'or donee of any can harm prrlede:Ion
aver the Soler a U propata
a Pb tracta a am abet legal proasarhg hes been fled as to the Progeny nor b
Sebe*enovte dg..Ms any such 45*1t a repel proceeding been Metered.
V. To t e Seer'.tradedge M Property I not rgact b afro opedel aresemews by
arty gosemnobl array. Saar Is du'Drte'er'r ruder the ObCSrdder Daaaratler and
meant to Peareph Y4)Oda HoCorrldor Dellen len Sitar has to aArrtatbt to
mewed ere bletonerer Dadangm Mho*the seporel d ay Orr Owner or
Mortgagee (as Itere ante are datpad m Pe eloCarbar DMrrer) r such
ams dsent has no ewes efid an any auto Omer of Wahiagaa
a No labor ho been pobrmd or mate*eat lehed ler M Property Pr ohlch hs Seder
ore not Mrolorore orb pate et ler 4541 a mad ank r or m.Mdner'e Spa or More it
my car tan can be ciahrd by any other parson,pry or silly
I Throe ma no condemtaadkw a adnw darner proaeerge raft or.to the S llses
lrcaisdpe conterrwhard ogre*Me Propay.fry psi three or eny ararsrp scoop
acsopa.vie.rem,*Aro*Ow-Mid,.W Cew.nf.Catena I41e hp
RESOLUTION NO. _______EXHIBIT A Page 27 of 33
to IM Prap.y sad Pne MOW arm.nowt no nolor of the doses d any debtsOwnsof.ease arab to wirer prop.rty a any part tereof.
p To alta Eaters anatAdp.and.M no duty or rwpa aWt1'to mwripate IM Prcp.*
la free Pan any and al hna dour a auk saes,maieW err mold ate!Hiro
ere to PCS%and yarn%awing tanks or Mottos on a In'.P epaly
n. BMW P arta•Pert W panne Fitment at Seance 1445 to the Maanwl Ratan coda
of tale/iw.Haid}not Is am nate of the Property*Www to any eldWldfl
r.a/r.nWa Inpased by the Infernal Rewraps Code
t &rompl.a mrsempaad In the Outset BOOW dl nal MMA*ale,0a' !,easbn,
p>.dpe,anm.nler.Immo a oa* od to am,canny,man pledge.araenl w a NameadoranypertortheMapody,Wreath*Mr ate or a5 or any pat or Mae properly rue
ata a Glow a it.linen wry ides N mutat MM Me Cairene and Pae AdOwelm.
Bette eddttmmly rnaby mprw.da and moa ib Mit no VIPs d Peal seianl Opt a
tat otter.of*fair awatirarb mit in-Tm03an.Mn M Pme*b PAPA arida Si
any may So0Ara.ah Stew.*bitty to purdrae M Prow*w proddd M .a
radii N h any way M c.ttrarrantk r o/the a-Mt and Yanl of the Connect a pro
Addatomt.
I Bola him not mash.?ay salon notional from any pown.rw.a1 a Palk
authority mete Meg h Propetly to %Patton of my tapaeslM Mitre toe
Mammy. mina or Gra or ofd tin a MOW.to Saes awdMps IM Property le
r4 In MolePOP Way ap$cat a bubhp.w..omrsncy aa9ap a iwa a agnProe
NOW'r+pnt.wr.atlaw a d rarrarri..coney/hid M Mrs Paragraph 11 shad servse b a wird
or MM.*(l 21 f w n%hose We dab of Querns
12. NoM/IhMa k5+p arythinp wradned a the Conlmut to P. contrary,Bupw may
n canted unhurt Wars pike consent It Stya omens the Owned.pipit 011 M
related set any Adan Nablly under the cordate I to.ammo omu'na h Mplt an
oblpmgan and tabileyd Buys anew the Contrail.
13.Th.MO.tdum may be saoa?rd In Hoop,sufaarpsitn ad a het a warred
and minted copy d Ma Opaline of to Bata and ttay.t Mrs to arhut.a dor alt papaw
Wawa this rmomalty or ddhertrit an*lend.padano
ter. ggmp.d EN1ah. TNs Addendum le eltec led cord.my*ar.o.a.M Mm Contract
and.nae hate en win*ol/otlh.date as Me Cat.?.
15. the Coning!and Mea Addendum may be coccie?Si MAIM eaatarpaM.
pdr of MOM may as deemed an alerW.and an or such murd.pab apeMr Ven arsdM.
ane and the mm.outface.
LsW.taes on bMcvlre pop]
ilii**•
1]tt+sed*_ W sun.,/dl.Nn DWnuermaa 3.1146 hal.
RESOLUTION NO. _______EXHIBIT A Page 28 of 33
NULL
111vAM/TPA011011.1,V
M in .,.AcesUit i,LL[
er
isinirdres cantina as Iaisrhs W+I
Masa.MD*rtqe,c4>Mr.aslMn w QwMW tcsno sasx hn f
RESOLUTION NO. _______EXHIBIT A Page 29 of 33
NASA T,rHC
fMrw: h.Ct2(S`f- 7 r.(t(1-T{tlC ti•iC.G prr- Ti {1 t
frYti f j d 4/.Il:t-e#1 i f'(t/(ire('
SIAMA
TUU MoSI,C1+b'inter.VAWmtt hw«n+I W .i$.17.1$ Pop
RESOLUTION NO. _______EXHIBIT A Page 30 of 33
41 L,
f3TTNklT WTii6 S15
4.
isp 4•d
ffei0,
0
4 _ \ ? .. '
4 __.---:_,
ey 7,
I: - A 4' '''' -'
cwarrsmnAN•P$4 i
N........". -.
RESOLUTION NO. _______EXHIBIT A Page 31 of 33
1 fr. / i Tt ".; Ar ttZ.. '','',/'
rl)03ACRES
muAuma,• A'
r#y / /, ICGLJRm A0I Nd2{
ofst0.101t391' l 6i"
fry 1 J 4if
C • t ; r
Nki,, ,
tt4/1
i et' 8ci
fIMKtTT pat MAW NMI
v
Y"Fi
iiip
ss
r.w.soaMSM.vwa•wn.+..+.,.. rlr i.....lrr
RESOLUTION NO. _______EXHIBIT A Page 32 of 33
I
1
tOPHAPTIOU11!NM 1 , ,
r
i,
1
t...,"'..--*. • ..
comarrantrueo•..uso
l'''
1
4,/.' • '-..'
7,....• • ••i• :
1 It,.
o
i. • ' 'Oh.... •• •:.0 ) /1/ . . '-,. -'.'::- -
l •1)1 M t .- -
V..'k.
Wirt Ott PLAN A404014S
RESOLUTION NO. _______EXHIBIT A Page 33 of 33
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0069 Name:Lick Creek Waste Water Treatment Plant Capacity
Expansion Design Contract
Status:Type:Contract Consent Agenda
File created:In control:2/7/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion on a Professional Services Contract (Contract No.
17300251) with Freese and Nichols, Inc., in the amount of $4,788,765; for the design, bidding, and
construction phase services associated with the Lick Creek Wastewater Treatment Plant Capacity
Expansion Project and approval of a resolution declaring intention to reimburse certain expenditures
with proceeds from debt.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Professional Services Contract - A&E - LCWWTP Capacity Expansion - Signed
Project Location Map - LCWWTP Capacity Expansion
Project Rendering - LCWWTP Capacity Expansion
LCWWTP Expansion DRR
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a Professional Services Contract (Contract No. 17300251) with Freese
and Nichols, Inc., in the amount of $4,788,765; for the design, bidding, and construction phase services associated with the
Lick Creek Wastewater Treatment Plant Capacity Expansion Project and approval of a resolution declaring intention to
reimburse certain expenditures with proceeds from debt.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the professional services contract and recommends approval of the
resolution declaring intention to reimburse certain expenditures with proceeds from debt.
Summary: Freese and Nichols, Inc., was contacted to submit a proposal for the design of the Lick Creek Wastewater
Treatment Plant Capacity Expansion project based upon their selection as being the most highly qualified firm in RFQ #17-
002. The scope of this contract is for the design, bidding, and construction phase services for the expansion of the 2.5 MGD
Lick Creek Wastewater Treatment Plant to a 5 MGD capacity plant.
Some of the major plant components that will be included in the design were identified in the 2016 Wastewater Master Plan
and, in general, include the following major elements:
•A new coarse screening structure for lift station protection with associated screenings building.
•An expansion of the influent lift station and odor control systems.
•Expansion of the existing headworks to include additional fine screens, grit removal, grease handling
improvements, odor control, and evaluation of overall headworks effectiveness.
College Station, TX Printed on 2/17/2017Page 1 of 2
powered by Legistar™
File #:17-0069,Version:1
•Expanded aeration basins and blowers, master planned for future nutrient removal. Design assumption is that
the basins will be conventional activated sludge sized and arranged for future biological nutrient removal and
potential uprating.
•Addition of new secondary clarifiers and improvements to existing clarifiers to reduce short circuiting.
Budget & Financial Summary: A total of $36,525,000 has been budgeted for this project in the Wastewater Capital
Improvement Projects Fund. It is anticipated that this project will be funded in its entirety with long term debt. The
“Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item
because the long term debt has not yet been issued for the project. The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” that accompanies this item is for the project design and associated costs. It
is anticipated that an additional debt reimbursement resolution will be brought forth for approval closer to the time when
project construction is expected to begin.
Attachments:
1.)Contract No. 17300251
2.)Project Location Map
3.)Project Rendering
4.)Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt
College Station, TX Printed on 2/17/2017Page 2 of 2
powered by Legistar™
!
?>
Vä!!2
!!2
!!2
!!2 !
!
!
!
!
!!
!
!(!(!(!(!(!("¥
G!.
G!.
G!.
L ICK CREEK
A
A
B
B
C
C
D
D
E
E
5 5
4 4
3 3
2 2
1 1
ROCK PRAIR I E R O A D
Legend
G!.Fire Hydrants
!(Isolation
"¥Air Relief
!Fittings
Distribution
!!2 StandardVäLift Stations
?>Treatment Plants
!Fittings
Gravity
Force
Rivers
Project Location MapLick Creek WWTPCapacity Expansion±
±
Created: 1/17/2017
0 230 460 690 920 1,15057.5 115 172.5Feet Feet
Overview Map
DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness.
RESOLUTION NO. _________________
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
PROCEEDS FROM DEBT
WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and
political subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project")
prior to the issuance of obligations by the City in connection with the financing of the Project from available
funds;
WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and,
as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance
the Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STAT ION, TEXAS THAT:
Section 1. The City reasonably expects it will incur debt, as one or more series of obligations,
with an aggregate maximum principal amount not to exceed $6,000,000, for the purpose of paying the
aggregate costs of the Projects.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt
obligations will be issued by the City in furtherance of this Statement after a date which is later than 18
months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with
respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to
this Statement more than three years after the date any expenditure which is to be reimbursed is paid.
PASSED AND APPROVED THIS 23rd DAY OF February, 2017.
_______________________________
Karl Mooney, Mayor
ATTEST:
_________________________________
Sherry Mashburn, City Secretary (Seal)
Exhibit "A"
The project to be financed that are the subject of this Statement is:
Lick Creek Wastewater Treatment Plant Capacity Expansion
This debt associated with this debt reimbursement resolution is for the design, bidding, and construction
phase engineering services related to the Lick Creek Wastewater Treatment Plant Expansion project.
Some of the major plant components that will be included in the design were identified in the 2016
Wastewater Master Plan and, in general, include the following major elements: a new coarse screening
structure for lift station protection with associated screenings building; an expansion of the influent lift
station and odor control systems; expansion of the existing headworks to include additional fine screens,
grit removal, grease handling improvements, odor control, and evaluation of overall headworks
effectiveness; expanded aeration basins and blowers, master planned for future nutrient removal with the
design assumption that the basins will be conventional activated sludge sized and arranged for future
biological nutrient removal and potential uprating; and the addition of new secondary clarifiers and
improvements to existing clarifiers to reduce short circuiting.
The total project estimate is currently $36,525,000 and it is anticipated that debt will be used to fund the
project in its entirety. An additional debt reimbursement resolution(s) to cover the balance of the debt will
be brought forth for approval closer to the time when project construction is expected to begin.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0070 Name:Change Order
Status:Type:Change Order Consent Agenda
File created:In control:2/8/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion regarding approval of a change order to Contract 14-
239 between the City of College Station and BerryDunn increasing the contract amount by $279,500
for additional project management services and expenses.
Sponsors:Ben Roper
Indexes:
Code sections:
Attachments:ERP BerryDunn Change Order 2
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding approval of a change order to Contract 14-
239 between the City of College Station and BerryDunn increasing the contract amount by $279,500
for additional project management services and expenses.
Relationship to Strategic Goals: (Select all that apply)
·Financially Sustainable City
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the Change Order
Summary:
On June 12, 2014, the City approved contract 14-239 with BerryDunn to provide Project
Management Oversight for the ICE Project. The contract was for the amount of $645,638.00,
including $584,582 for Project Management services and $61,056 in estimated travel and expenses.
Project management services started in August 2014 for overall ICE Project Management provided
by Susan Johnson for Munis Financials, Sungard (formerly CRW) Planning and Permitting, and Work
Management. Marcey McHatten also provided HR/Payroll PM services using this contract. Starting in
summer 2016, Marcey McHatten assumed all BerryDunn PM duties.
On August 25, 2016, Council approved Change Order #1 to Contract 14-239 in the amount of
$107,475 for additional PM services and expenses. At the time of this Change Order, the ERP
schedule regarding Utility Billing implementation schedule was not final.
As of February 10, 2017, the remaining fund balance for PM Services is $2,312, and $22,520.78 for
College Station, TX Printed on 2/17/2017Page 1 of 2
powered by Legistar™
File #:17-0070,Version:1
travel and expenses.
Projected PM hours to complete the HR/Payroll, Utility Billing and Fixed Assets implementation total
1550 hours ($263,000), with $37,990 estimated expenses. This change order adds funds to cover the
estimated hours and expenses associated with these implementations.
Budget & Financial Summary: Funding for this project is included in the Facilities and Technology
Capital Projects Fund as part of the ERP Replacement Project, CO 1204.
Attachments:
Change Order #2
College Station, TX Printed on 2/17/2017Page 2 of 2
powered by Legistar™
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0073 Name:Extraterritorial Jurisdiction ILA with City of Bryan
Status:Type:Resolution Consent Agenda
File created:In control:2/8/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion regarding approval of a Resolution authorizing the
Mayor to sign an Interlocal Agreement with the City of Bryan, extending the College Station/Bryan
Extraterritorial Jurisdiction (ETJ) common boundary.
Sponsors:Lance Simms
Indexes:
Code sections:
Attachments:00 RES 1 FINAL w/agreement.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a Resolution authorizing the
Mayor to sign an Interlocal Agreement with the City of Bryan, extending the College Station/Bryan
Extraterritorial Jurisdiction (ETJ) common boundary.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Diverse Growing Economy
Recommendation(s): Staff recommends approval.
Summary: The cities of College Station and Bryan entered into an Interlocal Agreement (ILA) on
March 13, 1980, to delineate the extent of each City’s extraterritorial jurisdiction (ETJ), future
corporate limits, and ETJ boundaries. The purpose of the agreement was to prevent the overlap or
possible conflict of our respective ETJs.
An ETJ is the unincorporated area that is contiguous to the corporate boundaries of a City. The
geographical extent of any City’s ETJ is contingent upon the number of inhabitants of a City:
•Less than 5,000 = 0.5 Mile ETJ
•5,000─24,999 = 1 Mile ETJ
•25,000─49,999 = 2 Mile ETJ
•50,000─99,999 = 3.5 Mile ETJ
•100,000 and over = 5 Mile ETJ
At the time the 1980 ILA was adopted, both cities had an ETJ that extended 2 miles from the
corporate limits of each city. Today, both College Station and Bryan have an ETJ that extends for a
distance of 3.5 miles from each City’s corporate limits. This new ILA will replace 1980 agreement and
College Station, TX Printed on 2/17/2017Page 1 of 2
powered by Legistar™
File #:17-0073,Version:1
further clarify ETJ boundaries as the cities continue to grow.
Specifically, the new agreement updates and establishes the following boundaries:
•The centerline of the Navasota River and the southwest right-of-way line of State Highway
30 (S.H. 30) to the east; and
•The centerline of the Brazos River and generally the northwest right-of-way line of FM 60
to the west.
The Bryan City Council is scheduled to consider this agreement during their regular meeting on 14
February 2017.
Budget & Financial Summary: N/A
Legal Review: Yes
Attachments:
1.Resolution
College Station, TX Printed on 2/17/2017Page 2 of 2
powered by Legistar™
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
CITY OF BRYAN, TEXAS, IN ACCORDANCE WITH THE INTERLOCAL COOPERATION
ACT AS SET FORTH IN CHAPTER 791 OF THE TEXAS GOVERNMENT CODE, AND IN
ACCORDANCE WITH CHAPTER 42 OF THE TEXAS LOCAL GOVERNMENT CODE, TO
HELP AVOID CONFLICTS AND UNCERTAINTY RELATIVE TO THE EXTENT AND
LOCATION OF BOTH CITIES’ FUTURE CORPORATE LIMITS AND EXTRATERRITORIAL
JURISDICTION, REPLACING AN INTERLOCAL AGREEMENT ENTERED INTO BY THE
CITIES ON MARCH 13, 1980 REGARDING THE SAME SUBJECT MATTER; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of College Station (the “City”) and the City of Bryan are both chartered,
home-rule municipalities and are adjacent municipalities that currently share common extraterritorial
jurisdiction (ETJ) boundaries; and
WHEREAS, both cities have subdivision regulatory authority and other authority pursuant to
applicable law in their respective ETJs; and
WHEREAS, both cities have an ETJ which extends three and one-half (3-1/2) miles beyond the
corporate limits; and
WHEREAS, the cities have the ability to expand their respective ETJs through annexation and
number of inhabitants; and
WHEREAS, a written agreement setting forth such designation, the Interlocal Agreement between
the City of Bryan and the City of College Station, is attached to this Resolution as “Interlocal Agreement
Between the City of College Station and the City of Bryan, Apportioning Overlapping Area of
Extraterritorial Jurisdiction”; and
WHEREAS, said Interlocal Agreement is to replace that one certain entered into by the cities on or
about March 13, 1980 regarding the same subject matter; and
WHEREAS, said Interlocal Agreement is being entered into pursuant to the Interlocal Cooperation
Act as set forth in Chapter 791 Texas Government Code, Chapter 42 Texas Local Government Code and
other applicable authority; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the facts and recitations contained the preamble of this Resolution are hereby found
and declared to be true and correct.
PART 2: That the College Station City Council hereby authorizes the Mayor to execute, on behalf
of the City, at the appropriate time, and with the appropriate authorizations from this
governing body the Interlocal Agreement that is attached to this Resolution as Exhibit
“1” (“Interlocal Agreement Between the City of College Station and the City of Bryan,
Apportioning Overlapping Area of Extraterritorial Jurisdiction”).
RESOLUTION NO.________________ Page 2 of 15
PART 3: That this Resolution shall be effective immediately upon its adoption by the College
Station City Council.
APPROVED AND ADOPTED by the College Station City Council at a regular meeting on the 23rd day of
February 2017.
ATTEST: APPROVED:
____________________________ ____________________________
City Secretary Karl Mooney, Mayor
APPROVED:
____________________________
City Attorney
RESOLUTION NO.________________ Page 3 of 15
EXHIBIT “1”
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION AND THE CITY OF BRYAN,
APPORTIONING OVERLAPPING AREA OF EXTRATERRITORIAL JURISDICTION
This Interlocal Agreement is made and entered into by and between the City of College Station,
Texas, (“College Station”) a chartered, Texas home-rule municipality and the City of Bryan, Texas,
(“Bryan”) a chartered, Texas home-rule municipality, individually or collectively sometimes called “City”
or “Cities” herein.
RECITALS
WHEREAS, College Station and Bryan are adjacent municipalities that currently share common
extraterritorial jurisdiction (“ETJ”) boundaries; and
WHEREAS, both Cities have subdivision regulatory authority and other authority pursuant to
applicable law in their respective ETJs; and
WHEREAS, College Station has an ETJ which extends three and one-half (3-1/2) miles beyond
the corporate limits; and
WHEREAS, Bryan has an ETJ which extends three and one-half (3-1/2) miles beyond the corporate
limits; and
WHEREAS, the Cities seek to avoid certain conflicts and uncertainty relative to the extent and
location of their future corporate limits and ETJ and the potential for litigation involving the same; and
WHEREAS, the Cities have reviewed their respective corporate boundaries and ETJ based upon
their respective populations and Chapter 42 of the Texas Local Government Code; and
WHEREAS, the Cities have the ability to expand their respective ETJs through annexation and
number of inhabitants; and
WHEREAS, this Agreement is also being entered into pursuant to the Interlocal Cooperation Act
as set forth in Chapter 791 Texas Government Code, Chapter 42 Texas Local Government Code and other
applicable authority; and
RESOLUTION NO.________________ Page 4 of 15
WHEREAS, this Agreement is intended to replace that one certain entered into by the Cities on or
about March 13, 1980 regarding the same subject matter;
NOW THEREFORE, for and in consideration of the promises, covenants, and agreements
contained herein, the Cities agree as follows:
I. General
1.1 Recitals. The Cities agree with and incorporate the recitals above as part of this Agreement.
1.2 Effective Date. The Cities covenant and agree that from and after the approval by the governing bodies
by ordinance of this Agreement by both Cities, this Agreement shall go into effect and the common
ETJ boundary shall be as described below and as further depicted on th e maps attached hereto as
Exhibit “A.”
1.3 Consideration. The Cities agree and stipulate that the mutual covenants and agreements contained
herein, and the actions taken by each in fulfilling their respective agreements hereunder are good and
valuable consideration for this Agreement. The Cities further agree that the boundary and ETJ
adjustment made hereunder constitute additional good and valid consideration and serve the valid
government purpose of establishing and confirming boundaries and ETJ.
II. Common ETJ boundary Description
2.1 Existing Corporate and ETJ boundary agreed upon: The description of a portion of existing common
ETJ boundary is as set forth in Article I of the Agreement between the Cities of Bryan and College
Station, Texas Apportioning Overlapped Area of Extraterritorial Jurisdiction adopted on or about
March 13, 1980, so that the area north of said boundary being in the corporate or ETJ boundary area
of Bryan and the area south of said boundary being in the corporate or ETJ boundary are a of College
Station. Said Article I is hereby incorporated as if recited in full herein and is as set forth in Exhibit
“A-1” attached hereto and made a part hereof.
2.2 Additional Agreed upon Corporate and ETJ boundary: The description of the remaining portion of
common ETJ boundary for the Cities shall be as follows:
RESOLUTION NO.________________ Page 5 of 15
East Side of Cities. The following description is the agreed upon corporate and ETJ boundary line
for the Cities beginning at a point certain on the eastern side with the area north of said boundary
being in the corporate or ETJ boundary area of Bryan and area south of said boundary being in the
corporate or ETJ boundary area of College Station:
Beginning at the point of intersection of the centerline of the Navasota River with
the southwest right-of-way line of State Highway no. 30, being the end of the current ETJ
agreement for the east side of the cities of Bryan and College Station, Texas, executed on
or about March 13, 1980.
Thence up the centerline of the Navasota River (main channel) to the common
west corner of the Madison County and Grimes County boundaries,
Thence eastward along the said common boundary line of the Madison County and
Grimes County to the north common corner of Grimes County and Walker County, Texas,
as set forth in Exhibit “A-2” attached hereto and made a part hereof or to another point
agreed to by the cities of Bryan and College Station, Texas.
West Side of Cities. The following description is the agreed upon corporate and ETJ boundary line
for the Cities beginning at a point certain on the western side with the area north of said boundary being in
the corporate or ETJ boundary area of Bryan and area south of said boundary being in the corporate or ETJ
boundary area of College Station:
Beginning at the point of intersection of the centerline of the Brazos River with the
extension of the southeast line of that called 1945 acre “Block no. 1” of the division of the
John H. Jones league according to plat recorded in volume D, page 20 of the Probate
Records of Brazos County, Texas, being the current ETJ agreement line for the west side
of the cities of Bryan and College Station, Texas, executed on or about March 12, 1980,
and being approximately parallel and 4600 feet northwest of Farm Road no. 60 (F.M. 60).
Currently, the land on the southeast side of this line, on the east bank of the Brazos River,
is described as 28.85 acres in the deed to Bona Fide Acquisitions, LLC recorded in volume
13372, page 213 of the Official Public Records of Brazos County, Texas, and the land on
the northwest side of this line, on the east bank of the Brazos River, is that called 44-1/2
acre tract now or formerly owned by Roseanne Foster Albritton.
Thence down the centerline of the Brazos River, approximately 4750 feet to its
intersection with the northwest right-of-way line of said F.M. 60;
RESOLUTION NO.________________ Page 6 of 15
Thence southwest along the northwest right-of-way line of F.M. 60 to its
intersection with the northeast ETJ boundary of the town of Snook, Texas;
Thence around the southern portion of the said Snook ETJ boundary to its
intersection with the northwest right-of-way line of F.M. 60 on the west side of Snook;
Thence continuing along the northwest right-of-way line of F.M. 60 to its
intersection with the northeast right-of-way line of State Highway no. 36 in the community
of Lyons, Texas, as set forth in Exhibit “A-2” or to another point agreed to by the cities of
Bryan and College Station, Texas.
III. Annexation
3.1 Prior Annexations. The Cities agree and covenant that all prior annexations or actions by the Cities in
conflict with the boundaries reflected in this Agreement are hereby rescinded, voided, and repealed to
the extent of that conflict, and the Cities relinquish any conflicting ETJ pursuant to Sections 42.022
and 42.023 Texas Local Government Code and other applicable law. Each City fully waives and
releases any and all claims of every conceivable nature against each other City and their respective
City Council members, officers, employees and representatives regarding this Agreement, the
ordinance adopting and authorizing this Agreement, and any and all boundary, ETJ, and annexation
issues or claims, demands, controversies or causes of action, including under the Declaratory
Judgment Act.
3.2 Annexation. The Cities covenant and agree that the Cities shall not annex property nor expand ETJ into
any area described below and depicted on Exhibit “A” as being within the other City’s corporate limits
or ETJ boundary area without such City’s written consent. A City may expand its ETJ in accordance
with state law, however, in no event may a City’s ETJ include an area described below and depicted
on Exhibit “A” to be within the corporate boundaries or ETJ boundary area of the other City, without
such City’s written consent.
IV. Liaisons and Notices
4.1 Unless written notification in the form and manner set forth below is given to the contrary, the
respective City’s Director of Planning and Development Services shall be the designated
representative responsible for the administration of this Agreement.
RESOLUTION NO.________________ Page 7 of 15
4.2 For purposes of this Agreement, all official communications and notices between the parties shall be
deemed sufficient if in writing and hand delivered or mailed, registered or certified mail, postage
prepaid, to the addresses set for below:
City of College Station:
City of College Station
PO box 9960
College Station, TX 77842
Attn: City Manager
With a copy to: City Attorney
City of Bryan:
City of Bryan
300 S. Texas Ave.
Bryan, TX 77803
Attn: City Manager
With a copy to: City Attorney
V. Miscellaneous
5.1 This Agreement expresses the entire agreement between the parties hereto regarding the subject matter
contained herein and may not be modified or amended except by written agreement duly approved by
both parties.
5.2 This Agreement has been duly approved by each party’s governing body and constitutes a binding
obligation of each party.
5.3 This Agreement shall be construed in accordance with the laws of the State of Texas and venue for all
purposes hereunder shall be in Brazos County, Texas.
5.4 If any provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or
unenforceable, or to be invalid, illegal or unenforceable as applied to an area of land, such invalidity,
illegality or unenforceability shall be fully severable herefrom; and this Agreement shall be construed
and enforced as if such invalid, illegal or unenforceable provision or invalid, illegal or unenforceable
application to an area of land never comprised a part hereof as of the date of such determination of
invalidity, illegality or unenforceability; and the remaining provisions and application to remaining
areas of land shall continue in full force and effect.
RESOLUTION NO.________________ Page 8 of 15
5.5 This Agreement is not intended to extend the liability of the parties beyond that provided by law.
Neither City waives any immunity or defense that would otherwise be available to it at law or in equity
to either of the Cities nor to create any legal rights or claims or waivers of defense on behalf of any
third party.
5.6 This Agreement is not intended to confer any rights on any third parties, and it shall not be construed
as conferring any rights on any third parties.
5.7 The waiver by either party of a breach of this Agreement shall not constitute a continuing waiver of
such breach or of a subsequent breach of the same or a different provision.
APPROVED by the City Council of the City of Bryan, Texas in its meeting held on February 14, 2017,
and executed by its authorized representative.
CITY OF BRYAN, TEXAS
By: _________________________
Andrew Nelson, Mayor
ATTEST:
____________________________
Mary Lynne Stratta, City Secretary
APPROVED AS TO FORM:
___________________________
Janis K. Hampton, City Attorney
RESOLUTION NO.________________ Page 9 of 15
APPROVED by the City Council of the City of College Station, Texas, in its meeting held on February
23, 2017, and executed by its authorized representative.
CITY OF COLLEGE STATION, TEXAS
By: __________________________
Karl Mooney, Mayor
ATTEST:
_________________________________
City Secretary
APPROVED AS TO FORM:
____________________________
City Attorney
RESOLUTION NO.________________ Page 10 of 15
EXHIBIT A
A-1
RESOLUTION NO.________________ Page 11 of 15
RESOLUTION NO.________________ Page 12 of 15
RESOLUTION NO.________________ Page 13 of 15
RESOLUTION NO.________________ Page 14 of 15
RESOLUTION NO.________________ Page 15 of 15
EXHIBIT A
A-2
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0075 Name:Impact Fees Semi-Annual Report
Status:Type:Report Consent Agenda
File created:In control:2/8/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion on approval of the Semi-Annual Report for Impact Fees
92-01, 97-01, 97-02B, 99-01, and 03-02.
Sponsors:Carol Cotter
Indexes:
Code sections:
Attachments:Semi-Annual Report
Impact Fee Areas Map
Land Use Maps
Action ByDate Action ResultVer.
Presentation,possible action,and discussion on approval of the Semi-Annual Report for Impact Fees
92-01, 97-01, 97-02B, 99-01, and 03-02.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s):At their meeting on February 2nd,the Planning and Zoning Commission
unanimously recommended acceptance of the report.
Summary:The attached Impact Fee Semi-Annual Report is provided to the City Council in
accordance with the Texas Local Government Code Chapter 395.058.In short,the City of College
Station has five small impact fee areas where all associated utility construction is complete.All five
of these “small area impact fees”were updated by Council in accordance with State Law in
November of 2013.There have been no major changes in these impact fee programs since their
update,so this report primarily documents the fees collected over the reporting period.In the future
you will also start to see semi-annual reporting for the recently adopted System-Wide Impact Fees.
The Planning and Zoning Commission serves as the Impact Fee Advisory Committee per the City of
College Station Code of Ordinances Chapter 15:Impact Fees.On February 2,2017 the Advisory
Committee discussed and unanimously recommended support of the Semi-Annual Report.It is now
being forwarded to Council for your status update.
Budget & Financial Summary: N/A
College Station, TX Printed on 2/17/2017Page 1 of 2
powered by Legistar™
File #:17-0075,Version:1
Legal Review: Yes
Attachments:
1.Impact Fee Semi-Annual Report
2.Fee Area Map
3.Land Use Map
College Station, TX Printed on 2/17/2017Page 2 of 2
powered by Legistar™
1101 Texas Avenue South, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
DATE: February 2, 2017
TO: Planning and Zoning Commission
FROM: Carol Cotter, P.E., Asst. City Engineer
SUBJECT: Semi-Annual Report – Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02
Local Government Code requires Semi-Annual Reporting in order to monitor the
progress of impact fees and to determine when an update to the overall fee study is
necessary. This report documents the “small area impact fees”, but in the future you
will also start to see semi-annual reporting for the recently adopted System-Wide Impact
Fees. The “small area impact fees” were last updated in November 2013, with no major
changes specific to these impact fee programs since that update. Staff recommends
that the Advisory Committee forward this report to City Council.
The City of College Station Ordinance Chapter 15, Impact Fees, designates the
Planning and Zoning Commission as the Advisory Committee for review, advisement,
and monitoring of proposed and existing impact fees. More specifically, the Advisory
Committee is established to:
1. Advise and assist the City in adopting Land Use assumptions.
2. Review the Capital Improvements Plan and file written comments.
3. Monitor and evaluate implementation of the Capital Improvements Plan.
4. File semi-annual reports with respect to the progress of the Capital
Improvements Plan.
5. Advise the City Council of the need to update or revise the Land Use
Assumptions, Capital Improvements Plan, and Impact Fees.
Currently the City of College Station has five impact fees in existence of which all
associated construction is complete. As noted, all five of the impact fees underwent a
5-Year Update in 2013 in accordance with State Law. The following is a current status
report for each of the five impact fees. (To facilitate review, data from this reporting
period are presented in bold font.):
92-01 Sanitary Sewer ( Graham Road ) ( 508 ac. ) __ $339.63/LUE
This fee was initially implemented in 1992 at $152.18 /LUE and was revised in 1996
to $289.77/LUE after approval of updated Land use Assumptions and Capital
Improvements Plan (CIP), revised again to the $232.04/LUE in 2000, revised again
to $316.07 in 2008, and to the current amount in November of 2013. The CIP
consisted of three phases originally estimated at $543,000 which have all been
completed at a combined cost of $473,518.72. Fees collected over the last
reporting period are $1,189 for total amount of $325,481 (per Account #92509000
4560). The remaining amount eligible for collection is about $41,494.
97-01 Sanitary Sewer ( Spring Creek – Pebble Hills) ( 2000 ac.) $144.01/LUE
This fee was implemented in December 1997 at $349.55/LUE, was revised to
$98.39 in 2008, and was revised to the current amount in November of 2013.. The
CIP consisted of Phase I (east of Hwy 6) and Phase II (west of Hwy 6). Phase I
estimated to cost $1,000,000 was completed in 1999 at a cost of $631,214.59.
Phase II was estimated to cost $1,350,000 and was completed at a cost of
$813,752.00. The total actual cost was $1,444,966.59. Fees collected over the last
reporting period are $21,115 for total amount of $693,790 (per Acct #92519000
4560). The remaining amount eligible for collection is about $732,351.
97-02B Sanitary Sewer ( Alum Creek – Nantucket) ( 608 ac. ) $44.71/LUE
This fee was implemented in December 1997 at $243.38/LUE, was revised to
$59.42 in 2008, and was revised to the current amount in November of 2013. The
CIP consisted of running a 15" sanitary sewer line from the south end of the College
Station Business Park westerly along Alum Creek to the east ROW of Highway 6.
The project was estimated to cost $390,000 and was completed in 1999 at a cost of
$214,270.87. Fees collected over the last reporting period are $492 for total
amount of $26,306 (per Acct #92529000 4560). The remaining amount eligible for
collection is about $99,638.
99-01 Water ( Harley )( 158 ac. ) $996.03/LUE
This fee was implemented in April 1999 at $550.00/LUE, was revised to $769.91 in
2008, and was revised to the current amount in November of 2013. The CIP
consisted of running an 18" water line south along the east ROW of Highway 6
approximately 4800'. The line was estimated to cost $312,000 (the impact fee is
based on an 8" line @ $165,000). A 2400' section of the 18" line was constructed in
1999 from the south end at a total cost of $342,977.73. Fees collected over the last
reporting period are $0.00 for total amount of $72,211 (per Acct #92409000 4560).
The remaining amount eligible for collection is about $272,374.
03-02 Sanitary Sewer ( Steeplechase ) ( 715 ac. ) $144.87/LUE
This fee was initially implemented in June 2003 at $300.00/LUE, was revised to
$357.74 in 2009, and was revised to the current amount in November of 2013. This
CIP was constructed in two phases of sanitary sewer line construction in
compliance with the proposed construction in the original report establishing the
fee. Phase one crossed Wellborn Road and terminated at Old Wellborn Road
consisting of 2,347 linear feet of 18 inch sewer line with a construction cost of
$296,642. Phase two was completed in 2006 and continued the line along Old
Wellborn Road and terminated across RPR West. Phase two consisted of 6,281
linear feet of 12 inch line and 2,062 linear feet of 18 inch line for a construction cost
of $529,088 and a land cost of $87,133. The design cost for the combined phases
was $148,023. The total actual cost was $1,091,886 which was less than the
original report estimated at $1,596,137. Fees collected over the last reporting
period are $25,931 for total amount of $262,718 (per Acct #253-0000-287.51-13).
The remaining amount eligible for collection is about $810,751.
Impact Fee Area
Effective
Buildout
LUE
Current
Impact Fee
Rate
Amount
Collected
Remaining Capital
Investment to
Recoup
92-01 Graham 1710 $ 339.63 $325,481 $ 41,494
97-01 Spring Creek 8565 $ 144.01 $693,790 $732,351
97-02B Alum 2656 $ 44.71 $26,306 $99,638
99-01 Harley 396 $ 996.03 $72,211 $272,374
03-02 Steeplechase 7051 $ 144.87 $262,718 $810,751
Total $1,380,506 $1,956,649
Attachments: Impact Fee Service Areas Map
Current Land Use Map per Impact Fee Area
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0076 Name:Use Agreement Option - Arts Council
Status:Type:Presentation Consent Agenda
File created:In control:2/8/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion regarding approval of exercising the option in the
Building Use Agreement between the City of College Station and the Arts Council of Brazos to renew
the Use Agreement for one year through March 6, 2018 for the building located at 2275 Dartmouth
Drive.
Sponsors:Jeff Kersten
Indexes:
Code sections:
Attachments:Amendment to Use Agreement
Arts Council Memo
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of exercising the option in the Building Use Agreement
between the City of College Station and the Arts Council of Brazos to renew the Use Agreement for one year through
March 6, 2018 for the building located at 2275 Dartmouth Drive.
Recommendation(s): Staff recommends approval of the option to extend the term of the agreement for one additional
year.
Summary: On February 24, 2011 the City Council approved the purchase of the building occupied by the Arts Council of
Brazos Valley located at 2275 Dartmouth Drive. The City Council also approved the use agreement with an initial term
of three (3) years on February 24, 2011.
On May 23, 2013 pursuant to the Use Agreement the City exercised the option to renew for an additional two year term
- March 7, 2014 through March 6, 2016.
On December 10, 2015 the City and the Arts Council amended the agreement to extend it for one year through March
6, 2017 with the City’s option for an additional one year term through March 6, 2018.
The Arts Council would like the City to exercise the option for one additional year as they continue to work on plans to
move into a new location.
Legal Review:Yes
Attachments:
1.Use Agreement Amendment
2.Memo from Arts Council
College Station, TX Printed on 2/17/2017Page 1 of 1
powered by Legistar™
To: Jeff Kersten, Assistant City Manager, College Station
From: Chris Dyer, CEO, The Arts Council
Date: 2/8/2017
Subject: Renewal of Use Agreement through March 6, 2018
Per The Arts Council's lease agreement with the City of College Station, as
outlined in Amendment 1 to the Use Agreement between the City of College
Station and The Arts Council of Brazos Valley, the City has the option to
renew the agreement through March 6, 2018. The Arts Council Board of
Directors respectfully requests that the City grant this extension option in
February 2017.
The Arts Council continues to work diligently to secure property for a new
facility in a central and highly visible area in Bryan/College Station to best
serve the residents and visitors to the area. Due to many restrictions placed
on properties in high traffic areas, the search for an ideal location where we
can build a facility that best suits the community's needs has taken
significantly longer than expected. The Arts Council Board has narrowed its
search and we are focused on securing a site location within the current
fiscal year.
We greatly appreciate the City of College Station’s continued and very
generous support of the arts and the work of The Arts Council. With the
City's thoughtful support, we will continue to work hard to make this
community one of the best that the state has to offer.
Chris Dyer
CEO
The Arts Council
2275 Dartmouth Street
College Station, TX 77840
(979) 696-2787
www.acbv.org
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0079 Name:Rock Prairie Village HTC Support Resolution
Status:Type:Resolution Consent Agenda
File created:In control:2/10/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion regarding approval of a resolution of support for the
Rock Prairie Village, LP application for 2017, 9% Low Income Housing Tax Credits (LIHTC) through
the process managed by the Texas Department of Housing and Community Affairs.
Sponsors:Debbie Eller
Indexes:
Code sections:
Attachments:Rock Prairie Village HTC Support Resolution
Location Map
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a resolution of support for the
Rock Prairie Village, LP application for 2017, 9% Low Income Housing Tax Credits (LIHTC) through
the process managed by the Texas Department of Housing and Community Affairs.
Relationship to Strategic Goals: (Select all that apply)
·Neighborhood Integrity
·Diverse Growing Economy
·Sustainable City
Recommendation(s): Staff recommends approval of the resolution.
Summary: The Texas Department of Housing and Community Affairs (TDHCA) administers the 9%
Low Income Housing Tax Credit program. Applications are scored using a Qualified Allocation Plan
approved by the governing board of TDHCA. The housing tax credits are sold to investors to
generate the cash equity needed for development. Rock Prairie Village will submit an application for
tax credits to TDHCA for the 2017 allocation.
Rock Prairie Village will be located in the Medical District at the intersection of Medical Avenue and
Double Mountain Drive. The development will consist of 95 units restricted to elderly renters and at
least 78% of the units will be reserved for low-income renters whose income does not exceed 60% of
the Area Median Income.
Budget & Financial Summary: N/A
Attachments:
College Station, TX Printed on 2/17/2017Page 1 of 2
powered by Legistar™
File #:17-0079,Version:1
1. Resolution
2. Location Map
College Station, TX Printed on 2/17/2017Page 2 of 2
powered by Legistar™
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DECLARING SUPPORT FOR THE ROCK PRAIRIE VILLAGE,
LP. TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE YEAR
2016.
WHEREAS, the City of College Station received a request from Rock Prairie Village, LP. for support of an affordable
elderly rental housing development, “Rock Prairie Village”, and
WHEREAS, Rock Prairie Village, LP. intends to submit an application to the Texas Department of Housing and
Community Affairs in order to receive a tax credit allocation for the year 2017, and
WHEREAS, the City of College Station has heard the proposal from the representative from Rock Prairie Village, LP.,
and
WHEREAS, the construction of affordable rental housing in accordance with the City of College Station Consolidated
Plan which demonstrates a need for this type of development; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS
PART 1: That the City Council hereby declares support of the application for tax credits for Rock Prairie Village.
PART 2: That the development of Rock Prairie Village fulfills a need for additional affordable rental housing in
accordance with the City of College Station Consolidated Plan.
PART 3: It is found and determined that the meeting at which this Resolution was passed was open to the public as
required, and that public notice of the time, place, and purpose of said meeting was given as required by the Open
Meetings Act.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this ____ day of _____, AD 2017
ATTEST: APPROVED:
____________________________________ ______________________________________
Sherry Mashburn, City Secretary Karl Mooney, Mayor
APPROVED:
____________________________________
City Attorney
Proposed Location: Rock Prairie Village
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0074 Name:MU Rezoning – Melrose Subdivision
Status:Type:Rezoning Agenda Ready
File created:In control:2/8/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R-4
Multi-Family to MU Mixed-Use for approximately 2.973 acres being Melrose Subdivision, Block 1, Lot
4, recorded in Volume 2970, Page 211 of the Official Records of Brazos County, Texas, generally
located at 501 Luther Street West, more generally located near the southeast of Luther Street West
and Jones Butler Road.
Sponsors:Jenifer Paz
Indexes:
Code sections:
Attachments:Background Information
Aerial and Small Area Map (SAM)
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R-4
Multi-Family to MU Mixed-Use for approximately 2.973 acres being Melrose Subdivision, Block 1, Lot
4, recorded in Volume 2970, Page 211 of the Official Records of Brazos County, Texas, generally
located at 501 Luther Street West, more generally located near the southeast of Luther Street West
and Jones Butler Road.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item at the February 2nd
meeting and voted 6-0 to recommend approval of the request.
Summary:
REZONING REVIEW CRITERIA
1.Consistency with the Comprehensive Plan: The subject property is designated as Urban
on the Future Land Use & Character Plan and the Concept Map shows it within Growth Area VI.
College Station, TX Printed on 2/17/2017Page 1 of 4
powered by Legistar™
File #:17-0074,Version:1
The Urban designation is intended for a very intense level of development activities, consisting of
townhomes, duplexes, and high-density multi-family. General Commercial and office uses,
business parks, and vertical mixed-use may also be permitted within growth and redevelopment
areas. Property within Growth Area VI designated as Urban should be used for intense land use
activities including general commercial, office uses, townhomes, high-density apartments, and
vertical mixed-use. The proposed rezoning, MU Mixed-Use, allows for the development of
vertical mixed-use, multi-family and commercial.
2.Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The neighboring property south and west is zoned R-
4 Multi-Family. To the west, across Jones Butler Road, the property is also zoned R-4 Multi-
Family. The properties are developed as apartments, The District on Luther and Meadow Point
Apartments. To the north, property owned by Texas A&M University System, is zoned C-U
College and University. The property is currently undeveloped and vacant. The proposed zoning
district, MU Mixed Use, is designated for areas having the most intense level of development
consisting of multi-family, commercial and office uses in mixed-use structures. It should be noted
that due to the location of the property, non-residential uses are not required to be incorporated
into the development. Given the permitted uses in the proposed zoning district, it is compatible
with the zoning and uses of nearby property.
3.Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The current R-4 Multi-
Family zoning district allows for multi-family development, as would the proposed zoning district.
The surrounding properties are developed as high-density multi-family. The primary differences
between the existing zoning district and the proposed zoning district are density and building
setbacks. R-4 Multi-Family has a maximum density of 20 dwelling units per acre and MU Mixed-
Use does not have a maximum density requirement, but requires a two-story minimum and a floor
-to-area ratio of one. MU Mixed-Use has no minimum building setbacks from property lines with
the exception of the rear, which is a minimum of 20 feet. The amendment will permit the property
to practically be developed as multi-family if rezoned to MU Mixed-Use due to the density and
buildability allowed by the zoning district.
4.Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment:The property is
currently vacant and undeveloped. The current zoning district, R-4 Multi-Family, was retired with
the adoption of new residential zoning districts in 2014. Retired zoning district are still recognized
zoning districts on the City’s Zoning Map and retain all uses, regulations and requirements
associated with the district but are no longer eligible for zoning map amendment requests. The
current zoning district allows for the development of multi-family, with a maximum density of 20
dwelling units per acre. Although this zoning district allows for the development of multi-family
similar to the proposed district, MU-Mixed Use does not limit density, allows for more buildable
area and permits non-residential uses within the development. The proposed zoning will make the
property more viable for multi-family given the physical limitations of the site. The property is only
2.93 acres, whereas surrounding multi-family developments with the same zoning district are
twice to 10 times larger. MU Mixed-Use zoning allows for more buildable area since there are no
minimum setbacks from the front or side property lines. Additionally, the proposed zoning district
is also suitable for the property given most of the surrounding properties are developed as high-
density multi-family and MU Mixed-Use allows for this type of development.
College Station, TX Printed on 2/17/2017Page 2 of 4
powered by Legistar™
File #:17-0074,Version:1
5.Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment:The property is
currently marketable for multi-family development. The proposed zoning district will increase its
marketability. The property is only 2.93 acres and is the only remaining undeveloped lot within the
subdivision. Surrounding multi-family property range from approximately 5 to 32 acres in size. The
proposed zoning district will allow the most buildable area to accommodate the density of multi-
family developments. Additionally, the density allowed in the zoning district will enable the
feasibility of the project for such a small site.
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: An existing 16-inch water main exists along
Luther Street West and the west perimeter of the property. A sewer manhole is located at the
southeast corner of the property for an 8-inch sewer main along Jones Butler Road. The existing
utilities are available to serve the property.
The subject property is draining to two drainage basins. The northern part of the property, along
Luther Street West is draining to White Creek and the remainder of the property is draining to Bee
Creek to the south. There is no FEMA regulated floodplain in the subject area. Stormwater
detention will be required.
Existing infrastructure currently has capacity to adequately serve the proposed use. Drainage and
other public infrastructures required with the site will be designed and constructed in accordance
with the B/CS Unified Design Guidelines.
The subject tract has frontage to Jones Butler Road, designated and constructed as a 4-lane
Minor Arterial and Luther Street West, designated and under construction for a 2-lane Major
Collector, on the Thoroughfare Plan. The Capital Improvement Project (CIP) for the rehabilitation
of Luther Street West, from Marion Pugh Drive to FM 2818, is expected to be completed this year,
early summer. A Traffic Impact Analysis (TIA) was not required with the rezoning application
based on the proposed units for the development, which does not exceed trip generation in the
peak hour as required by the Unified Development Ordinance (UDO).
The subject property is about a mile from Texas A&M University Campus. There are two TAMU
bus stops within 300’ of the property, along Jones Butler Road and Luther Road West. The
Hullabaloo bus route, Route 35, will provide bus transportation to students from the site to West
Campus.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning request.
Budget & Financial Summary: N/A
Legal Review: Yes
Attachments:
1.Background information
2.Aerial and Small Area Map
3.Ordinance
College Station, TX Printed on 2/17/2017Page 3 of 4
powered by Legistar™
File #:17-0074,Version:1
College Station, TX Printed on 2/17/2017Page 4 of 4
powered by Legistar™
NOTIFICATIONS
Advertised Commission Hearing Date: February 2, 2017
Advertised Council Hearing Date: February 23, 2017
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy notification of this public hearing:
None
Property owner notices mailed: 7
Contacts in support: None at the time of staff report.
Contacts in opposition: None at the time of staff report.
Inquiry contacts: None at the time of staff report.
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North (across
Luther Street
West)
Texas A&M
University
C-U College and
University
Vacant
South Urban R-4 Multi-Family Apartments
East (across
Jones Butler
Road)
Urban
R-4 Multi-Family
Apartments
West Urban R-4 Multi-Family Apartments
DEVELOPMENT HISTORY
Annexation: 1970
Zoning: Annexation – R-1 Single-Family
July 11, 1996 – Rezoned to R-5 Apartment/Medium Density
March 12, 1998 – Rezoned to PDD-B Planned Development District –
Business
August 21, 2002 – The PDD Concept Plan expired and the zoning reverted
to the previous zoning classification, R-5
Apartment/Medium Density, since no further
development action was taken within 24 months of the
effective date of the PDD Ordinance. (Section 7.25.M of
the Zoning Ordinance)
June 13, 2003 (Adoption of UDO) – R-5 Apartment/Medium Density and
R-4 Apartment/Low Density combined and renamed to R-
4 Multi-Family
Final Plat: Melrose Subdivision, Lot 4, Block 1.
Site development: Property is vacant and undeveloped.
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,”
SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES FOR APPROXIMATELY 2.97 ACRES FROM R-4 MULTI-FAMILY TO MU
MIXED-USE BEING ALL OF MELROSE SUBDIVSION LOT 4, BLOCK 1, RECORDED IN
VOLUME 2970, PAGE 211 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS;
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as
set out in Exhibit “A” and as shown graphically in Exhibit “B”, attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this Ordinance shall be held to be void or
unconstitutional, such holding shall in no way 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 Ordinance
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted
to continue, shall be deemed a separate offense. Said Ordinance, being a penal
ordinance, becomes effective ten (10) days after its date of passage by the City Council,
as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 23rd day of February, 2017
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Karl Mooney, Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. __________ Page 2 of 3
EXHIBIT “A”
That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of
the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from R-4 Multi-Family to MU Mixed-Use, as graphically
depicted in Exhibit “B”:
Melrose Subdivision Lot 4, Block 1
ORDINANCE NO. __________ Page 3 of 3
EXHIBIT “B”
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0077 Name:Rezoning – The Ranch at Arrington
Status:Type:Rezoning Agenda Ready
File created:In control:2/8/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R
Rural to MF Multi-Family for approximately 12 acres being Augustus Babille Survey, A-75, Brazos
County, Texas and being all of the 12 acre tract described in the deed from Rodrick K. Wolf to Rodrick
K. Wolf and Sharon B. Wolf, as Co-Trustees of the Rick and Sharon Wolf Revocable Trust, recorded
in Volume 13033, Page 235 of the Official Records of Brazos County, Texas, generally located at
1650 Arrington Road, more generally located south of the intersection of South Oaks Drive and
Arrington Road.
Sponsors:Rachel Lazo
Indexes:
Code sections:
Attachments:Background Information
Aerial and Small Area Map
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R
Rural to MF Multi-Family for approximately 12 acres being Augustus Babille Survey, A-75, Brazos
County, Texas and being all of the 12 acre tract described in the deed from Rodrick K. Wolf to
Rodrick K. Wolf and Sharon B. Wolf, as Co-Trustees of the Rick and Sharon Wolf Revocable Trust,
recorded in Volume 13033, Page 235 of the Official Records of Brazos County, Texas, generally
located at 1650 Arrington Road, more generally located south of the intersection of South Oaks Drive
and Arrington Road.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item on 19 January and
voted 4-2 to recommend denial of the request.
Summary:
College Station, TX Printed on 2/17/2017Page 1 of 4
powered by Legistar™
File #:17-0077,Version:1
This request is to rezone the subject property from R Rural to MF Multi-Family. The Unified
Development Ordinance provides the following review criteria for zoning map amendments:
REZONING REVIEW CRITERIA
1.Consistency with the Comprehensive Plan: The subject area is designated on the
Comprehensive Plan Future Land Use and Character Map as Urban and on the Concept Map as
Growth Area II.
The Comprehensive Plan states that the Urban portion within Growth Area II is suitable for
intense land use activities including general commercial activities, office uses, townhomes,
apartments, and vertical mixed-use. Growth Area II further limits residential development to no
more than 25% of the Urban designation within the growth area. Currently within this growth
area, there is currently one existing residential development, one under review, and another
proposed in the vicinity that is approximately 10 acres. The proposed zoning permits multi-family
uses, allowing the property to be developed consistent with the Comprehensive Plan as well as
the Growth Area II residential allowance, while also leaving room for additional residential
development.
2.Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The existing R Rural zoning allows for large lot
residential and/or agricultural uses, which is not compatible or supportive of more intense
development that is anticipated for the area. Given the property’s close proximity to multiple new
developments in the area, and its designation of Growth Area II in the Comprehensive Plan, an R
Rural designation does not support the planned growth. The proposed high density multi-family is
compatible with the adjacent CapRock development, but incompatible with the large lot single-
family residential properties across Arrington Road in the City’s ETJ and the adjacent 4.5 acre
home site.
3.Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The proposed land use
permitted through this request is allowed in MF Multi-Family. The use is appropriate as it supports
the uses planned in the vicinity. The proposed amendment is in proximity to the TowerPoint and
CapRock developments, and it is supports the current southward growth of commercial
development in the area. Multi-family, would provide diversity in the housing options in the south
College Station area in close proximity to major general commercial concentrations.
4.Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The subject
property is currently zoned R Rural. Uses permitted in this district include agricultural and large lot
residential. While R Rural is suitable with the current land uses, the area is expected to see
continued change moving forward.
5.Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment:The property can
currently be marketed under the existing R Rural zoning district. However, the applicant has
stated that the use is not appropriate or feasible for this property knowing the current
development happening on nearby property and the anticipated change in development pattern
College Station, TX Printed on 2/17/2017Page 2 of 4
powered by Legistar™
File #:17-0077,Version:1
for the area.
6. Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: There is an existing offsite 12-inch waterline
along the west side of Arrington Road approximately 750-feet north of the subject tract. This
waterline will need to be extended to and through the property in accordance with the Water
Master Plan with site development.
There is an existing offsite 12-inch sanitary sewer main, which currently has adequate capacity to
serve the site. Approximately a half-mile of sanitary sewer line will need to be constructed along
Arrington Road to connect to the existing sewer main to the south within the Nantucket
Subdivision.
Detention is required in this area, where stormwater from the site generally discharges to the east
within the Alum Creek Drainage Basin. There is currently no FEMA-regulated floodplain on the
site. Drainage and other public infrastructure required with site development shall be designed
and constructed in accordance with the BCS Unified Design Guidelines.
The subject tract has frontage to Arrington Road, which is designated as a two-lane Major
Collector on the Thoroughfare Plan. This section of Arrington Road is a County roadway outside
the City limits and is constructed as a two-lane rural section. The current right-of-way is deficient
in width and right-of-way dedication will be required with the platting of the tract. Driveway access
to Arrington Road will require County approval of the driveway location and design before a site
plan could be approved.
A Traffic Impact Analysis (TIA) was required with the rezoning application. The following
intersections were included in the analysis: William D. Fitch Parkway (SH 40)/Arrington Road,
Arrington Road/Greens Prairie Road West, Arrington Road/Old Arrington Road, Arrington
Road/South Oaks Drive, Arrington Road/Harpers Ferry Road, South Oaks Drive/SH 6 southbound
frontage road, a proposed entry/exit driveway to Arrington Road, and a proposed exit-only
driveway to Arrington Road. Another multi-family rezoning request is proposed on Arrington Road
and the TIA incorporated the anticipated traffic demand associated with that potential project in
the analysis as future development.
TIAs evaluate intersections for Level of Service (LOS), which grades an intersection’s anticipated
operating condition on a scale of “A” through “F” (best to worst). The Unified Development
Ordinance (UDO) defines LOS “D”, or better, as an acceptable condition while LOS “E” or “F”
requires traffic mitigation. The TIA found the intersection of Arrington Road/Greens Prairie Road
West is currently operating at a LOS “D” with eastbound approach of Greens Prairie Road West
failing at LOS “F”. The City has been in the design process for a traffic signal and turn lane
improvements at the Arrington Road/Greens Prairie Road West intersection. The design is
anticipated to be completed in Spring 2017 with installation occurring in the latter portion of 2017.
The TIA included the traffic signal and turn lane in the analysis with a development build-out year
of 2018. With the installation of the traffic signal at Arrington Road/Greens Prairie Road West by
the City, all intersections are anticipated to operate at LOS “D” or better and the TIA recommends
no other roadway or traffic control improvement as a result of the proposed development. As
driveways to the site will involve a high volume of right-turn movements during the PM peak hour,
a right-turn deceleration lane(s) may be required by the County with site development.
Budget & Financial Summary: N/A
College Station, TX Printed on 2/17/2017Page 3 of 4
powered by Legistar™
File #:17-0077,Version:1
Attachments:
1.Background Information
2.Aerial & Small Area Map
3.Ordinance
College Station, TX Printed on 2/17/2017Page 4 of 4
powered by Legistar™
NOTIFICATIONS
Advertised Commission Hearing Date: January 19, 2017
Advertised Council Hearing Date: February 23, 2017
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Nantucket Preservation Association
Property owner notices mailed: 14
Contacts in support: One at the time of this report
Contacts in opposition: 13 at the time of staff report regarding traffic, increased
density, incompatibility with existing rural residential properties, and increased crime.
Inquiry contacts: None at the time of this report
ADJACENT LAND USES
Direction Comprehensive
Plan Zoning Land Use
North Urban R Rural Religious Institution and
Wellborn SUD
South Estate R Rural Single-Family Residential
and Rural
East (Across Arrington
Rd) Rural N/A – ETJ Single-Family Residential
West Urban R Rural Undeveloped and
Agricultural
DEVELOPMENT HISTORY
Annexation: November 2002
Zoning: A-O Agricultural Open upon Annexation
2013 – A-O Agricultural Open renamed R Rural
Final Plat: N/A – Property is currently unplatted
Site development: Vacant
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT
ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE
ZONING DISTRICT BOUNDARIES FOR 12 ACRES FROM R RURAL TO MF MULTI-
FAMILY BEING ALL OF THE 12 ACRE TRACT DESCRIBED IN THE DEED FROM
RODRICK K. WOLF TO RODRICK K. WOLF AND SHARON B. WOLF, AS CO-
TRUSTEES OF THE RICK AND SHARON WOLF REVOCABLE TRUST, RECORDED
IN VOLUME 13033, PAGE 235 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,
TEXAS AS FURTHER DESCRIBED BELOW; PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as
set out in Exhibit “A” and as shown graphically in Exhibit “B”, attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted
to continue, shall be deemed a separate offense. Said Ordinance, being a penal
ordinance, becomes effective ten (10) days after its date of passage by the City Council,
as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 23rd day of February, 2017
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
Ordinance No. __________ Page 2 of 4
EXHIBIT “A”
That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of
the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The
following property is rezoned from R Rural to MF Multi-Family:
Ordinance No. __________ Page 3 of 4
Ordinance No. __________ Page 4 of 4
EXHIBIT “B”
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0078 Name:Rezoning - 14973 FM 2154
Status:Type:Rezoning Agenda Ready
File created:In control:2/8/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R
Rural to WC Wellborn Commercial for approximately one acre being all of Lots 4, 5, 6, and 11, parts
of Lots 7, 10, 12, and the 20-foot wide alley, Block “A”, Benjamin Graham Subdivision as recorded in
Volume 12, Page 394 of the Deed Records of Brazos County, Texas, and being all of the same land
described in Tracts One, Two, Three and Four in the deed form Lillian Ruth Brown and Glenda Mae
Brown Goodman to South Wellborn Ltd., recorded in Volume 8819, page 82 of the Official Records of
Brazos County, Texas plus the adjoining 20-foot wide alley in Block A as closed by the Brazos County
Commissioner’s court on September 30, 2008, generally located at 14973 FM 2154, more generally at
the north east intersection of Wellborn Road and Greens Prairie Road West.
Sponsors:Jessica Bullock
Indexes:
Code sections:
Attachments:Background Information
Aerial and Small Area Map (SAM)
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R
Rural to WC Wellborn Commercial for approximately one acre being all of Lots 4, 5, 6, and 11, parts
of Lots 7, 10, 12, and the 20-foot wide alley, Block “A”, Benjamin Graham Subdivision as recorded in
Volume 12, Page 394 of the Deed Records of Brazos County, Texas, and being all of the same land
described in Tracts One, Two, Three and Four in the deed form Lillian Ruth Brown and Glenda Mae
Brown Goodman to South Wellborn Ltd., recorded in Volume 8819, page 82 of the Official Records of
Brazos County, Texas plus the adjoining 20-foot wide alley in Block A as closed by the Brazos
County Commissioner’s court on September 30, 2008, generally located at 14973 FM 2154, more
generally at the north east intersection of Wellborn Road and Greens Prairie Road West.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
College Station, TX Printed on 2/17/2017Page 1 of 4
powered by Legistar™
File #:17-0078,Version:1
Recommendation(s): The Planning and Zoning Commission considered this item at their February 2,
2017 meeting, and voted 6-0 to recommend approval.
Summary: The applicant requests a rezoning from R Rural to WC Wellborn Commercial in
compliance with the Comprehensive Plan Future Land Use and Character Map and the Wellborn
Community Plan.
When this area was annexed it received an R Rural Zoning designation. This is meant to serve as a
placeholder until rezoning is requested, and is not intended to represent existing uses or what is most
suitable for the property. WC Wellborn Commercial is a new zoning districted created uniquely for
this area to allow small scale commercial uses.
The Unified Development Ordinance provides the following review criteria for zoning map
amendments:
REVIEW CRITERIA
1.Consistency with the Comprehensive Plan:The subject area is designated as Wellborn
Commercial on the Comprehensive Plan Future Land Use and Character Map, located within the
Wellborn Community Neighborhood Plan area.
The neighborhood planning process offers the opportunity to develop an in-depth knowledge of
an area and develop area specific approaches to implementing the Comprehensive Plan. These
studies include various factors including community character, public facilities and services, and
detailed existing conditions.
The Wellborn Community was annexed into City limits in 2011. As a result of that annexation the
Wellborn Community Plan was created to help address concerns by residents, land owners, and
business owners. The goal of this plan was to work with stakeholders to identify and retain
elements of the community that contribute to its rural character, as well as guide future
development in the area. One way to implement this goal was to create new land uses that are
unique to the Wellborn Community.
The Wellborn Commercial designation is similar to the Suburban Commercial designation in that it
is intended for concentrations of commercial activities that focus primarily on the nearby residents
versus the larger community. The Wellborn Community Plan goes further to limit the size of uses
and not accommodate for drive-thru services. Specific design elements as described in the
Wellborn Community Plan should be incorporated into development to limit the visual impact on
the community and enhance the defined character.
The plan also outlines implementation items to carry out the vision of the plan, one of which was
to create unique zoning districts that match the new land use descriptions. These new zoning
districts were adopted by City Council in 2016, including WC Wellborn Commercial.
This rezoning request for a rezoning from R Rural to WC Wellborn Commercial is in compliance
with the Comprehensive Plan and the Wellborn Community Plan.
2.Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: Property directly to the north is currently zoned SC
College Station, TX Printed on 2/17/2017Page 2 of 4
powered by Legistar™
File #:17-0078,Version:1
Suburban Commercial and developed for office spaces. Property to the south is zoned R Rural
and currently developed for office. Property to the east across Live Oak is developed as the
Wellborn Special Utility District site and is zoned for WC Wellborn Commercial. Property to the
west is located across FM 2154 and the railroad, and is developed with a shopping center and a
mobile home.
Prior to the creation of the WC Wellborn Commercial zoning districts, property owners in the
Wellborn area who wanted to rezone for commercial uses requested SC Suburban Commercial
since the two districts are closely related. SC Suburban Commercial is intended to be compatible
with the character of suburban single-family neighborhoods. Buildings have a residential
character and scale, and sites are heavily landscaped to minimize the impacts of non-residential
uses and associated parking areas on adjacent residential zoning districts.
WC Wellborn Commercial is intended for concentrations of commercial activities that focus
primarily on the nearby residents versus the larger community. Such uses shall be limited in size
and not accommodate for drive-thru services. Specific design elements should be incorporated
into such developments so as to limit the visual impact on the community and enhance the
defined character.
Surrounding uses with the exception of the office to the north and Wellborn Special Utility District
are nonconforming. Nonconforming uses are able to continue in their existing configuration. The
Unified Development Ordinance outlines what types of actions taken on a property require the
development to come into compliance with today’s regulations. These actions include but are not
limited to use change, building expansion, or other site related changes.
As development continues to occur in the area, the Wellborn Community Plan calls for WC
Wellborn Commercial zoning. The proposed rezoning request is compatible with both
nonconforming and conforming uses that surround the property.
3.Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The subject area is
bound on three sides by thoroughfares, one of which being FM 2154, a major arterial. The
character of the surrounding area is developed for non-residential uses. The Wellborn
Community Plan described the vision for properties along Live Oak to be a pedestrian friendly,
village-type environment with small scale businesses. WC Wellborn Commercial was created to
implement the vision of the plan and requires building scale maximums and architectural features
to create the characteristics outlined in the plan.
Due to the size of the property on approximately 1 acre, bound by thoroughfares and a recently
developed non-residential site to the north, the subject area is suitable for WC Wellborn
Commercial.
4.Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The subject area
is currently zoned R Rural which allows for an average lot size of three acres and an absolute
minimum lot size of two acres. When an area is annexed into the city, it receives a R Rural
zoning designation. This is not intended to reflect the existing uses or the uses that would be
most appropriate. It serves as a placeholder until a rezoning request comes forward. When
property is annexed there are provisions in the Unified Development Ordinance that allow the use
College Station, TX Printed on 2/17/2017Page 3 of 4
powered by Legistar™
File #:17-0078,Version:1
that existed prior to annexation to continue, but also requires rezoning if the use or site
development characteristics begin to change.
The property may continue to be used as R Rural and with this designation a single-family home
could be placed on the property. Bounded by thoroughfares on three sides and property recently
zoned and developed for commercial use on the other, single-family residential or agricultural
uses are not the most suitable.
5.Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment:R Rural allows
for rural residential and agricultural uses. With continuing development in the area, existing
commercial developments, frontage to Wellborn Road, and recent rezonings and development for
SC Suburban directly to the north and WC Wellborn Commercial to the east across Live Oak, the
property has limited marketability under the current zoning district.
6. Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: Water service is available to the subject area
from the Wellborn Special Utility District. There is also an adjacent 12-inch sanitary sewer line
that may serve the area. Drainage is mainly to the west within the Peach Creek Drainage Basin.
Drainage and other public infrastructure required with site development shall be designed and
constructed in accordance with the BCS Unified Design Guidelines. Existing infrastructure
appears to be adequate for the proposed use at this time.
The subject area has frontage to three roadways: FM 2154 (Wellborn Road), Greens Prairie
Road West, and Live Oak. FM 2154 is designated as a 4-lane Major Arterial, Greens Prairie
Road West a 2-lane Major Collector, and Live Oak a 2-lane Minor Collector on the City’s
Thoroughfare Plan. Due to the size of the subject area, a Traffic Impact Analysis is not required
at the rezoning stage.
Budget & Financial Summary: N/A
Attachments:
1.Background Information
2.Aerial & Small Area Map
3.Ordinance
College Station, TX Printed on 2/17/2017Page 4 of 4
powered by Legistar™
NOTIFICATIONS
Advertised Commission Hearing Date: February 2, 2017
Advertised Council Hearing Date: February 23, 2017
The following neighborhood organizations that are registered with the City of College
Station’s Neighborhood Services have received a courtesy letter of notification of this
public hearing:
Creek Meadows
Turnberry Place
Wellborn Oaks
Sweetwater Forest
Property owner notices mailed: Six
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive
Plan Zoning Land Use
North Wellborn
Commercial
SC Suburban
Commercial Office
South
(Across Greens
Prairie Road W)
Wellborn
Commercial R Rural Office
East
(Across Live Oak) Public/Institutional WC Wellborn
Commercial
Wellborn Special
Utility District
West
(Across FM 2154)
Wellborn
Commercial R Rural
Shopping Center,
Self-Storage,
Residential
DEVELOPMENT HISTORY
Annexation: April 2011
Zoning: A-O Agricultural Open upon annexation (2011)
Renamed R Rural (2013)
Final Plat: March 1894
Site development: Single-family home and vacant
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,”
SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES FROM R RURAL TO WC WELLBORN COMMERCIAL FOR
APPROXIMATELY 1.209 ACRES OF LAND INCLUDING AN ABANDONED 20 FOOT WIDE
ALLEY GENERALLY LOCATED AT 14973 FM 2154, MORE GENERALLY AT THE NORTH
EAST INTERSECTION OF WELLBORN ROAD AND GREENS PRAIRIE ROAD WEST;
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set
out in Exhibit “A”, and as shown graphically in Exhibit “B” and Exhibit “C”, 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 Ordinance
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable
by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand
Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue,
shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes
effective ten (10) days after its date of passage by the City Council, as provided by Section
35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 23rd day of February, 2017
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Karl Mooney, Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO._________ Page 2 of 4
EXHIBIT “A”
That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from R Rural to WC Wellborn Commercial, as graphically
depicted in Exhibit “B” and Exhibit “C”:
ORDINANCE NO._________ Page 3 of 4
EXHIBIT “B”
ORDINANCE NO._________ Page 4 of 4
EXHIBIT “C”
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0068 Name:Spring Creek Local Government Corporation
including adoption of a resolution approving the
Certificate of Formation and Bylaws
Status:Type:Presentation Agenda Ready
File created:In control:2/7/2017 City Council Regular
On agenda:Final action:2/23/2017
Title:Presentation, possible action, and discussion regarding the creation of the Spring Creek Local
Government Corporation including adoption of a resolution approving the Certificate of Formation and
Bylaws and appointment of initial directors.
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:Bylaws of the Spring Creek Local Government Corp final 01 13 17
Certificate of Formation Spring Creek LGC final 01 13 17
Spring Creek Site Map Exhibit A
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding the creation of the Spring Creek Local
Government Corporation including adoption of a resolution approving the Certificate of Formation
and Bylaws and appointment of initial directors.
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation: Staff recommends approval with the appointment of the five initial Directors of the
Board including Mayor Karl Mooney, Mayor Pro Tem Julie Schultz, Councilman James Benham, Dr.
John Nichols and Planning & Zoning Commission Chairman Jane Kee. The City Council's Economic
Development Committee recommended approval of the certificate of formation and corporation
bylaws at their meeting on Tuesday, December 13, 2016.
Summary: Staff presented this item to the Council on January 12, 2017 for direction and general
discussion. At that time, the Council discussed the purpose of the Board and the five Directors of the
corporation. Three of the directors will consist of the Mayor and two representatives of the Economic
Development Committee - currently serving in these positions are Mayor Pro Tem Julie Schultz and
Councilman James Benham. The remaining two Directors must be residents of the City of College
Station and may have expertise that is beneficial to the corporation such as real estate develpment,
business park development, industrial recruitment, financing, etc. Council discussed residents that
College Station, TX Printed on 2/17/2017Page 1 of 3
powered by Legistar™
File #:17-0068,Version:1
may be a good fit including John Nichols and Dennis Christiansen, local bank executives Ivan Olsen
and Mark Humphrey and a Planning & Zoning Commission representative such as Bill Mather.
There are three residents that have reached out since the last meeting that have expressed interest
in serving as well - local real estate representatives Steve Arden and Seth McKinney and Planning
and Zoning Commission Chairman Jane Kee. Staff recommends appointing John Nichols and Jane
Kee to the Corporation.
Background on the Local Government Corporation: The purpose of creating a public non-profit
corporation is to assist with economic development efforts and oversee the implementation of the
Spring Creek Corporate Campus. The City Council directed staff to explore the creation of an
economic development corporation at their annual retreat in February of 2016. Since that time, staff
and the Economic Development Committee has explored the options currently available under Texas
law and solicited input from other Texas communities and practitioners. Based upon the City's
economic development needs, the Local Government Corporation is being proposed as a local tool
to promote, develop, encourage employment and economic development anchored by the City of
College Station's next business park.
The city purchased the Spring Creek Campus property in 2000 and 2001 with two purposes. First,
develop the city's next business park to recruit primary jobs including light industrial and
manufacturing uses. Second, protect existing greenways along Spring Creek as part of the
Greenways Master Plan. Additional acreage was purchased more recently for the electrical
substation and the preservation of greenways north of the substation. The total size is approximately
484 acres of which roughly 260 acres is available for private development. The Spring Creek Local
Government Corporation will oversee the development of this property.
The corporation will be governed by a Board of Directors appointed by the City Council. The initial
Board will consist of five Directors that will be appointed at the time the Articles of Incorporation and
Bylaws are adopted. The corporation will have the power to acquire, own, and dispose of real estate
subject to the approval of the City Council. The corporation may also authorize improvements to real
estate including basic infrastructure, streets, buildings and signage.
The Certificate of Formation and Bylaws for the corporation provides the overall framework.
Additional City Council action will be required to activate this corporation including transfer of
property into the corporation and funding the activities of the corporation. The five Directors of the
Corporation need to be named in the articles of incorporation.
Budget & Financial Summary: The current proposal is for existing economic development staff to
support the basic functions of the corporation. Additional funding may be requested once the master
plan is updated and an overall budget for implementation is developed.
Attachments:
Resolution including Exhibit "A" Certificate of Formation and Exhibit "B" Corporation Bylaws
Exhibit "A" to the Certificate of Formation - Spring Creek Corporate Campus
College Station, TX Printed on 2/17/2017Page 2 of 3
powered by Legistar™
File #:17-0068,Version:1
College Station, TX Printed on 2/17/2017Page 3 of 3
powered by Legistar™
1
BYLAWS OF THE SPRING CREEK LOCAL GOVERNMENT CORPORATION
A Texas Non-Profit Local Government Corporation created by and on behalf of the City
of College Station, Texas
ARTICLE I
Corporate Purpose and Authority
1.01 Purpose. The Spring Creek Local Government Corporation (the “Corporation”) is
organized for the purpose of aiding, assisting, and acting on behalf of the City in the performance
of its governmental functions to promote the common good and general welfare of the City,
including, without limitation, the development of the geographic area of the City included at or in
the vicinity of the “Spring Creek Corporate Campus” as depicted on Exhibit “A”, in furtherance
of the promotion, development, encouragement and maintenance of employment, commerce,
economic development and public facility development in the City of College Station.
The Corporation shall have the power to purchase, exchange, contract for, lease, rent, and
in any and all other ways acquire, own, improve, and hold, and to sell, convey, mortgage, lease,
rent to others, or otherwise dispose of real estate, improvements in real estate, interests in real
estate, and personal property of every kind, character, and description to carry out the purposes of
the Corporation; subject to the approval of the City Council.
In the exercise of the powers of the Corporation, the Corporation may enter into a loan,
lease, trust, or other agreements as authorized by the Act that are necessary and appropriate to the
fulfillment of the public purpose of the Corporation, all of which agreements, and the specific uses,
and the method of withdrawals and expenditure of the proceeds of the bonds or notes, and other
instruments must be included as part of the approval process of the City as required above. In
connection with the issuance of its bonds, notes, or other debt instruments, the Corporation shall
select bond counsel and financial advisors acceptable to the City Manager and City Attorney.
1.02 Non-Profit Corporation. The Corporation shall have and exercise all of the rights,
powers, privileges, and functions given by the general laws of Texas to non-profit corporations
incorporated under the Act, including, without limitation, the Texas Nonprofit Corporation Law
(Tex. Bus. Org. Code, Chapters 20 and 21 and the provisions of Title I thereof to the extent
applicable to non-profit corporations, as amended) or their successor.
1.03 Powers of Non-Profit Corporation. The Corporation shall have all other powers of
a like or different nature not prohibited by law which are available to non -profit corporations in
Texas and which are necessary or useful to enable the Corporation to perform the purposes for
which it was created, including the power to issue bonds, notes or other obligations, and otherwise
exercise its borrowing power to accomplish the purposes for which it was created including the
power to issue bonds, notes or other obligations, and otherwise exercise its borrowing power to
accomplish the purposes for which it was created; provided, however, prior to the consummation
of the sale and delivery of any bonds, notes or other forms of debt instruments, the Corporation
shall obtain the approval thereof from the City Council.
2
1.04 Local Government Corporation. The Corporation is created as a local government
corporation pursuant to the Act and shall be a governmental unit within the meaning of Subdivision
(3), Section 101.001, Texas Civil Practice and Remedies Code. The operations of the Corporation
are governmental and not proprietary functions for all purposes, including for purposes of the
Texas Tort Claims Act, Section 101.001, et seq., Texas Civil Practice and Remedies Code.
ARTICLE II
Board of Directors
2.01 Powers Vested in Board. All powers of the Corporation shall be vested in the Board
of Directors consisting of five (5) members (the “Board”). The qualification, selection, terms,
removal, and replacement of the members of the Board of Directors of the Corporation (“Director”
or “Directors”) shall be governed by Article VI of the Certificate of Formation (“Certificate”).
2.02 Initial Board and Transition. The initial Directors shall be those persons named in
Article VIII of the Certificate.
2.03 Governing Documents. All matters pertaining to the internal affairs of the
Corporation shall be governed by these Bylaws, so long as these bylaws are not inconsistent with
the Certificate, and such other documents as required by the City and as the same may be amended
from time to time, or the laws of the State of Texas.
2.04 Voting Rights. All Directors shall have full and equal voting rights. All references
herein to an act, resolution or vote of the Directors shall refer to a vote of the Directors entitled to
vote on the matter as provided herein.
2.05 Meeting Location. The Directors may hold their meetings and may have an office
and keep the books of the Corporation at such place or places within College Station, Texas, as
the Board may from time to time determine; provided, however, in the absence of any such
determination, such place shall be in the registered office of the Corporation.
2.06 Open Meetings. The Board shall meet in accordance with and file notice of each
meeting of the Board for the same length of time and in the same manner and location as is required
of the City under Chapter 551 of the Texas Government Code (the “Open Meetings Act”). In
addition, all Board meetings shall be posted at City Hall and on the City’s website. Board meetings
shall be recorded and, with the exception of recordings of closed sessions under the Open Meetings
Act, such recordings shall be made available on the Corporation’s website, or, in the absence of a
website, on the City’s website.
2.07 Public Information. The Corporation, the Board, and any committee of the Board
exercising the powers of the Board are subject to Chapter 552 of the Texas Government Code (the
“Public Information Act”).
2.08 Annual Meetings. The Board shall hold an annual meeting at a time and at a
location in the City as designated by the Board for the purposes of electing officers and transacting
any other business related to the Corporation.
3
2.09 Special and Emergency Meetings. Special and emergency meetings of the Board
shall be held whenever called by the President of the Board or the Secretary of the Board or by
any two (2) of the Directors who are serving duly appointed terms of office at the time the meeting
is called. A majority of the Board must be present for any special called or emergency meeting.
The Secretary shall give notice of each special meeting to each Director in person, by telephone,
by electronic transmission (e.g. facsimile or electronic mail) or mail via the United States Postal
Service at least seventy-two (72) hours prior to the meeting in accordance with the Open Meetings
Act. An emergency meeting may only be held as permitted under the Open Meetings Act.
2.10 Quorum. A majority of the entire Board (three (3) Directors) shall constitute a
quorum for the consideration of matters pertaining to the purposes of the Corporation. If at any
meeting of the Board there is less than a quorum present, those present may adjourn the meeting.
The vote of a majority of the entire membership of the Board in favor of a motion, resolution, or
other act shall be required to constitute the act of the Board, unless the vote of a greater number of
Directors is required by law, by the Certificate, or by these Bylaws.
2.11 Assent Presumed Without Express Abstention or Dissent. A Director who is present
at a meeting of the Board at which any corporate action is taken shall be presumed to have assented
to such action unless such person’s dissent or abstention shall be entered in the minutes of the
meeting or unless such person shall file a written dissent or abstention to such action with the
person acting as the secretary of the meeting before the adjournment thereof. Such right to dissent
or abstain shall not apply to a Director who voted in favor of the action.
2.12 Conduct of Business. At the meetings of the Board, matters pertaining to the
purpose of the Corporation shall be considered in such order as the Board may from time to time
determine. At all meetings of the Board, the President shall preside, and in the absence of the
President, the Vice President shall preside. The Secretary of the Corporation shall act as secretary
of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint
any person to act as secretary of the meeting.
2.13 Executive Committee, Other Committees. The Board may, by resolution passed by
a majority of the entire Board, designate two (2) or more Directors to constitute an executive
committee or other type of committee. In addition, the Board may appoint members of the
Corporation staff and citizens and/or employees of the City to be members of a committee, except
for an Audit, Compensation or Governance Committee, which committees may only be composed
of Directors.
2.14 Power of Committees. Except to the extent provided in the authorizing resolution
for the committee, a committee may not exercise the authority of the Board. Each committee so
designated shall keep regular minutes of the transactions of its meetings, shall cause such minutes
to be recorded in books kept for that purpose in the office of the Corporation, and shall report the
same to the Board from time to time. Committees authorized to exercise the powers of the Board
shall give notice of any meeting in the manner required for a meeting of the Board.
4
2.15 Compensation of Directors. Directors, as such, shall receive no salary or
compensation for their services as Directors; provided, however, Directors may be reimbursed for
reasonable and necessary expenses incurred in carrying out the Corporation’s purposes.
2.16 Director’s Reliance on Consultant Information. A Director shall not be liable if,
while acting in good faith and with ordinary care, such person relies on information, opinions,
reports or statements, including financial statements and other financial data, concerning the
Corporation or another person that were prepared or presented by:
(a) one or more officers or employees of the Corporation;
(b) an employee of the City;
(c) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person’s professional or expert competence;
or
(d) a committee of the Board of which the Director is not a member.
ARTICLE III
Officers
3.01 Titles and Terms of Office. The officers of the Corporation shall be a President, a
Vice President, a Secretary, a Treasurer, and such other officers as the Board may from time to
time elect or appoint. Each officer shall be a current Director. One person may hold more than one
office, except the President shall not hold the office of Secretary. The term of office for each officer
shall be one (1) year and shall serve from October 1 through the following September 30, except
that such office shall terminate on the earlier of: (a) the date that the officer is replaced by the
Board; or (b) the date that the officer is no longer a member of the Board.
All officers shall be appointed and subject to removal at any time, with or without cause,
by a vote of a majority of the entire Board.
A vacancy in any office elected pursuant to this Article III shall be filled by a majority of
the entire Board.
3.02 Powers and Duties of the President. The President shall be a member of the Board and
shall preside at all meetings of the Board. The President shall be the principal executive officer of
the Corporation and shall be in general charge of the properties and affairs of the Corporation. In
furtherance of the purposes of the Corporation and subject to the limitations contained in the
Certificate, the President or Vice President may sign and execute all bonds, notes, deeds,
conveyances, assignments, mortgages, contracts and other obligations in the name of the
Corporation. The President shall have such other duties as may be assigned to him or her by the
Board. The President may call meetings of the Board as provided in Article II of these Bylaws.
5
3.03 Powers and Duties of the Vice President. A Vice President shall be a member of
the Board and shall have such powers and duties as may be assi gned to such person by the Board
or the President, including the performance of such duties of the President upon the death, absence,
disability, or resignation of the President, or upon the President’s inability to perform the duties of
the office. Any action taken by the Vice President in the performance of the duties of the President
shall be conclusive evidence of the absence or inability to act of the President at the time such
action was taken.
3.04 Treasurer. The Treasure shall have custody of all the funds and securities of the
Corporation which come into possession of the Corporation. When necessary or proper, the
Treasurer: (a) may endorse, on behalf of the Corporation, for collection, checks, notes and other
obligations and shall deposit the same to the credit of the Corporation in such bank or banks or
depositories as shall be designated in the manner prescribed by the Board; (b) may sign all receipts
and vouchers for payments made to the Corporation, either alone or jointly with such other officer
as is designated by the Board; (c) shall enter or cause to be entered regularly in the books of the
Corporation to be kept by such person for that purpose full and accurate accounts of all moneys
received and paid out on account of the Corporation; (d) shall perform all acts incident to the
position of treasurer subject to the control of the Board; and € shall, if required by the Board, give
such bond for the faithful discharge of his or her duties in such form as the Board may require.
The Corporation may contract with the City to provide financial services for the Corporation in
deciding the performance of the duties of the Treasurer set forth in this section 3.04.
3.05 Secretary. The Secretary: (a) shall keep the minutes of all meetings of the Board
in the books provided for that purpose; (b) shall attend to the giving and serving of all notices; (c)
in furtherance of the purposes of the Corporation and subject to the limitations contained in the
Certificate, may sign with the President in the name of the Corporation and/or attest to signatures
thereof, all contracts, conveyances, bonds, deeds, assignments, mortgages, and other instruments
of the Corporation; (d) shall have charge of the Corporation’s books, records, documents and
instruments, except the books of account and financial records and securities of which the
Treasurer shall have custody and charge, and such other books and papers as the Board may direct,
all of which shall at all reasonable times be open to the inspection of any Director upon application
at the office of the Corporation during business hours; and shall in general perform all duties
incident to the office of Secretary subject to the control of the Board. Nothing in this section 3.05
shall be construed as prohibiting the Board or the City from providing to the Secretary such support
as may be reasonable and necessary to assist the Secretary in carrying out the duties set forth
herein.
3.06 Compensation. Officers shall serve without compensation for their duties, but are
entitled to receive reimbursement for their reasonable expenses only in performing their functions
in accordance with any policies that may be adopted by the Board.
3.07 Officer’s Reliance on Consultant Information. In the discharge of a duty imposed
or power conferred on an officer of the Corporation, the officer may in good faith and with ordinary
care, rely on information, opinions, reports or statements, including financial statements and other
financial data, concerning the Corporation or another person that were prepared or presented by:
6
(a) one or more officers or employees of the Corporation, including members of
the Board;
(b) an employee of the City; or
(c) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person’s professional or expert competence.
ARTICLE IV
Financial Responsibilities
4.01 Audit. Not later than one hundred twenty (120) days after the close of each fiscal
year, the Board shall have an annual audit prepared by an independent auditor who is duly licensed
or certified as a public accountant in the State of Texas of the financial books and records of the
Corporation. The Corporation shall provide a copy of the completed audit to the City not later than
fifteen (15) days after its receipt by the Corporation.
4.02 Capital Spending Authority. The Board may expend funds for capital
improvements in accordance with a capital improvement plan approved by the Board for the
current fiscal year budget as follows:
(a) Funds from the City shall be used for the purposes of the Corporation as authorized
and directed by the City.
(b) Funds from other sources, such as donations, may be used at the discretion of the
Board for capital purposes as long as the uses are consistent with the direction of
the City and are not reasonably expected by the Board to increase the operation and
maintenance costs of the Corporation above the limits established in Section 4.04
below, or have a capital cost greater than $100,000.00.
(c) Proceeds of bonds, notes or other obligations shall be expended in accordance with
the terms of the resolution authorizing the issuance of such bonds, notes or other
obligations.
4.03 Issuance of Debt.
(a) The Corporation, with the approval of the City, is authorized to issue short -term
debt in the form of bonds, notes, and other obligations which by their terms mature
and are payable not later than one (1) year from their initial date of issuance. Where
possible, the amount and purpose of the short-term debt shall be projected by the
Corporation in its annual budget to the City. The City shall be given first
opportunity to provide these funds before the Board incurs debt.
(b) The Corporation, with the approval of the City, is authorized to issue long-term
debt in the form of bonds, notes or other obligations which by their terms mature
and are payable beyond one (1) year from their initial date of issuance. Long term
7
debt may be issued to finance capital improvements and costs related thereto, and
to refund or refinance any outstanding bonds, notes, or obligations issued or
incurred by the Corporation, or for such other reasons as may be approved by the
City.
(c) Short-term debt as defined in Subsection (a) and long-term debt as defined in
Subsection (b) of this Section 4.03 may be issued only if:
(i) The issuance of said debt is approved by a majority of the entire
Board; and
(ii) The issuance of said debt is approved by resolution or ordinance of
the City.
(d) Any debt issuance approved by the City shall be paid from any source or sources
permitted by law including the income and revenue of the Corporation.
4.04 Increase in O&M Costs. Except for items mandated by changes in state and federal
law or regulation that could not reasonably have been anticipated prior to submission of the
Corporation’s budget to the Cities for review and comment, in the event any one or more items are
added during a fiscal year that would increase or cause the annual operation and maintenance costs
to exceed ten percent (10%) above the budgeted amount for that year, the Board must receive prior
approval from the City prior to making the addition.
4.05 Fiscal Year. The fiscal year of the Corporation shall begin October 1 of each year.
4.06 Annual Budget.
(a) No later than ninety (90) days prior to the beginning of each fiscal year, the Board
shall prepare, or cause to be prepared, and approve a budget (the “Budget”) for the
fiscal year. The Budget must be approved by a majority vote of the entire Board.
After approval by the Board, the Budget shall be submitted to the City for approval.
Failure of the City to reject, to ask for additional information regarding, or to
request a modification of, the Budget approved by the Board on or before the
thirtieth (30th) day after submission of the Budget to the City shall be deemed an
approval of the Budget by the City (and a request for additional information or for
modification may be provided by an employee of the City).
(b) The Budget shall, at a minimum, include capital, operational, debt service and
project-specific expenditures and corresponding revenues. The Budget shall clearly
indicate the sources and purposes of revenues contributed by the City.
(c) If the Board fails to approve the Budget, then the Budget for the prior fiscal year
shall be deemed approved.
8
4.07 Sale or Transfer of Assets. The Corporation may not sell, transfer or assign real
property in whole or in part, without the approval of the Board. After approval by the Board, the
proposed sale, transfer or assignment of the assets (the “Asset Transfer”) must be submitted to the
City for approval. Notwithstanding the foregoing, the Board shall not be required to obtain the
City’s consent to sell, convey, or transfer to a third party personal property of the Corporation
determined by the Board to be surplus and which has a depreciated value of less than $1000.00.
ARTICLE V
Indemnification of Directors and Officers
5.01 Right to Indemnification. Subject to the limitations and conditions as provided in
this Article V and the Certificate, each person who was or is made a party or is threatened to be
made a party to or is involved in any threatened, pending or completed action, suit or proceeding,
whether civil, administrative, arbitrative or investigative (hereinafter a “proceeding”), or any
appeal in such a proceeding or any inquiry or investigation that could lead to such a proceeding,
by reason of the fact that he or she, or a person for whom he or she is the legal representative, is
or was a Director or officer of the Corporation shall be indemnified by the Corporation to the
fullest extent permitted by the Texas Nonprofit Corporation Law, as the same exist s or may
hereafter be amended (but, in the case of any such amendment, only to the extent that such
amendment permits the Corporation to provide prior to such amendment) against judgments,
penalties, fines, settlements, and reasonable expenses (including, without limitation, attorney’s
fees) actually incurred by such person to indemnity hereunder. The rights granted pursuant to this
Article XV shall be deemed contract rights, and no amendment, modification, or repeal of this
Article XV shall have the effect of limiting or denying any such rights with respect to action taken
or proceedings arising prior to any such amendment, modification, or repeal. It is expressly
acknowledged that the indemnification provided in this Article XV could involve indemnification
for negligence or under theories of strict liability. This indemnification does not apply to deliberate
or criminal acts of such person or persons subject to indemnification hereunder.
5.02 Indemnification of Employees and Agents. The Corporation, by adoption of
resolution of the Board, may indemnify and advance expenses to an employee or agent of the
Corporation to the same extent and subject to the same conditions under which it may indemnify
and advance expenses to Directors and officers under this Article V.
5.03 Appearance as a Witness. Notwithstanding any other provision of this Article V,
the Corporation may pay or reimburse expenses incurred by a Director, officer, employee or agent
in connection with his or her appearance as a witness or other participation in a proceeding
involving the Corporation or its business at a time when he or she is not a named defendant or
respondent in the proceedings.
5.04 Non-exclusivity of Rights. The right to indemnification and the advancement and
payment of expenses conferred in this Article V shall not be exclusive of any other right which a
Director, officer, employee or agent indemnified pursuant to Section 5.02 above, may have or
hereafter acquire under any law (common or statutory), provision of this Certificate of Formation
or the Bylaws of the Corporation, agreement, or vote of disinterested Directors or otherwise.
9
5.05 Insurance. The Corporation shall purchase and maintain insurance, at its sole cost
and expense to protect itself and any person who is or was serving as a Director, officer, employee
or agent of the Corporation or who is or was serving at the request of the Corporation as a Director,
officer, partner, venture, proprietor, trustee, employee, agent or similar functionary of another
foreign or domestic corporation, partnership, joint venture, proprietorship, employee benefit plan,
trust or other enterprise against any expense, liability or loss, whether the Corporation would have
the power to indemnify such person against such expense, liability or loss under this Article V.
5.06 Notification. Any indemnification of a Director or officer in accordance with this
Article XV shall be reported in writing to the members of the Board with or before the notice of
the next regular meeting of the Board and, in any case, within the 12-month period immediately
following the date of the indemnification or advance.
5.07 Savings Clause. If this Article V or any portion hereof shall be invalidated on any
ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify
and hold harmless each Director, officer or any other person indemnified pursuant to this Article
V as to costs, charges and expenses (including attorneys’ fees), judgments, fines, and in amounts
paid in settlement with respect to any action, suit or proceeding, whether civil, criminal,
administrative or investigative, to the full extent permitted by any applicable portion of this Article
V that shall not have been invalidated and to the fullest extent permitted by applicable law.
ARTICLE VI
Code of Ethics
6.01 Policy. It is the policy of the Corporation that Directors and officers conduct
themselves in a manner consistent with sound business and ethical practices; that the public interest
always be considered in conducting corporate business; that the appearance of im propriety be
avoided to ensure and maintain public confidence in the Corporation; and that the Board establish
policies to control and manage the affairs of the Corporation fairly, impartially, and without
discrimination.
6.02 Purposes. This Code of Ethics has been adopted as part of the Corporation’s
Bylaws for the following purposes: (a) to encourage high ethical standards in official conduct by
Directors and corporate officers; and (b) to establish guidelines for such ethical standards of
conduct.
6.03 Conflicts of Interest.
(a) Abide by State and Criminal Laws for Public Officers. All Directors, officers and
employees shall abide by state civil and criminal laws regarding conflicts of
interest, official misconduct and other regulations and restrictions involving their
official duties.
10
(b) Disclosure and Abstention. It is the intent of these Bylaws that the Directors and
officers take all steps to avoid the appearance of impropriety in the conduct of their
affairs on behalf of the Corporation. This includes not engaging in any conduct or
business that may be deemed to compromise their independent judgment in
executing their duties as Corporation officials. In the event that a Director or officer
has a financial or equitable interest, direct or indirect, in a transaction that comes
before the Board, or a committee, the affected Director must:
(i) Disclose that interest in writing and file it with the Board Secretary; and
(ii) Refrain from discussing or voting on the same.
(c) Definition of Financial Interest/Relative. The “financial or equitable interest”
contemplated under (b) of this Section requires that the affected person who is the
Director or officer or their relative receive an actual financial benefit from the
transaction with the Corporation. A relative is a person related within the first
degree of consanguinity or affinity to the Director or officer. A financial or
equitable interest does not include the following:
(i) An ownership in the entity transacting business with the Corporation where
the ownership interest is less than one percent (1%).
(ii) Compensation as an employee, officer or director of the entity transacting
business with the Corporation where such compensation is not affected by
the entity’s transaction with the Corporation.
(iii) An investment or ownership in a publicly held company in an amount less
than Ten Thousand Dollars ($10,000.00).
(iv) The status of the person being an employee of a public entity serving as
Director of the Board.
6.04 Acceptance of Gifts. No Director of officer shall accept an y benefit as consideration
for any decision, opinion, recommendation, vote or other exercise of discretion in carrying
out official acts for the Corporation. No Director or officer shall solicit, accept, or agree to
accept any benefit from a person known to be interested in or likely to become interested
in any contract, purchase, payment, claim or transaction involving the exercise of the
Director’s or officer’s discretion. As used here “benefit” does not include:
(a) A fee prescribed by law to be received by a Director or officer or any other benefit
to which the Director or officer is lawfully entitled or for which he gives legitimate
consideration in a capacity other than as a Director or officer;
(b) A gift or other benefit conferred on an account of kinship or a personal,
professional, or business relationship independent of the official status of the
Director or officer;
11
(c) An honorarium in consideration for legitimate services rendered above and beyond
official duties and responsibilities if:
(i) Not more than one honorarium is received from the same person in a
calendar year;
(ii) Not more than one honorarium is received from the same service; and
(iii) The value of the honorarium does not exceed $250.00 exclusive of
reimbursement for travel, food, and lodging expenses incurred by the
Director or officer in performance of the services.
(d) A benefit consisting of food, lodging, transportation, or entertainment accepted as
a guest is reported as may be required by law.
6.05 Nepotism. No Director or officer shall appoint, or vote for, or confirm the
appointment to any office, position, clerkship, employment or duty, of any person related within
the second degree of affinity or within the third degree of consanguinity to the Director or officer
so appointing, voting, or confirming, or to any other Director or officer.
ARTICLE VII
Miscellaneous Provisions
7.01 Seal. The seal of the Corporation shall be such as may be from time to
time approved by the Board. The seal of the Corporation shall not be required to be placed on a
document in order for the document to be considered a valid act or agreement of the Corporation.
7.02 Notice and Waiver of Notice. Whenever any notice, other than public
notice of a meeting given to comply with the Open Meetings Act, is required to be given under the
provisions of these Bylaws, such notice shall be deemed to be sufficient if given by depositing the
same in a post office box in a sealed postpaid wrapper addressed to the person entitles thereto at
his or her post office address, as it appears on the books of the Corporation, and such notice shall
be deemed to have been given on the day of such mailing. If transmitted by facsimile or email,
such notice shall be deemed to be delivered upon successful transmission of the facsimile or email.
A Director may waive notice of any meeting. The attendance of a Director at any meeting shall
constitute a waiver of notice of such meeting unless such attendance is for the purpose of objecting
to the failure of notice. A waiver of notice, signed by the person or persons entitled to said notice,
whether before or after the time stated therein, shall be deemed equivalent thereto.
7.03 Gender. References herein to the masculine gender shall also refer to the
feminine in all appropriate cases and vice versa.
8.04 City Access to Records of Corporation. Notwithstanding the provisions of
the Public Information Act or any exceptions contained therein to disclosure and the rights or
12
limitations thereof regarding the review of record of Texas non-profit corporations, the City shall
have a special right to review and obtain copies of the records of the Corporation, regardless of
format, upon reasonable notice and during regular business hours of the Corporation. Such special
right of access includes the right of the City’s Internal Auditor to access necessary records and to
conduct financial audits at the direction of the City’s governing body.
8.05 Amendments. A proposal to alter, amend or repeal these Bylaws shall be
made by the affirmative vote of a majority of the entire Board at any annual or special meeting if
notice of the proposed amendment be contained in the notice of the special meeting. However, any
proposed change or amendment to the Bylaws must be approved by resolution of the City to be
effective.
1
CERTIFICATE OF FORMATION
OF
SPRING CREEK LOCAL GOVERNMENT CORPORATION
We, the undersigned natural persons, each of whom is at least eighteen (18) years of age
or more, and a resident and a qualified voter of the City of College Station, Texas (the “City”), and
a citizen of the State of Texas, acting as incorporators of a corporation under the provisions of
Subchapter D of Chapter 431, Texas Transportation Code (the “Act”), and Chapter 394, Texas
Local Government Code, do hereby adopt the following Certificate of Formation for such
corporation:
ARTICLE I
Corporation Name
The name of the corporation is the SPRING CREEK LOCAL GOVERNMENT
CORPORATION (the “Corporation”).
ARTICLE II
Nature of Corporation
The Corporation is a public non-profit corporation.
ARTICLE III
Duration of Corporation
The period of duration of the Corporation shall be perpetual.
ARTICLE IV
Corporate Purpose and Authority
4.01 The Corporation is organized for the purpose of aiding, assisting, and acting on
behalf of the City in the performance of its governmental functions to promote the common good
and general welfare of the City, including, without limitation, the development of the geographic
area of the City included at or in the vicinity of the “Spring Creek Corporate Campus” as depicted
on Exhibit “A”, in furtherance of the promotion, development, encouragement and maintenance
of employment, commerce, economic development and public facility development in the City of
College Station.
4.02 The Corporation shall have the power to purchase, exchange, contract for, lease,
rent, and in any and all other ways acquire, own, improve, and hold, and to sell, convey, mortgage,
lease, rent to others, or otherwise dispose of real estate, improvements in real estate, int erests in
2
real estate, and personal property of every kind, character, and description to carry out the purposes
of the Corporation; subject to the approval of the City Council.
4.03 The Corporation shall have and exercise all of the rights, powers, privileges, and
functions given by the general laws of Texas to non-profit corporations incorporated under the
Act, including, without limitation, the Texas Nonprofit Corporation Law (Tex. Bus. Org. Code,
Chapters 20 and 21 and the provisions of Title I thereof to the extent applicable to non-profit
corporations, as amended) or their successor.
4.04 The Corporation shall have all other powers of a like or different nature not
prohibited by law which are available to non-profit corporations in Texas and which are necessary
or useful to enable the Corporation to perform the purposes for which it was created, including the
power to issue bonds, notes or other obligations, and otherwise exercise its borrowing power to
accomplish the purposes for which it was created; provided, however, prior to the consummation
of the sale and delivery of any bonds, notes or other forms of debt instruments, the Corporation
shall obtain the approval thereof from the City Council.
4.05 In the exercise of the powers of the Corporation, the Corporation may enter into a
loan, lease, trust, or other agreements as authorized by the Act that are necessary and appropriate
to the fulfillment of the public purpose of the Corporation, all of which agreements, and the specific
uses, and the method of withdrawals and expenditure of the proceeds of the bonds or notes, and
other instruments must be included as part of the approval process of the City as required above.
In connection with the issuance of its bonds, notes, or other debt instruments, the Corporation shall
select bond counsel and financial advisors acceptable to the City Manager and City Attorney.
4.06 The Corporation is created as a local government corporation pursuant to the Act
and shall be a governmental unit within the meaning of Subdivision (3), Section 101.001, Texas
Civil Practice and Remedies Code. The operations of the Corporation are governmental and not
proprietary functions for all purposes, including for purposes of the Texas Tort Claims Act, Section
101.001, et seq., Texas Civil Practice and Remedies Code.
ARTICLE V
No Members or Shareholders
The Corporation shall have no members and shall have no stock.
ARTICLE VI
Board of Directors
6.01 All powers of the Corporation shall be vested in the Board of Directors (the
“Board”). To be eligible to serve as a Director, a person must be a resident and qualified elector of
the City. The Board shall consist of five (5) persons who shall be appointed by the City Council
of the City (each a “Director”). The initial five (5) Directors of the Board shall be those persons
named in Article VIII, below. With respect to the initial Board, the terms of the initial Directors
3
shall commence on the date the Secretary of State issues the certificate of incorporation for the
Corporation and each shall serve for the term expiring on the date set forth thereon. The Mayor of
the City shall serve as a Director and shall serve as President of the Board. The remaining Directors
may be members of the City Council of the City, City officers or emplo yees, or residents of the
City whom the City Council determines have a special knowledge or expertise that would be
beneficial to the Corporation, such as a banker or realtor. If a Director ceases to be an elected
official, officer or employee of the City, or a resident of the City, he or she shall be disqualified
from serving as a Director.
6.02 Except as provided herein, each Director shall serve a term of office of two (2)
years, or until his or her successor is appointed by the City Council of the City, unless such Director
has been appointed to fill an unexpired term, in which case the term of such Director shall expire
on the expiration date of the term of the Director who he or she was appointed to replace. Initial
and subsequent Directors shall be eligible for reappointment; provided, however, that no Director
may serve longer than six (6) years consecutively, unless such service is required to complete an
unexpired term or in order to serve until a successor is appointed. A majority of the Board must at
all times be residents of the City. Any Director may be removed from office at any time, with or
without cause, by the City Council of the City.
6.03 Vacancies on the Board that occur before the end of a Director’s term shall be filled
in the same manner as appointments made under this section.
6.04 All other matters pertaining to the internal affairs of the Corporation shall be
governed by the Bylaws of the Corporation, so long as such Bylaws are not inconsistent with this
Certificate of Formation or the laws of the State of Texas.
ARTICLE VII
Registered Office and Agent
The street address of the initial registered office of the Corporation is 1101 Texas Avenue,
College Station, Texas 77842, and the name of the initial registered agent at such address is Kelly
Templin.
ARTICLE VIII
Initial Directors
The names and addresses of the initial Directors are:
NAME ADDRESS INITIAL TERM EXPIRES
Karl Mooney 1101 Texas Avenue September 30, 2018
College Station, Texas 77842
4
James Benham 1101 Texas Avenue September 30, 2018
College Station, Texas 77842
Julie Schultz 1101 Texas Avenue September 30, 2019
College Station, Texas 77842
_________________ 1101 Texas Avenue September 30, 2019
College Station, Texas 77842
_________________ 1101 Texas Avenue September 30, 2019
College Station, Texas 77842
ARTICLE IX
Incorporators
The names and street addresses of the incorporators, each of whom resides within the City,
are:
Karl Mooney 1101 Texas Avenue
College Station, Texas 77842
James Benham 1101 Texas Avenue
College Station, Texas 77842
Julie Schultz 1101 Texas Avenue
College Station, Texas 77842
ARTICLE X
Approval of Certificate of Formation
Resolution Number ___________ approving the form and substance of this
Certificate of Formation was adopted b y the City Council of the City of College Station, Texas on
___________.
ARTICLE XI
Director Liability
No Director shall be liable to the Corporation for monetary damages for an act or omission
in the Director’s capacity as a Director, except for liability (i) for acts or omissions not in good
faith or which involve intentional misconduct or a knowing violation of law, (ii) for any transaction
for which the Director received an improper benefit, whether or not the benefit resulted from an
act taken within the scope of the Director’s office, or (iii) for acts or omissions for which the
liability of the Director is expressly provided by statute. Any repeal or amendment of this Article
5
by the Directors shall be prospective only, and shall not adversely affect any limitation on the
personal liability of a Director existing at the time of such repeal or amendment. In addition to the
circumstances in which a Director is not personally liable as set forth in the preceding sentences,
a Director shall not be liable to the fullest extent permitted by any amendment to the Texas statutes
hereafter enacted that further limits the liability of a Director.
ARTICLE XII
Limits on Use of Corporate Assets; Income of Corporation
12.01 In accordance with the provisions of Section 501(c)(3) of the Internal Revenue
Code (the “CODE”) and regardless of any provisions of this Certificate of Formation or the laws
of the State of Texas, the Corporation shall not:
A. Permit any part of the net earnings of the Corporation to inure to the benefit of any
private individual (except that reasonable compensation may be paid for personal
services rendered to or for the Corporation in effecting one or more of its purposes);
B. Direct any of its activities to attempting to influence legislation by propaganda or
otherwise;
C. Participate in, or intervene in (including the publication or distribution of statements),
any political campaign on behalf of any candidate for public office; or
D. Attempt to influence the outcome of any election for public office or to carry on,
directly or indirectly, any voter registration drives.
12.02 Any income earned by the Corporation after payment of reasonable expenses, debt
and such reserves as may be necessary as set forth in the authorizing documents related to the
issuance of debt by the Corporation shall accrue to the City.
12.03 The City shall, at all times, have an unrestricted right to receive any income earned
by the Corporation, exclusive of amounts needed to cover reasonable expenditures and reasonable
reserves for future activities. Any income of the Corporation received by the City shall be
deposited into such account or fund as determined by the City Council of the City. No part of the
Corporation’s income shall inure to the benefit of any private interests.
ARTICLE XIII
Corporation as Private Foundation
If the Corporation is a private foundation within the meaning of Section 509(a) of the Code,
the Corporation: (a) shall distribute its income for each taxable year at such time and in such
manner as not to become subject to the tax on undistributed income imposed by Section 4942 of
the Code; (b) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code;
(c) shall not retain any excess business holdings as defined in Section 4943(c) of the Code; (d)
6
shall not make any investments in such manner as to subject it to tax under Section 4944 of the
Code; and (e) shall not make any taxable expenditures as defined in Section 4945(d) of the Code.
ARTICLE XIV
Dissolution
14.01 If the Board of Directors determines by resolution that the purposes for which the
Corporation was formed have been substantially met and all bonds issued by and all obligations
incurred by the Corporation have been fully paid or provision made for such payment, the Board
shall execute a certificate of dissolution which states those facts and declares the Corporation
dissolved in accordance with the requirements of the Act or with applicable law then in existence.
In the event of dissolution or liquidation of the Corporation, all assets will be turned over to the
City for deposit into such account or fund as the City Council of the City should direct.
14.02 Subject to any restrictions contained in applicable state law, if the City considers
and approves a resolution or ordinance directing the Board to proceed with the dissolution of the
Corporation, the Board shall promptly proceed with the dissolution of the Corporation. The failure
of the Board to promptly proceed with the dissolution of the Corporation in accordance with this
Section 14.02 shall be deemed a cause for the removal from office of any or all of the Directors as
permitted by Article VI of this Certificate of Formation.
ARTICLE XV
Indemnification of Directors and Officers
15.01 Right to Indemnification. Subject to the limitations and conditions as provided in
this Article XV and the Bylaws of the Corporation, each person who was or is made a party or is
threatened to be made a party to or is involved in any threatened, pending or completed action, suit
or proceeding, whether civil, administrative, arbitrative or investigative (hereinafter a
“proceeding”), or any appeal in such a proceeding or any inquiry or investigation that could lead
to such a proceeding, by reason of the fact that he or she, or a person for whom he or she is the
legal representative, is or was a Director or officer of the Corporation shall be indemnified by the
Corporation to the fullest extent permitted by the Texas Nonprofit Corporation Law, as the same
exists or may hereafter be amended (but, in the case of any such amendment, only to the extent
that such amendment permits the Corporation to provide prior to such amendment) against
judgments, penalties, fines, settlements, and reasonable expenses (including, without limitation,
attorney’s fees) actually incurred by such person to indemnity hereunder. The rights granted
pursuant to this Article XV shall be deemed contract rights, and no amendment, modification, or
repeal of this Article XV shall have the effect of limiting or denying any such rights with respect
to action taken or proceedings arising prior to any such amendment, modification, or repeal. It is
expressly acknowledged that the indemnification provided in this Article XV could involve
indemnification for negligence or under theories of strict liability. This indemnification does not
apply to deliberate or criminal acts of such person or persons subject to indemnification hereunder.
7
15.02 Indemnification of Employees and Agents. The Corporation, by adoption of
resolution of the Board, may indemnify and advance expenses to an employee or agent of the
Corporation to the same extent and subject to the same conditions under which it may indemnify
and advance expenses to Directors and officers under this Article XV.
15.03 Appearance as a Witness. Notwithstanding any other provision of this Article XV,
the Corporation may pay or reimburse expenses incurred by a Director, officer, employee or agent
in connection with his or her appearance as a witness or other participation in a proceeding
involving the Corporation or its business at a time when he or she is not a named defendant or
respondent in the proceedings.
15.04 Non-exclusivity of Rights. The right to indemnification and the advancement and
payment of expenses conferred in this Article XV shall not be exclusive of any other right which
a Director, officer, employee or agent indemnified pursuant to Section 15.02 above, may have or
hereafter acquire under any law (common or statutor y), provision of this Certificate of Formation
or the Bylaws of the Corporation, agreement, or vote of disinterested Directors or otherwise.
15.05 Insurance. The Corporation shall purchase and maintain insurance, at its sole cost
and expense to protect itself and any person who is or was serving as a Director, officer, employee
or agent of the Corporation or who is or was serving at the request of the Corporation as a Director,
officer, partner, venture, proprietor, trustee, employee, agent or similar functionary of another
foreign or domestic corporation, partnership, joint venture, proprietorship, employee benefit plan,
trust or other enterprise against any expense, liability or loss, whether the Corporation would have
the power to indemnify such person against such expense, liability or loss under this Article XV.
15.06 Notification. Any indemnification of a Director or officer in accordance with this
Article XV shall be reported in writing to the members of the Board with or before the notice of
the next regular meeting of the Board and, in any case, within the 12-month period immediately
following the date of the indemnification or advance.
15.07 Savings Clause. If this Article XV or any portion hereof shall be invalidated on any
ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify
and hold harmless each Director, officer or any other person indemnified pursuant to this Article
XV as to costs, charges and expenses (including attorneys’ fees), judgments, fines, and in amounts
paid in settlement with respect to any action, suit or proceeding, whether civil, criminal,
administrative or investigative, to the full extent permitted by any applicable portion of this Article
XV that shall not have been invalidated and to the fullest extent permitted by applicable law.
ARTICLE XVI
Amendments
This Certificate of Formation may not be changed or amended unless approved in writing
by the City.
8
IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of _______,
20__.
____________________________
Karl Mooney
Incorporator
____________________________
James Benham
Incorporator
____________________________
Julie Schultz
Incorporator
STATE OF TEXAS }
}
COUNTY OF BRAZOS }
Before me, on this day personally appeared Karl Mooney, known to me to be the person whose
name is subscribed to the foregoing document and, being by me first duly sworn, declared that
the statements therein contained are true and correct.
__________________________________
Notary Public, State of Texas
9
STATE OF TEXAS }
}
COUNTY OF BRAZOS }
Before me, on this day personally appeared James Benham, known to me to be the person whose
name is subscribed to the foregoing document and, being by me first duly sworn, declared that
the statements therein contained are true and correct.
__________________________________
Notary Public, State of Texas
STATE OF TEXAS }
}
COUNTY OF BRAZOS }
Before me, on this day personally appeared Julie Schultz, known to me to be the person whose
name is subscribed to the foregoing document and, being by me first duly sworn, declared that
the statements therein contained are true and correct.
__________________________________
Notary Public, State of Texas
10
EXHIBIT A
/#SZBO"WF
#SZBO
59
1
'
XXXBSLJUFYDPN
5IF
"SLJUFY
4UVEJP
*OD
PRELIMINARY Interim review only. Document is not complete and may not be used for regulatory approval, permit, or construction. Architect: Charles N Burris Registration No: 7904 Date: 4/27/15
A1Spring CreekCorporate CampusCollege Station, Texas,Project 1230
April 2015
Revisions
Number!!Date
The Arkitex Studio, Inc. is providing, by
agreement with certain parties, materials
stored electronically. The parties recognize
that data, plans, specifications, reports,
documents, or other information recorded
on or transmitted as electronic media
(including but not necessarily limited to
"CAD documents") are subject to
undetectable alteration, either intentional
or unintentional, due to, among other
causes, transmission, conversion, media
degradation, software error, or human
alteration. Accordingly, all such documents
are provided to the parties for informational
purposes only and not as an end product
or as a record document. Any reliance
thereon is deemed to be unreasonable and
unenforceable. The signed and/or stamped
hard copies of the Architect's Instruments
of Service are the only true contract
documents of record.
1 GENERAL SITE MAP
Scale: +/- 1 : 4800
0'2400'4800'9600'