HomeMy WebLinkAbout09/25/2017 - 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 PMMonday, September 25, 2017
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation
Texas Historical Commission presents Texas Treasure Business Award to Joe Orr Inc.
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:
• September 11, 2017 Workshop
• September 11, 2017 Regular
17-05452a.
Sponsors:McNutt
WKSHP091117 DRAFT Minutes
RM091117 DRAFT Minutes
Attachments:
Page 1 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
Presentation, possible action, and discussion regarding approval of
modifications to Article III of the Bylaws of the Research Valley
Partnership, Inc. (RVP).
17-04632b.
Sponsors:Ruiz
Presentation, possible action and discussion to authorize expenditure
of funds for FY 2018 for items exempt from competitive bidding as
described more fully in Texas Local Government Code, Chapter
252.022 and other expenditures for interlocal contracts or fees
mandated by state law that are greater than $100,000; and to authorize
the City Manager to approve contracts and expenditures that are on
the exemption list.
17-05112c.
Sponsors:Leonard
2018 Exemptions ListAttachments:
Presentation, possible action, and discussion regarding the renewal of
an annual contract 15300345 with Brazos Paving, Inc. for the
purchase and installation of Type D Hot Mix Asphalt and Emulsion for
an amount not to exceed $3,013,550.
17-05162d.
Sponsors:Harmon
Tabulation
Bid 15-066 Signed Annual Install of Type D Hot Mix
Attachments:
Presentation, possible action, and discussion regarding the first
renewal of contract 15300353 with Andrews Building Service, Inc. for
annual janitorial services for city facilities and the Northgate District in
the amount of $256,078.42.
17-05172e.
Sponsors:Harmon
Contract 15300353 Signed Janitorial ServicesAttachments:
Presentation, possible action, and discussion on an Interlocal
Agreement between City of College Station and College Station
Independent School District for the cost participation by College
Station Independent School District in the City ’s Royder Road
Widening Phase I Project.
17-05182f.
Sponsors:Harmon
Royder Road Phase I Project Map
CSISD ILA Wellborn Middle School-9-1-17
Attachments:
Presentation, possible action, and discussion on consideration of an
ordinance amending Chapter 38, “Traffic and Vehicles,” Section
38-1008 “Traffic Schedule VIII, no right turn and no left turn” of the
Code of Ordinances of the City of College Station to prohibit
17-05192g.
Page 2 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
Left-Turns for vehicles traveling northbound on Brothers Boulevard into
the Southwood Valley Parent Pick -up and Drop-off Driveway 815 feet
North of Deacon Drive.
Sponsors:Rother
Ordinance - No Left turn Southwood Valley Elementary
Exhibit A - No Left-Turn Southwood Valley Elementary
Attachments:
Presentation, possible action, and discussion on an interlocal
agreement between the City of College Station and Brazos County
regarding Arrington Road.
17-05202h.
Sponsors:Harmon
Arrington Road ILA FinalAttachments:
Presentation, possible action, and discussion on a resolution
authorizing the City Manager or his designee as authorized officials to
execute documents necessary for the submission of a grant
application for Criminal Justice Division funds from the Officer of the
Governor.
17-05262i.
Sponsors:Norris
ResolutionAttachments:
Presentation, possible action, and discussion on an ordinance
amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic
Schedules," Section 38-1014 "Traffic Schedule XIV, No Parking Here
to Corner and No Parking at Anytime," at the West side of Boyett
Street beginning 60 feet north of the intersection with University Drive
and ending 130 feet north of University Drive, of the Code of
Ordinances of the City of College, Station, Texas, providing a
severability clause; declaring a penalty; and providing an effective
date.
17-05282j.
Sponsors:Eller
Ordinance Amendment - Division 2, Sec. 38-1014Attachments:
Presentation, possible action, and discussion regarding approval an
Amendment to the Brazos Valley Wide Area Communications System
(BVWACS) Interlocal Agreement adding Grimes County as a
BVWACS Party.
17-05302k.
Sponsors:Provazek
City of College Station - BVWACS ILA Amendment - With 7 Signature Pages.pdfAttachments:
Presentation, possible action and discussion on a bid award for the
annual blanket purchase of three phase pad -mounted transformers,
which will be maintained in electrical inventory and expended as
17-05312l.
Page 3 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
needed. The total recommended award is for an amount not to exceed
$479,168.
Sponsors:Leonard
Final Draft 2017 Three Phase EvalAttachments:
Presentation, possible action, and discussion regarding an annual
water meter purchase contract #16300413R1 with National Meter &
Automation, Inc. for a maximum amount of $463,000.
17-05352m.
Sponsors:Coleman
Bid tabulation 16-073Attachments:
Presentation, possible action, and discussion on an ordinance
repealing Chapter 38, “Traffic and Vehicles” Article I, “In General”,
Sec. 38-19 “Use of Wireless Communication Devices While Operating
a Motor Vehicle or Bicycle” of the College Station Code.
17-05492n.
Sponsors:McCollum
Sec 38-19 WCD Ord Repeal 9-15-17Attachments:
Presentation, possible action, and discussion regarding a resolution
authorizing a License Agreement with Lakeridge Living LP for 69.55
square foot encroachment into the public utility easement located at
Lot 1R A, Block 1, Lakeridge Subdivision, according to the plat
recorded in Volume 11092, Page 100 of the Official Records of
Brazos County, Texas.
17-05532o.
Sponsors:Cotter
Vicinity Map
Location Map
Resolution
Exhibit A
Attachments:
Presentation, possible action, and discussion on a lease agreement
with CEO Etc. for lease of City Fiber Optic Cable Facilities.
17-05542p.
Sponsors:Provazek
Dark Fiber Lease Agreement_CEOAttachments:
Presentation, possible action, and discussion regarding the fiscal year
FY17 funding of $1,493,809 to the Phase II Systems dba Public
Agency Retirement Services (PARS) OPEB Trust.
17-05642q.
Sponsors:Leonard
Presentation, possible action, and discussion regarding City of College
Station Excess Liability and Workers’ Compensation Insurance,
Property/Boiler & Machinery, Commercial Crime, EMT Liability, Auto
17-05242r.
Page 4 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
Property Damage, Cyber Liability and Special Events policies for
Fiscal Year 2018. FY18 premiums for all lines of coverage are not to
exceed $500,223.
Sponsors:Pond
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 on
Budget Amendment #3 amending Ordinance No. 3809 which will
amend the budget for the 2016-2017 Fiscal Year in the amount of
$114,357; and presentation, possible action and discussion on a
contingency transfer totaling up to $400,000.
17-05341.
Sponsors:Leonard
FY17 Budget Amendment #3 ordinance
FY17 BA #3 - revised 9-21-17
Attachments:
Presentation, possible action, and discussion on an ordinance
adopting the City of College Station 2017-2018 Budget; and
presentation, possible action and discussion ratifying the property tax
revenue increase reflected in the budget.
17-05432.
Sponsors:Leonard
Appendix A1 - FY18 Budget Adoption Ordinance
Appendix A2 - FY18 Attachment A_ IT submission_revised_8-24-17
Attachments:
Presentation, possible action, and discussion on approval of an
ordinance adopting the City of College Station 2017-2018 ad valorem
tax rate of $0.497500 per $100 assessed valuation, the debt service
17-05423.
Page 5 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
portion being $0.220339 per $100 assessed valuation and the
operations and maintenance portion being $0.277161 per $100
assessed valuation.
Sponsors:Leonard
FY18 Tax Rate OrdinanceAttachments:
Presentation, possible action, and discussion regarding an ordinance
amending Chapter 40, "Utilities" Articles I and II of the Code of
Ordinances of the City of College Station, to establish an Account
Creation Fee and to establish the water and sewer rate surcharge for
customers in BCMUD-1.
17-05364.
Sponsors:Coleman
Amended OrdinanceAttachments:
Presentation, possible action, and discussion regarding an amendment
to the Utility Rates Resolution, to implement a 6% water rate increase,
set the amount of the Account Creation Fee, and establish the water
and sewer rate surcharge for customers in BCMUD-1.
17-05375.
Sponsors:Coleman
Revised ResolutionAttachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Appendix A, “Unified Development
Ordinance,” Article 4 “Zoning Districts,” Section 12-4.2, “Official
Zoning Map” of the Code of Ordinances of the City of College Station,
Texas by changing the zoning district boundaries from R Rural to SC
Suburban Commercial, E Estate and NAP Natural Areas Protected on
approximately 35 acres of land being situated at the northwest
intersection of William D. Fitch Parkway and Rock Prairie Road. Case
#REZ2017-000010
17-05566.
Sponsors:Paz
Background Information
SAM & Aerial
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending the zoning designation from R Rural
to RS Restricted Suburban and NAP Natural Areas Protected for
approximately 46 acres located near North Forest Parkway, generally
located north of Appomattox Drive and Emerald Forest Subdivision .
Case # REZ2016-000020
17-05577.
Sponsors:Thomas
Page 6 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
Background Information
Aerial and Small Area Map (SAM)
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance vacating and abandoning an existing 10-foot
wide Public Utility Easement, which is located on Lots 5 & 6, Block 10
of the W.C. Boyett Estate Partition, according to the plat recorded in
Volume 100, Page 440, of the Official Records of Brazos County,
Texas.
17-05588.
Sponsors:Cotter
Vicinity Map
Vicinity Map
Exhibit A
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Appendix “A”, “Unified Development
Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas by changing the
zoning district boundaries from CI Commercial Industrial to MF
Multi-Family and NAP Natural Areas Protected for approximately 6
acres located at 1451 Associates Avenue. Case # REZ2017-000005
17-05619.
Sponsors:Thomas
Background Information
SAM & Aerial
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Appendix A, “Unified Development
Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas, by changing the
zoning district boundaries from R Rural to GS General Suburban for
approximately 14 acres located at 3387 Barron Cut-Off Road. Case
#REZ2017-000021
17-056210.
Sponsors:Lazo
Background Information
Vicinity SAM & Aerial
Ordinance
Attachments:
Public Hearing, presentation, possible action, and discussion
regarding an ordinance amending Appendix A, “Unified Development
Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of
17-056311.
Page 7 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
Ordinances of the City of College Station, Texas, by changing the
zoning district boundaries from R Rural to E Estate for approximately 5
acres located at 15590 White’s Creek Lane. Case #REZ2017-000020
Sponsors:Lazo
Background Information
Vicinity SAM & Aerial
Ordinance
Attachments:
Presentation, possible action, and discussion regarding an
appointment to the Brazos Valley Solid Waste Management Agency,
Inc Board of Directors.
17-049612.
Sponsors:McNutt
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.
13. Adjourn.
The City Council may adjourn into Executive Session to consider any item listed on this
agenda if a matter is raised that is appropriate for Executive Session discussion. An
announcement will be made of the basis for the Executive Session discussion.
APPROVED
_____________________
City Manager
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101
Texas Avenue, College Station, Texas, on September 21, 2017 at 5:00 p.m.
_____________________
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this
meeting and who may need accommodations, auxiliary aids, or services such as
interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979)
764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business
days prior to the meeting so that appropriate arrangements can be made. If the City does
not receive notification at least two business days prior to the meeting, the City will make a
reasonable attempt to provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
Page 8 College Station, TX Printed on 9/21/2017
September 25, 2017City Council Regular Meeting Agenda - Final
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano
al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo
411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta
propiedad portando arma de mano al aire libre.”
Page 9 College Station, TX Printed on 9/21/2017
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0545 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:9/12/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion of minutes for:
• September 11, 2017 Workshop
• September 11, 2017 Regular
Sponsors:Tanya McNutt
Indexes:
Code sections:
Attachments:WKSHP091117 DRAFT Minutes
RM091117 DRAFT Minutes
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of minutes for:
• September 11, 2017 Workshop
• September 11, 2017 Regular
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Approval
Summary: None
Budget & Financial Summary: None
Attachments:
• September 11, 2017 Workshop
• September 11, 2017 Regular
College Station, TX Printed on 9/21/2017Page 1 of 1
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WKSHP091117 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
SEPTEMBER 11, 2017
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Blanche Brick
Jerome Rektorik
Linda Harvell
Barry Moore
Julie Schultz
James Benham
City Staff: Student Liaison
Kelly Templin, City Manager Jonah Chen, VP Municipal Affairs
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Tanya McNutt, City Secretary
Ian Whittenton, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Mooney at 4:30 p.m. on Monday, September 11, 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, Legal
Advice, §551.072-Real Estate, and §551.074-Personnel, the College Station City Council
convened into Executive Session at 4:30 p.m. on Monday, September 11, 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.
WKSHP091117 Minutes Page 2
McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause
No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas
B. Consultation with attorney to receive legal advice; to wit:
Legal Advice related to the 85th Texas Legislature’s passage of H.B. 62 regarding wireless
communication devices and the bill’s legal effects to College Station Code Sec.38-19
regarding wireless communication devices.
Legal advice regarding organizational issues concerning the Brazos Valley Convention and
Visitors Bureau.
Legal advice related to the rezoning of property at 100 Fairview in College Station, Texas.
C. Deliberation on the purchase, exchange, lease or value of real property; to wit:
Property located generally west of the intersection at Cain Road and Wellborn Road in
College Station, Texas
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
Council Self Evaluation
The Executive Session recessed at 6:21 p.m.
3. Take action, if any, on Executive Session.
No action was required from Executive Session.
4. Presentation, possible action and discussion on items listed on the consent agenda.
Items 2l, 2m, 2p and 2q were pulled from Consent for clarification.
(2l): Donald Harmon, Director of Public Works, stated he would bring back to Council the cost
of modifying the contract to provide weekly recycling service instead of bi-weekly service.
(2m): David Schmitz, Director of Parks and Recreation, gave clarification regarding the appraisal
and market value of the 110.95 acres of land for development as the Westside Community Park.
He also clarified on the access point to the park.
(2p): Debbie Eller, Director of Community Services, gave summarized changes to Rental
Registration as now being a onetime payment of $15 to register Single-Family and Duplex Unit
Rental Registration, as well as adding Fourplex units to the buildings requiring registration.
(2q): Scott McCollum, Police Chief, gave clarification on the difference between the City’s
ordinance and the new state law regulating transportation network companies such as Uber.
5. Presentation, possible action, and discussion on the 85th Legislature of the State of Texas
passage of H.B. 62 regulating wireless communication devices and College Station Code
Chapter 38, Article 1, Sec. 38-19 Use of Wireless Communication Devices.
WKSHP091117 Minutes Page 3
Scott McCollum, Chief of Police, presented an overview of the legislative changes made from
H.B. 62 regulating wireless communication devices. He explained the actions taken during the
sessions that have implications on the City's Hands Free ordinance that requires understanding and
potential action and outline the following options:
Amend the City Ordinance
• Would prohibit the operator of a motor vehicle from using a WCD to make a phone call
without the use of a hands-free device
• Would also prohibit using a WCD for any reason from a bicycle
• Would require maintenance of current posted signs as well as purchase and installation of
18 additional signs
Repeal the City Ordinance
• The City may repeal the current ordinance and rely solely upon State law only
• Would allow motor vehicle operators to use a WCD to make a phone call without hands-
free devices since conduct is not prohibited under State law
• Likewise, the use of WCD by bicycle operators for any purpose would be permitted
The current City signs would need to be removed
Council consensus was to go forward with repealing the current ordinance and rely solely upon
State law only.
6. Presentation, possible action, and discussion regarding opportunities for new long -term
water supplies.
Dave Coleman, Director of Wastewater, provided an overview of College Station's water supply
groundwater wells. In the event reserves are drawn down in the future, we could be required to
reduce our pumping amounts. A long-term strategy includes alternative water supplies that would
replace any required cutbacks. The following options were outlined:
Aquifer Storage and Recovery (ASR)
Direct Potable Reuse (DPR)
Desalination – Brackish Groundwater
Surface Water – Brazos River Supply
7. Council Calendar
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-committee,
Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board
of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health
Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of
Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and
Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic
Development Committee, FBT/Texas Aggies Go to War, Historic Preservation Committee,
Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review
WKSHP091117 Minutes Page 4
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 Economic Development, TAMU Student Senate, Texas Municipal League, Twin City
Endowment, Walk with the Mayor, YMCA, Youth Advisory Council, Zoning Board of
Adjustments.
No discussion needed.
9. Adjournment
There being no further business, Mayor Mooney adjourned the workshop of the College Station
City Council at 7:28 p.m. on Monday, September 11, 2017.
________________________
Karl Mooney, Mayor
ATTEST:
_______________________
Tanya McNutt, City Secretary
RM091117 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 17, 2017
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Blanche Brick
Jerome Rektorik
Linda Harvell
Barry Moore
Julie Schultz
James Benham
City Staff: Student Liaison
Kelly Templin, City Manager Jonah Chen, VP Municipal Affairs
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Tanya McNutt, City Secretary
Ian Whittenton, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called t o
order by Mayor Mooney at 7:37 p.m. on Monday, September 11, 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.
MCCI presenting the Laserfiche Excellence Award to the City Secretary’s Office.
Mayor Mooney recognized Russell Haddock with MCCI.
Russell Haddock, MCCI presented the Excellence Award to the Ian Whittenton, Deputy City
Secretary of City Secretary’s Office.
Proclamation declaring September 17th through 23rd as Constitution Week.
Mayor Mooney presented the proclamation and proclaimed September 17-23, 2017 as Constitution
Week. Present to accept the proclamation was the La Villita Chapter of the Daughters of the
American Revolution.
Proclamation declaring September 16th as Thank a Police Officer Day.
RM091117 Minutes Page 2
Mayor Mooney presented the proclamation and proclaimed September 16, 2017 as Thank a Police
Officer Day. Present to accept the proclamation were members of the College Station Police
Department.
Hear Visitors Comments
No discussion needed.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
August 24, 2017 Workshop Meeting
August 24, 2017 Regular Meeting
August 30, 2017 Special Meeting
2b. Presentation, possible action, and discussion on an Interlocal Agreement (ILA) with
Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice 2017
Justice Assistance Grant (JAG).
2c. Presentation, possible action, and discussion regarding approval of a construction
contract (No.17300495) with Larry Young Paving, Inc. in the amount of $11,361,015.62 for
the construction of the Lakeway Drive Project.
2d. Presentation, possible action, and discussion regarding approval of the construction
contract (17300458) with Larry Young Paving in the amount of $2,877,493.99 for the Royder
Road Expansion Phase 1 Project.
2e. Presentation, possible action, and discussion on Ordinance No. 2017-3924 temporarily
amending Chapter 38, Section 38-1013, Traffic Schedule XIII "Temporary Speed Limits" of
the College Station Code by changing the posted speed limit on Royder Road to 25 mph
between the City Limit to 700’ north of Backwater Drive for the duration of the Royder
Road Expansion Phase 1 project.
2f. Presentation, possible action, and discussion regarding construction contract 17300478
with Brazos Paving, Inc. in the amount of $315,139.10 for the construction of the culvert and
water line replacement at the intersection of Dominik and Stallings Drive.
2g. Presentation, possible action, and discussion to consider awarding contract #17300501 in
the amount of $545,000 to C3 Constructors for the construction of CCWWTP Plants 4 & 5
Blower Improvements.
2h. Presentation, possible action, and discussion on Resolution No. 09-11-17-2h naming the
authorized representative on the PARS Public Agencies Post -Retirement Health Care Plan
Trust account.
2i. Presentation, possible action, and discussion to approve an agreement for administrative
services with Phase II Systems dba Public Agency Retirement Services (PARS) in an amount
RM091117 Minutes Page 3
of 0.25% of Plan Assets for financial advisory services on an annual basis, estimated to be
$3,250 in this initial year.
2j. Presentation, possible action, and discussion regarding renewing a contract for printing
and mailing utility bills, late notices and inserts with Xpedient Mail in the amount of
$230,000.
2k. Presentation, possible action, and discussion for three year Interlocal Agreement with
the City of Bryan and Brazos County to provide Emergency Medical Ambulance Service to
Brazos County and to receive payments every quarter.
2l. Presentation, possible action, and discussion regarding the final reading for the recycling
collection franchise Ordinance No. 2017-3925 and service agreement renewal with Brazos
Valley Recycling in the amount not to exceed $880,000 or the number of customers times the
approved agreement rates.
2m. Presentation, possible action, and discussion regarding the acquisition of 110.95 acres
of land that will be developed into the Westside Community Park.
2n. Presentation, possible action, and discussion regarding approving the renewal of a
contract for Annual Padmount Equipment Repair and Restoration with Utility Restoration
Services Inc. in the amount of $256,384.
2o. Presentation, possible action, and discussion regarding Ordinance No. 2017-3926
amending Chapter 26, “Miscellaneous Provisions and Offenses,” Section 26-8, “Noise”, 3
"Exemptions" (a) of the Code of Ordinances of the City of College Station, Texas, regarding
the working hours for necessary construction.
2p. Presentation, possible action, and discussion regarding Ordinance No. 2017-3927
amending Chapter 103, “Building and Building Regulations,” Article V., “Single-Family and
Duplex Unit Rental Registration" of the College Station Code.
2q. Presentation, possible action, and discussion on Ordinance No. 2017-3928 repealing
Chapter 8 “Business”, Article X “Transportation Network Companies” of the College
Station Code because the 85th Legislature of the State of Texas passage of H.B. 100 allowing
only the state to regulate transportation network companies.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Rektorik, the City Council voted seven (7) 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 an ordinance
amending Appendix A, “Unified Development Ordinance,” Section 4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the
zoning district boundaries from GS General Suburban to PDD Planned Development
RM091117 Minutes Page 4
District for approximately 0.6 acres in the College Park Subdivision generally located at 100
& 200 Fairview.
Rachel Lazo, Planning and Development, stated that this request is to rezone approximately 0.6
acres located at the southwest corner of George Bush Drive and Fairview Avenue from GS General
Suburban to PDD Planned Development District, with a base zoning district of GC General
Commercial. The Urban land use allows commercial development within redevelopment areas,
and the Southside Area Neighborhood Plan further defines the types of developments allowed
within this section of Southside. The development is seeking to redevelop two lots along George
Bush Drive for the relocation of the existing Aggieland Outfitters at Highland and George Bush.
This zoning request is consistent with the current Future Land Use and Character Map. There is a
proposed modification to reduce the front building setback to ten (10) feet to allow a larger
separation between the proposed retail store and the existing residential properties. A second
modification has been proposed to remove drive-thru restaurants as a permitted use. Staff
recommends approval.
The Planning and Zoning Commission heard this item at their August 17th meeting and
recommend approval 4-0.
At approximately 8:46 p.m., Mayor Mooney opened the Public Hearing.
Jerry Cooper, College Park, stated his concerned with the rezoning and the health and safety of the
children in Southside, due to traffic congestion and other safety risks.
Emily Jane Cowan, Southside Neighborhood Advocacy Group, stated the group’s disappointment
in the decision of the P&Z Commission. They continue to believe that this is the wrong answer
for both their neighborhood and the city. She noted they have a signed petition with over 300
signatures, which clearly shows concern by the residents.
Bill Bingham, Southside Neighborhood Advocacy Group, presented information on how the
general commercial rezoning is expected to create an increase in tax revenue, or in some cases
provide a service the community lacks. He stated in this specific case, neither is true.
Kathy Richers, Southside Neighborhood Advocacy Group, spoke on how the applicant’s solution
is a U-turn, which most likely will not be allowed by TxDOT. She stated that the proposed stop
light is not in the TxDOT plan. The only purpose of the disruption is to serve one retail store.
Debbie Bethancourt, Southside Neighborhood Advocacy Group, stated that the intersection of
Fairview and Bush already has a high pedestrian, bicycle, and scooter traffic load and this blends
into the vehicular traffic because there are no sidewalks or bike lanes on Fairview. The pedestrian
density will increase with the grade separation because students will not be able to cross Bush due
to the new barriers.
Hayes Glover, Southside Neighborhood Advocacy Group, stated that the proposed rezoning does
more than simply take away our neighborhood entrance forever, it directly impacts the properties
immediately adjacent to it. The houses on Fairview will have traffic, noise, accelerating engines,
delivery trucks, idling vehicles, unsightly storage containers, restricted views from the owner’s
fences that are supposed to be a “benefit”.
RM091117 Minutes Page 5
Bob Richers, Southside Neighborhood Advocacy Group, stated that if anyone had suggested the
redevelopment should wrap around a house and extend down Fairview between houses the
proposal would have been rejected by City Council out of hand and yet we are considering it as a
reasonable thing to do.
Hugh Stearns, Southside Neighborhood Advocacy Group, stated that P&Z understood that this
was supposed to be a “neighborhood commercial” business. We need to effectively make the case
that this is General Commercial and that the definition of either General or Suburban has nothing
to do with size. It’s about who it serves.
Scott Shafer, Southside Neighborhood Advocacy Group, stated that the P&Z has strong opinions
about property rights, and we actually all agree on the principle, but we also believe in the rule of
law. The owner in this situation has purchased residential properties and the city must decide if
it wants to grant them the right to a different use, and a very large immediate gain in value.
Whitney Wolfe, College Station, spoke for the applicant and his personal character. She stated
that the owner is a planner, will be an excellent neighborhood, and good Stewart to Southside.
Nancy Berry, Chimney Hill, spoke in support of Aggieland Outfitters and the rezoning.
Don Jones, Pebble Creek, spoke in support of the rezoning due to the location of this property and
what he feels is an appropriate use.
Nan Krause, College Station, stated that businesses should not be located in a neighborhood.
Scott Scherr, Applicant Representative, spoke on the deed restrictions and how they are
enforceable. He stated he is a resident of Southside but in support of the rezoning.
Chuck Ellison, Southwood Neighborhood, stated he is here representing the applicant, and hear to
answer any questions on deed restrictions.
There being no comments, the Public Hearing was closed at 9:26 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Schultz, the City Council voted four (4) for and three (3) opposed, with Mayor Mooney and
Councilmembers Brick, and Harvell, voting against, to adopt Ordinance 2017-3929, amending
Appendix A, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code
of Ordinances of the City of College Station, Texas, by changing the zoning district boun daries
from GS General Suburban to PDD Planned Development District for approximately 0.6 acres in
the College Park Subdivision generall y located at 100 & 200 Fairview. The motion carried.
Mayor Mooney recessed the meeting at 10:24 p.m.
The meeting reconvened at 10:34 p.m.
2. Public Hearing, presentation, possible action, and discussion on the City of College Station
FY2017-2018 Proposed Budget.
RM091117 Minutes Page 6
Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are
proposed at $244,556,833 and the Capital portion is proposed at $120,957,260 for a total proposed
budget of $365,514,093. The FY2017-2018 Budget is scheduled to be adopted in Council
Chambers on Monday, September 25, at 7:00 p.m.
At approximately 7:51 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:51 p.m.
3. Public Hearing, presentation, possible action and discussion on the City of College Station
2017 advertised ad valorem tax rate of $0.4975 per $100 valuation resulting in an increase in
tax revenues. Also discussion and possible action on announcing the meeting date, time and
place to adopt the tax rate.
Mary Ellen Leonard, Finance Director, presented the second of the public hearings on the tax rate.
The proposed tax rate of 49.75 cents per $100 assessed valuation will generate $43,310,628 in
taxes.
The certified property valuation totaled $8,901,678,045 billion, which is a total increase of
$911,210,782 or approximately an 11.41% increase in value over last year. The effective tax rate
is 44.4262 cents per $100 assessed valuation. The current tax rate is 47.25 cents per $100 assessed
valuation, and the proposed tax rate is 49.75 cents per $100 assessed valuation. If adopted, the
proposed tax rate per $100 of assessed valuation would be 49.75 cents and would provide 22.0339
cents for debt service and 27.7151 cents for operations and maintenance. This tax rate meets the
Debt Service requirements, and funds the proposed General Fund budget.
At approximately 7:55 p.m., Mayor Mooney opened the Public Hearing.
Richard Dusold, College Station, spoke in opposition of the increase of the tax rate.
There being no comments, the Public Hearing was closed at 7:58 p.m.
Mayor Mooney announced the vote on the tax rate will take place in Council Chambers on
Monday, September 25, at 7:00 p.m.
4. Public Hearing, presentation, possible action, and discussion regarding an ordinance
amending Appendix A, “Unified Development Ordinance”, Article 8, “Subdivision
Regulations”, Section 8.3.I.2, “Utility Easements”, of the Code of Ordinances of the City of
College Station, Texas, regarding the location of utility easements.
Lance Simms, Director of Planning and Development, stated that the proposed UDO amendment
is included in the 2017 Planning & Zoning Commission’s Plan or Works. This will provide the
City Engineer with flexibility regarding the location and width of utility easements, thereby
reducing costs for the developer, staff time processing waiver requests, and the number of waiver
requests that must be considered by the Planning & Zoning Commission.
RM091117 Minutes Page 7
The Planning & Zoning Commission heard this request at their August 17, 2017 meeting and voted
to recommend approval 5-0.
At approximately 10:37 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 10:37 p.m.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017-
3930, amending Appendix A, “Unified Development Ordinance”, Article 8, “Subdivision
Regulations”, Section 8.3.I.2, “Utility Easements”, of the Code of Ordinances of the City of
College Station, Texas, regarding the location of utility easements. The motion carried
unanimously.
5. Public Hearing, presentation, possible action, and discussion regarding an ordinance
amendment to Appendix A, “Unified Development Ordinance”, Section 6.3, “Types of Uses”
of the Code of Ordinances of the City of College Station, Texas to permit the use of health
clubs in the Commercial Industrial zoning district.
Justin Golbabai, Planning and Development, stated that this amendment to the Unified
Development Ordinance permits the uses of “Health Club/Sports Facility, Indoor”, and “Health
Club/Sports Facility, Outdoor” in the Commercial Industrial zoning district. The intention of this
amendment is to allow gyms and exercise facilities to utilize buildings with a more warehouse or
industrial character.
The Planning & Zoning Commission considered this item at their August 17, 2017 meeting and
voted of 5-0 to recommend approval. Staff also recommends approval.
At approximately 10:39 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 10:39 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017-
3931, amending Appendix A, “Unified Development Ordinance”, Section 6.3, “Types of Uses” of
the Code of Ordinances of the City of College Station, Texas to permit the use of health clubs in
the Commercial Industrial zoning district. The motion carried unanimously.
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.
No future items to discuss.
7. Adjournment.
RM091117 Minutes Page 8
There being no further business, Mayor Mooney adjourned the Regular Meeting of the City
Council at 10:40 p.m. on Monday, September 11, 2017.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya McNutt, City Secretary
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0463 Name:Article III, RVP Bylaws
Status:Type:Report Consent Agenda
File created:In control:8/16/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding approval of modifications to Article III of the
Bylaws of the Research Valley Partnership, Inc. (RVP).
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of modifications to Article III of the
Bylaws of the Research Valley Partnership, Inc. (RVP).
Relationship to Strategic Goals:
·Good Governance
·Diverse Growing Economy
Recommendation(s): The Research Valley Partnership recommends approval of the bylaw changes
to Article III.
Summary: The RVP established a subcommittee to modify the current bylaws to more closely reflect
the funding levels for the corporation. Directors may be appointed to the Board by those
organizations, governments, educational institutions or business entities wishing to participate in the
mission of the Corporation and which fit into one of three categories. There is also a provision that
allows Texas A&M University to join the RVP as a full funding partner. Currently, full funding partners
including the cities of Bryan, College Station and Brazos County invest approximately $350,000 each
per year.
The RVP voted to amend its bylaws on June 21, 2017. According to the bylaws, the City of College
Station, City of Bryan, and Brazos County (and any other Oversight Entity) must approve any
changes to Article III of the bylaws (concerning the appointment and qualifications of directors) in
order for the changes to that Article to be effective.
RVP Managing Director Sylvia McMullen presented the bylaw changes at the August 10, 2017 City
Council meeting. The Council requested that Mrs. McMullen clarify language pertaining to Category I
constituents. This category includes the major funding partners - City of College Station, City of
Bryan, Brazos County and the Texas A&M University System. It requires a minimum contribution of
$350,000 annually to fund the RVP. The RVP will consider revised language at their Board meeting
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0463,Version:2
on September 20, 2017. Revised bylaws will be available at the City Council Meeting on Monday,
September 25, 2017.
Budget & Financial Summary: College Station's annual contribution of $350,000 will remain the
same for 2017-2018 budget year. The current funding level of $350,000 will be required annually for
all Category I Constituents. These Constituents include the cities of Bryan, College Station and
Brazos County as well as Texas A&M University should they choose to become a full funding partner.
Failure of a Category I Constituent to contribute at the $350,000 level presently shall result in the loss
of the right to appoint Board members to the Corporation's board.
Attachments:
Revised Article III will be available at the Meeting
College Station, TX Printed on 9/21/2017Page 2 of 2
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0511 Name:FY18 Exemptions
Status:Type:Presentation Consent Agenda
File created:In control:8/30/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action and discussion to authorize expenditure of funds for FY 2018 for items
exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter
252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater
than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on
the exemption list.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:2018 Exemptions List
Action ByDate Action ResultVer.
Presentation,possible action and discussion to authorize expenditure of funds for FY 2018 for items
exempt from competitive bidding as described more fully in Texas Local Government Code,Chapter
252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater
than $100,000;and to authorize the City Manager to approve contracts and expenditures that are on the
exemption list.
Relationship to Strategic Goals:Goal I.1. Spending taxpayer money efficiently
Recommendation(s):Staff recommends approval of the purchase requests as listed on the attached
spreadsheet,and the authorization for the City Manager to approve contracts and expenditures that are
on the exemption list.
Summary:Every fiscal year there are a number of expenditures incorporated in the approved budget
that are not subject to competitive bidding or proposals.These expenditures are for sole source
purchases;expenditures for personal,professional or planning services;captive replacement parts for
equipment,and other exemptions more fully described in LGC 252.022 and other expenditures for
interlocal contracts or fees mandated by state law.The intent of this item is for Council to authorize the
expenditure(s)which will provide the ability to conduct daily affairs of the City which involve numerous
decisions of a routine nature.
Budget &Financial Summary:Funds are either available or budgeted for each of the listed purchase
requests in the fiscal year 2017-2018 budget in various funds of the City,or if necessary,will be made
available by proposing an appropriate budget amendment or contingency transfer.
Attachments:
1.List of FY18 Annual Exemptions
College Station, TX Printed on 9/21/2017Page 1 of 1
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2018 Annual Exemptions
FY 2017 FY 2018
Approved Request
Blinn College
Total estimated annual expenditure for Police Recruit Training. ($4,725.00 per recruit)N/A $142,000.00
Tyler Technologies (MUNIS Product Maintenance and Services)
MUNIS is the City's Enterprise Resouce Planning (ERP) system. The increase in price for FY18 is due to
new modules puchased that were not covered under the previous years' maintenance agreement
amount. The contract also allows for an annual increase in maintenance fees.$206,444.00 $238,404.00
TriTech (Inform Product Maintenance)
Annual maintenance fees for the Computer Aided Dispatch and automated Records Management System
(CAD/RMS) used by Police and Fire Dispatch.N/A $221,000.00
City of Bryan (utilities for wells and pump station)$1,000,000.00 $1,000,000.00
Frontier (Local/Long Distance Phone Service)
During FY17, local phone services was provided by Verizon at $115,095.00 annually and Frontier
provided long distance service at $27,031.00 annually for a total of $142,126.00. For FY18, both local
and long distance services are being provided by Frontier at an annual estimated cost of $140,000.00.$115,095.00 $140,000.00
Entergy (Well 8 electrical power)$150,000.00 $150,000.00
ILA with BVSWMA
This expense is for landfill disposal fees.$1,650,000.00 $1,650,000.00
ILA with Brazos County Appraisal District
This is the City’s portion of the funding of the Brazos Central Appraisal District. FY18's Increase is related
to health insurance, salaries, equipment replacement and anticipated additional legal expenses. $288,661.00 $341,427.00
ILA with City of Bryan (library services)
Interlocal agreement with the City of Bryan for the management of the Larry J. Ringer Library. The library
is owned by the COCS but is managed (O&M) by the City of Bryan. Includes ~3% increase related to
employee salaries and benefits.$1,185,030.00 $1,207,772.00
ILA with National Intergovernmental Purchasing Alliance (NIPA) for Office Depot (office supplies and
equipment)
All products and services available through NIPA cooperative contracts have been competitively solicited
and publicly awarded utilizing industry best practices, processes and procedures. Office Depot has a local
store and two‐day delivery for orders placed online. NIPA's contract pricing was compared with pricing
of two other office supply vendors and it was determined that utilizing the Office Depot contract offers
the overall best value to the City.$130,000.00 $120,000.00
Brazos County Health Department
This expense is for the City’s portion of the funding of the Brazos County Health Department. The increase
for FY18 is related to operational expenses and personnel.$326,500.00 $359,150.00
Preferred Access Funding Agreement with BV Convention and Visitors Bureau
In FY13, the COCS entered into an agreement with the B/CS CVB and TAMU. As part of the effort to pay
for the renovation of Kyle Field, TAMU, the COCS, the B/CS CVB and Brazos County worked to secure local
funding through the Hotel Occupancy Tax for the project. A 0.75% Countywide Hotel Occupancy Tax was
approved by the State Legislature and was signed by the Governor for the project. Also, a portion of the
current COCS HOT tax from visitors who stay at CS hotels is being utilized through a Facilities Access
Agreement that provides access to certain facilities at TAMU at preferred rates for events that will bring
more visitors and tourists to the community. This exemption item is for the annual payment that is made
as a result of this agreement. It has not been on the prior years’ exemption lists but is being added this
year to aid in ease of administration.N/A $700,000.00
TCEQ (inspections/assessments, permitting fees ‐ W/WW)
Oversees all permitting, planning and monitoring of the state's water resources. These are mandated
fees and the amounts requested each fiscal year are best estimates.$160,000.00 $175,000.00
BV Groundwater Conservation District ‐ Assessment fees
These are mandated fees that are based on the amount of groundwater the City pumps. There is no rate
increase; however, more pumping is anticipated due to increased poplulation. $200,000.00 $210,000.00
Expenditures for mandated state fees
LGC 252.022 (a)(7)(D) ‐ Captive replacement parts or components for equipment; computer software/hardware maintenance; equipment
lease/maintenance
LGC 252.022(a)(7)(c) ‐ Gas, water and other utility services
Expenditures pursuant to established interlocal agreements (ILA's) with various agencies
LGC 252.022 (a)(7) ‐ A procurement of items that are available from only one source
O:\Purchasing\BIDFILE\Annual Exemptions\FY 2018\2018 Exemptions List
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0516 Name:Type D HMAC Installation Renewal
Status:Type:Renewal Consent Agenda
File created:In control:8/31/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding the renewal of an annual contract 15300345
with Brazos Paving, Inc. for the purchase and installation of Type D Hot Mix Asphalt and Emulsion for
an amount not to exceed $3,013,550.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Tabulation
Bid 15-066 Signed Annual Install of Type D Hot Mix
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the renewal of an annual contract 15300345
with Brazos Paving,Inc.for the purchase and installation of Type D Hot Mix Asphalt and Emulsion for
an amount not to exceed $3,013,550.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the second renewal of contract 15300345 to
Brazos Paving, Inc.
Summary:Four (4)sealed competitive bids were received and opened on August 4,2015 in
response to Bid 15-066.Brazos Paving,Inc.was the lowest responsible bidder.Brazos Paving,Inc.
bid 35,000 tons of Type D Hot Mix Asphalt installed at $84.30/ton and Emulsion installed for
$3.80/gallon.The vendor requested a price increase for the first renewal in 2016 of 1.36%from
$84.30/ton to $85.45/ton for Type D Hot Mix Asphalt installed.A price increase was not requested for
renewal 2.Pricing will remain the same from renewal 1.The total contract award for Type D Hot Mix
Asphalt is $2,990,750.00 and the Emulsion is $22,800.00 for a total not to exceed amount of
$3,013,550.00 for materials to be installed on City streets as needed.This is the second of two (2)
possible one (1) year renewals.
Budget & Financial Summary: Funds are budgeted and available in the Street Maintenance Fund.
Attachments:
1.Copy of Tabulation #15-066
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0516,Version:1
2.Signed renewal letter
College Station, TX Printed on 9/21/2017Page 2 of 2
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City of College Station - Purchasing Division
Bid Tabulation for #15-066
"Annual Installation of Type D Hot Mix and Emulsion"
Open Date: Monday, August 10, 2105 @ 2:00 p.m.
Item
Estimated
Annual
Quantity
Unit of
Measure Description Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 35,000 Ton
Asphalt Concrete, Hot Mix, Type D,
Installed, 1 1/2 inch thick (including
tack coat) in accordance with Section
32 12 16 of the "Bryan/College Station
Unified Design Specifications"
$84.30 $2,950,500.00 $88.65 $3,102,750.00 $110.00 $3,850,000.00 $136.75 $4,786,250.00
2 6,000 Gallon Emulsion, (MC-30) Installed $3.80 $22,800.00 $3.75 $22,500.00 $5.50 $33,000.00 $6.00 $36,000.00
Item
Estimated
Annual
Quantity
Unit of
Measure Description
3 As Needed Sq Yard
When Required by City, mill and
excavate the depleted asphalt up to 2
inches in depth. Contractor will retain
asphalt millings.
4 As Needed Sq Yard
When Required by City, mill and
excavate the depleted asphalt up to 2
inches in depth. Contractor will
deliver the asphalt millings to the
City's stockpile area at 2613 Texas
Ave.
5 As Needed Ton
Repair any base failure that occurs
before or during paving operation.
Unit price should include labor and
materials.
6 As Needed Ton Delivery of HMAC to site for
installation by City Crews.
Bid Certification
Bid Bond
Addendums Acknowledged Y
Knife River South
$4,822,250.00
Unit Price
$20.00
$19.25
$275.00
$100.00
Y
Y
Y
$11.50
$150.00
$99.00
Y
Y
Texcon General Contractors
$3,883,000.00
Unit Price
$6.00
Y
Brazos Paving, Inc.
$2,973,300.00
Larry Young Paving
$3,125,250.00
Unit Price
$0.95
$2.00
$125.00
$12.00
Y
Y
Y
$53.50
Unit Price
$1.80
$2.25
$6.80
Grand Total
AS NEEDED SERVICES
Y
Y
PO Box 9960
1101 Texas Avenue
College Station, TX 77842
www.cstx.gov
August 9, 2017 ATTN: Martin Jackson Brazos Paving, Inc. P.O. Box 714 Bryan, TX 77806 RE: Renewal 2 – Bid 15-066, Contract 15300345 Annual Purchase and Installation of Type “D” Hot Mix and Emulsion Dear Mr. Jackson, The City of College Station appreciates the services provided by Brazos Paving, Inc. this past year. We would like to exercise our option to renew the above referenced contract for the term of September 21, 2017 through September 20, 2018. If this meets with your company’s approval, please complete the following renewal agreement and return it no later than Friday, August 18, 2017 via e-mail to hpavelka@cstx.gov. Please follow up by mailing an original signed copies to my attention at the following address: City of College Station Purchasing Division PO Box 9960 College Station, TX 77842 Sincerely, Heather Pavelka Buyer Attachment
-----------------------------------------------------
RENEW AL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew Renewal 2 -Bid 15-066, Contract
15300345, Annual Purchase and Installation of Type "D" Hot Mix and Emulsion, in accordance
with all terms and conditions previously agreed to and accepted, for an amount not to exceed
Three Million Thirteen Thousand Five Hundred Fifty and No/100 Dollars ($3,013,550.00). Line
item pricing is attached on the following page.
I understand this renewal term will be for the period beginning September 21, 2017 through
September 20, 2018. This is the second of two possible renewals.
BRAZOS PAVING, INC
~ --·
Printed Name: /11A;i7M; 25:4Ck~
Title: ~/c:/JV~J'
Date: ~pc;:ir// 7
CITY OF COLLEGE STATION
By: ______________ _
City Manager
Date:
APPROVED:
City Attorney
Date: ------
Assistant City Manager/CFO
Date:
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0517 Name:Annual Janitorial Services Renewal
Status:Type:Renewal Consent Agenda
File created:In control:8/31/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding the first renewal of contract 15300353 with
Andrews Building Service, Inc. for annual janitorial services for city facilities and the Northgate District
in the amount of $256,078.42.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Contract 15300353 Signed Janitorial Services
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the first renewal of contract 15300353 with
Andrews Building Service,Inc.for annual janitorial services for city facilities and the Northgate District
in the amount of $256,078.42.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the first renewal of this contract.
Summary: In August of 2015, RFP 15-048 received nine (9) sealed proposals. These were evaluated
by staff and Andrews Building Service, Inc. was deemed to be able to provide the best value for the
City. Contract 15300353 was originally awarded by Council on September 21, 2015 as a two year
term with three possible one year renewals. One change order has been made to the original
agreement to increase the services provided at Northgate for special events, and the addition of the
lease space at 511 University Dr. This is the first annual renewal, and the vendor is not requesting a
service price increase.
This contract provides for daily cleaning tasks for general building and office cleaning; restroom,
locker rooms, showers and jail areas; and break rooms and lounges. Weekly, monthly, quarterly and
semi-annual cleaning tasks are also included for deep cleaning carpets and sanitizing tile floors. In
addition, this contract will provide service to the Northgate District, pedestrian mall and surface
parking lot for daily trash pickup, bag and disposal. Services in this area include the washing of
receptacles, tree wells, and benches. The cleaning of the Northgate Public Restroom Facilities will
also occur for daily activities and special events.
Budget & Financial Summary: Funds are budgeted and available in the Facilities Maintenance and
Northgate Fund operating budget.
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File #:17-0517,Version:1
Attachments:
1. Contract on file in the City Secretary's Office
2. Renewal Letter
College Station, TX Printed on 9/21/2017Page 2 of 2
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PO Box 9960
1101 Texas Avenue
College Station, TX 77842
www.cstx.gov
August 14, 2017 ATTN: Peter Kim Andrews Building Service, Inc. 11503 Reeder Road Dallas, TX 75229 RE: Renewal 1 – RFP 15-048, Contract 15300353 Annual Janitorial Services for City Facilities and Northgate District Dear Mr. Kim, The City of College Station appreciates the services provided by Andrew’s Building Service, Inc. this past contract term. We would like to exercise our option to renew the above referenced contract for the term of October 1, 2017 through September 30, 2018. If this meets with your company’s approval, please complete the following renewal agreement and return it no later than Friday, August 25, 2017 via e-mail to hpavelka@cstx.gov. Please follow up by mailing three (3) original signed copies to my attention at the following address: City of College Station Purchasing Division PO Box 9960 College Station, TX 77842 Sincerely, Heather Pavelka Buyer Attachment
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew RFP 15-048, Contract 15300353, Annual
Janitorial Services for City Facilities and Northgate District, in accordance with all terms and
conditions previously agreed to and accepted, for an amount not to exceed Two Hundred Fifty Six
Thousand Seventy Eight and 421100 Dollars ($256,078.42).
Pricing for each location is specified on the following page.
I understand this renewal term will be for the period beginning October 1, 2017 through September
30, 2018. This is the first of three possible renewals.
ANDREWS BUILDING SERVICE, INC. CITY OF COLLEGE STATION
By: ____________ _
City Manager
Date: -------
APPROVED:
City Attorney
Date: ------
Assistant City Manager/CFO
Date: ------
RFP 15-048
Contract 15300353, Renewal 1
Annual Janitorial Services for City Facilities and Northgate District
Location Renewal 1
(1 year term)
City Hall $27,950.00
Facilities and Human Resources $8,570.00
Central Park Office $4,940.00
Public Works $8,527.50
College Station Utilities $18,660.00
Meeting and Training Facility $7,324.00
Utility Customer Service and IT $15,251.00
Municipal Court Building $23,958.00
Arts Council $4,539.00
Utility Dispatch $1,987.50
Police Department and Jail $26,865.00
Community Center $5,666.00
Carter Creek Waste Water $8,134.00
Carter Creek Waste Water Lab $2,402.50
Lick Creek Waste Water $757.52
Dowling Water Production $1,440.00
Lincoln Center $16,217.50
Northgate $65,346.40
Lease Space at 511 University Dr. $7,542.50
ANNUAL TOTAL 256,078.42
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0518 Name:Royder Road Widening Phase I / CSISD ILA
Status:Type:Agreement Consent Agenda
File created:In control:8/31/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on an Interlocal Agreement between City of College
Station and College Station Independent School District for the cost participation by College Station
Independent School District in the City’s Royder Road Widening Phase I Project.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Royder Road Phase I Project Map
CSISD ILA Wellborn Middle School-9-1-17
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on an Interlocal Agreement between City of College
Station and College Station Independent School District for the cost participation by College Station
Independent School District in the City’s Royder Road Widening Phase I Project.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Improving Mobility
Recommendation(s): Staff recommends approval of the agreement.
Summary: The project includes changing the existing 2-lane asphalt roadway section into a 3-lane
concrete roadway from the city limit through the Backwater intersection. Due to the traffic impact of
the proposed Wellborn Middle School, the need for a traffic signal at Greens Prairie Trail & Royder, a
right-turn deceleration lane into the school, and the associated utility relocations were added to the
City’s roadway project. CSISD will be cost participating in the City’s project for the cost of these
improvements.
Budget & Financial Summary: A total project budget of $4,930,000 is included for this project in the
Streets Capital Improvement Projects Fund. CSISD will be reimbursing the City for actual costs of the
deceleration lane, traffic signal improvements, and necessary utility relocations up to $450,000.
Attachments:
1.Agreement
2.Project Map
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File #:17-0518,Version:1
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Royder Road Phase 1
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0519 Name:Left-Turn Prohibition for Northbound Brothers
Status:Type:Ordinance Consent Agenda
File created:In control:8/31/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on consideration of an ordinance amending Chapter 38,
“Traffic and Vehicles,” Section 38-1008 “Traffic Schedule VIII, no right turn and no left turn” of the
Code of Ordinances of the City of College Station to prohibit Left-Turns for vehicles traveling
northbound on Brothers Boulevard into the Southwood Valley Parent Pick-up and Drop-off Driveway
815 feet North of Deacon Drive.
Sponsors:Troy Rother
Indexes:
Code sections:
Attachments:Ordinance - No Left turn Southwood Valley Elementary
Exhibit A - No Left-Turn Southwood Valley Elementary
Action ByDate Action ResultVer.
Presentation,possible action,and discussion on consideration of an ordinance amending Chapter 38,
“Traffic and Vehicles,”Section 38-1008 “Traffic Schedule VIII,no right turn and no left turn”of the
Code of Ordinances of the City of College Station to prohibit Left-Turns for vehicles traveling
northbound on Brothers Boulevard into the Southwood Valley Parent Pick-up and Drop-off Driveway
815 feet North of Deacon Drive.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Improving Mobility
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary:This ordinance removes Left-Turns for vehicles traveling northbound on Brothers
Boulevard into the Southwood Valley Elementary School new location parent pick-up and drop-off
driveway 815 feet North of Deacon Drive on school days from 7:00 am until 9:00 am (morning drop-
off) and on school days from 2:30 pm until 4:30 pm (afternoon pick-up).
On November 2015 City Council,with the support of CSISD,public and City Staff;passed an
Ordinance to restrict Left-Turns to Southwood Valley Elementary school driveway during school drop-
off and pick-up hours located 450 feet North of Deacon Drive.Traffic queue for left-turning vehicles
into the parent pick-up and drop-off extended into the intersection of Brothers Boulevard and Deacon
Drive,making it difficult to see children using the crosswalk,by restricting the ability to turn left into
the student pick-up and drop-off location, this concern was addressed.
On August 23,2017,the administrative staff at Southwood Valley Elementary School informed the
City of College Station of their decision to change the student pick-up and drop-off location.The
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0519,Version:1
City of College Station of their decision to change the student pick-up and drop-off location.The
location for the students’drop-off and pick-up driveway is being moved from 450 feet to 815 feet
North of Deacon Drive, due to an increase in attendance and safety concerns.
In order to continue addressing safety concerns initially evaluated,Traffic Management Team
recommends approving this ordinance.
Budget & Financial Summary: Relocation of “No Left-turn” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1.Ordinance
2.Location map
College Station, TX Printed on 9/21/2017Page 2 of 2
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Ordinance Form 8-14-17
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE
VI, “TRAFFIC SCHEDULES,” SECTION 38-1008 “TRAFFIC SCHEDULE VIII, NO
RIGHT TURN AND NO LEFT TURN”, BY ADDING THE INTERSECTION OF
BROTHERS BOULEVARD AT SOUTHWOOD VALLEY ELEMENTARY SCHOOL
PARENT PICK UP AND DROP OFF DRIVEWAY LOCATED 815 FEET NORTH OF
DEACON DRIVE, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW;
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section
38-1008 “Traffic Schedule VIII, no right turn and no left turn” of the Code of
Ordinances of the City of College Station, Texas, be amended as set out in Exhibit
“A” attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity 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) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. _________ Page 2 of 3
Ordinance Form 8-14-17
PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. _________ Page 3 of 3
Ordinance Form 8-14-17
Exhibit A
That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1008 “Traffic
Schedule VIII, no right turn and no left turn” is hereby amended by adding the following and is to
read as follows:
No Left-Turns on school days from 7:00 am until 9:00 am from northbound Brothers Boulevard
into the Southwood Valley Elementary School parent pick-up and drop-off driveway located 815
feet north of Deacon Drive.
No Left-Turns on school days from 2:30 am until 4:30 am from northbound Brothers Boulevard
into the Southwood Valley Elementary School parent pick-up and drop-off driveway located 815
feet north of Deacon Drive.
BROTHERS BOULEVARDDEACO N DRIVES
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Proposed time of day Left-Turn Prohibition for Northbound Brothers Boulevard into new locationof Southwood Valley Elementary School Parent Driveway
Proposed No Left-Turn:On school days from 7:00AM to 9:00AMOn school days from 2:30PM to 4:30PM
Previous location
New location
So uth wood Valley Elementary Schoo l
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0520 Name:Brazos County ILA Arrington Road
Status:Type:Agreement Consent Agenda
File created:In control:8/31/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on an interlocal agreement between the City of College
Station and Brazos County regarding Arrington Road.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Arrington Road ILA Final
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on an interlocal agreement between the City of College
Station and Brazos County regarding Arrington Road.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Improving Mobility
Recommendation(s): Staff recommends approval of the agreement.
Summary: This agreement allows the City of College Station to consent to allow Brazos County to
expend county funds within the city limits to finance the improvements to Arrington Road (the
Project), and to exercise its power of eminent domain to condemn and acquire right-of-way for the
project. Brazos County will provide property acquisition, grading, drainage, flexible base/asphalt
pavement, pavement markings, permanent vegetation, and appropriate signage and maintenance.
Budget & Financial Summary: N/A
Attachments:
1. Interlocal Agreement
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Arrington_Draft ILA Final 09 11 17 1
INTERLOCAL AGREEMENT BETWEEN CITY OF COLLEGE STATION AND
BRAZOS COUNTY
THIS INTERLOCAL AGREEMENT (“Agreement”) is hereby made and entered into by and
between the CITY OF COLLEGE STATION, TEXAS, a Texas Home Rule Municipal Corporation
(hereinafter "College Station"), and BRAZOS COUNTY, TEXAS (hereinafter “County”), a
political subdivision of the State of Texas, each acting by and through its duly authorized agents
(referred to collectively as the "Parties").
WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation
Act, authorizes all local governments to contract with each other to provide a governmental function
or service that each party to the contract is authorized to perform individually and in which the
contracting parties are mutually interested; and
WHERAS, on February 16, 2017 and June 13, 2017, Brazos County officials met with City of
College Station officials and other interested parties to further discuss preliminary plans related to
Arrington Road roadway improvements; and
WHEREAS, the Brazos County Commissioners Court will need to acquire additional right-of-way,
design and construct improvements within the City Limits of College Station for proposed
Arrington Road improvements for a length of approximately 7750’ and variable width as shown in
Exhibits A-1 and A-2 (the “Project”); and
WHEREAS, TEXAS TRANSPORTATION CODE, Section 251.012, requires the consent of the
City Council of the City of College Station, Texas, in order for the Brazos County Commissioners
Court to expend county funds to finance the Project; and
WHEREAS, in the event the County determines to acquire additional right-of-way for the Project
through condemnation, TEXAS TRANSPORTATION CODE, Section 251.101, requires the
consent of the City Council of the City of College Station, Texas, in order for the Brazos County
Commissioners Court to proceed to condemnation;
NOW, THEREFORE IN CONSIDERATION of the recitals and mutual covenants made herein by
the parties hereby mutually agree as follows:
ARTICLE I
CITY CONSENT
1.1 College Station consents to allow County to expend county funds to finance the Project.
1.2 College Station consents to County exercising its power of eminent domain to condemn
and acquire right-of-way for the Project.
ARTICLE II
RESPONSIBILITIES OF PARTIES
Arrington_Draft ILA Final 09 11 17 2
2.1 County will provide the following as part of the Project: property acquisition, grading,
drainage, flexible base/asphalt pavement, pavement markings, permanent vegetation, appropriate
signage and maintenance.
2.2 College Station agrees to timely cooperate with the County and any contractors in all
matters related to the Project.
ARTICLE III
MISCELLANEOUS TERMS
3.1 Interlocal Cooperation Act. The Parties expressly acknowledge that each Party to this
Agreement is a local government as that term is defined in the Interlocal Cooperation Act. Nothing
in this Agreement will be construed as a waiver or relinquishment by either Party of its right to
claim such exemptions, privileges, and immunities as may be provided by the Constitution and the
Laws of the State of Texas.
3.2 Amendment. The terms and conditions of this Agreement may be amended upon mutual
consent of all Parties. Mutual consent will be demonstrated by approval of each governing body of
each Party hereto. No amendment to this Agreement shall be effective and binding unless and until
it is reduced to writing, duly approved and signed by the authorized representatives of both Parties.
3.3 Termination. This Agreement may be terminated for cause upon sixty (60) days
advance written notice by either Party after providing written notice and giving the other Party an
opportunity to cure any alleged breach.
3.4 Public Information Coordination. Public disclosure of information and related
activities conducted under this Agreement may be required pursuant to the Freedom of Information
Act and the Texas Public Information Act.
3.5 Hold Harmless. To the extent permitted by the Constitution and the laws of the
State of Texas and subject to the limitations as to liability and damages in the Texas Tort
Claims Act and without waiving its governmental immunity, each party agrees to hold
harmless each other, its governing board, officers, agents and employees for any liability, loss,
damages, claims or causes of action caused or asserted to have been caused directly or
indirectly by any other party to this Agreement or any of its officers, agents or employees, or
as the result of its performance under this Agreement.
3.6 Invalidity. If any provision of this Agreement shall be held invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The
Parties shall use their best efforts to replace the respective provision or provisions of the Agreement
with legal terms and conditions approximating the original intent of the Parties.
3.7 Notice. Any official notices by one Party to another must be in writing and be personally
delivered or sent by registered or certified United States Mail, properly addressed to the respective
Parties as stated below. Any other day to day communication by the Parties’ staff may be by any
Arrington_Draft ILA Final 09 11 17 3
other means of sufficient communication.
City of College Station Brazos County
P.O. Box 9960 200 S. Texas Ave. Suite 332
College Station, Texas 77842 Bryan, Texas 77803
Attn: City Manager Attn: County Judge
3.8 Entire Agreement. This Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements, or understandings between the Parties
relating to the subject matter of this Agreement. No oral understandings, statements, promises, or
inducements contrary to the terms of this agreement exist. This Agreement cannot be changed or
terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any
Party before or after the execution of this Agreement shall affect or modify any of the terms or
obligations hereunder.
3.9 Texas Law. This Agreement has been made under and shall be governed by the laws of
the State of Texas.
3.10 Venue. Performance and all matters related thereto shall be in Brazos County, Texas,
United States of America.
3.11 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
governmental bodies.
3.12 Waiver. Failure of any Party, at any time, to enforce the provision of this Agreement,
shall in no way constitute a waiver of that provision, nor in any way affect the validity of this
agreement, any part hereof, or the right of either Party thereafter to enforce each and every provision
hereof. No term of this Agreement shall be deemed waived or 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.
3.13 Multiple Originals. It is understood and agreed that this Agreement may be executed in
a number of identical counterparts, each of which shall be deemed an original for all purposes.
NOW THEREFORE, this Agreement is made and entered into by and between the City of College
Station and Brazos County. This Agreement shall be effective when signed by the last party signing
which makes the Agreement fully executed.
CITY OF COLLEGE STATION BRAZOS COUNTY
Arrington_Draft ILA Final 09 11 17 4
By: By:
Karl Mooney, Mayor Duane Peters, County Judge
Date: Date:
ATTEST: ATTEST:
________________________________
City Secretary Karen McQueen, County Clerk
Date: Date:
APPROVED AS TO FORM APPROVED AS TO FORM
City Attorney Bruce Erratt, Civil Counsel
Date: Date:
APPROVED
City Manager
Date:
________________________________
Chief Financial Officer
Date: ________________________
OGC CNO JV LLCR14944368.57 acres
WINDHAM JERRY P & PATRICIAR15773300 acres
BEWLEY JOE RAYR1599272.615 acres
BEWLEY MICHAEL ROSSR37397868.625 acres
BRAZOS VALLEY TDC LLCR1598449.455 acres
WINDHAM JERRY P & PATRICIAR1577420 acres
TATGE JOYCE ANNR159889.82 acres
AMSTAD DEVELOPMENT LLCR34764212 acres
ARRINGTON EVELYN SMITHR1598610 acres
PITMAN ENTERPRISES LLCR159909.82 acres
HUNEYCUTT CHARLES ER147757.5 acres
SAUNDERS JAMES R & DORISR1477410 acres
PARKERSON JOSHUA & TIFFANYR159899.82 acres
MATTHEWS ASHTON TODD & SALLY MR159919.82 acres
RICHARDS SUZY JEANELLR777914.55 acres
SCOTT KEVIN WAYNE SR & ANNA VERZINSKIR3678317.24 acres
MGS SERVICES INCR3507482.768 acres
BRAZOS TEXAS LAND DEVELOPMENT LLCR3622775.012 acres
MARTZ GLENN C & BRENDA LR932012.5 acres
BEWLEY MICHAEL & KATHY GREGORYR922302 acres
BEWLEY MICHAEL & KATHY GREGORYR778301.99 acres
WELLBORN SPECIAL UTILITY DISTRICT OF BRAZOS COUNTYR3679501.176 acres
ARRINGTON RDS
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SANDPIPER CVEAGLE PASS DRBARNSTABLE HARBORT U C K E R N U C KCRICKET PASSSEAMIST LNPAWNEE CROSSING
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Date: 8/17/2017Notes: For referential use only.
PREPARED BY THE BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT 2017 SERIES
µ1:7,200
Exhibit A-1Arrington Road Complete Reconstruction Area
1 inch = 600 feet
Legend
ARRINGTON WORK AREA
Brazos County Cities
City Limits
Bryan
College Station
Kurten
Navasota
Wixon Valley
””
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0526 Name:Resolution for Rifle Resistant Body Armor Grant
Status:Type:Resolution Consent Agenda
File created:In control:9/6/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on a resolution authorizing the City Manager or his
designee as authorized officials to execute documents necessary for the submission of a grant
application for Criminal Justice Division funds from the Officer of the Governor.
Sponsors:Brandy Norris
Indexes:
Code sections:
Attachments:Resolution
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a resolution authorizing the City Manager or his
designee as authorized officials to execute documents necessary for the submission of a grant
application for Criminal Justice Division funds from the Officer of the Governor.
Relationship to Strategic Goals:
·Financially Sustainable City
Recommendation(s): Staff recommends Council 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.
The CJD will provide 100% funding for the purchase of rifle resistant body armor. The body armor
grant is a legislative initiative. Two units in our department, the Community Enhancement Unit and
the Hostage Negotation Team, currently do not have rifle resistant body armor.
There is no local match requirement for CJD, but grant funding will only br provided for the initial
equipment purchase. Due to this, any other associated costs such as maintenance, repair, or
replacement will be the responsibility of the grantee agency.
Budget & Financial Summary: The purchase of the body armor will cost approximately $24,732.00.
Attachments:
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File #:17-0526,Version:1
1. Resolution
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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 RIFLE RESISTANT BODY
ARMOR GRANT 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 City Council of College Station has expressed commitment to providing for the
health and safety of its citizens; and
WHEREAS, the City of College Station Police Department is dedicated to seeking efficient and
effective means to protect its officers; 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
Police Department’s Operational Plan; and
WHEREAS, eligible activities under CJD can be expected to enhance the City’s existing policing
services, and alleviate health and safety concerns; and
WHEREAS, the City Council acknowledges that the Rifle Resistant Body Armor grant requires
the City to pay any maintenance costs beyond the initial purchase of equipment; now, therefore,
BE IT RESOLVED by the City Council of the City of College Station hereby approves the
submission of the Rifle Resistant Body Armor 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 Rifle
Resistant Body Armor Grant application, with Application Number 3503801, 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 Rifle Resistant Body Armor Grant
on behalf of the City of College Station.
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.
RESOLUTION NO. ________ Page 2 of 2
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:117-0528 Name:Boyett Loading Zong Time Change
Status:Type:Ordinance Consent Agenda
File created:In control:9/6/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on an ordinance amending Chapter 38, "Traffic and
Vehicles," Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, No Parking Here to
Corner and No Parking at Anytime," at the West side of Boyett Street beginning 60 feet north of the
intersection with University Drive and ending 130 feet north of University Drive, of the Code of
Ordinances of the City of College, Station, Texas, providing a severability clause; declaring a penalty;
and providing an effective date.
Sponsors:Debbie Eller
Indexes:
Code sections:
Attachments:Ordinance Amendment - Division 2, Sec. 38-1014
Action ByDate Action ResultVer.
Presentation,possible action,and discussion on an ordinance amending Chapter 38,"Traffic and
Vehicles,"Article VI "Traffic Schedules,"Section 38-1014 "Traffic Schedule XIV,No Parking Here to
Corner and No Parking at Anytime,"at the West side of Boyett Street beginning 60 feet north of the
intersection with University Drive and ending 130 feet north of University Drive,of the Code of
Ordinances of the City of College,Station,Texas,providing a severability clause;declaring a
penalty; and providing an effective date.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: Staff received a request from merchants in Northgate to eliminate the loading zone
requirement in this area from 7:00 A.M. to 11:00 A.M. Staff monitored this loading zone and
determined that it is not utilized during the hours of 7:00 A.M. to 11:00 A.M. but is utilized by vendors
for deliveries during the hours of 2:00 P.M. - 5:00 P.M. The ordinance amendment would allow for
these spaces to be included as 2-hour free parking to allow for patrons to frequent merchants in the
area, with the exception of a restricted loading zone during the hours of 2:00 P.M. - 5:00 P.M.
This ordinance amendments is supported by the Northgate District Association Board members.
Budget & Financial Summary: N/A
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0528,Version:1
Attachments: Ordinance Amendment 38-1014
College Station, TX Printed on 9/21/2017Page 2 of 2
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Ordinance Form 8-14-17
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE
VI “TRAFFIC SCHEDULES,” SECTION 38-1014 “TRAFFIC SCHEDULE XIV, NO
PARKING HERE TO CORNER AND NO PARKING AT ANY TIME,” AT WEST SIDE
OF BOYETT STREET BEGINNING 60 FEET NORTH OF THE INTERSECTION WITH
UNIVERSITY DRIVE AND ENDING 130 FEET NORTH OF UNIVERSITY DRIVE OF
THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, 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 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section
38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any
Time,” of the Code of Ordinances of the City of College Station, Texas, be amended
as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all
purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance upon a finding of liability
thereof shall be deemed liable for a civil offense and punished with a civil penalty
of not less than one dollar ($1.00) and not more than two thousand dollars
($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished
by a fine of not less than twenty five dollars ($25.00) and not more than five
hundred dollars ($500.00). Each day such violation shall continue or be permitted
to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. _______ Page 2 of 3
Ordinance Form 8-14-17
PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. _______ Page 3 of 3
Ordinance Form 8-14-17
Exhibit A
That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules”, Section 38-1014 “Traffic
Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” Boyett Street beginning
60 feet north of the intersection with University Drive and ending 130 feet north of University
Drive is hereby amended and is to read as follows:
Travelling on: Boyett Street
Between: West side of Boyett Street beginning 60 feet north of the intersection with University
Drive and ending 130 feet north of University Drive
Only Commercial Motor Vehicles may stop and stand with an unattended vehicle for active
loading or unloading, on the west side of Boyett Street beginning 60 feet north of the intersection
with University Drive and ending 130 feet north of University Drive during the hours from 2:00
PM to 5:00 PM. All other vehicles are prohibited from Stopping, Standing, and Parking in this
area from 2:00 PM to 5:00 PM. Any other time all vehicles may park for free within the designated
parking stalls for a maximum of 2 hours.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0530 Name:Amendment to BVWACS ILA
Status:Type:Minutes Consent Agenda
File created:In control:9/7/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding approval an Amendment to the Brazos Valley
Wide Area Communications System (BVWACS) Interlocal Agreement adding Grimes County as a
BVWACS Party.
Sponsors:Erin Provazek
Indexes:
Code sections:
Attachments:City of College Station - BVWACS ILA Amendment - With 7 Signature Pages.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval an Amendment to the Brazos Valley
Wide Area Communications System (BVWACS) Interlocal Agreement adding Grimes County as a
BVWACS Party.
Relationship to Strategic Goals: (Select all that apply)
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval.
Summary: On August 22, 2013, Council approved the First Restatement of the ILA establishing the
BVWACS and the ILA appointing the Brazos Valley Council of Governments (BVCOG) to act as the
Managing Entity for the BVWACS. In accordance with the BVWACS ILA, Grimes County petitioned
the BVWACS Governing Board for membership as a BVWACS Party.
The BVWACS Governing Board approved the attached Amendment to the ILA, effective October 1,
2017.
Budget & Financial Summary: The City of College Station’s BVWACS operational and capital costs
will not increase as a result of the Amendment.
Attachments:
1.First Amendment to the First Restatement of the Interlocal Agreement for the Construction,
Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area
Communications System (BVWACS)
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0530,Version:2
College Station, TX Printed on 9/21/2017Page 2 of 2
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FIRST AMENDMENT TO THE FIRST RESTATEMENT OF THE
INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION,
IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE BRAZOS
VALLEY WIDE AREA COMMUNICATIONS SYSTEM (BVWACS)
STATE OF TEXAS §
COUNTIES OF BRAZOS, WASHINGTON, AND GRIMES §
This Amendment to the Interlocal Agreement for the Construction, Acquisition, Implementation,
Operation and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS) is
effective as of October 1, 2017.
Whereas, the Cities of Bryan, College Station and Brenham, and the Counties of Washington and
Brazos, and Texas A&M University entered into an interlocal agreement for the construction, acquisition,
implementation, operation and maintenance of the Brazos Valley Wide Area Communications System
(BVWACS); and
Whereas, Section 11 of the Agreement provides for the addition of new parties to the BVWACS
system; and
Whereas, Section 6 of the Agreement provides for the amendment of the Agreement; and
Whereas, Grimes County has petitioned the current BVWACS parties to become a full BVWACS
party; and
Whereas, Grimes County agrees to abide by all covenants, terms, and conditions outlined in the
Agreement; and
Whereas, the existing BVWACS parties wish to amend the Interlocal Agreement to add Grimes
County as a full BVWACS party; and
Whereas, the Brazos Valley Council of Governments has possession of two (2) six-channel 700
Megahertz GTR8000 Subsite racks provided to BVWACS and not currently in use; and
Whereas, Grimes County has secured funding to place at least one (1) six-channel 700 Megahertz
GTR8000 Subsite rack into service; and
Whereas, Grimes County intends to secure funding to place the second six-channel 700
Megahertz GTR8000 Subsite rack into service in the near future;
NOW, THEREFORE, the BVWACS parties and Grimes County hereby agree as follows:
1. Unless expressly written herein, the terms of this amendment shall follow the terms of the
Agreement and will continue until September 30, 2018, as defined in Section 2 of the Agreement.
2. The primary area to be served by this Amendment is Grimes County, Texas. The addition of the
two infrastructure sites in Grimes County will provide capacity and capability to support the
additional Grimes County subscriber units.
3. Grimes County will fund all costs associated with bringing the RF infrastructure into service.
This includes, but is not limited to, grant funding provided by the State of Texas or locally
budgeted funds.
4. Grimes County’s costs associated with being a BVWACS Party will be calculated every year,
based on the number of subscriber devices they have in service on the BVWACS System.
5. If Grimes County’s initial subscriber count is insufficient to cover the actual maintenance and
operation costs of their membership, Grimes County will be responsible for payment of a
sufficient number of subscriber units to offset those costs.
6. Once Grimes County’s actual number of subscriber units in-service is sufficient to cover the
actual maintenance and operation costs of Grimes County’s membership, it will be billed and will
pay at its actual subscriber count.
7. Grimes County’s intent is to transition all Grimes County organizations and entities requiring
interoperable communications to the BVWACS System.
8. Grimes County agrees to install one (1) six-channel 700 Megahertz GTR8000 Subsite rack and
any and all associated tower hardware at the existing tower site located on the property of the
Grimes County Sheriff’s Office in Anderson, TX as “Phase 1” of their partnership, and Grimes
County agrees that they will be wholly responsible for any and all lease fees that may be charged
by the owner of said tower structure, so long as they remain a BVWACS Party. Equipment
installation and full implementation of the “Phase 1” site is a necessary condition for this
Amendment to become effective.
9. Grimes County agrees that they will apply for grant funding in the 2017 grant cycle to bring a
second RF site online in Bedias, TX., and if approved will install one (1) six-channel 700
Megahertz GTR8000 Subsite rack and any and all associated tower hardware at said tower
located at the Bedias Wastewater Treatment Facility.
10. In accordance with Section 4.B. and 5.B of the Agreement, Grimes County shall appoint One (1)
official to the BVWACS Governing Board, and One (1) primary representative and One (1)
alternate representative to the BVWACS Operating Board.
11. The BVWACS Parties agree that, for testing and verification purposes, RF site infrastructure and
limited subscriber units may become active prior to the effective date of this Amendment. The
BVWACS Parties further agree that, should these units become active prior to the effective date
of this Amendment, Grimes County shall not be billed for this testing, verification, and usage of
the BVWACS System until the effective date of this Amendment.
12. In accordance with Section 22.D. of the Agreement, Notices to Grimes County shall be directed
to the attention of the County Judge with a copy to the County Attorney, at 100 Main Street,
Anderson TX 77830.
IN WITNESS WHEREOF, this Amendment has been executed and delivered on behalf of the BVWACS
Parties by their duly authorized representatives in one or more counterparts, which together shall
constitute one agreement.
CITY OF COLLEGE STATION
By: __________________________________________ Date: __________________
Mayor Karl Mooney
ATTEST:
_________________________________________ Date: __________________
City Secretary
APPROVED:
By: __________________________________________ Date: __________________
City Manager
By: __________________________________________ Date: __________________
City Attorney
By: __________________________________________ Date: __________________
Assistant City Manager / CFO
CITY OF COLLEGE STATION
By: __________________________________________ Date: __________________
Mayor Karl Mooney
ATTEST:
_________________________________________ Date: __________________
City Secretary
APPROVED:
By: __________________________________________ Date: __________________
City Manager
By: __________________________________________ Date: __________________
City Attorney
By: __________________________________________ Date: __________________
Assistant City Manager / CFO
CITY OF COLLEGE STATION
By: __________________________________________ Date: __________________
Mayor Karl Mooney
ATTEST:
_________________________________________ Date: __________________
City Secretary
APPROVED:
By: __________________________________________ Date: __________________
City Manager
By: __________________________________________ Date: __________________
City Attorney
By: __________________________________________ Date: __________________
Assistant City Manager / CFO
CITY OF COLLEGE STATION
By: __________________________________________ Date: __________________
Mayor Karl Mooney
ATTEST:
_________________________________________ Date: __________________
City Secretary
APPROVED:
By: __________________________________________ Date: __________________
City Manager
By: __________________________________________ Date: __________________
City Attorney
By: __________________________________________ Date: __________________
Assistant City Manager / CFO
CITY OF COLLEGE STATION
By: __________________________________________ Date: __________________
Mayor Karl Mooney
ATTEST:
_________________________________________ Date: __________________
City Secretary
APPROVED:
By: __________________________________________ Date: __________________
City Manager
By: __________________________________________ Date: __________________
City Attorney
By: __________________________________________ Date: __________________
Assistant City Manager / CFO
CITY OF COLLEGE STATION
By: __________________________________________ Date: __________________
Mayor Karl Mooney
ATTEST:
_________________________________________ Date: __________________
City Secretary
APPROVED:
By: __________________________________________ Date: __________________
City Manager
By: __________________________________________ Date: __________________
City Attorney
By: __________________________________________ Date: __________________
Assistant City Manager / CFO
CITY OF COLLEGE STATION
By: __________________________________________ Date: __________________
Mayor Karl Mooney
ATTEST:
_________________________________________ Date: __________________
City Secretary
APPROVED:
By: __________________________________________ Date: __________________
City Manager
By: __________________________________________ Date: __________________
City Attorney
By: __________________________________________ Date: __________________
Assistant City Manager / CFO
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0531 Name:Three Phase Transformers
Status:Type:Presentation Consent Agenda
File created:In control:9/8/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action and discussion on a bid award for the annual blanket purchase of three
phase pad-mounted transformers, which will be maintained in electrical inventory and expended as
needed. The total recommended award is for an amount not to exceed $479,168.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:Final Draft 2017 Three Phase Eval
Action ByDate Action ResultVer.
Presentation, possible action and discussion on a bid award for the annual blanket purchase of three
phase pad-mounted transformers, which will be maintained in electrical inventory and expended as
needed. The total recommended award is for an amount not to exceed $479,168.
Relationship to Strategic Goals:Core Services and Infrastructure
Recommendation(s):Staff Recommends award to the KBS Electrical Distributors,for an amount not to
exceed $479,168.00,as they are the overall lowest responsible bidder providing the best value to the
City.
Summary:Nine (9)sealed competitive bids were received and opened on August 31,2017.Electric staff
evaluated the bids for compliance to the needed specifications.Award is being recommended to KBS
Electrical Distributors. KBS Electrical Distributors has the lowest overall cumulative total.
Upon Council approval,a blanket order will be issued to the vendor recommended for award.The
materials will be placed and maintained in the electrical inventory and expensed as needed.
Budget &Financial Summary:Funds are budgeted and available in the Electrical Fund.Various
projects may be expensed as supplies are pulled from inventory and issued.
Reviewed and Approved by Legal: N/A
Attachments:Bid Tabulation #17-076
College Station, TX Printed on 9/21/2017Page 1 of 1
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City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:5
INVENTORY #:285-086-00037
Anixter Ermco $5,741.49 $28,707.45 $6,959.91 8-10
Anixter #2 CG $5,486.17 $27,430.85 $6,813.44 8-10
Anixter #3 GE Prolec $5,954.26 $29,771.30 $7,262.57 13
Capella Eaton Cooper $8,928.00 $44,640.00 10-12
Irby Ermco $5,564.00 $27,820.00 $6,928.12 8-10
KBS Ermco $5,532.00 $27,660.00 $6,896.12 8-10
KBS #2 CG $5,337.00 $26,685.00 $6,664.27 8-10
KBS #3 Cooper $7,360.00 $36,800.00 $8,683.52 10-12
Priester-Mell & Nicholson CG $5,263.00 $26,315.00 $6,590.27 8-10
Southwest Electric Southwest Electric $12,588.00 $62,940.00 $13,833.00 9-11
Techline Howard $5,580.00 $27,900.00 $6,914.84 10-12
TEC GE Prolec $5,941.24 $29,706.20 $7,249.55 13-14
TEC #2 Ermco $5,563.92 $27,819.60 $6,928.04 8-10
Wesco ABB $6,447.36 $32,236.80 $7,711.79 16-18
Bid Awarded Based on Lowest Cumulative Total
ITEM NUMBER: 1
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM DESCRIPTION: 75 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:8
INVENTORY #:285-086-00038
Anixter Ermco $6,130.85 $49,046.80 $8,005.10 8-10
Anixter #2 CG $5,707.45 $45,659.60 $7,563.22 8-10
Anixter #3 GE Prolec $6,652.13 $53,217.04 $8,420.01 13
Capella Eaton Cooper $9,430.00 $75,440.00 10-12
Irby Ermco $5,942.00 $47,536.00 $7,816.25 8-10
KBS Ermco $5,907.00 $47,256.00 $7,781.25 8-10
KBS #2 CG $5,553.00 $44,424.00 $7,408.77 8-10
KBS #3 Cooper $7,778.00 $62,224.00 $9,608.79 10-12
Priester-Mell & Nicholson CG $5,700.00 $45,600.00 $7,555.77 8-10
Southwest Electric Southwest Electric $13,354.00 $106,832.00 $15,113.00 9-11
Techline Howard $6,210.00 $49,680.00 $7,990.65 10-12
TEC GE Prolec $6,639.18 $53,113.44 $8,407.06 13-14
TEC #2 Ermco $5,941.24 $47,529.92 $7,815.49 8-10
Wesco ABB $6,815.78 $54,526.24 $8,516.10 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 2
ITEM DESCRIPTION: 112.5 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:5
INVENTORY #:285-086-00039
Anixter Ermco $6,619.15 $33,095.75 $9,007.94 8-10
Anixter #2 CG $6,608.51 $33,042.55 $8,890.52 8-10
Anixter #3 GE Prolec $7,020.21 $35,101.05 $9,298.29 13
Capella Eaton Cooper $9,863.00 $49,315.00 10-12
Irby Ermco $6,415.00 $32,075.00 $8,803.79 8-10
KBS Ermco $6,378.00 $31,890.00 $8,766.79 8-10
KBS #2 CG $6,370.00 $31,850.00 $8,652.01 8-10
KBS #3 Cooper $8,233.00 $41,165.00 $10,540.27 10-12
Priester-Mell & Nicholson CG $6,339.00 $31,695.00 $8,621.01 8-10
Southwest Electric Southwest Electric $15,215.00 $76,075.00 $17,409.00 9-11
Techline Howard $6,707.00 $33,535.00 $8,967.90 10-12
TEC GE Prolec $7,005.15 $35,025.75 $9,283.23 13-14
TEC #2 Ermco $6,414.43 $32,072.15 $8,803.22 8-10
Wesco ABB $7,500.00 $37,500.00 $9,696.46 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 3
ITEM DESCRIPTION: 150 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:3
INVENTORY #:285-086-00040
Anixter Ermco $7,615.96 $22,847.88 $10,787.20 8-10
Anixter #2 CG $7,730.85 $23,192.55 $10,885.50 8-10
Anixter #3 GE Prolec $8,193.62 $24,580.86 $11,315.44 13
Capella Eaton Cooper $10,796.00 $32,388.00 10-12
Irby Ermco $7,381.00 $22,143.00 $10,552.24 8-10
KBS Ermco $7,338.00 $22,014.00 $10,509.24 8-10
KBS #2 CG $7,448.00 $22,344.00 $10,602.65 8-10
KBS #3 Cooper $8,883.00 $26,649.00 $12,068.56 10-12
Priester-Mell & Nicholson CG $7,415.00 $22,245.00 $10,569.65 8-10
Southwest Electric Southwest Electric $17,594.00 $52,782.00 $20,644.00 9-11
Techline Howard $8,124.00 $24,372.00 $11,278.59 10-12
TEC GE Prolec $8,176.29 $24,528.87 $11,298.11 13-14
TEC #2 Ermco $7,380.41 $22,141.23 $10,551.65 8-10
Wesco ABB $8,552.63 $25,657.89 $11,586.28 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 4
ITEM DESCRIPTION: 225 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:5
INVENTORY #:285-086-00041
Anixter Ermco $8,521.28 $42,606.40 $12,567.45 8-10
Anixter #2 CG $8,796.81 $43,984.05 $12,808.28 8-10
Anixter #3 GE Prolec $8,608.51 $43,042.55 $12,515.86 13
Capella Eaton Cooper $11,673.00 $58,365.00 10-12
Irby Ermco $8,258.00 $41,290.00 $12,304.17 8-10
KBS Ermco $8,210.00 $41,050.00 $12,256.17 8-10
KBS #2 CG $8,470.00 $42,350.00 $12,481.47 8-10
KBS #3 Cooper $9,693.00 $48,465.00 $13,722.91 10-12
Priester-Mell & Nicholson CG $8,438.00 $42,190.00 $12,449.47 8-10
Southwest Electric Southwest Electric $19,662.00 $98,310.00 $23,553.00 9-11
Techline Howard $9,615.00 $48,075.00 $13,493.41 10-12
TEC GE Prolec $8,401.03 $42,005.15 $12,308.38 13-14
TEC #2 Ermco $8,257.73 $41,288.65 $12,303.90 8-10
Wesco ABB $9,605.26 $48,026.30 $13,391.35 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 5
ITEM DESCRIPTION: 300 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:3
INVENTORY #:285-086-00042
Anixter Ermco $11,571.28 $34,713.84 $17,625.28 8-10
Anixter #2 CG $12,342.55 $37,027.65 $18,369.89 8-10
Anixter #3 GE Prolec $11,343.62 $34,030.86 $17,409.88 13
Capella Eaton Cooper $14,566.00 $43,698.00 10-12
Irby Ermco $11,214.00 $33,642.00 $17,268.00 8-10
KBS Ermco $11,148.00 $33,444.00 $17,202.00 8-10
KBS #2 CG $11,834.00 $35,502.00 $17,861.34 8-10
KBS #3 Cooper $12,416.00 $37,248.00 $18,340.50 10-12
Priester-Mell & Nicholson CG $11,839.00 $35,517.00 $17,866.34 8-10
Southwest Electric Southwest Electric $22,348.00 $67,044.00 $28,091.00 9-11
Techline Howard $13,115.00 $39,345.00 $19,030.60 10-12
TEC GE Prolec $11,070.10 $33,210.30 $17,136.36 13-14
TEC #2 Ermco $11,213.40 $33,640.20 $17,267.40 8-10
Wesco ABB $12,236.84 $36,710.52 $17,784.72 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 6
ITEM DESCRIPTION: 500 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:2
INVENTORY #:285-086-00043
Anixter Ermco $15,462.77 $30,925.54 $23,870.49 8-10
Anixter #2 CG $18,795.74 $37,591.48 $27,167.33 8-10
Anixter #3 GE Prolec $18,300.00 $36,600.00 $26,963.08 13
Capella Eaton Cooper $20,304.00 $40,608.00 10-12
Irby Ermco $14,985.00 $29,970.00 $23,392.72 8-10
KBS Ermco $14,890.00 $29,780.00 $23,297.72 8-10
KBS #2 CG $18,109.00 $36,218.00 $26,480.59 8-10
KBS #3 Cooper $16,253.00 $32,506.00 $24,606.74 10-12
Priester-Mell & Nicholson CG $18,029.00 $36,058.00 $26,400.59 8-10
Southwest Electric Southwest Electric $28,126.00 $56,252.00 $36,141.00 9-11
Techline Howard $18,743.00 $37,486.00 $26,926.69 10-12
TEC GE Prolec $17,861.86 $35,723.72 $26,524.94 13-14
TEC #2 Ermco $14,984.54 $29,969.08 $23,392.26 8-10
Wesco ABB $17,710.52 $35,421.04 $25,556.84 20-22
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 7
ITEM DESCRIPTION: 750 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:1
INVENTORY #:285-086-00044
Anixter Ermco $18,977.66 $18,977.66 $29,856.47 8-10
Anixter #2 CG $25,830.85 $25,830.85 $36,345.00 8-10
Anixter #3 GE Prolec $23,544.68 $23,544.68 $33,948.71 13
Capella Eaton Cooper $24,331.00 $24,331.00 10-12
Irby Ermco $18,391.00 $18,391.00 $29,269.81 8-10
KBS Ermco $18,280.00 $18,280.00 $29,158.81 8-10
KBS #2 CG $24,766.00 $24,766.00 $35,296.96 8-10
KBS #3 Cooper $20,300.00 $20,300.00 $30,713.88 10-12
Priester-Mell & Nicholson CG $24,777.00 $24,777.00 $35,291.15 8-10
Southwest Electric Southwest Electric $34,643.00 $34,643.00 $45,102.00 9-11
Techline Howard $24,890.00 $24,890.00 $35,103.72 10-12
TEC GE Prolec $22,981.44 $22,981.44 $33,385.47 13-14
TEC #2 Ermco $18,390.72 $18,390.72 $29,269.53 8-10
Wesco ABB $21,710.52 $21,710.52 $31,484.71 20-22
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 8
ITEM DESCRIPTION: 1000 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:2
INVENTORY #:285-086-00045
Anixter Ermco $6,068.09 $12,136.18 $7,923.30 8-10
Anixter #2 CG $5,998.94 $11,997.88 $7,851.93 8-10
Anixter #3 GE Prolec $6,465.96 $12,931.92 $8,257.25 13
Capella Eaton Cooper $9,532.00 $19,064.00 10-12
Irby Ermco $5,881.00 $11,762.00 $7,736.21 8-10
KBS Ermco $5,846.00 $11,692.00 $7,701.21 8-10
KBS #2 CG $5,808.00 $11,616.00 $7,660.99 8-10
KBS #3 Cooper $8,382.00 $16,764.00 $10,208.76 10-12
Priester-Mell & Nicholson CG $5,755.00 $11,510.00 $7,607.99 8-10
Southwest Electric Southwest Electric $13,462.00 $26,924.00 $26,924.00 9-11
Techline Howard $6,169.00 $12,338.00 $7,937.45 10-12
TEC GE Prolec $6,754.64 $13,509.28 $8,545.93 13-14
TEC #2 Ermco $5,880.41 $11,760.82 $7,735.62 8-10
Wesco ABB $6,710.52 $13,421.04 $8,449.22 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 9
ITEM DESCRIPTION: 112.5 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:1
INVENTORY #:285-086-00046
Anixter Ermco $6,370.21 $6,370.21 $8,725.31 8-10
Anixter #2 CG $6,508.51 $6,508.51 $8,783.03 8-10
Anixter #3 GE Prolec $7,086.17 $7,086.17 $9,338.02 13
Capella Eaton Cooper $9,844.00 $9,844.00 10-12
Irby Ermco $6,174.00 $6,174.00 $8,529.10 8-10
KBS Ermco $6,138.00 $6,138.00 $8,493.10 8-10
KBS #2 CG $6,271.00 $6,271.00 $8,545.52 8-10
KBS #3 Cooper $8,650.00 $8,650.00 $10,988.81 10-12
Priester-Mell & Nicholson CG $6,243.00 $6,243.00 $8,517.52 8-10
Southwest Electric Southwest Electric $13,935.00 $13,935.00 $16,129.00 9-11
Techline Howard $6,715.00 $6,715.00 $8,934.09 10-12
TEC GE Prolec $7,188.66 $7,188.66 $9,440.51 13-14
TEC #2 Ermco $6,173.20 $6,173.20 $8,528.30 8-10
Wesco ABB $7,500.00 $7,500.00 $9,638.57 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 10
ITEM DESCRIPTION: 150 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:2
INVENTORY #:285-086-00047
Anixter Ermco $7,322.34 $14,644.68 $10,564.44 8-10
Anixter #2 CG $7,455.32 $14,910.64 $10,598.43 8-10
Anixter #3 GE Prolec $7,973.40 $15,946.80 $11,041.60 13
Capella Eaton Cooper $10,771.00 $21,542.00 10-12
Irby Ermco $7,096.00 $14,192.00 $10,338.10 8-10
KBS Ermco $7,060.00 $14,120.00 $10,302.10 8-10
KBS #2 CG $7,218.00 $14,436.00 $10,361.11 8-10
KBS #3 Cooper $9,357.00 $18,714.00 $12,529.42 10-12
Priester-Mell & Nicholson CG $7,225.00 $14,450.00 $10,368.11 8-10
Southwest Electric Southwest Electric $17,748.00 $35,496.00 $20,798.00 9-11
Techline Howard $8,009.00 $16,018.00 $11,121.69 10-12
TEC GE Prolec $8,087.63 $16,175.26 $11,155.83 13-14
TEC #2 Ermco $7,095.88 $14,191.76 $10,337.98 8-10
Wesco ABB $8,263.15 $16,526.30 $11,274.74 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 11
ITEM DESCRIPTION: 225 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:1
INVENTORY #:285-086-00048
Anixter Ermco $8,096.81 $8,096.81 $12,118.03 8-10
Anixter #2 CG $8,386.17 $8,386.17 $12,333.59 8-10
Anixter #3 GE Prolec $8,326.60 $8,326.60 $12,251.90 13
Capella Eaton Cooper $11,432.00 $11,432.00 10-12
Irby Ermco $7,847.00 $7,847.00 $11,868.22 8-10
KBS Ermco $7,801.00 $7,801.00 $11,822.22 8-10
KBS #2 CG $8,080.00 $8,080.00 $12,027.42 8-10
KBS #3 Cooper $9,971.00 $9,971.00 $13,984.05 10-12
Priester-Mell & Nicholson CG $7,999.00 $7,999.00 $11,946.42 8-10
Southwest Electric Southwest Electric $19,354.00 $19,354.00 $23,245.00 9-11
Techline Howard $8,898.00 $8,898.00 $12,693.65 10-12
TEC GE Prolec $8,429.90 $8,429.90 $12,355.20 13-14
TEC #2 Ermco $7,846.40 $7,846.40 $11,867.62 8-10
Wesco ABB $9,552.63 $9,552.63 $13,050.91 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 12
ITEM DESCRIPTION: 300 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:5
INVENTORY #:285-086-00049
Anixter Ermco $10,031.91 $50,159.55 $16,106.75 8-10
Anixter #2 CG $10,476.60 $52,383.00 $16,383.96 8-10
Anixter #3 GE Prolec $9,920.21 $49,601.05 $15,851.77 13
Capella Eaton Cooper $13,573.00 $67,865.00 10-12
Irby Ermco $9,722.00 $48,610.00 $15,796.84 8-10
KBS Ermco $9,666.00 $48,330.00 $15,740.84 8-10
KBS #2 CG $10,094.00 $50,470.00 $16,001.36 8-10
KBS #3 Cooper $11,905.00 $59,525.00 $17,869.72 10-12
Priester-Mell & Nicholson CG $10,049.00 $50,245.00 $15,956.36 8-10
Southwest Electric Southwest Electric $21,732.00 $108,660.00 $27,475.00 9-11
Techline Howard $11,860.00 $59,300.00 $17,594.53 10-12
TEC GE Prolec $9,681.44 $48,407.20 $15,613.00 13-14
TEC #2 Ermco $9,697.31 $48,486.55 $15,772.15 8-10
Wesco ABB $11,710.52 $58,552.60 $17,127.85 16-18
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 13
ITEM DESCRIPTION: 500 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:2
INVENTORY #:285-086-00050
Anixter Ermco $13,635.11 $27,270.22 $22,081.20 8-10
Anixter #2 CG $13,667.02 $27,334.04 $22,029.89 8-10
Anixter #3 GE Prolec $13,877.66 $27,755.32 $22,042.75 13
Capella Eaton Cooper $18,334.00 $36,668.00 10-12
Irby Ermco $13,214.00 $26,428.00 $21,660.09 8-10
KBS Ermco $13,140.00 $26,280.00 $21,586.09 8-10
KBS #2 CG $13,232.00 $26,464.00 $21,594.87 8-10
KBS #3 Cooper $15,383.00 $30,766.00 $23,713.74 10-12
Priester-Mell & Nicholson CG $13,550.00 $27,100.00 $21,912.87 8-10
Southwest Electric Southwest Electric $27,200.00 $54,400.00 $35,215.00 9-11
Techline Howard $15,223.00 $30,446.00 $23,206.02 10-12
TEC GE Prolec $13,740.21 $27,480.42 $21,905.30 13-14
TEC #2 Ermco $13,213.40 $26,426.80 $21,659.49 8-10
Wesco ABB $16,026.31 $32,052.62 $23,861.44 20-22
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 14
ITEM DESCRIPTION: 750 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:1
INVENTORY #:285-086-00051
Anixter Ermco $16,312.77 $16,312.77 $27,047.17 8-10
Anixter #2 CG $15,945.74 $15,945.74 $26,516.98 8-10
Anixter #3 GE Prolec $16,061.70 $16,061.70 $26,521.70 13
Capella Eaton Cooper $20,026.00 $20,026.00 10-12
Irby Ermco $15,810.00 $15,810.00 $26,544.40 8-10
KBS Ermco $15,717.00 $15,717.00 $26,451.40 8-10
KBS #2 CG $15,439.00 $15,439.00 $26,010.24 8-10
KBS #3 Cooper $17,288.00 $17,288.00 $27,867.75 10-12
Priester-Mell & Nicholson CG $15,777.00 $15,777.00 $26,348.24 8-10
Southwest Electric Southwest Electric $32,609.00 $32,609.00 $43,068.00 9-11
Techline Howard $19,415.00 $19,415.00 $29,597.47 10-12
TEC GE Prolec $15,903.09 $15,903.09 $26,363.09 13-14
TEC #2 Ermco $15,808.25 $15,808.25 $26,542.65 8-10
Wesco ABB $20,000.00 $20,000.00 $29,862.70 20-22
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 15
ITEM DESCRIPTION: 1000 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:2
INVENTORY #:285-086-00052
Anixter Ermco $21,430.85 $42,861.70 $35,938.09 8-10
Anixter #2 CG $21,952.13 $43,904.26 $43,904.26 8-10
Anixter #3 GE Prolec $23,385.11 $46,770.22 $37,683.48 13
Capella Eaton Cooper $28,732.00 $57,464.00 10-12
Irby Ermco $20,769.00 $41,538.00 $35,276.24 8-10
KBS Ermco $20,648.00 $41,296.00 $35,155.24 8-10
KBS #2 CG $21,150.00 $42,300.00 $35,650.15 8-10
KBS #3 Cooper $24,187.00 $48,374.00 $38,714.31 10-12
Priester-Mell & Nicholson CG $21,056.00 $42,112.00 $35,556.15 8-10
Southwest Electric Southwest Electric $44,502.00 $89,004.00 $58,074.00 9-11
Techline Howard $30,852.00 $61,704.00 $44,322.03 10-12
TEC GE Prolec $22,661.86 $45,323.72 $36,960.23 13-14
TEC #2 Ermco $20,768.04 $41,536.08 $35,275.28 8-10
Wesco ABB $24,868.42 $49,736.84 37.999.58 20-22
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 16
ITEM DESCRIPTION: 1500 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:1
INVENTORY #:285-086-00053
Anixter Ermco $26,563.83 $26,563.83 $43,583.62 8-10
Anixter #2 CG $27,161.70 $27,161.70 $45,158.36 8-10
Anixter #3 GE Prolec $27,613.83 $27,613.83 $45,695.23 13
Capella Eaton Cooper $34,950.00 $34,950.00 10-12
Irby Ermco $25,743.00 $25,743.00 $42,762.79 8-10
KBS Ermco $25,590.00 $25,590.00 $42,609.79 8-10
KBS #2 CG $26,170.00 $26,170.00 $44,166.66 8-10
KBS #3 Cooper $30,299.00 $30,299.00 $48,185.81 10-12
Priester-Mell & Nicholson CG $26,053.00 $26,053.00 $44,049.66 8-10
Southwest Electric Southwest Electric $51,197.00 $51,197.00 $68,473.00 9-11
Techline Howard $36,727.00 $36,727.00 $54,025.10 10-12
TEC GE Prolec $28,310.31 $28,310.31 $46,391.71 13-14
TEC #2 Ermco $25,742.27 $25,742.27 $42,762.06 8-10
Wesco ABB $33,657.89 $33,657.89 $50,640.02 20-22
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 17
ITEM DESCRIPTION: 2000 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Order Quantity:1
INVENTORY #:285-086-00054
Anixter Ermco $31,998.94 $31,998.94 $53,488.45 8-10
Anixter #2 CG $33,519.15 $33,519.15 $55,268.08 8-10
Anixter #3 GE Prolec $36,794.68 $36,794.68 $58,739.90 13
Capella Eaton Cooper $42,666.00 $42,666.00 10-12
Irby Ermco $31,010.00 $31,010.00 $52,499.51 8-10
KBS Ermco $30,830.00 $30,830.00 $52,319.51 8-10
KBS #2 CG $32,296.00 $32,296.00 $54,044.93 8-10
KBS #3 Cooper $37,201.00 $37,201.00 $58,421.23 10-12
Priester-Mell & Nicholson CG $32,151.00 $32,151.00 $53,899.93 8-10
Southwest Electric Southwest Electric $65,191.00 $65,191.00 $85,579.00 9-11
Techline Howard $45,885.00 $45,885.00 $66,867.15 10-12
TEC GE Prolec $37,723.71 $37,723.71 $59,668.93 13-14
TEC #2 Ermco $31,009.28 $31,009.28 $52,498.79 8-10
Wesco ABB $40,763.15 $40,763.15 $60,695.04 20-22
Bid Awarded Based on Lowest Cumulative Total
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER: 18
ITEM DESCRIPTION: 2500 KVA Padmount Transformer 480/277
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
SUMMARY
Vendor Manufacturer Quantity Unit Price Total Delivery
Item #1
75 KVA Padmount Transformer 208/120 KBS Ermco 5 $5,532.00 $27,660.00 8-10
Inventory #285-086-00037
Item #2
112.5 KVA Padmount Transformer 208/120 KBS Ermco 8 $5,907.00 $47,256.00 8-10
Inventory #285-086-00038
Item #3
150 KVA Padmount Transformer 208/120 KBS Ermco 5 $6,378.00 $31,890.00 8-10
Inventory #285-086-00039
Item #4
225 KVA Padmount Transformer 208/120 KBS Ermco 3 $7,338.00 $22,014.00 8-10
Inventory #285-086-00040
Item #5
300 KVA Padmount Transformer 208/120 KBS Ermco 5 $8,210.00 $41,050.00 8-10
Inventory #285-086-00041
Item #6
500 KVA Padmount Transformer 208/120 KBS Ermco 3 $11,148.00 $33,444.00 8-10
Inventory #285-086-00042
Item #7
750 KVA Padmount Transformer 208/120 KBS Ermco 2 $14,890.00 $29,780.00 8-10
Inventory #285-086-00043
Item #8
1000 KVA Padmount Transformer 208/120 KBS Ermco 1 $18,280.00 $18,280.00 8-10
Inventory #285-086-00044
Item #9
112.5 KVA Padmount Transformer 480/277 KBS Ermco 2 $5,846.00 $11,692.00 8-10
Inventory #285-086-00045
Item #10
150 KVA Padmount Transformer 480/277 KBS Ermco 1 $6,138.00 $6,138.00 8-10
Inventory #285-086-00046
Item #11
225 KVA Padmount Transformer 480/277 KBS Ermco 2 $7,060.00 $14,120.00 8-10
Inventory #285-086-00047
Item #12
300 KVA Padmount Transformer 480/277 KBS Ermco 1 $7,801.00 $7,801.00 8-10
Inventory #285-086-00048
Item #13
500 KVA Padmount Transformer 480/277 KBS Ermco 5 $9,666.00 $48,330.00 8-10
Inventory #285-086-00049
Item #14
750 KVA Padmount Transformer 480/277 KBS Ermco 2 $13,140.00 $26,280.00 8-10
Inventory #285-086-00050
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Item #15
1000 KVA Padmount Transformer 480/277 KBS Ermco 1 $15,717.00 $15,717.00 8-10
Inventory #285-086-0005
Item #16
1500 KVA Padmount Transformer 480/277 KBS Ermco 2 $20,648.00 $41,296.00 8-10
Inventory #285-086-00052
Item #17
2000 KVA Padmount Transformer 480/277 KBS Ermco 1 $25,590.00 $25,590.00 8-10
Inventory #285-086-00053
Item #18
2500 KVA Padmount Transformer 480/277 KBS Ermco 1 $30,830.00 $30,830.00 8-10
Inventory #285-086-00054
Total $479,168.00
City of College Station - Purchasing Division
Bid Tabulation for #17-076
"Annual Purchase of Three-Phase Pad Mount Transformers"
Open Date: Thursday, August 31, 2017 @ 2:00 p.m.
Vendor Manufacturer Cumulative Price
Anixter Ermco 497,338$
Anixter #2 CG 515,813$
Anixter #3 GE Prolec 528,778$
Capella Eaton Cooper 690,306$
Irby Ermco 481,981$
KBS #1 Ermco 479,168$
KBS #2 CG 497,681$
KBS #3 Cooper 582,909$
Priester-Mell & Nicholson CG 498,037$
Southwest Electric Southwest Electric 1,051,648$
Techline Howard 582,729$
TEC #1 GE Prolec 524,745$
TEC #2 Ermco 481,833$
Wesco ABB 573,554$
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0535 Name:Water meter purchase contract
Status:Type:Contract Consent Agenda
File created:In control:9/8/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding an annual water meter purchase contract
#16300413R1 with National Meter & Automation, Inc. for a maximum amount of $463,000.
Sponsors:David Coleman
Indexes:
Code sections:
Attachments:Bid tabulation 16-073
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding an annual water meter purchase contract
#16300413R1 with National Meter & Automation, Inc. for a maximum amount of $463,000.
Relationship to Strategic Goals:Core services and infrastructure
Recommendation:Staff recommends approval of the contract.
Summary:This contract will allow Water Services to purchase annually up to 3,600 of the ¾” water
meters, and up to 2,200 of the 1” water meters from National Meter & Automation, for a maximum
annual cost of $463,000. These are traditional mechanical meters, but they can be adapted to AMI
by changing the top register.
National Meter & Automation, Inc. was the lowest responsible bidder that meets College Station
Water Services meter specifications. As shown on the attached Bid Tab, four sealed competitive bids
were received and opened on May 18, 2016. Two of the bidders, Mueller and RG3, were found to be
quoting meters that do not meet the contract specifications. National Meter & Automation, Inc. offers
meters at the best value to the city based on price, discounts, delivery terms, and product quality.
This price agreement is for a term of one year plus two one-year renewal options, and the proposed
contract will be the first renewal year, with prices unchanged.
These meters represent the best value to the City, and staff recommends approval.
Budget & Financial Summary:Funds are available and budgeted in the Water Fund.
Attachments:
Bid Tabulation #16-073
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File #:17-0535,Version:1
Contract on file with City Secretary
College Station, TX Printed on 9/21/2017Page 2 of 2
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City of College Station - Purchasing DivisionBid Tabulation for #16-073"Annual Price Agreement for Water Meters"Open Date: Wednesday, May 18, 2016 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE13600 Each5/8" x 3/4" Direct Read Meter $88.00 $316,800.00 $48.00 $172,800.00 $51.00 $183,600.00 $43.04 $154,944.00Manufacturer22200 Each1" Meter$194.00 $426,800.00 $117.50 $258,500.00 $127.00 $279,400.00 $127.27 $279,994.00ManufacturerPrompt Payment DiscountTotal w/ Prompt Payment Discount AppliedDeliveryRG3 Meter Company: Bidder miscalculated the total price for Bid Items 1 and 2 and the Grand Total. The highlighted totals above are correct.Aqua Metric Sales Company: No-bidNANANANA2%422,674.00Ships 30 Days ARO60 Calendar Days ARO 40-58 Calendar Days ARO 45 Calendar Days ARORG3 Meter Company(Longview, TX)$434,938.00National Meter & Automation, Inc.(Centennial, CO)$431,300.00 $463,000.00S&J Meter, Inc: Meters include a 21 year accuracy warranty.$743,600.00NOTES:S&J Meter, Inc.(Willis, TX)Mueller Systems(Cleveland, NC)TOTALRCDL M70 LL Disc MeterRG3 PD07GPPRG3 PD10GBP2%728,728.00Kamstrup Flow IQ 2100 Kamstrup Flow IQ 3101 Hersey 420 Bronze V0GB202Hersey 452 V0KS202RCDL M25 Disc MeterPage 1 of 1
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0549 Name:Hands Free Ordinance Repeal
Status:Type:Ordinance Consent Agenda
File created:In control:9/12/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on an ordinance repealing Chapter 38, “Traffic and
Vehicles” Article I, “In General”, Sec. 38-19 “Use of Wireless Communication Devices While Operating
a Motor Vehicle or Bicycle” of the College Station Code.
Sponsors:Scott McCollum
Indexes:
Code sections:
Attachments:Sec 38-19 WCD Ord Repeal 9-15-17
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on an ordinance repealing Chapter 38, “Traffic and
Vehicles” Article I, “In General”, Sec. 38-19 “Use of Wireless Communication Devices While
Operating a Motor Vehicle or Bicycle” of the College Station Code.
Relationship to Strategic Goals:
·Core Services and Infrastructure
·Improving Mobility
·Sustainable City
Recommendation(s): Repeal the ordinance
Summary: The 85th legislature regular and special sessions have come to a close. In the regular
session, the Governor signed H.B. 62, The new law is found in Transportation Code 545.4251 and
became effective September 1, 2017. The portions of City Ordinance Sec. 38-19, that prohibit the
operator of a motor vehicle from using an electronic device to read, write or send an electronic
message is preempted by this State law. The passage of this law and its preemptive clause had
implications upon the City's Ordinance that required Council review.
On September 11, 2017, a presentation was made to City Council outlining these implications and
potential options. Upon discussion, Council direction was given to staff to repeal the City ordinance
and allow State Law to prevail.
Budget & Financial Summary: With the repeal of this ordinance, existing signs will need to be
removed. The estimation for sign removal is $7,715.
Attachments: Ordinance repealing Sec. 38-19.
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0549,Version:1
College Station, TX Printed on 9/21/2017Page 2 of 2
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Ordinance Form 8-14-17
ORDINANCE NO. _____
AN ORDINANCE REPEALING CHAPTER 38, “TRAFFIC AND VEHICLES” ARTICLE
I, “IN GENERAL”, SEC. 38-19 “USE OF WIRELESS COMMUNICATION DEVICES
WHILE OPERATING A MOTOR VEHICLE OR BICYCLE” OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REPEALING
CERTAIN SECTIONS RELATING TO USE OF WIRELESS COMMUNICATION
DEVICES; 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 38, “Traffic and Vehicles” Article I, “In General”, Sec. 38 -19 “Use
of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle”
of the Code of Ordinances of the City of College Station, Texas, be repealed as set
out in Exhibit “A” attached hereto and made a part of this Ordinance for all
purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity 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) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO._____ Page 2 of 3
Ordinance Form 8-14-17
PASSED, ADOPTED and APPROVED this 25th day of September, 2017
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO._____ Page 3 of 3
Ordinance Form 8-14-17
EXHIBIT A
That Chapter 38, “Traffic and Vehicles” Article I, “In General”, Sec. 38-19 “Use of Wireless
Communication Devices While Operating a Motor Vehicle or Bicycle” of the Code of Ordinances
of the City of College Station, Texas be repealed.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0553 Name:License to Encroach – Lakeridge Townhome
Development
Status:Type:Agreement Consent Agenda
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding a resolution authorizing a License Agreement
with Lakeridge Living LP for 69.55 square foot encroachment into the public utility easement located
at Lot 1R A, Block 1, Lakeridge Subdivision, according to the plat recorded in Volume 11092, Page
100 of the Official Records of Brazos County, Texas.
Sponsors:Carol Cotter
Indexes:
Code sections:
Attachments:Vicinity Map
Location Map
Resolution
Exhibit A
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding a resolution authorizing a License Agreement
with Lakeridge Living LP for 69.55 square foot encroachment into the public utility easement located
at Lot 1R A, Block 1, Lakeridge Subdivision, according to the plat recorded in Volume 11092, Page
100 of the Official Records of Brazos County, Texas.
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval.
Summary: An entrance gate wall associated with the Lakeridge Townhomes multi-family development
was constructed at 1198 Jones Butler Road extending approximately 14 feet into a 15-foot wide
Public Utility Easement along the side property line. The encroachment does not conflict with any
existing utilities and consent has been granted by all utility franchisees.
Budget & Financial Summary: N/A
Attachments:
1.Vicinity Map
2.Location Map
3.Resolution
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File #:17-0553,Version:1
4.Exhibit A (License Agreement)
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RESOLUTION NO.___________
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT,
LAKERIDGE LIVING LP, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE
LOCATED AT LOT 1R A, BLOCK 1, LAKERIDGE SUBDIVISION, ACCORDING TO THE
PLAT RECORDED IN VOLUME 11092, PAGE 100 OF THE OFFICIAL RECORDS OF
BRAZOS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 1198 JONES BUTLER
ROAD, INTO THE EASEMENT.
WHEREAS, the City of College Station, has received an application for a license to encroach
into a utility easement;
WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling
and governing encroachments;
WHEREAS, in order for a license to be granted by the City Council of the City of College
Station, the Council must make certain findings of facts;
WHEREAS, after hearing the application of Lakeridge Living LP to encroach into the easement,
the City Council of the City of College Station, finds the following facts:
1. That through no fault of the present property owner, a portion of the structure was
constructed in the utility easement.
2. That there are no utilities which would be interfered with by the utilization of the
property in its present status.
3. That the structure intrudes into the easement to such a degree that it is not
economically feasible to remove the part of the structure within the easement.
4. That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood;
WHEREAS, the City Council after hearing the application and finding the specific facts as stated
above now concludes and finds that:
1. The fact that the structure was constructed within the easement through no fault of
the present property owner and that it is not economically feasible to remove the
part of the structure within the easement area does constitute special
circumstances and conditions affecting the property which if not taken into
consideration would deprive the applicant of the reasonable use of his property.
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to remove the part of the structure within the
easement does provide a basis for granting the license necessary for the
preservation and enjoyment of the substantial property right of the applicant.
3. The fact that the use of the easement area by the property owner does not interfere
with the utilities or access to the utilities and is not detrimental to the public
health, safety or welfare or injurious to the property in the area; and
Resolution No.____________ Page 2
WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to
him; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
I.
That the Mayor is hereby authorized to execute on behalf of the City of College Station a
License Agreement with Lakeridge Living LP pertaining to the encroachment of a portion of a
structure located at Lot 1R A, Block 1, Lakeridge Subdivision, according to the plat recorded in
Volume 11092, Page 100 of the Official Records of Brazos County, Texas, more commonly
known as 1198 Jones Butler Road, into the easement area. The terms of said License Agreement
are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by
reference for all purposes.
II.
That this resolution shall be effective immediately upon adoption.
PASSED and APPROVED this ______ day of ____________________________, 2017.
ATTEST: APPROVED:
____________________________ ___________________________________
City Secretary Mayor
APPROVED:
____________________________
City Attorney
EXHIBIT A LICENSE AGREEMENT THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by Lakeridge Living LP (hereinafter referred to as "LICENSEE"), owner of Lot 1R A, Block 1, Lakeridge Subdivision, according to the plat recorded in Volume 11092, Page 100 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 1R A, Block 1, Lakeridge Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or
- 2 -
E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the ________ day of ______________________, 2017. APPROVED: APPROVED: LAKERIDGE LIVING LP, CITY OF COLLEGE STATION, LICENSEE LICENSOR BY:______________________________ BY:________________________________ LAKERIDGE LIVING LP KARL MOONEY, Mayor ATTEST: ____________________________________ City Secretary STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of ________________, 2017, by ___________________________________, as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. ____________________________________ Notary Public in and for the State of T E X A S STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of _______________________, 2017, by ______________________ as __________________ of ________________________, on behalf of said ____________________. ____________________________________ Notary Public in and for the State of Texas
EXHIBIT A
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0554 Name:Dark Fiber Lease Agreement with CEO
Status:Type:Agreement Consent Agenda
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on a lease agreement with CEO Etc. for lease of City
Fiber Optic Cable Facilities.
Sponsors:Erin Provazek
Indexes:
Code sections:
Attachments:Dark Fiber Lease Agreement_CEO
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on a lease agreement with CEO Etc. for lease of City
Fiber Optic Cable Facilities.
Relationship to Strategic Goals: (Select all that apply)
·Diverse Growing Economy
Recommendation(s):Staff recommends approval.
Summary:
The work of the Research Valley Technology Council (RVTC) to encourage the development of next
generation bandwidth services in the B/CS metropolitan area included exploring the option for
commercial entities to lease spare city fiber or conduit. Continued work in this area indicates that
there is commercial demand for city spare (or dark) fiber or city conduit to encourage the
development of expanded broadband services. On March 26, 2015 Council approved an Ordinance
permitting the lease of City Fiber Optic Cable Facilities. This item is the second lease authorized by
the Ordinance.
Budget & Financial Summary: This lease will have a financial impact on the city. Modest revenue will
be obtained from fiber or conduit leases.
Attachments: CEO Fiber Lease Agreement
College Station, TX Printed on 9/21/2017Page 1 of 1
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DARK FIBER LEASE AGREEMENT
Between
College Station, Texas ("PROVIDER")
and
CEO Etc .. ("USER")
City of College Station Contract Nr. 18300031
ARTICLE
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
AR TIC LE VIII
ARTICLE IX
ARTICLEX
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLEXXI
ARTICLE XXII
ARTICLE XXIII
TABLE OF CONTENTS
DEFINITIONS ................................................................................................ l
LICENSE ........................................................................................................ 4
CONS ID ERA TION ........................................................................................ 4
CONSTRUCTION .......................................................................................... 5
CONNECTION AND ACCESS TO THE SYSTEM ..................................... 6
COLLOCATION ............................................................................................ 6
TERM .......................................................................................................... 6
MAINTENANCE AND RELOCATION ....................................................... ?
USE OF THE SYSTEM ................................................................................. 9
AUDIT RIGHTS ........................................................................................... 10
WARRANTIES ............................................................................................ 10
DEFAULT .................................................................................................... 11
INDEMNIFICATION ................................................................................... 12
LIMITATION OF LIABILITY .................................................................... 13
INSURANCE ................................................................................................ 14
TAXES AND FEES ...................................................................................... 20
NOTICE ........................................................................................................ 21
CONFIDENTIALITY ................................................................................... 22
FORCE MAJ EURE; EMINENT DOMAIN ................................................. 23
PAYMENT DISPUTE RESOLUTION ........................................................ 23
RULES OF CONSTRUCTION .................................................................... 24
ASSIGNMENT ............................................................................................. 25
ENTIRE AGREEMENT; AMENDMENT; EXECUTION .......................... 27
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EXHIBITS
Exhibit A System Description
A-1 Map of Route Segments
A-2 Route Segment Listing
Exhibit B Fiber Splicing, Testing, and Acceptance Standards and Procedures
Exhibit C Fiber Specifications
Exhibit D Cable Installation Specifications
Exhibit E Operations Specifications
Exhibit F Interconnections
Exhibit G Insurance Certificates
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DARK FIBER LEASE AGREEMENT
This Dark Fiber Lease Agreement (this "Agreement") is made, as of the Effective Date
(as hereafter defined), by and between the City of College Station, Texas ("PROVIDER"), and
CEO Etc., a Texas corporation ("USER").
WHEREAS, PROVIDER has constructed a fiber optic communication system along the
route segments depicted and described in Exhibit A attached hereto; and
WHEREAS, USER desires to lease, and PROVIDER desires to provide to USER, an
exclusive license to use certain optical dark fibers in such fiber optic communications system as
hereafter described for the consideration and upon the terms and conditions set forth below; and
WHEREAS, PROVIDER is authorized to lease its dark fiber pursuant to TEXAS UTILITIES
CODE, Section 54.2025;
NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties
hereby agree as follows:
ARTICLE I
DEFINITIONS
Where capitalized, the following words and phrases in this Agreement shall be defined as
follows:
"Acceptance" shall have the definition set forth in Exhibit B.
"Affiliate" means, with respect to any entity, any other entity controlling, controlled by or
under common control with such entity, whether directly or indirectly through one or more
intermediaries. "Control" and its derivatives mean legal, beneficial or equitable ownership,
directly or indirectly, fifty percent (50%) or more of the outstanding voting capital stock (or
other ownership interest, if not a corporation) of an entity or management or operational control
over such entity.
"Confidential Information" shall have the definition set forth in Section 18.1.
"Connecting Point" means a point where the network or facilities of USER will connect
to the System as further defined in Exhibit F and subject to the terms of said Exhibit F and
Section 5.1 below.
"Costs" means costs incurred and computed in accordance with the established
accounting procedures used by PROVIDER to bill third parties for reimbursable projects and
generally accepted accounting principles. Such costs include the following:
(a) labor costs, including wages, salaries, and benefits together with overhead
allocable to such labor costs (the overhead allocation shall not exceed twenty five
percent (25%) of the labor costs computed without such overhead); and
(b) other direct costs and out-of-pocket expenses on a pass-through basis (such as
equipment, materials, supplies, contract services, Required Rights, sales, use or
similar taxes, etc.) plus ten percent (10%) of such costs and expenses.
"Dark Fibers" refers to those Fibers determined by PROVIDER to be excess capacity in
its Fiber Optic Cable Facilities, provided without electronics or optronics, and which are not "lit"
or activated.
"Effective Date" means the date on which this Agreement has been fully executed by
both parties.
"Fiber Acceptance Testing" shall have the definition set forth in Exhibit B.
"Fiber Optic Cable Facilities" means the fiber optic cable and fibers contained therein,
including the USER Fibers, and associated splicing connections, splice boxes and vaults, and
conduit.
"Fibers" means any optical fibers contained in the System including the USER Fibers, the
fibers of PROVIDER and the fibers of any third party in the System.
"Fiber Strand Mile" means one Route Mile of each individual strand of fiber optic cable.
Used to calculate the License Payment amount. (Ex: A lease of two fiber strands over 10 miles
equals 20 Fiber Strand Miles). Fiber Strand Miles are rounded to the nearest 0.1 mile for lease
rate calculations.
"Force Majeure Event" shall have the definition set forth in Section 19.1.
"Interconnect Facilities" shall have the definition set forth in Exhibit F.
"License Payment" shall have the definition set forth in Section 3 .1.
"Non-Routine Maintenance" shall have the definition set forth in Section 8.1 below.
"POP" means Point of Presence, and is the point at which two or more different networks
or communication devices build a connection with each other. POP generally refers to an access
point, location or facility that connects to and helps other devices establish a connection with the
Internet.
"Pro Rata Share" means a proportion equal to a fraction, the numerator of which is the
number of USER Fibers and the denominator of which is all Fibers in the affected portion of the
System. If this fraction varies over a particular Segment, then the Pro Rata Share shall be equal
2
to the weighted average (weighted by length) of the relevant portions. For example, if the
fraction for one hundred feet (100') of the affected Segment is 0.1 and the fraction for the
remaining fifty feet (50') of the affected Segment is 0.07, the weighted average for the entire
Segment would be 0.09.
"Route" means the route, including spurs, upon which the System is constructed and
installed consisting of the Route Segments.
"Route Miles" means the actual miles traversed by the Fiber Optic Cable Facilities along
the Route (measured in statute miles); provided that Route Miles in urban networks of one
hundred (100) miles or less may be approximated and do not necessarily reflect the actual Route
Miles of the System
"Route Segments" means the individual identified portions of the Route between each of
the endpoints listed and described in Exhibit A-2 in which the USER Fibers will be located or in
the fiber optic network as described in Exhibit A-2.
"Routine Maintenance" shall have the definition set forth in Section 8.1.
"Scheduled Delivery Date" means the date defined in Section 4.5 below.
"Segment" means a discrete portion of the System and may refer to a Span, a portion
between two POPs or a POP and a System end point, or a portion of the System affected by a
relocation or other circumstance.
"Span" means, a portion of the System between one designated point on the System and
a System end point along the Route from such site.
"System" means PROVIDER's fiber optic communications system constructed along the
Route which will contain the USER Fibers including, but not limited to, the Fiber Optic Cable
Facilities, Fibers, conduits, handholes, manholes and all other appurtenances and components of
said communications system.
"Term" shall have the definition set forth in Section 7. I.
"USER" means the entity named on the face page of this Agreement.
"USER Equipment" shall mean optronics, electronics, optical or electrical equipment, or
materials, facilities, or other equipment utilized by USER in connection with its use of the USER
Fibers.
"USER Fibers" means those certain strands of optical Dark Fibers that USER has
licensed, of the type and quantity specified in Exhibit A-1 and A-2, for each Route Segment and
meeting the specifications in Exhibit C within the Fiber Optic Cable Facilities installed or to be
installed in the Route Segments of the System as identified by PROVIDER prior to
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commencement of Fiber Acceptance Testing under Exhibit B and in which USER shall be
licensed under Article IL
"USER License" shall have the definition set forth in Article IL
"Voluntary Relocations" shall have the definition set forth in Section 8.2.
ARTICLE II
LICENSE
2.1 On the Effective Date of this Agreement, and upon PROVIDER's receipt of
USER's payment of the License Payment for each Route Segment, PROVIDER hereby grants to
USER an exclusive license to use the USER Fibers for the purposes described and subject to the
terms and conditions set forth in this Agreement (the "USER License"). Such license does not
convey, grant or vest to USER any interest or legal title to any real or personal property,
including, without limitation, land, including but not limited to any fee, leasehold, easement or
franchise, Fibers, Fiber Optic Cable Facilities or the System. The USER License does not
include any USER Equipment, including but not limited to any equipment used to transmit
capacity over or "light" the USER Fibers.
2.2 Purposes of Use of the System. USER shall use the System only for the purpose
of the transmission of data. PROVIDER specifically reserves the right to allow the System, with
the exception of the USER Fibers, to be used by other parties and to make additions, deletions or
modifications to the System subject to the rights of USER herein. In the event USER uses the
System to provide in whole or in part services subject to Chapter 66, TEXAS UTILITIES CODE, or
Chapter 283, TEXAS LOCAL GOVERNMENT CODE (as such statutes may be amended in the
future), USER shall apply for the required certifications from the Texas Public Utility
Commission and shall pay PROVIDER the fees provided in such statutory provisions.
ARTICLE III
CONSIDERATION
3.1 Consideration for USER License. In addition to any other consideration
provided for in this Agreement, USER agrees to pay to PROVIDER for the USER License to use
the USER Fibers, a non-recurring payment as set forth on Exhibit A (the "License Payment").
3.2 Charges for Routine Maintenance. USER shall pay PROVIDER a maintenance
fee per Route Mile per month throughout the Term beginning on the Effective Date for each
Route Segment for Routine Maintenance in the amounts set forth on Exhibit A-2. During the
Term, PROVIDER shall send monthly invoices by electronic transmission or U.S. Mail to USER
for such amounts for each calendar month following the Effective Date (with the first invoice
including amounts accrued during the month in which the Effective Date occurs as well as the
payment for the first full following month.). USER shall pay all such invoices within thirty (30)
days after receipt. Payments shall be prorated, as necessary, for partial months in which the
Effective Date occurs or the Term expires. Routine Maintenance charges may be recalculated
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annually prior to the anniversary of the Effective Date. USER will be notified of the adjustment,
if any, prior to the first invoice following the annual anniversary date.
3.3 Charges for Non-Routine Maintenance and Relocations. USER shall pay its
Pro Rata Share of PROVIDER's Costs of performing Non-Routine Maintenance and relocations
(except Voluntary Relocations), if the gross Cost of such work relating to any single event or
multiple, closely related events is greater than $5,000.00. Notwithstanding the foregoing: (a)
PROVIDER shall repair or contract for repair any damage PROVIDER reasonably determines to
be caused by the negligence or willful misconduct of USER, its employees, agents or
contractors, with all Costs of such repairs, including administrative charges to cover
PROVIDER's time to schedule and oversee work, to be reimbursed by USER within twenty (20)
days after its receipt of PROVIDER's invoice therefor, together with reasonable supporting
documentation, (b) PROVIDER shall repair, at its sole expense, any damage PROVIDER
reasonably determines to be caused by the negligence or willful misconduct of PROVIDER, its
employees, contractors or agents but shall not be entitled to charge USER for any portion of the
Costs of such repairs under this Section; and (c) PROVIDER shall not be entitled to
reimbursement from USER for relocations caused by a breach by PROVIDER of any of its
obligations under this Agreement. To the extent a third party not having an interest in the
System or Fibers in the System reimburses some or all of PROVIDER's gross Costs, or to the
extent a third party having an interest in the System or Fibers in the System pays in excess of its
Pro Rata Share (based on the number of Fibers in the System) of such Costs, PROVIDER shall
reduce the gross Costs by the amount of such reimbursement for purposes of computing USER's
Pro Rata Share of such Costs. PROVIDER shall either reflect such reduction in its invoice or
shall promptly refund such reduction when it receives such reimbursement.
3.4 Method of Payment. All payments to PROVIDER set forth in this Article III
shall be made in United States Dollars by wire transfer of immediately available funds to the
account or accounts designated by PROVIDER. In addition to any other remedies set forth in
this Agreement, all late payments not disputed in accordance with Article XX shall bear interest
accruing from the date due until paid at the lesser of 18% annual rate or highest amount
permitted by law.
ARTICLE IV
CONSTRUCTION
4.1 Fiber Acceptance Testing. Exhibit B sets forth Fiber Acceptance Testing
procedures and test deliverables PROVIDER shall provide to USER.
4.2 New Construction. No new construction or installation by PROVIDER 1s
planned or promised as part of this Agreement.
4.3 Notwithstanding any other provision herein to the contrary, USER shall be solely
responsible for obtaining, at its sole cost and expense, any and all necessary franchises,
easements, authorizations or permits specifically required as a result of USER's, as opposed to
PROVIDER's, use or operation of or with the USER Fibers and its operation, maintenance,
repair, and replacement of all USER Equipment associated therewith.
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4.4 Prior Construction. USER acknowledges that some or all of said design,
engineering, installation, construction, splicing and testing described above may have previously
been completed.
4.5 Scheduled Delivery Dates. Subject to extension for delays resulting from Force
Majeure Events and to extension or delay as otherwise permitted or provided in this Agreement,
the "Scheduled Delivery Dates" for completion of, Fiber Acceptance Testing and hand-over of
PROVIDER's test results and the USER Fibers to USER for the Route Segments are set forth in
Exhibit A-2. USER shall have the right, upon reasonable prior written request, to observe testing
of the USER Fibers which occurs after the Effective Date.
ARTICLE V
CONNECTION AND ACCESS TO THE SYSTEM
5.1 Connections. Subject to the provisions herein, USER shall pay for and arrange
all connections of its facilities with the USER Fibers which connections shall only be made at
Connecting Points approved by PROVIDER and in accordance with the procedures set forth in
Exhibit F. USER shall reimburse PROVIDER for any and all Costs incurred by PROVIDER as
a result of making such connections and shall pay any other applicable charges or fees as
specified in Exhibit F.
5.2 No Unauthorized Access to System. USER shall not access any part of the
System without the prior written consent of PROVIDER, and then only upon the reasonable
terms and conditions specified by PROVIDER.
ARTICLE VI
COLLOCATION
No collocation rights or obligations are provided with respect to this Agreement. In the
event collocation space is provided in any PROVIDER facilities, the parties will enter into a
collocation agreement in form acceptable to PROVIDER.
ARTICLE VII
TERM
7 .1 Term. The term of the USER License will commence upon the Effective Date
and shall continue for a period of ten (10) years thereafter unless earlier terminated pursuant to
the terms of this Agreement (the "Term").
7.2 USER's Right to Use the System. USER's right to use the System commences
on the Effective Date, unless there is a Route Segment(s) that has been identified and listed in
Appendix A-2 that PROVIDER and USER agree has not been tested, or test results indicate a
problem that PROVIDER agrees to attempt to correct. In this instance, USER's right to use all or
any part of the System will not occur for these Route Segment(s), until the identified problem
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has been corrected and payment in full of the License Payment has been made by USER to
PROVIDER.
7 .3 Effect of Termination. Upon expiration of the Term or other termination of this
Agreement, USER's right to use the USER Fibers shall automatically expire.
7.4 Survival. The expiration or termination of this Agreement shall not affect the
rights or obligations of any party hereto with respect to any payment hereunder for services
rendered prior to the date of termination, or pursuant to the Articles of this Agreement entitled
Indemnification, Limitation of Liability, Insurance, License Fees, Confidentiality and Proprietary
Information, or pursuant to any other provisions of this Agreement that, by their sense and
context, are intended to survive termination of this Agreement.
ARTICLE VIII
MAINTENANCE AND RELOCATION
8. I Maintenance. During the Term, PROVIDER shall perform all required Routine
Maintenance and Non-Routine Maintenance. "Non-Routine Maintenance" means maintenance
and repair work that PROVIDER is obligated to provide under this Agreement and described in
Exhibit E other than:
(a) the work specifically identified as Routine Maintenance in Exhibit E;
(b) work in which the aggregate amount of Costs incurred as a result of any
single event or multiple, closely related events is less than or equal to Five Thousand and
No/100 Dollars ($5,000); or
(c) work for which USER is obligated to reimburse PROVIDER for all or a
portion of the Costs incurred pursuant to other Articles of this Agreement.
"Routine Maintenance" means maintenance and repair work that is described in Subsections
8.l(a) or 8.l(b).
8.2 Relocation Procedures. Except as provided herein for emergencies, PROVIDER
may relocate, modify or alter all or any portion of the System or any of the facilities used or
required in providing USER with the USER License: (i) if a third party with legal authority to
do so orders or threatens to order such relocation (e.g., through filing or threatening to file a
condemnation suit), (ii) in order to comply with applicable laws, (iii) to prevent or abate
interference with or interruption of the System, or an unreasonable risk thereof, due to the
existence of physical conditions (e.g. rock slides, seismic conditions), (iv) to reduce
governmental fees or taxes assessed against it or USER if mutually agreed by the parties, or (v) if
it determines to do so in its reasonable business judgment. A relocation made solely pursuant to
Clause (v) shall be considered a "Voluntary Relocation." PROVIDER shall provide USER as
much advance notice as possible but shall use reasonable efforts to provide at least sixty (60)
7
calendar days' prior notice of any such relocation, if reasonably feasible. PROVIDER shall have
the right to direct such relocation, modification or alteration, including the right to determine the
extent of, the timing of, and methods to be used for such relocation, provided that any such
relocation:
(a) shall be constructed and tested in accordance with the specifications and
requirements set forth in this Agreement and applicable Exhibits;
(b) shall not result in a materially adverse change to the operations, performance,
Connecting Points with the network of USER, or end points of the Route
Segment; and
(c) shall not unreasonably interrupt service on the System.
8.3 USER shall have no responsibility for costs and expenses relating to the
relocation, modification or alteration of the USER Fibers or the System for the purpose of
meeting the needs of the PROVIDER or any other user. In all cases, USER shall bear the costs
incurred in any rearrangement, relocation, modification or alteration of USER Equipment.
8.4 In the event of an emergency as determined by PROVIDER, PROVIDER may
relocate, modify, or alter the USER Fibers and/or the System without prior notice to USER. In
such event, as soon as reasonably practicable thereafter and not less than seventy-two (72) hours
after having taken such action, PROVIDER will advise USER of the emergency work performed
or the action taken with respect to any emergency modification or alteration of the USER Fibers
and/or the System.
8.5 Suoolv and Maintenance of USER Equipment Excluded. USER
acknowledges and agrees that PROVIDER is not supplying nor is PROVIDER obligated to
supply to USER any USER Equipment, including but not limited to, optronics or electronics or
optical or electrical equipment or other facilities, such as generators, batteries, air conditioners,
fire protection and monitoring and testing equipment, all of which are the sole responsibility of
USER. Nor is PROVIDER responsible for performing any work other than as specified in this
Agreement. PROVIDER shall have no obligation under this Agreement to maintain, repair, or
replace USER Equipment.
8.6 Notwithstanding any other provision of this Agreement, if USER' s Equipment is
not maintained in accordance with this Agreement, and USER has not corrected the violation
within thirty (30) days from receipt of written notice thereof from PROVIDER, PROVIDER may
at its own option correct such conditions at USER's expense. PROVIDER will notify USER
prior to performing such work where practicable. When PROVIDER reasonably believes that
such conditions pose an immediate threat to the safety of PROVIDER's employees or the public,
interfere with the performance of service obligations of PROVIDER, or pose an immediate threat
to the integrity of the System, PROVIDER may perform such work and or take such action at
USER's expense that it deems necessary without first giving notice to USER, and shall be
indemnified by USER for such work in accordance with ARTICLE XIII herein. As soon as
practicable thereafter and not less than seventy-two (72) hours after having taken such action,
8
PROVIDER will advise USER in writing of the work performed or the action taken and make all
reasonable efforts to arrange for reaccommodation of USER' s Equipment so affected. USER
shall be responsible for paying PROVIDER for all Costs incurred by PROVIDER in taking
action under this section.
ARTICLE IX
USE OF THE SYSTEM
9.1 Compliance with Law. USER warrants that its use of the USER Fibers and the
System shall comply in all material respects with applicable government codes, ordinances, laws,
rules, regulations and restrictions and shall not have an adverse effect on the System or its use.
9.2 USER's Rights Exclusive for USER Fibers. USER may use the USER Fibers
for any lawful telecommunications purpose, except sublease, assignment or conveyance to any
other entity or organization. PROVIDER shall have no right to use the USER Fibers during the
Term of this Agreement. Nothing in this Agreement shall limit the City's right to enter into a
Lease Agreement with any other entity or user for Fiber Optic Cable Facilities not covered by
this Agreement.
9.3 Notice of Damage. USER shall promptly notify PROVIDER of any matters
pertaining to any damage or impending damage to or loss of the use of the System that are
known to it and that could reasonably be expected to adversely affect the System. PROVIDER
shall promptly notify USER of any matters pertaining to any damage or impending damage to or
loss of the USER Fibers and/or the System that are known to it and that could reasonably be
expected to adversely affect the USER Fibers and/or USER's use thereof.
9.4 Preventing Interference with Other Fibers. Neither USER nor PROVIDER
shall use equipment, technologies, or methods of operation that knowingly interfere in any way
with or adversely affect the System or the use of the System by the other party or third parties or
their respective Fibers, equipment, or facilities associated therewith. Each party shall take all
reasonable precautions to prevent damage to the System or to Fibers used or owned by the other
party or third parties. Notwithstanding the above, the provisions of this Section shall not prevent
a party from using commercially reasonable equipment, technologies, or methods of operation if
the interference or adverse effect on the other party or a third party results primarily from such
other party or third party's use of equipment, technologies, or methods of operation that are not
commercially reasonable or that are not standard in the telecommunications industry.
9.5 Liens. USER shall not cause or permit any part of the System to become subject
to any mechanic's, materialmen's, or vendor's lien, or any similar lien. If USER breaches its
obligations under this Section, it shall immediately notify PROVIDER in writing, shall promptly
cause such lien to be discharged and released of record without cost to PROVIDER and shall
indemnify PROVIDER against all costs and expenses (including reasonable attorneys' fees and
court costs at trial and on appeal) incurred in discharging and releasing such lien.
9
9.6 Security Interests in System Licensed by PROVIDER. PROVIDER represents
and warrants to USER that as of the Effective Date there are no liens or material encumbrances
on, against or affecting the USER Fibers or USER License under Section 2.1.
ARTICLEX
AUDIT RIGHTS
Right to Audit. Each party shall keep such books and records (which shall be
maintained on a consistent basis and substantially in accordance with generally accepted
accounting principles) as shall readily disclose the basis for any charges (except charges fixed in
advance by this Agreement or by separate agreement of the parties) or credits, ordinary or
extraordinary, billed or due to the other party under this Agreement and shall make them
available for examination, audit, and reproduction by the other party and its agents for a period
of two (2) years after such charge or credit is billed or due. A party shall be entitled to engage an
independent, nationally recognized third party auditing firm (which firm is not regularly used by
such Party for its corporate audit) to verify or determine the proper amount of such charges or
credits billable and payable under the terms and conditions of this Agreement. The party
requesting the audit shall pay all costs of the independent auditor.
ARTICLE XI
WARRANTIES
11.1 Warranties Relating to Agreement Validity. In addition to any other
representations and warranties contained in this Agreement, each party hereto represents and
warrants to the other that:
(a) it has the full right and authority to enter into, execute, deliver, and perform its
obligations under this Agreement;
(b) it has taken all requisite corporate action to approve the execution, delivery, and
performance of this Agreement;
(c) this Agreement constitutes a legal, valid and binding obligation enforceable
against such party in accordance with its terms; and
(d) it has no actual knowledge that its execution of and performance under this
Agreement violates any applicable existing regulations, rules, statutes, or court
orders of any local, state, or federal government agency, court, or body.
11.2 Third Party Warranties. The parties acknowledge and agree that, on and after
the Effective Date, USER's sole rights and remedies with respect to any degradation of the
USER Fibers or for any defect in or failure of the USER Fibers to perform in accordance with
the applicable vendor's or manufacturer's specifications, which failure or defect does not result
from PROVIDER's breach of its construction, maintenance and/or repair obligations under this
10
Agreement, shall be limited to the particular vendor's or manufacturer's warranty with respect
thereto.
11.3 EXCLUSION OF WARRANTIES. EXCEPT AS SPECIFICALLY SET
FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTY TO USER OR ANY
OTHER ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE
INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, USEFUL LIFE,
FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF
ANY FIBERS, THE SYSTEM, OR ANY SERVICE PROVIDED HEREUNDER OR
DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH
WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. AS A
MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, PROVIDER
AND USER AGREE THAT ACCESS TO PROVIDER FIBER OPTIC CABLE FACILITIES IS
ON AN "AS-IS" BASIS.
ARTICLE XII
DEFAULT
12.1 Default and Cure. Except as set forth in Section 12.2, a party shall not be in
default under this Agreement unless and until the other party provides it written notice of a
material default and the first party shall have failed to cure the same within fourteen (14)
calendar days after receipt of such notice; provided, however, that where a material default
cannot reasonably be cured within such fourteen (14) day period, if the first party shall proceed
promptly to cure the same and prosecute such curing with due diligence, the time for curing such
default shall be extended for such period of time as may be necessary to complete such curing.
Any event of default may be waived at the non-defaulting party's option. Upon any failure of a
party to timely cure any material default after notice thereof from the other party and expiration
of the above cure periods, then the non-defaulting party may, subject to the terms of Articles
XIV (Limitation of Liability); (i) take such action as the non-defaulting party deems necessary
and appropriate to remedy and cure the default at the expense of the defaulting party; (ii) as to
PROVIDER, suspend its performance under this Agreement in accordance with and subject to
Section 12.2; (iii) as to any monetary obligation of the defaulting party, enforce payment thereof,
including interest as provided herein together with reimbursement of reasonable attorney's fees
expended in the collection of the amounts due; and/or (iv) take any other action expressly
authorized for such default pursuant to the terms of this Agreement.
12.2 Disconnection for Failure to Pay. In addition to the remedies set forth in
Section 12.1 and notwithstanding any provisions to the contrary, if USER fails to fully pay any
amount invoiced under this Agreement within seven (7) days of the due date,, PROVIDER may,
in addition to any other remedies that it may have under this Agreement or by law, in its sole
discretion and without liability for damages, take the following actions upon thirty (30) calendar
days' notice if such payment (together with applicable interest) is not made within such 30-day
period:
(a) disconnect the USER Fibers from any POP or Connecting Point;
11
(b) remove, or require USER to remove, any USER Equipment from PROVIDER's
premises, if any, upon commercially reasonable notice; And/or
(c) terminate this Agreement, and take full right and possession of USER Fibers.
12.3 Termination by PROVIDER. PROVIDER may terminate this Agreement for
all or a portion of the USER Fibers upon giving no less than 360 days notice,, if: (i) PROVIDER
decides for any reason to terminate operation and maintenance of the System; or (ii) in the event
PROVIDER determines that it needs the System and USER Fibers for its own uses. Any fees
paid in advance by USER shall be refunded on the date the termination is effective. PROVIDER
agrees that it will not terminate this Agreement under this provision ifthere are other Dark Fibers
that are not in use or held in reserve by PROVIDER that are available for use and meet
PROVIDER's needs.
12.4 Termination by USER. USER may terminate this Agreement for all or a portion
of the USER Fibers so long as USER has fully paid any and all Costs and accrued fees due to
PROVIDER for the terminated Fiber.
12.5 Immediate Termination. Immediate termination shall occur if this Agreement is
ruled illegal, in whole or in part, by the ruling of a court of competent jurisdiction, or if the
Agreement is prohibited or made impractical to perform by an action of the Texas Legislature or
other branch or agency of Texas government; or if the Agreement is determined by PROVIDER
to be infeasible or impractical to perform as the result of a legal claim or challenge.
12.6 Interest. If either PROVIDER or USER fails to make any payment under this
Agreement when due, such amounts shall accrue interest, from the date such payment is due
until paid, including accrued interest, at the rate specified in Section 3.4 or, if lower, the highest
percentage allowed by law.
12.7 Bankruptcy. A declaration of bankruptcy by USER will result in immediate
termination of this Agreement and relinquishment of any right to use or occupy USER Fibers.
ARTICLE XIII
INDEMNIFICATION
13.1 Indemnification. USER ("INDEMNITOR") SHALL PROTECT, DEFEND,
HOLD HARMLESS AND INDEMNIFY PROVIDER, ITS OFFICERS, AGENTS,
EMPLOYEES FROM, AND ASSUME LIABILITY FOR, ANY AND ALL CLAIMS,
DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY
PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY,
TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING
OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY
PERSON UNDER THIS AGREEMENT. IT IS THE INTENT OF THE PARTIES
THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL
CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT,
JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF PROVIDER, AN ALLEGED
12
BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY PROVIDER OR WHICH
ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY.
13.2 Release. USER releases, relinquishes, and discharges PROVIDER, its
officers, agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to, sickness or death of
the USER or its employees and any loss of or damage to any property of USER or its
employees that is caused by or alleged to be caused by, arises out of, or is in connection
with this Agreement. Both PROVIDER and USER expressly intend that this release shall
apply regardless of whether said claims, demands, and causes of action are covered, in
whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage
suffered by USER or its employees, but not otherwise, this release shall apply regardless of
whether such loss, damage, injury, or death was caused in whole or in part by PROVIDER,
any other party released hereunder, USER, or any third party.
13.3 Claims of Customers. In addition to the foregoing indemnities, with respect
to third parties that use services provided over the USER Fibers, USER shall defend,
indemnify and hold harmless PROVIDER against any claims by such third parties for
damages arising or resulting from any defect in or failure of the USER Fibers or the
System.
13.4 Material and Continuing Obligation. USER's obligation to indemnify, defend,
protect, and save PROVIDER harmless is a material obligation to the continuing performance of
PROVIDER's obligations hereunder.
ARTICLE XIV
LIMITATION OF LIABILITY
14.1 GENERAL EXCLUSION OF CONSEQUENTIAL DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY,
NEITHER PARTY NOR ANY OF THE OFFICERS, EMPLOYEES, OR AGENTS OF A
PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR LOST
REVENUES OR PROFITS, COST OF REPLACEMENT FACILITIES OR SERVICES
(WHETHER ARISING OUT OF TRANSMISSION INTERRUPTIONS OR PROBLEMS, ANY
INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), WHETHER OR
NOT FORESEEABLE, SUFFERED BY SUCH OTHER PARTY AS A RESULT OF THE
PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS
AGREEMENT, OR ITS ACTS OR OMISSIONS RELATED TO THIS AGREEMENT OR ITS
USE OF THE SYSTEM, WHETHER OR NOT ARISING FROM SOLE, JOINT OR
CONCURRENT NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW BREACH OF
CONTRACT, BREACH OF WARRANTY OR ANY OTHER SOURCE EVEN IF THE
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
TOTAL LIABILITY OF PROVIDER FOR ANY CLAIM OR DEMAND OF USER ARISING
OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID
BY USER TO PROVIDER PRIOR TO THE DA TE OF THE CLAIM OR DEMAND.
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14.2 Pursuit of Actions Against Third Parties. Nothing contained in this Agreement
shall operate as a limitation on the right of either PROVIDER or USER to bring an action or
claim for damages against any third party (other than officers, agents, and employees).
14.3 Customer Contracts. USER, in any contract or tariff offering of service,
capacity, or rights of use that in any of the preceding instances involves use of the System, shall
include in such contract or tariff a written limitation of liability that is binding on USER's
customers and in all material respects at least as restrictive as the limitations set forth in Section
14.1.
ARTICLE XV
INSURANCE
Obligation to Obtain.
During the term of this Agreement, USER's msurance policies shall meet the following
requirements:
I. Standard Insurance Policies Required:
A. Commercial General Liability
B. Business Automobile Liability
C. Workers' Compensation
II. General Requirements Applicable to All Policies:
A. Only Insurance Carriers licensed and admitted to do business in the State of Texas
will be accepted.
B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only
on a per occurrence basis for property damage only.
C. "Claims made" policies are not accepted.
D. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City of College Station.
E. Upon request, certified copies of all insurance policies shall be furnished to the
City of College Station.
F. The City of College Station, its officials, employees and volunteers, are to be
named as "Additional Insured" to the Commercial General and Business
Automobile Liability policies. The coverage shall contain no special limitations
14
on the scope of protection afforded to the City, its officials, employees or
volunteers.
III. Commercial General Liability
A. General Liability insurance shall be written by a carrier with a A:VIII or better
rating in accordance with the current Best Key Rating Guide.
B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage
with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to
be per Project.
C. Coverage shall be at least as broad as ISO form GC 00 01.
D. No coverage shall be excluded from the standard policy without notification of
individual exclusions being attached for review and acceptance.
E. The coverage shall include but not be limited to the following:
premises/operations with separate aggregate; independent contracts; products/completed
operations; contractual liability (insuring the indemnity provided herein) Personal & Advertising
Liability; and, Explosion, Collapse, and Underground coverage.
IV. Business Automobile Liability
A. Business Automobile Liability insurance shall be written by a carrier with a
A: VIII or better rating in accordance with the current Best Key Rating Guide.
B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily
injury and property damage.
C. Coverage shall be at least as broad as Insurance Service's Office Number CA 00
01.
D. The Business Auto Policy must show Symbol I in the Covered Autos Portion of
the liability section in Item 2 on the declarations page.
E. The coverage shall include owned, leased or rented autos, non-owned autos, any
autos and hired autos.
F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a
limit of $1,000,000.00.
V. Those policies set forth in Paragraphs III and IV shall contain an endorsement naming the
City as an additional insured and further providing that those policies are primary to any
insurance policies procured by PROVIDER. The additional insured endorsement shall be
15
in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at
least as broad as ISO form 2404 shall be provided in favor of PROVIDER on all policies
obtained by USER in compliance with the terms of this Agreement. USER shall be
responsible for all deductibles which may exist on any policies obtained in compliance
with the terms of this Agreement. All coverage for subcontractors shall be subject to all
of the requirements stated herein. All Certificates of Insurance and endorsements shall be
furnished to PROVIDER's Representative at the time of execution of this Agreement,
attached hereto as Exhibit G, and approved by PROVIDER before work commences.
VI. Workers' Compensation Insurance
A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas
Administrative Code, all employees of USER, all employees of any and all
subcontractors, and all other persons providing services under this Agreement
must be covered by a workers' compensation insurance policy: either directly
through their employer's policy (USER's or subcontractor's policy) or through an
executed coverage agreement on an approved Texas Department of Insurance
Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor
does not have his or her own policy and a coverage agreement is used, contractors
and subcontractors must use that portion of the form whereby the hiring
contractor agrees to provide coverage to the employees of the subcontractor. The
portion of the form that would otherwise allow them not to provide coverage for
the employees of an independent contractor may not be used.
B. The worker's compensation insurance shall include the following terms:
1. Employer's Liability limits of $1,000,000.00 for each accident are
required.
2, "Texas Waiver of Our Right to Recover From Others Endorsement, WC
42 03 04" shall be included in this policy.
3. Texas must appear in Item 3A of the Workers Compensation coverage or
Item 3C must contain the following: All States except those listed in Item
3A and the States of NV, ND, OH, WA, WV, and WY.
C. Pursuant to the explicit terms of Title 28, Section 110.110( c) (7) of the Texas
Administrative Code, this Agreement, and all subcontracts providing services under this
Agreement must include the following terms and conditions in the following language, without
any additional words or changes, except those required to accommodate the specific document in
which they are contained or to impose stricter standards of documentation:
"A. Definitions:
Certificate of coverage ("certificate'') -A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the Division of Workers
16
Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84),
showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ("subcontractors" in§ 406.096 [of the
Texas Labor Code}) -includes all persons or entities performing all or part of the
services the Contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the Contractor and regardless of
whether that person has employees. This includes, without limitation,
independent Contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
that meets the statutory requirements of Texas Labor Code, Section 401.011(44)
for all employees of the Contractor providing services on the project, for the
duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of
coverage ends during the duration of the project, the Contractor must, prior to
the end of the coverage period, file a new certificate of coverage with the
governmental entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on
the project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven calendar days after receipt by the Contractor,
a new certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends during
17
the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified
mail or personal delivery, within 10 calendar days after the Contractor knew or
should have known, or any change that materially affects the provision of
coverage of any person providing services on the project.
H The Contractor shall post on each project site a notice, in the text, form
and manner prescribed by the Division of Workers Compensation, informing all
persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
I The Contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that
meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all of its employees providing services on the project, for
the duration of the project;
(2) provide to the Contractor, prior to that person beginning work on
the project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the project,
for the duration of the project;
(3) provide the Contractor, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain.from each other person with whom it contracts, and provide
to the Contractor:
(a) A certificate of coverage, prior to the other person
beginning work on the project; and
(b) A new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if the coverage
period shown on the current certificate of coverage ends during
the duration of the project;
(5) retain all required certificates of coverage on file for the duration
18
of the project and for one year thereafter;
(6) notifY the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the person knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(7) Contractually require each person with whom it contracts to
perform as required by paragraphs (a) -(g), with the certificates of
coverage to be provided to the person for whom they are providing
services.
J. By signing this contract, or providing, or causing to be provided a
certificate of coverage, the Contractor is representing to the governmental entity
that all employees of the Contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the project;
that the coverage will be based on proper reporting of classification codes and
payroll amounts; and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
Commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach
of contract by the Contractor that entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten calendar
days after receipt of notice of breach.from the governmental entity."
VII. Certificates of Insurance shall be prepared and executed by the insurance company or its
authorized agent, and shall contain the following provisions and warranties:
A. The company is licensed and admitted to do business in the State of Texas.
B. The insurance policies provided by the insurance company are underwritten on
forms provided by the Texas State Board oflnsurance or ISO.
C. All endorsements and insurance coverages according to requirements and
instructions contained herein.
D. The form of the notice of cancellation, termination, or change m coverage
provisions to the City of College Station.
E. Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
19
ARTICLE XVI
TAXES AND FEES
16.1 USER Obligations. For periods subsequent to the Acceptance Date, USER shall
timely report, make filings for, and pay any and all sales, use, income, gross receipts, excise,
transfer, ad valorem, property or other taxes, and any and all charges, surcharges, franchise fees
or similar fees (collectively, "Assessments") assessed against it due to its ownership of the
USER IRU, its use of the USER Fibers, including the provision of services over the USER
Fibers, its use of any other part of the System, or its ownership or use of equipment or facilities
connected to the USER Fibers. The above obligation applies to Assessments applicable to the
license of the USER IRU or Assessments imposed on or based upon the provision or sale of
maintenance, collocation, or other PROVIDER services provided pursuant to this Agreement;
provided that, with regard to such Assessments, if required by law, PROVIDER shall charge
USER and USER shall pay to PROVIDER such Assessments unless USER provides
PROVIDER with a valid resale or other exemption certificate acceptable to PROVIDER.
16.2 PROVIDER Obligations. Subject to Section 16. l above, PROVIDER shall
timely report and pay any and all Assessments assessed against it due to its construction,
ownership or use of the System, provided that, in the event that any property taxes (including ad
valorem, use, property, or similar taxes, franchise fees, or Assessments that are based on the
value of property or of a property right) are imposed on PROVIDER with respect to any portion
of the System that includes the USER IRU, the USER Fibers or the Associated Conduit, and the
USER IRU, the USER Fibers or the Associated Conduit are not separately assessed by the taxing
authority imposing such property taxes, USER shall reimburse PROVIDER within thirty (30)
days of receipt of invoice from PROVIDER for USER's Pro Rata Share of such property taxes.
PROVIDER shall provide USER with all information reasonably requested by USER with
respect to any such property tax reimbursement sufficient to verify USER' s Pro Rata Share. In
the event PROVIDER receives a refund or credit of any property taxes previously reimbursed in
whole or in part by USER under the provisions of this Section 16.2, PROVIDER shall, within
thirty (30) days of its receipt of such refund or credit, advance USER its Pro Rata Share of such
refund or credit with related accrued interest paid or credited by the taxing authority (if any) and
PROVIDER shall provide USER with all information reasonably requested by USER to verify
USER's Pro Rata Share of the refund or credit.
16.3 Reimbursement of Taxes Paid on USER's Behalf. If PROVIDER is assessed
for any Assessments related to USER's ownership of the USER IRU or USER's use of the
USER Fibers or any Assessments that USER is obligated to pay pursuant to Sections 16.1 or
16.2, PROVIDER shall, within thirty (30) days of its receipt of such Assessment, provide USER
with a copy of such Assessment, and all information reasonably requested by USER with respect
to such Assessment including, without limitation, the amount and due date for payment of the
Assessment. USER shall, at its option, pay the amount of such Assessment (i) directly to the
appropriate taxing authority, or (ii) to PROVIDER at least ten (10) business days prior to the due
date of such Assessment, in which case PROVIDER shall promptly pay the amount of such
Assessment to the appropriate taxing authority. If USER elects to pay the Assessment directly to
20
the appropriate taxing authority, USER shall notify PROVIDER in writing of its intentions at
least ten (10) business days prior to the due date of such Assessment and USER shall provide
PROVIDER all information reasonably requested by PROVIDER to provide evidence of
USER's payment of the Assessment. USER, at its option, shall have the right, at its sole cost, to
contest any such Assessments. If USER elects to contest any Assessment subject to this Section,
USER shall notify PROVIDER in writing of its intention to contest the Assessment and
PROVIDER will reasonably cooperate with USER in pursuing any such contest. USER, at its
option, may pay the Assessment prior to any such contest, or contest the Assessment without
payment; provided that (i) USER shall take such steps as are reasonably necessary to prevent
any forfeiture of PROVIDER's rights or property, or the imposition of any lien on the System
and (ii) USER shall indemnify and hold PROVIDER harmless from any expense, legal action or
cost, including reasonable attorneys' fees, resulting from USER's exercise of its rights to contest
an Assessment under this Section. If, within ten ( 10) business days prior to the due date of such
Assessment, USER does not pay the Assessment to PROVIDER, notify PROVIDER in writing
of its intentions to pay the Assessment directly to the appropriate taxing authority, or notify
PROVIDER in writing of its intention to contest the Assessment, then PROVIDER, in its sole
discretion, may pay the Assessment and invoice USER for reimbursement. In such case, USER
shall reimburse PROVIDER within thirty (30) days of receipt of invoice from PROVIDER. In
the event PROVIDER receives a refund or credit of an Assessment previously paid to a taxing
authority by USER or PROVIDER under the provisions of this Section, PROVIDER shall,
within thirty (30) days of its receipt of such refund or credit, advance USER such refund or credit
with related accrued interest paid or credited by the taxing authority, if any, and PROVIDER
shall provide USER with all information reasonably requested by USER with respect to the
refund or credit.
16.4 Cooperation and Efforts to Reduce Tax. The parties shall cooperate in any
contest of any Assessments and in making tax-related reports and filings, so as to avoid, to the
extent reasonably possible, prejudicing the interests of the other party and the parties shall use
commercially reasonable and acceptable efforts to reduce or eliminate any Assessments
described in this Article XVI.
16.5 Penalties and Interest. Notwithstanding any other provision of this Article XVI,
in the event that either party to this Agreement incurs penalties, interest, or additional
Assessments as a result of non-compliance, non-payment, or delinquent payment of any
Assessment discussed under this Article XVI when due, the party causing the incurrence of the
penalty, interest or additional Assessment shall be solely responsible for such penalty, interest or
additional Assessment.
ARTICLE XVII
NOTICE
17.1 Notice Addresses. Unless otherwise provided in this Agreement, all notices and
communications concerning this Agreement shall be in writing and addressed to the other party
as follows:
21
Ifto PROVIDER: City of College Station
Attn: City Manager
PO Box 9960
Ifto USER:
310 Krenek Tap Rd.
College Station, Texas 77842
Facsimile: 979-764-3489
CEO Etc.
Attn: Chase Giles, Director of Technology
3001 Earl Rudder Fwy. S
College Station, Texas 77845
or at such other address as may be designated in writing to the other party.
17.2 Notice Deliverv. Unless otherwise provided herein, notices shall be hand
delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial overnight
delivery service, and shall be deemed served or delivered to the addressee or its office when
received at the address for notice specified above when hand delivered, on the day after being
sent when sent by overnight delivery service, or upon receipt as evidenced by the return receipt
for registered or certified U.S. Mail.
ARTICLE XVIII
CONFIDENTIALITY
18.1 Confidentiality Obligations. The parties acknowledge that USER will disclose
proprietary and confidential network and business information to PROVIDER in order to
perform under this Agreement. This information if disclosed to competitors of either party,
would give or increase such competitors' advantage over the party or diminish that party's
advantage over its competitors ("Confidential Information"). PROVIDER agrees to take all
reasonable steps to protect such proprietary and confidential information from public disclosure,
and to make available such information internally only to PROVIDER personnel with a need to
know or to its legal counsel, or as otherwise required by law or court order. In the event of a
request under the Texas Open Records Act, PROVIDER will respond as provided in TEXAS
GOVERNMENT CODE, Section 552.305.
18.2 Publicity and Advertising.
(a) Neither party shall publish or use any advertising, sales promotions, or
other publicity materials that use the other party's logo, trademarks, or service marks
without the prior written approval of the other party.
(b) Each party shall have the right to review and approve any publicity
material, press releases, or other public statements by the other that refer to such party or
that describe any aspect of this Agreement. Each party agrees not to issue any such
publicity materials, press releases, or public statements without the prior written approval
22
of the other party, except as is required to comply with federal or state laws.
(c) Nothing in this Agreement establishes a lease, license or right for either
party to use any of the other party's brands, marks, or logos without prior written
approval of the other party.
ARTICLE XIX
FORCE MAJEURE
19.1 Excused Performance. Neither PROVIDER nor USER shall be in default under
this Agreement with respect to any delay in its performance (other than a failure to make
payments when due) caused by any of the following conditions (each a "Force Majeure Event"):
(a) act of God; (b) fire; (c) flood; (d) material shortage or unavailability not resulting from the
responsible party's failure to timely place orders or take other necessary actions therefor; (e)
government codes, ordinances, laws, rules, regulations, or court orders; (f) war or civil disorder;
or (g) any other cause beyond the reasonable control of such party. The party claiming relief
under this Article shall promptly notify the other in writing of the existence of the Force Majeure
Event relied on, the expected duration of the Force Majeure Event, and the cessation or
termination of the Force Majeure Event. The party claiming relief under this Article shall
exercise commercially reasonable efforts to minimize the time for any such delay.
19.2 Damage or Destruction.
(a) USER's Fibers. In the event of a total or partial destruction of substantially all of
USER Equipment where such casualty occurs as a result of an event of Force
Majeure, whether or not such casualty is covered under a policy of insurance
carried by USER, this Agreement may be terminated at the option of USER, or
USER at its sole cost and expense, may commence and complete as soon as
practicable the repair or restoration of the damaged USER Equipment, or any part
thereof.
(b) System._In the event of a total or partial destruction of the System, or any part
thereof, including USER Fibers, where such casualty occurs as a result of an
event of Force Majeure, whether or not such casualty is self-insured or covered
under a policy of insurance carried by PROVIDER, the Agreement may be
terminated at PROVIDER's option, or PROVIDER, at its sole cost and expense,
may commence and complete as soon as practicable, the repairs or restoration of
the damaged System, or any part thereof, including USER Fibers, to substantially
their same condition immediately before the event of destruction. If PROVIDER
elects to terminate the Agreement, PROVIDER shall be relieved of any obligation
to USER, and USER shall be released from its obligations under this Agreement.
ARTICLE XX
PAYMENT DISPUTE RESOLUTION
23
USER and PROVIDER shall attempt in good faith to resolve any bona fide dispute
arising out of or relating to any monetary obligation under this Agreement as expeditiously as
possible by negotiations between an executive of USER or his or her designated representative
with sufficient authority to negotiate a resolution of the dispute and an executive of PROVIDER
with similar authority. Either USER or PROVIDER may give the other party written notice of
any such payment dispute which notice shall include documentation substantiating the dispute.
Within twenty (20) days after delivery of notice of a payment dispute as described above, the
designated executives shall meet at a mutually acceptable time and place, and thereafter as often
as they reasonably deem necessary to exchange information and to attempt to resolve the dispute.
If the matter has not been resolved within thirty (30) days after the first meeting, Section 12.2
herein shall apply.
ARTICLEXXI
RULES OF CONSTRUCTION
21.1 Interpretation. The captions or headings in this Agreement are strictly for
convenience and shall not be considered in interpreting this Agreement or as amplifying or
limiting any of its content. Words in this Agreement that import the singular connotation shall
be interpreted as plural, and words that import the plural connotation shall be interpreted as
singular, as the identity of the parties or objects referred to may require. References to "person"
or "entity" each include natural persons and legal entities, including corporations, limited
liability companies, partnerships, sole proprietorships, business divisions, unincorporated
associations, governmental entities, and any entities entitled to bring an action in, or that are
subject to suit in an action before, any state or federal court of the United States. The word
"including" means "including, but not limited to." "Days" refers to calendar days, except that
references to "banking days" exclude Saturdays, Sundays and holidays during which nationally
chartered banks in Houston, Texas are authorized or required to close. Unless expressly defined
herein, words having well-known technical or trade meanings shall be so construed.
21.2 Cumulative Remedies; Insurance. Except as set forth to the contrary herein,
any right or remedy of PROVIDER or USER allowed by this Agreement shall be cumulative and
without prejudice to any other right or remedy set forth herein. The provisions of Article XV
(Insurance) shall not be construed as limiting the Indemnitor's obligations pursuant to Article
XIII (Indemnification) or other provisions of this Agreement.
21.3 No Third-Party Rights. Nothing in this Agreement is intended to provide any
legal rights to anyone not an executing party of this Agreement.
21.4 Agreement Fully Negotiated. This Agreement has been fully negotiated
between and jointly drafted by PROVIDER and USER.
21.5 Document Precedence. In the event of a conflict between the provisions of this
Agreement and those of any Exhibit, the provisions of this Agreement shall prevail and such
Exhibits shall be corrected accordingly.
24
21.6 Industry Standards. Except as otherwise set forth herein, for the purpose of this
Agreement the normal standards of performance within the telecommunications industry in the
relevant market shall be the measure of whether a party's performance is reasonable and timely.
21.7 Cross References. Except as the context otherwise indicates, all references to
Exhibits, Articles, Sections, Subsections, Clauses, and Paragraphs refer to provisions of this
Agreement.
21.8 Limited Effect of Waiver. The failure of either PROVIDER or USER to enforce
any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be
construed as a general waiver or relinquishment on its part of any such provision, but the same
shall nevertheless be and remain in full force and effect.
21.9 Applicable Law. This Agreement shall be governed by and construed in
accordance with the domestic laws of the State of Texas without reference to its choice of law
principles. The laws of such state shall govern the statute of limitations and the remedies for any
wrongs that may be found.
21.10 Severability. If any term, covenant or condition in this Agreement shall, to any
extent, be invalid or unenforceable in any respect under the laws governing this Agreement, the
remainder of this Agreement shall not be affected thereby, and each term, covenant or condition
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
21.11 No Partnership Created. The relationship between PROVIDER and USER
shall not be that of partners, agents, or joint venturers for one another, and nothing contained in
this Agreement shall be deemed to constitute a partnership or agency agreement between them
for any purposes, including federal income tax purposes. PROVIDER and USER, in performing
any of their obligations hereunder, shall be independent contractors or independent parties and
shall discharge their contractual obligations at their own risk.
ARTICLE XXII
ASSIGNMENT
22.1 Restrictions on Assignment. Except as otherwise provided herein, USER may
not sell, assign, sublease or otherwise transfer in whole or in part (whether voluntarily or by
action of law), directly, indirectly, or contingently this Agreement or any interest herein to any
third party.
22.2 Assignments to Particular Classes of Entities. The provisions of Section 22.1
notwithstanding:
(a) Assignment to Affiliate. USER may assign, sublease, or otherwise transfer in
whole or in part (whether voluntarily or by action of law), directly, indirectly, or
contingently this Agreement or any interest herein to an Affiliate, so long as that
Affiliate provides information to PROVIDER within thirty (30) days of the
25
assignment, establishing that it has the ability to meet the financial obligations
under this Agreement. If Affiliate fails to meet this criteria set forth above, the
Assignment shall be null and void.
(b) Assignment to Third Party Providing Similar Services. USER may assign,
sublease, or transfer, pursuant to a merger, sale or transfer of all or substantially all of the
assets or stock of USER, all of its rights and obligations under this Agreement to any
party that provides similar services as USER, so long as the surviving or purchasing
entity assumes, in writing, all of the obligations of USER under this Agreement, and
provides information acceptable to PROVIDER within thirty (30) days after the
Assignment, sublease, transfer, merger or sale, sufficient to satisfy PROVIDER that the
proposed assignee can meet those obligations. If the proposed assignee cannot establish
to PROVIDER's reasonable satisfaction that it can meet those obligations, then the
assignment shall be null and void.
22.3 Agreement Binds Successors. This Agreement and the rights and obligations
under this Agreement (including the limitations on liability and recourse set forth in this
Agreement benefiting the other party) shall be binding upon and shall inure to the benefit of
PROVIDER and USER and their respective permitted successors and assigns.
22.4 Change in Control Not an Assignment. Notwithstanding any presumptions
under applicable state law that a change in control of a party constitutes an assignment of an
agreement, a change in control of a party, not made for purposes of circumventing restrictions on
assignment or of depriving the other party of rights under this Agreement, shall not be deemed
an assignment for purposes of this Agreement.
22.5 Right to Subcontract. PROVIDER may subcontract for testing, maintenance,
repair, restoration, relocation, or other operational and technical services it is obligated to
provide hereunder or may have its contractor perform such obligations.
22.6 Financing Arrangements. Subject to Section 9.6, either party shall have the
right, directly or through an Affiliate, to enter into financing arrangements (including secured
loans, leases, sales with lease-back, or leases with lease-back arrangements, purchase-money or
vendor financing, conditional sales transactions, or other arrangements) with one or more
financial institutions, vendors, suppliers or other financing sources (individually and collectively,
"Lenders"), that, with respect to PROVIDER, relate to the System and, with respect to USER,
relate to the USER License (and not to any property right in the System).
26
ARTICLE XXIII
ENTIRE AGREEMENT; AMENDMENT; EXECUTION
23.1 Integration; Exhibits. This Agreement constitutes the entire and final agreement
and understanding between PROVIDER and USER with respect to the subject matter hereof and
supersedes all prior agreements relating to the subject matter hereof, which are of no further
force or effect. The Exhibits referred to herein are integral parts hereof and are made a part of
this Agreement by reference.
23.2 No Parol Amendment. This Agreement may only be amended, modified, or
supplemented by an instrument in writing executed by duly authorized representatives of
PROVIDER and USER.
23.3 Counterparts. This Agreement may be executed in one or more counterparts, all
of which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF and in confirmation of their consent to the terms and
conditions contained in this Agreement and intending to be legally bound hereby, PROVIDER
and USER have executed this Agreement as of the dates set forth opposite the signatures of their
respective authorized officers below.
"PROVIDER":
CITY OF COLLEGE STATION
Kelly Templin, City Manager
ATTEST:
Tanya McNutt, City Secretary
APPROVED:
Assistant City Manager/CFO
27
Carla A. Robinson, City Attorney
"USER":
CEO Etc.
Date: '19 /;I./ /2ot 7
I
28
EXHIBIT A-1
MAP OF ROUTES COVERED BY THIS LEASE
The routes covered by this Lease Agreement are highlighted in green on the below map.
\ ..
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·~~"'" ..,,,,.., -
+N ~
W E~·~··
s
•'
Soult es Esn HERE Delorme USGS lntermap INCREMENTP NRCan Esrl Japan METI, Esri CbN
{Hong KOOi]) ESfl K~a Esrl (lMlaA.'I> Mapmylndla hlGCC .:OOpenstreelMap C.Ofl!nbultr.; and me GlS
usercommuntty
Exhibit A 1, Page 1
EXHIBIT A-2
ROUTE SEGMENT LISTING AND PAYMENT AMOUNTS
Right to Fibers on PROVIDER System Route Segments
Two (2) fiber strands on the main city fiber ring as shown in Exhibit A
Four (4) fiber strands on the Route Segment running from the College Station Utility Service Center
(1601 Graham Rd.) to the splice point in the vicinity of William D. Fitch & Lakeway Dr.
Four (4) fiber strands on the Route Segment running from College Station Utility Service Center
(1601 Graham Rd.) to the splice point in the vicinity of Greens Prairie Trail & Wellborn Road
Initial Route Segments
Two (2) fiber strands on the main city fiber ring as shown in Exhibit A
Four (4) fiber strands on the Route Segment running from the College Station Utility Service Center
(1601 Graham Rd.) to the splice point in the vicinity of William D. Fitch & Lakeway Dr.
Four (4) fiber strands on the Route Segment running from College Station Utility Service Center
(1601 Graham Rd.) to the splice point in the vicinity of Greens Prairie Trail & Wellborn Road
Calculation of License Payment Amount
The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand
Mile.
Fiber Ring Distance
USC -WO Fitch & Lakeway segment
USC -Greens Prairie & Wellborn Rd segment
23.0 miles
3.1 miles
7.0 miles
Total miles 33.1 miles
Two (2) fiber strands for Ring, Four (4) fiber strands for USC to WO Fitch & Lakeway
segment and four (4) fiber strands for USC to Greens Prairie & Wellborn segment
2 fiber strands x 23.0 miles= 46.0 Fiber Strand Miles
4 fiber strands x 3 .1 miles = 12.4 Fiber Strand Miles
4 Fiber strands x 7.0 miles= 28 Fiber Strand Miles
86.4 Fiber Strand Miles x $500.00/Fiber Strand Miles
Payment Amount
Calculation of Maintenance Amount
$43,200.00 User License
Following the Effective Date for each USER Fiber on a Route Segment, USER will pay an annual
maintenance fee per Fiber Mile per year. The annual maintenance will be calculated annually and is
based on the personnel cost (payroll and benefits) times the estimated percent of city staff time spent
Exhibit A-2, Page 1
conducting fiber operations and maintenance activities. This amount provides the total staff cost
devoted to fiber operations and maintenance activities. This amount is then divided by the total
number of fiber strand miles to determine the annual maintenance cost per fiber strand mile
City staff cost devoted to fiber activities
Total city fiber optic strand miles
$77,306
2,192
Maintenance cost per fiber optic strand mile: $77,306/2192 = $35.27 per fiber strand mile
Annual maintenance cost: $35.27/fiber strand mile x 86.4 fiber strand miles leased= $3, 047.33
Due Date for License Payment
The License Payment shall be paid by USER to PROVIDER as follows:
(a) 100% of the License Payment and the first year Maintenance Amount is due and
payable upon execution of the Agreement by the parties.
Exhibit A-2, Page 2
Initial IRUs for Route Segments:
As of the Effective Date, This Lease will be effective for the following Fibers in the following Route
Segments:
Order 1
ROUTE SEGMENTS
Scheduled Estimated Type Estimated Annual Origin/Destination or Network Delivery Route of No.of Fiber Maintenance Description Date Miles Fiber Fibers Miles
Fiber Ring Upon execution 23.0 SM 2 46.0 1622.40
USC -WD Fitch & Lakeway Upon execution 3.1 SM 4 12.4 437.35
USC-Greens Prairie&Wellbom Upon execution 7.0 SM 4 28.0 987.56 . .Rd.
Totals: ' ' ·' 33.1
,,
86.4 $3,047.33 ..... --··· .
Process for Additional USER Fibers Elections Following the Effective Date:
USER may request availability of additional Fibers on Route Segments by written notice to
PROVIDER identifying the Route Segment and number of Fibers requested. Subject to verification
of availability by PROVIDER within fourteen (14) business days of written notice of the request,
PROVIDER and USER may execute additional Lease Agreements, or amend this Agreement to
include additional Fibers or Route Segments.
Exhibit A-2, Page 3
EXHIBIT B
Fiber Cable Splicing, Testing and Acceptance Procedures
1. PROVIDER will perform all tests, provide documentation, and meet the standards
identified in this exhibit. Analysis of final bi-directional OTDR data will be the tool used to
make final acceptance of the fibers.
2. ACCEPTANCE STANDARDS
A. Bi-directional Traces
Bi-directional OTDR traces will be taken without a launch reel. OTDR traces should be
taken in both directions at 1550 nm. . The traces for all fibers should be recorded on removable
media and provided to the other party.
USER identified Route Segments proposed for coverage by this Agreement to
PROVIDER and testing per this Exhibit has been performed and results provided to USER.
Route Segments listed in Exhibit A-1 are accepted by USER.
B. Light Source and Power Meter Test
A bi-directional End to End test was performed on each fiber in a Span at 1550 nm with a
Light Source and Power Meter. The purpose of this test is to determine actual Span loss and to
prove there is a one-to-one correspondence of all fibers
3. NAMING OF TRACES
OTDR traces taken for bi-directional testing, and the OTDR traces of the splice must be
recorded on removable media and provided to the other party. To name the traces, each party
will provide alpha abbreviations for the sites. The 8-character file name plus 3-numbers,
including fiber strand should follow this example:
First four letters (Provider Approved) = source point
Letters 5, 6, 7, 8 (Provider Approved)= Destination point
3 numbers = fiber number
SOR= file extension
NOTE: ALL HEADER INFORMATION ON OTDR TRACE MUST BE COMPLETED.
4. OTDR SETUP
NOTE: BEFORE THE ST ART ANY TESTING, ALL CONNECTORS WILL BE CLEANED WITH A
CONNECTOR CLEANER.
The OTDR used to perform testing is the EXFO, Model FTB-150 or equivalent model.
The following settings were used.
Index of Refraction
Fiber type 1550 nm
1.4677 All
NOTE: THESE SETTINGS ARE GUIDELINES ONLY. EACH PROJECT OR TESTING SITUATION
MAY REQUIRE ADJUSTMENT OF SETTINGS TO OBTAIN THE BEST TEST RESULTS POSSIBLE.
5. TEST PACKAGES
PROVIDER provided a package containing the following test data for each fiber.
All data provided was saved on removable media.
A. OTDR Span traces taken at 1550 nm.
B. An Excel spreadsheet containing the power meter and light source data for both
directions at 1550 nm. The spreadsheet should also include the average for each fiber.
EXHIBIT C
Fiber Optic Cable Specifications
The fiber optic cable for each Route Segment is described on attached Exhibit A-1.
The majority of PROVIDER fiber optic cable is_OFS ADSS (All-Dielectric Self-Supporting)
Singlemode fiber optic cable such as AT-3BE27DT-048-CLCB_ Double Jkt PowerGuide ADSS
Double PE Jkts, Dielectric Central Member ALL WAVE-SM-.35/.31 /.25 db/km@1310/1385/1550
CABLE DIAMETER: 16.8 mm (0.662 in.) or similar.
ADSS (All-Dielectric Self-Supporting) is a loose tube non-metallic fiber optic cable that is designed to
be installed without the assistance of metal strand. ADSS cable uses aramid yarn and a high tensile
central strength member for support. ADSS cable attaches directly to the pole or tower with the use
of special attachment hardware.
Exhibit C, Page 1 of I
EXHIBITD
Fiber Optic Cable Facilities Installation Specifications
The System has been constructed in accordance with Industry Standards.
Exhibit D, Page I of I
EXHIBIT E
Operations Specifications
All capitalized terms not otherwise defined herein shall have their respective meanings
as set forth in the Agreement of which this Exhibit forms a part.
1. Maintenance.
(a) Scheduled Maintenance. Routine Maintenance and repair of the System
described in this section ("Scheduled Maintenance") shall be performed by or under the direction
of PROVIDER, at PROVIDER's reasonable discretion or at USER's request. Scheduled
Maintenance shall commence with respect to each Segment upon the Execution Date. Scheduled
Maintenance may include the following activities:
(i) Monitoring of the System on a regular basis;
(ii) Participation in the "Texas811" program and all required and related cable
locates;
(b) Unscheduled Maintenance. Non-Routine Maintenance and repair of the System
which is not included as Scheduled Maintenance ("Unscheduled Maintenance") shall be
performed by or under the direction of PROVIDER. Unscheduled Maintenance shall commence
with respect to each Segment upon the Effective Date. Unscheduled Maintenance shall consist
of:
(i) "Emergency Unscheduled Maintenance" in response to an alarm
identification by PROVIDER, notification by USER or notification by any third party of any
failure, interruption or impairment in the operation of the System, or any event imminently likely
to cause the failure, interruption or impairment in the operation of the System.
(ii) "Non-Emergency Unscheduled Maintenance" in response to any potential
service-affecting situation to prevent any failure, interruption or impairment in the operation of
the System.
USER shall immediately report the need for Unscheduled Maintenance to PROVIDER in
accordance with procedures promulgated by PROVIDER from time to time. PROVIDER will
log the time of USER's report, verify the problem and dispatch personnel within a reasonable
time to take corrective action. PROVIDER will use the same procedures and level of effort to
restore USER service as used to restore service to PROVIDER Fiber Optic Cable Facilities.
3. Cooperation and Coordination.
(a) USER shall utilize an Escalation List provided by PROVIDER, as updated from
time to time, to report and seek immediate initial redress of exceptions noted in the performance
of PROVIDER personnel in meeting maintenance service objectives.
(b) USER will, as necessary, arrange for unescorted access for PROVIDER to all
sites of the USER Fibers in the System, subject to applicable contractual, underlying real
property and other third-party limitations and restrictions.
(c) USER shall furnish to PROVIDER, and update as changes occur, the current
name, title, telephone number and personal device communications number of a USER
representative to contact regarding maintenance schedules and actions.
(d) In performing its services hereunder, PROVIDER will take workmanlike care to
prevent impairment to the signal continuity and performance of the System. The precautions to
be taken by PROVIDER shall include notifications to USER of service affecting activities or
conditions. In addition, PROVIDER shall reasonably cooperate with USER in sharing
information and analyzing the disturbances regarding the Fiber Optic Cable Facilities and/or
fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic
roll or reconfiguration involving Fiber Optic Cable Facilities, fiber, electronic equipment, or
regeneration or other facilities of the USER, then USER shall, at PROVIDER's reasonable
request, make such personnel of USER available as may be necessary in order to accomplish
such maintenance, which personnel shall coordinate and cooperate with PROVIDER in
performing such maintenance as required of PROVIDER hereunder.
(e) PROVIDER will notify USER at least five (5) business days prior, or when
practical, ten (10) calendar days prior to the date in connection with any Planned Service Work
Period (PSWP) of any Scheduled Maintenance and as soon as possible after becoming aware of
the need for Unscheduled Maintenance. USER shall have the right to be present during the
performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this
requirement does not interfere with PROVIDER's ability to perform its obligations under this
Agreement. In the event that after any such notification the Scheduled Maintenance is canceled
or delayed, PROVIDER shall notify USER at PROVIDER's earliest opportunity, and will
comply with the provisions of the previous sentence to reschedule any delayed activity.
4. Facilities.
(a) PROVIDER will maintain the System in a manner which will permit USER's use,
in accordance with the terms and conditions of the Agreement and the USER Fibers required to
be provided under the terms of the Agreement.
(b) Except to the extent otherwise expressly provided in the Agreement, USER will
be solely responsible for providing and paying for any and all maintenance of all electronic,
optronic and other equipment, materials and facilities used by USER in connection with the
operation of the Dark Fibers, none of which is included in the maintenance services to be
provided hereunder.
5. Fiber Optic Cable Facilities/Fibers.
(a) PROVIDER will perform appropriate Scheduled Maintenance on the Fiber Optic
Cable Facilities contained in the System in a good and workmanlike manner and in accordance
with PROVIDER's then current preventative maintenance procedures.
(c) PROVIDER will maintain sufficient capability to teleconference with USER
during an Emergency Unscheduled Maintenance in order to provide regular communications
during the repair process. When correcting or repairing Fiber Optic Cable Facilities
discontinuity or damage, including but not limited to Emergency Unscheduled Maintenance,
PROVIDER will use the same effort to restore USER service as used to restore PROVIDER
service. In order to accomplish such objective, it is acknowledged that the repairs so effected
may be temporary in nature. In such event, within twenty-four (24) hours after completion of
any such Emergency Unscheduled Maintenance, PROVIDER shall commence its planning for
permanent repair, and thereafter promptly shall notify USER of such plans, and shall implement
such permanent repair within an appropriate time thereafter. Restoration of open fibers on fiber
strands not immediately required for service shall be completed on a mutually agreed-upon
schedule. If the fiber is required for immediate service, the repair shall be scheduled for the next
available Planned Service Work Period (PSWP).
(e) PROVIDER will maintain and supply an inventory of spare Fiber Optic Cable
Facilities in storage facilities supplied and maintained by PROVIDER at strategic locations to
facilitate timely restoration.
6. Planned Service Work Period (PSWP).
Scheduled Maintenance which is reasonably expected to produce any signal discontinuity
must be coordinated between the parties.
7. Subcontracting.
PROVIDER may subcontract any of the maintenance services hereunder; provided that
PROVIDER shall require the subcontractor(s) to perform in accordance with the requirements
and procedures set forth herein. The use of any such subcontractor shall not relieve PROVIDER
of any of its obligations hereunder.
EXHIBITF
Interconnections
1. USER's Right to Interconnect.
(a) Route Segments. The initial connection points for each Route Segment are
described on Exhibit A-2.
(b) Splice Point -will be established at the PROVIDER selected splice points or at
such other location as is acceptable to PROVIDER.
(c) Other Interconnection Points. USER may request that PROVIDER establish
other interconnections of the USER Fibers at fiber distribution panels at Fiber Optic Cable
Facilities end points or other particular agreed to splice points in meet me vaults subject to the
terms and conditions of this Exhibit and the Agreement. USER shall reimburse PROVIDER's
Costs of such installation work, including but not limited to reimbursement of all Costs
associated with establishing the splice points.
(d) Access. USER shall have no right to access any Fibers within the Fiber Optic
Cable Facilities or to enter any splice or PROVIDER vault. PROVIDER shall undertake all
work to interconnect the USER Fibers and to construct and install the Associated Conduit, Fiber
Optic Cable Facilities and appurtenances on its side of the demarcation point, and USER shall
reimburse PROVIDER for its charges associated with such work within thirty (30) days of
receipt of PROVIDER's invoice therefor.
2. Requests for Interconnections.
(a) Connection Requests. USER shall provide PROVIDER at least forty five (45)
days' notice (the "Interconnect Notice") of the interconnection request and/or the date USER
requests that a connection be completed. The Interconnect Notice shall set forth a description of
the work required to be performed, including:
(i) the connection location;
(ii) a copy of USER's construction design drawings including a diagram of the
desired location of the Interconnect; and
(iii) all other information reasonably required by PROVIDER.
(b) Response to Requests. Within ten (10) days after receiving the Interconnect
Notice, PROVIDER shall respond with its acceptance or objections to the proposed
interconnection. PROVIDER will use commercially reasonable efforts to accommodate the
request to establish a Route Segment within thirty (30) days of its acceptance of the proposed
interconnection unless a longer period of time to establish the entrance is stated in PROVIDER's
acceptance. Notwithstanding the foregoing, PROVIDER may restrict any work establishing an
interconnection to a planned service work period. Interconnection of Buildings not
interconnected to PROVIDER's network on the Route Segment will be considered on a case-by-
case basis. PROVIDER may decline to make a requested connection at their sole discretion.
3. Demarcation Points. PROVIDER shall designate an installation demarcation point and a
maintenance demarcation point (which may be a different point) for each interconnection of the
USER Fibers as necessary to safeguard and maintain PROVIDER's control over the System and
in accordance with section 1 (b) above. PROVIDER shall perform all installation work on
facilities on its side of the installation demarcation point and shall perform all post-installation
work on facilities on its side of the maintenance demarcation point. USER shall reimburse
PROVIDER's charges of such installation work as set forth in this Exhibit. All post-installation
work shall be part of PROVIDER' s maintenance obligations under the Agreement.
4. Testing following Interconnects. Following splicing at agreed upon interconnect points,
PROVIDER and USER will cooperate, including access to each other's facilities to
conduct fiber testing to verify connectivity.
5. Installation of Interconnect Facilities.
(a) Building Entrance Cable. If applicable, USER shall, prior to the requested
connection date, provide a fiber optic cable containing the applicable number of fibers of
sufficient length to allow PROVIDER to pull such cable from the installation demarcation point
to the splice point, as applicable, with an additional length (minimum of 100 feet) sufficient for
PROVIDER to perform splicing (the "Building Entrance Cable").
(b) Construction Standards. All Interconnect Facilities constructed and installed by
PROVIDER for USER will meet or exceed generally accepted telecommunications industry
standards, as reasonably determined by PROVIDER, and all requirements of PROVIDER's
building management or insurance underwriters, and any applicable local, state and federal codes
and public health and safety laws and regulations (including fire regulations and the National
Electric Code).
(c) Right of Way Obligations. Except as otherwise agreed between the parties,
USER shall provide, at its sole cost and expense, any and all necessary rights of way, easements,
permits, access rights and/or any required consents or authorizations to the extent Interconnect
Facilities are located outside of PROVIDER's existing System and the PROVIDER splice point
located outside of the applicable Building, and PROVIDER-approved materials and equipment
(including cables and conduit) necessary for the construction, use operation, maintenance and
repair of each such Interconnect facility.
(d) Building Access. Notwithstanding anything herein to the contrary, USER shall be
responsible for acquiring and maintaining, at its sole cost and expense, building access rights and
the right to distribute USER' s facilities and services in each Building to be connected to the
USER Fibers pursuant to this Agreement. USER shall be solely responsible for third party cross
connect fees and other charges and costs related to interconnection to the USER Fibers
associated with each Building entrance.
(e) Determination of Splice Point and Demarcation Points for Building Entrances.
Upon receipt of an Interconnection Request for a Building entrance, the parties agree to
reasonably cooperate in determining the suitable locations for the splice point and demarcation
points for the applicable Building. In Buildings where PROVIDER does not have Building
access, the splice point will generally be located at the Building serving manhole, and the
installation demarcation point and maintenance demarcation point will be located at the interface
of the Building with the applicable Building serving vault and/or electric conduit serving the
Building. If the parties cannot reach agreement with respect to the locations of the splice point
and demarcation points for any Building, PROVIDER shall have the right to determine the
applicable locations; provided that USER may withdraw its Installation Request for the
applicable Building prior to commencement of construction of the Building entrance if USER
objects to the selected splice point and demarcation points.
(f) Space Constraints. Except for PROVIDER lit Buildings, PROVIDER may
decline to establish a requested Building entrance if there is not adequate space remaining in the
applicable Building conduit or other applicable facilities for a Building Entrance Cable
containing the proposed number of fibers such that installation thereof would interfere with the
operation of the other cables then installed within the Building conduit or facilities or would
create an unreasonable risk of such interference as determined by PROVIDER in its reasonable
discretion consistent with generally accepted standards and/or practices m the
telecommunications industry.
6. Maintenance and Modification of Interconnect Facilities. USER shall provide all
maintenance and repair of the Interconnect Facility on USER's side of the maintenance
demarcation point and PROVIDER shall provide all maintenance and repair of the Interconnect
facility on PROVIDER's side of the maintenance demarcation point. Any improvement,
modification, addition to, relocation, or removal of the Interconnect facility by USER shall be
subject to PROVIDER's prior review and written approval. USER shall pay the cost of such
improvement, modification, addition to, relocation, or removal of the Interconnect Facility and
the cost of repairing any damage due to USER's actions. However, subject to the terms of the
Agreement, if PROVIDER initiates relocation or modification of the splice point and/or
demarcation point for any Building entrance, such relocation or modification shall be at
PROVIDER's Cost. PROVIDER's maintenance responsibility shall be limited to the
Interconnect Facilities on its side of the maintenance demarcation point.
EXHIBIT G
Insurance Certificates
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0564 Name:Funding Authorization for OPEB Trust
Status:Type:Presentation Consent Agenda
File created:In control:9/18/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding the fiscal year FY17 funding of $1,493,809 to
the Phase II Systems dba Public Agency Retirement Services (PARS) OPEB Trust.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation,possible action,and discussion regarding the fiscal year FY17 funding of $1,493,809 to the
Phase II Systems dba Public Agency Retirement Services (PARS) OPEB Trust.
Recommendation(s):Staff recommends approval of the funding authorization to the Public Agency
Retirement Services (PARS) OPEB Trust in the amount of $1,493,809.
Summary:On September 11,2017,City Council authorized Assistant City Manager,Jeff Kersten to
execute documents establishing an Other Post-Employment Benefits Obligation (OPEB)Trust administered
by Phase II Systems dba Public Agency Retirement Services (PARS)as part of a plan to proactively
address the unfunded liability obligation related to providing healthcare to employees upon retirement.
The City currently carries an $11,220,000 unfunded liability related to providing healthcare to employees
upon retirement.That liability is growing on average 15.3%per year.The initial contribution to the OPEB
Trust was discussed in the FY18 Proposed Budget Workshop on August 15th.The amount of $1,493,809
was included in FY17 Year-End Estimate in the Employee Benefit Fund summary.Funding the obligation
should improve the anticipated discount rate and reduce the OPEB liability.Additional funding for this trust
of approximately $1 million is also included in the FY 18 budget.
By implementing and funding the Trust and implementing plan design changes,the City expects to save
an estimated $980,000 for fiscal year 2018.These actions are anticipated to stabilize the liability and
keep it from growing further.
Staff recommends approval funding the Trust in the amount of $1,493,809 for fiscal year 2016-2017.
Budget &Financial Summary:Funds for this expenditure are included from the Plan Assets of the
PARS Public Agencies Post-Retirement Health Care Plan Trust account.Funds are available and accounted
for in the Employee Benefits Fund. They are ultimately being paid from the various City operating funds.
Reviewed and Approved by Legal:Yes
Attachments:
1.None
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0524 Name:
Status:Type:Contract Consent Agenda
File created:In control:9/5/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding City of College Station Excess Liability and
Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability,
Auto Property Damage, Cyber Liability and Special Events policies for Fiscal Year 2018. FY18
premiums for all lines of coverage are not to exceed $500,223.
Sponsors:Alison Pond
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding City of College Station Excess Liability and
Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability,
Auto Property Damage, Cyber Liability and Special Events policies for Fiscal Year 2018. FY18
premiums for all lines of coverage are not to exceed $500,223.
Relationship to Strategic Goals: (Select all that apply)
Good Governance
Financially Sustainable City
Recommendation(s): The City of College Station Human Resources and Risk Management
Department recommends approval of the above referenced insurance policies for the period October
1, 2017 to October 1, 2018.
Summary: Risk Management completed applications to solicit proposals for Excess Liability, Workers’
Compensation and Excess Liability, Property/Boiler & Machinery, Commercial Crime, Auto Physical
Damage, and EMT Liability insurance policies. Applications were also completed to solicit proposals
for Cyber Liability, a line of coverage not previously carried. Sole Broker of Record McGriff, Seibels
and Williams of Texas, Inc., submitted the City’s applications to the appropriate carriers and
evaluated all proposals submitted.
The carrier’s rate remained the same for Property, Mobile Equipment, Boiler & Machinery and Fleet
Catastrophic Loss; however, review of property values and covered locations along with Fleet
exposure increases resulted in a 3.5 percent premium increase. The Fleet carrier’s rate remained
flat, but the City’s vehicle schedule increased significantly due to updating and adding vehicles. The
Auto Property Damage premium for vehicles for which the actual cash value is more than $50,000
increased less than two percent. EMT liability coverage rates remained the same with no premium
increase based on exposures (number of ambulances). Commercial crime coverage rates also
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File #:17-0524,Version:1
remained flat, with no premium increase. Cyber liability coverage has been added to the City’s
portfolio.
Overall, total insurance premiums for FY18, including the addition of cyber liability coverage, total
$488,880.00, an increase from FY17 of $24,530.00 or approximately 5.28 percent.
Budget & Financial Summary: Funds are available in the FY18 budget in the Property/Casualty Fund
and the Workers’ Compensation Fund.
Attachments: None
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0534 Name:Budget Amendment #3
Status:Type:Presentation Agenda Ready
File created:In control:9/8/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Public Hearing, presentation, possible action, and discussion on Budget Amendment #3 amending
Ordinance No. 3809 which will amend the budget for the 2016-2017 Fiscal Year in the amount of
$114,357; and presentation, possible action and discussion on a contingency transfer totaling up to
$400,000.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:FY17 Budget Amendment #3 ordinance
FY17 BA #3 - revised 9-21-17
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion on Budget Amendment #3 amending
Ordinance No. 3809 which will amend the budget for the 2016-2017 Fiscal Year in the amount of
$114,357; and presentation, possible action and discussion on a contingency transfer totaling up to
$400,000.
Relationship to Strategic Goals:
1.Financially Sustainable City
2.Core Services and Infrastructure
Recommendation(s):Staff recommends the City Council approve Budget Amendment #3,and approve
the contingency transfer.
Summary:The proposed budget amendment is to increase the FY17 budget appropriations by
$114,357.The charter of the City of College Station provides for the City Council to amend the annual
budget in the event there are revenues available to cover increased expenditures and after holding a
public hearing on such budget amendment.Attached is a summary with a description of the items
included on the proposed budget amendment.Also included is a contingency transfer item for
authorization up to $400,000. Contingency transfers greater than $100,000 require Council approval.
Budget &Financial Summary:The City has resources or can reasonably expect resources to cover the
appropriations in this budget amendment.The attached summary has the complete description of the
items included on the proposed budget amendment and the contingency transfer.If approved,the net
revised budget appropriations will be $347,808,874.
Reviewed and Approved by Legal:Yes
Attachments:
1.FY17 Budget Amendment #3 Detail Listing
2.Ordinance
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ORDINANCE NO. _________
AN ORDINANCE (BUDGET AMENDMENT #3) AMENDING ORDINANCE NO. 2016-3809 WHICH
WILL AMEND THE BUDGET FOR THE 2016-2017 FISCAL YEAR AND AUTHORIZING
AMENDED EXPENDITURES AS THEREIN PROVIDED.
WHEREAS, on September 22, 2016, the City Council of the City of College Station, Texas, adopted
Ordinance No. 2016-3809 approving its Budget for the 2016-2017 Fiscal Year; and
WHEREAS, on January 26, 2017, the City Council of the City of College Station, Texas, adopted Budget
Amendment #1 amending the 2016-2017 Budget; and
WHEREAS, on July 27, 2017, the City Council of the City of College Station, Texas, adopted Budget
Amendment #2 amending the 2016-2017 Budget; and
WHEREAS, this amendment was prepared and presented to the City Council and a public hearing held thereon
as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly
given; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Ordinance No. 2016-3809 is hereby amended by amending the 2016-2017 Budget adopted
thereto by a net amount of $114,357 as further detailed in Exhibit A attached hereto and
incorporated herein for all purposes.
PART 2: That this Budget Amendment #3 shall be attached to and made a part of the 2016-2017 Budget.
PART 3: That except as amended hereby, Ordinance No, 2016-3809 shall remain in effect in accordance
with its terms.
PART 4: That this ordinance shall become effective immediately after passage and approval.
PASSED and APPROVED this _________ day of __________________________2017.
ATTEST: APPROVED:
____________________________ ________________________________
City Secretary Mayor
APPROVED:
_________________________
City Attorney
17-0534 - FY17 BA #3 - revised 9-21-17
The proposed budget amendment is to increase the FY17 budget for the items listed below by $114,357.
Also included is authorization for a contingency transfer in an amount of up to $400,000. Contingency
transfers greater than $100,000 require Council approval and are therefore included as part of this
Budget Amendment.
1. Hurricane Events – Contingency Transfer authorization up to $400,000 (Contingency Transfer)
It is expected that considerable expenses will be incurred by City departments as a result of the
City’s response to Hurricane Harvey and Hurricane Maria. This item is for the authorization to
transfer contingency budget up to an amount of $400,000 to account for the hurricane related
expenses that are estimated to have been incurred by the various City departments. The final
fiscal impact should be calculated by the close of the fiscal year and contingency budget will be
transferred for only the applicable amounts. Any difference between the amount authorized
and the amount needed will remain in contingency.
2. Police Department – Various - $54,357 (Budget Amendment)
In January 2017, a number of City of College Station Officers traveled to Washington D.C. to
participate in the presidential inauguration. Expenses for the trip in the amount of $49,957 were
subsequently reimbursed. This item is to appropriate budget for the expenses incurred that
were offset by the reimbursement received.
Also in FY17, the Police Department hosted a seminar related Homicide Investigations. Non-City
of College Station Police Department attendees were charged a fee to subsidize the cost of the
expenses incurred by the department. A total of $4,400 was received. This item is to appropriate
budget for the expenses incurred that were offset by the revenue received by the fees charged.
3. Fleet Maintenance Fund - $60,000 (Budget Amendment)
FY17 expenditures in the Fleet Maintenance Fund are estimated to be over budget by
approximately $60,000. Higher costs than anticipated have been realized in FY17 primarily for
parts and repairs as well as overtime. Funds for this item are available in the Fleet Maintenance
Fund balance.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0543 Name:FY18 Budget Adoption
Status:Type:Presentation Agenda Ready
File created:In control:9/12/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on an ordinance adopting the City of College Station
2017-2018 Budget; and presentation, possible action and discussion ratifying the property tax
revenue increase reflected in the budget.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:Appendix A1 - FY18 Budget Adoption Ordinance
Appendix A2 - FY18 Attachment A_ IT submission_revised_8-24-17
Action ByDate Action ResultVer.
Presentation,possible action,and discussion on an ordinance adopting the City of College Station 2017-
2018 Budget;and presentation,possible action and discussion ratifying the property tax revenue increase
reflected in the budget.
Recommendation(s):Staff recommends the City Council approve the ordinance adopting the proposed
2017-2018 budget with any changes the Council wishes to include.A summary of changes the City
Council has discussed will be presented to the Council for consideration.
Staff also recommends the City Council ratify the property tax revenue increase reflected in the budget.
Summary:There are two actions in this agenda item.
First is the consideration of the 2017 -2018 proposed budget.The City Council received the proposed
budget on August 10,2017 and held budget workshops on August 14th and August 15th.The City Council
held a public hearing on the proposed budget on September 11th.The charter requires that the City
Council adopt a budget no later than September 27th.
The City Council will need to include any proposed revisions to the budget in the motion to adopt the
budget.
The second action is ratification of the property tax revenue increase reflected in the budget.This action
is required due to recently enacted legislation.House Bill 3195 amends the local government code to say
the following:
"(c)Adoption of a budget that will require raising more revenue from property taxes than in
the previous year requires a separate vote of the governing body to ratify the property tax
increase reflected in the budget.A vote under this subsection is in addition to and separate
from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26,
Tax Code, or other law."
The proposed budget will result in additional property tax revenues over last year totaling $5,841,002 or
16.87%.
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File #:17-0543,Version:2
The proposed tax rate is $0.497500 per $100 assessed valuation which is a two and one half cent
increase over the FY17 tax rate.
Budgetary and Financial Summary:The following is an overall summary of the proposed budget with
workshop revisions.
Subtotal Operation and Maintenance:$244,742,774
Subtotal Capital: 120,957,260
Total Proposed Budget:$365,700,034
Attachments:
1.FY18 Budget Ordinance with Attachment A
College Station, TX Printed on 9/21/2017Page 2 of 2
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A-1 Budget Ordinances
ORDINANCE NO.
AN ORDINANCE ADOPTING A BUDGET FOR THE 2017-18 FISCAL YEAR AND
AUTHORIZING EXPENDITURES AS THEREIN PROVIDED.
WHEREAS, a proposed budget for the fiscal year October 1, 2017, to September 30, 2018, was
prepared and presented to the City Council and a public hearing held thereon as prescribed by law
and the Charter of the City of College Station, Texas, notice of said hearing having first been duly
given; and
WHEREAS, the City Council has reviewed and amended the proposed budget and chan ges as
approved by the City Council have been identified and their effect included in the budget; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the proposed budget as amended by the City Council of the City of College
Station, which is made a part hereof to the same extent as if set forth at length herein,
is hereby adopted and approved, a copy of which is on file in the Office of the City
Secretary in College Station, Texas.
PART 2: That authorization is hereby granted for the expenditure of the same under the
respective items contained in said budget with the approved fiscal and budgetary policy
statements of the City.
PART 3: That the City Manager and his authorized and designated employees, at his discretion,
be, and are hereby authorized to approve and execute contracts and documents
authorizing the payment of funds and to expend public funds for expenditures that are
$100,000 or less; to approve and execute change orders authorizing the expenditure of
funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original
contract document. The intent of this section is to provide the ability to conduct daily
affairs of the City which involve numerous decisions of a routine nature.
PART 4: That the City Manager and his authorized and designated employees, at his discretion,
be, and are hereby, authorized to provide for transfers of any unexpended or
unencumbered appropriation balance within each of the various departments in the
General Fund and within any other fund of the City and to authorize transfers of
Contingent Appropriations within a fund up to an amount equal to expenditures that
are $100,000 or less.
PART 5: That the City Council hereby approves the funding and the purchases that are made
pursuant to interlocal agreements as provided by CHAPTER 271, SUBCHAPTERS (D) AND
(F) of the TEXAS LOCAL GOVERNMENT CODE in this budget and authorizes the City
Manager and his authorized and designated employees, at his discretion, to approve
and execute contracts and documents authorizing the payment of funds, and to expend
public funds that have been expressly designated, approved, and appropriated in this
ORDINANCE NO. ________ Page 2 of 5
budget for new and replacement equipment as set out in the 2017-18 Fiscal Year
Equipment Replacement Fund, and technology related hardware and software as set
out in Attachment “A” to this Ordinance.
PART 6: That the City Manager and his authorized and designated employees, at his discretion,
be, and are hereby authorized to approve and execute all contracts and documents
authorizing the payment of funds and to expend public funds for expenditures related
to the Enterprise Resource Planning (ERP) System; to approve and execute change
orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL
GOVERNMENT CODE or as provided in the original contract documents. Expenditures
must be appropriated from available funds. The intent of this section is to provide t he
ability to conduct daily affairs of the City which involve numerous decisions of a
routine nature.
PART 7: That this ordinance shall become effective immediately after passage and approval.
PASSED AND APPROVED THIS ___th DAY OF SEPTEMBER, 2017.
ATTEST: APPROVED:
____________________________ _____________________________
City Secretary Mayor
APPROVED:
______________________________
City Attorney
ORDINANCE NO.
Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal
agreements as provided by Chapter 271, Subcapters (D) and (F) of the Texas Local Government Code.
Estimated Avg.Projected
ITEM Quantity Unit Cost Total
Scheduled Replacement/Repair/Additions
Replacement PCs (Desktops and Workstations)200 1,000 200,000
Replacement Monitors 50 120 6,000
Replacement Printers 15 950 14,250
Replacement Laptops 45 850 38,250
Replacement Copiers 50,000
Replacement Scanners 13,000
Printer replacement Parts 3,000
PC Replacement Parts (Video Cards, Hard Drive & Memory)5,000
Replace Exchange servers 2 17,000 34,000
Replace single server 3 7,000 21,000
Server replacement parts 10,000
Server OS replacement/upgrade 7,000
Wireless Upgrade Project 215,000
Video Surveillence Project 336,981
SQL Std 3 4,000 12,000
Replacement UPS battery/units 25,000
Estimated Additional Desktop Software 35,000
Includes but not limited to New &
Upgrade versions of Adobe Acrobat,
PageMaker, Photoshop Illustrator,
Premier, Audition, Microsoft Publisher,
Windows 7/8, Frontpage, Project, Visio,
Vstudio.net, AutoCAD, Crystal, Corel
Computer Network Maint and Equipment Replacement 30,000
Motorola Radio Repair/Replacement 37,000
Telephone Repair/Replacement 100,000
Fiber ring expansion 225,000
Subtotal - Scheduled Replacement 1,417,481
Service Level Adjustments
Open Data Project Services 28,000
Weathermatic Irrigation System - PARD 60,000
Cisco Phone System Gateway VG Replacement 46,000
ORDINANCE NO.
Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal
agreements as provided by Chapter 271, Subcapters (D) and (F) of the Texas Local Government Code.
Estimated Avg.Projected
ITEM Quantity Unit Cost Total
VMWare vRealize Operations Manager 62,000
Communication Infrastructure Improvements 30,000
Fiber to Lift Stations 64,000
CCWWTP Security Cameras 43,600
Subtotal - Service Level Adjustments 333,600
Unscheduled Replacements/Additions
Estimated Additional PC setups 50 1,000 50,000
not identified specifically in budget
includesbut not limited to: Monitor, network card,
extended warranty, added memory
Estimated Standard Desktop Software 20,000
not identified specifically in budget
Includes but not limited to: Microsoft
Office , Trend, Microsoft Windows
client access license, Novell ZenWorks
Estimated Additional Desktop Software 20,000
Includes but not limited to New & Upgrade versions of
Adobe Acrobat, PageMaker, Photoshop
Illustrator, Premier, Audition
Microsoft Publisher, Windows 7
Frontpage, Project, Visio, Vstudio.net
AutoCAD, ESRI ArcGIS, Crystal
Corel Draw, Cognos
Estimated Additional Printers/Plotters 15,000
Estimated Memory upgrades 2,000
includes: desktop pcs, printers,laptops
Estimated PC misc parts 8,000
includes: harddrives, network cards,
network cards, network cables
Estimated Monitor upgrades 5,000
includes: Flat Panel and larger than standard
Estimated Additional Scanners 20 800 16,000
Estimated Additional Moblie Devices/ Toughbook,laptops, tablets 65 1,500 97,500
Estimated Network Upgrades 20,000
ORDINANCE NO.
Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal
agreements as provided by Chapter 271, Subcapters (D) and (F) of the Texas Local Government Code.
Estimated Avg.Projected
ITEM Quantity Unit Cost Total
Estimated Motorola Radio Repair/Replacement 15,000
Sub-Total Unscheduled Replacement/Additions 268,500
Phone System Maintenance
Cisco_SmartNet Maintenance 50,000
Subtotal - Phone System Maintenance 50,000
Network Software on Master License Agreement (MLA)
Microsoft Enterprise Agreement 85,000
Diskeeper 4,500
Voremetrics Encryption Software 5,500
Solarwinds 15,000
CommVault 40,000
VMWARE support through VMWare 32 900 28,800
Vcenter Support 2 1,499 2,998
ZenWorks Configuration Management - 904 nodes 11,000
ZenWorks Asset Management -904 nodes 4,700
ZenWorks Patch Management - 904 nodes 8,000
Subtotal - Network Software on MLA 205,498
PC Hardware and Software Maintenance/Subscriptions
HP Printer/Plotter Maintenance 8,000
AutoCAD 12,000
Adobe Creative Suite 15,000
Barracuda Spam/Spyware 5,500
Siemens Access Control System 28,000
Subtotal - PC Software Maintenance 68,500
IBM Hardware and Software Maintenance
Hardware Maintenance (2 power 7's)15,000
Power 7 Software Subscription and Support 2 4,500 9,000
Subtotal - IBM Hardware and Software Maintenance 24,000
Grand Total 2,367,579
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0542 Name:FY18 Tax Rate Adoption
Status:Type:Presentation Agenda Ready
File created:In control:9/12/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion on approval of an ordinance adopting the City of
College Station 2017-2018 ad valorem tax rate of $0.497500 per $100 assessed valuation, the debt
service portion being $0.220339 per $100 assessed valuation and the operations and maintenance
portion being $0.277161 per $100 assessed valuation.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:FY18 Tax Rate Ordinance
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on approval of an ordinance adopting the City of College
Station 2017-2018 ad valorem tax rate of $0.497500 per $100 assessed valuation, the debt service
portion being $0.220339 per $100 assessed valuation and the operations and maintenance portion being
$0.277161 per $100 assessed valuation.
Recommendation(s):Staff recommends Council adopt the effective tax rate of $0.497500 per $100
assessed valuation.
Summary:On August 15th,the City Council discussed the tax rate and called two public hearings on a
tax rate of $0.497500. This is a two and one half cent increase from the current tax rate.
The tax rate must be adopted as two separate components -one for Operations and Maintenance and one
for Debt Service.
$0.277161 O&M
$0.220339 Debt Service
$0.497500 Total Tax Rate
This is the tax rate that was used to prepare the proposed budget.If the City Council adopts a tax rate
lower than the proposed rate, the budget will have to be amended and reduced.
Current Tax Rate:$0.472500
Effective Tax Rate:$0.444262
Rollback Rate:$0.517358
Proposed Tax Rate:$0.497500
Budgetary and Financial Summary:The proposed tax rate of $0.497500 per $100 assessed valuation
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0542,Version:2
Budgetary and Financial Summary:The proposed tax rate of $0.497500 per $100 assessed valuation
will generate approximately $43.3 million.The property taxes are used to fund the general debt service
of the City as well as a portion of the operations and maintenance costs of the General Fund.
Attachments:
Tax Rate Ordinance - $0.497500 per $100 assessed valuation
College Station, TX Printed on 9/21/2017Page 2 of 2
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ORDINANCE NO. _____________________
AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE USE AND
SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEGE
STATION, TEXAS, AND PROVIDING FOR THE GENERAL DEBT SERVICE FUND
FOR THE YEAR 2017-18 AND APPORTIONING EACH LEVY FOR THE SPECIFIC
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
SECTION 1. That there is hereby levied and there shall be collected for the use and support of
the municipal government of the City of College Station, Texas, and to provide General Debt
Service for the 2017-18 fiscal year upon all property, real, personal and mixed within the corporate
limits of said city subject to taxation, a tax of forty-nine and seventy-five hundredths cents
($0.497500) on each one hundred dollar ($100.00) valuation of property, and said tax being so
levied and apportioned to the specific purpose herein set forth:
1. For the maintenance and support of the general government
(General Fund), twenty-seven and seventy-one hundredths and
sixty-one thousandths cents ($0.277161) on each one hundred dollar
($100.00) valuation of property; and
2. For the general obligation debt service (Debt Service Fund), twenty-
two and three hundredths and thirty-nine thousandths cents
($0.220339) on each one hundred dollars ($100.00) valuation of
property to be used for principal and interest payments on bonds and
other obligations of the fund.
SECTION II. All moneys collected under this ordinance for the specific items therein named,
shall be and the same are hereby appropriated and set apart for the specific purpose indicated in
each item and the Assessor and Collector of Taxes and the Chief Financial Officer shall keep these
accounts so as to readily and distinctly show the amount collected, the amounts expended and the
amount on hand at any time, belonging to such funds. It is hereby made the duty of the Tax
Assessor and Collector to deliver a statement at the time of depositing any mon ey, showing from
what source such taxes were received and to what account (General Fund or General Debt Service
Fund) the funds were deposited.
SECTION III. THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE.
THE TAX RATE WILL EFFECTIVELY BE RAISED BY 4.05 PERCENT
AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON
A $100,000 HOME BY APPROXIMATELY $0.00.
ORDINANCE NO. __________ Page 2 of 2
SECTION IV. That this ordinance shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS ___th DAY OF SEPTEMBER 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:117-0536 Name:Utility Rate Ordinance Modification
Status:Type:Ordinance Agenda Ready
File created:In control:9/8/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding an ordinance amending Chapter 40, "Utilities"
Articles I and II of the Code of Ordinances of the City of College Station, to establish an Account
Creation Fee and to establish the water and sewer rate surcharge for customers in BCMUD-1.
Sponsors:David Coleman
Indexes:
Code sections:
Attachments:Amended Ordinance
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding an ordinance amending Chapter 40,
"Utilities" Articles I and II of the Code of Ordinances of the City of College Station, to establish an
Account Creation Fee and to establish the water and sewer rate surcharge for customers in BCMUD-
1.
Relationship to Strategic Goals:
Financially sustainable city
Core services and infrastructure.
Recommendation:Staff recommends approval of the ordinance amendment.
Summary:The attached ordinance amendment implements two changes to the Utility Fees and
Rates. The first change is to establish a unified Account Creation Fee, and delete the existing fees
(called Connection Fees) that have four different amounts that cause confusion and are not
compatible with the new Tyler Munis utility billing system. This change will simplify and clarify the fee
a customer must pay to create an account with CS Utilities. Please note that a separate item is being
presented for Council consideration that will modify the Rates Resolution to establish the dollar
amount of the Account Creation Fee.
The second change will implement a decision made by City Council in November 2016 to add a 50%
surcharge to water and sewer customers in BCMUD-1, otherwise known as the Speedway MUD or
Southern Point development. This surcharge will help offset the City’s cost of adding utility capacity
to meet the demands of the development.
These changes are necessary to meet operational costs and the demands of rapid growth, and staff
recommends approval.
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File #:17-0536,Version:1
Budget & Financial Summary:The proposed Account Creation Fee is revenue neutral. The
BCMUD-1 surcharge will provide the same revenue as would impact fees, but spread over
approximately 20 years.
Attachment:Ordinance Amendment
College Station, TX Printed on 9/21/2017Page 2 of 2
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Ordinance Form 8-14-17
ORDINANCE NO. _____
AN ORDINANCE CREATING A NEW SECTION 40-15 “ACCOUNT CREATION FEE”
IN CHAPTER 40, “UTILITIES”, ARTICLE I, “IN GENERAL”, AND AMENDING
CHAPTER 40, “UTILITIES”, ARTICLE II, “WATER AND SEWER SERVICE”,
DIVISION 2, “RATES, USAGE CHARGES AND FEES”, SECTIONS: 40-63
“CONNECTION FEES REQUIRED FOR WATER SERVICE”, 40-64 “RATES FOR
WATER SERVICE”, AND 40-65 “RATES FOR SEWER SERVICE”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, 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 a new Section 40-15 “Account Creation Fee” in Chapter 40, “Utilities,”
Article I, “In General”, be created in the Code of Ordinances of the City of College
Station, Texas, as set out in Exhibit “A” attached hereto and made a part of this
Ordinance for all purposes.
PART 2: That Chapter 40, “Utilities”, Article II, “Water and Sewer Service”, Division 2,
“Rates, Usage Charges and Fees”, Sections: 40-63 “Connection Fees Required for
Water Service”, 40-64 “Rates for Water Service”, and 40-65 “Rates for Sewer
Service”, of the Code of Ordinances of the City of College Station, Texas, be
amended as set out in Exhibit “B” attached hereto and made a part of this
Ordinance for all purposes.
PART 3: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 4: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity 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) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
ORDINANCE NO._____ Page 2 of 4
Ordinance _______________
PART 5: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2017.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO._____ Page 3 of 4
Ordinance _______________
EXHIBIT “A”
That a new Section 40-15 “Account Creation Fee” in Chapter 40, “Utilities,” Article I, “In
General”, of the Code of Ordinances of the City of College Station, Texas, is hereby created to
read as follows:
Article I. - In General
Sec. 40-15. - Account creation fee.
i. All customers creating a utility account or opening additional account numbers
shall pay a fee for creating a utility account, regardless the number of services
provided by the City for that account; established in Section 2-117.
ORDINANCE NO._____ Page 4 of 4
Ordinance _______________
EXHIBIT “B”
That Chapter 40, “Utilities”, Article II, “Water and Sewer Service”, Division 2, “Rates, Usage
Charges and Fees”, Sections: 40-63 “Connection Fees Required for Water Service”, 40-64 “Rates
for Water Service”, and 40-65 “Rates for Sewer Service” of the Code of Ordinances of the City of
College Station, Texas, is hereby amended as follows:
Article II. - Water and Sewer Service
Division 2. - Rates, Usage Charges and Fees
Sec. 40-63. - Connection fees required for water service.
i. Residential customers. Water connection fee $10.00.
ii. Commercial and industrial customers. Water connection fee $20.00.
Sec. 40-64. - Rates for water service.
…
(6) Residential and Commercial customers in Brazos County Municipal Utility District
#1 shall pay all established rates, with an additional fifty-percent (50%) surcharge;
established in Section 2-117.
Sec. 40-65. - Rates for sewerage service.
…
(l) Residential and Commercial customers in Brazos County Municipal Utility District
#1 shall pay all established rates, with an additional fifty-percent (50%) surcharge;
established in Section 2-117.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0537 Name:Utility Rate Resolution Modification
Status:Type:Resolution Agenda Ready
File created:In control:9/8/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding an amendment to the Utility Rates Resolution,
to implement a 6% water rate increase, set the amount of the Account Creation Fee, and establish the
water and sewer rate surcharge for customers in BCMUD-1.
Sponsors:David Coleman
Indexes:
Code sections:
Attachments:Revised Resolution
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding an amendment to the Utility Rates
Resolution, to implement a 6% water rate increase, set the amount of the Account Creation Fee, and
establish the water and sewer rate surcharge for customers in BCMUD-1.
Relationship to Strategic Goals:
Financially sustainable city
Core services and infrastructure.
Recommendation:Staff recommends approval of the resolution amendment.
Summary:The attached utility rates resolution amendment implements three changes to the Utility
Fees and Rates. The first change is to implement the water rate increase discussed with City
Council at the Budget Hearing on August 15, 2017. A 6% across the board water rate increase is
required to meet increasing operational costs and meet ongoing bond obligations. This increase will
be effective on July 1, 2018.
The second change is to establish $30 as the amount of the Account Creation Fee. This fee will
recover the actual administrative cost to create a new utility customer account in the utility billing
system. Please note, the prior Ordinance amendment created this fee and deleted the four different
existing fees (called Connection Fees).
The third change will simply mirror the prior Ordinance change, to implement a 50% surcharge to
water and sewer customers in BCMUD-1, otherwise known as the Speedway MUD or Southern Point
development. This surcharge will help offset the City’s cost of adding utility capacity to meet the
demands of the development.
These changes are necessary to meet operational costs and the demands of rapid growth, and staff
College Station, TX Printed on 9/21/2017Page 1 of 2
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File #:17-0537,Version:1
recommends approval.
Budget & Financial Summary:The water rate increase is required to meet increasing operational
costs and meet ongoing bond obligations.The proposed Account Creation Fee is revenue neutral.
The BCMUD-1 surcharge will provide the same revenue as would impact fees, but spread over
approximately 20 years.
Attachment:Amended Rate and Fee Resolution (A-1)
College Station, TX Printed on 9/21/2017Page 2 of 2
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RESOLUTION NO. 08-10-17-2q-A-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS (CITY), AMENDING RESOLUTION NO. 08-10-17-2Q THAT ESTABLISHED
THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2
“ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES”
OF THE CODE OF ORDINANCES.
WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all
ordinances compiled, adopted and approved by the College Station City Council; and
WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of
the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be
adopted by resolution; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council has approved, authorized and established the amended fees,
rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”,
Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station,
Texas, as amended by this Resolution and as shown in Exhibit A, “Fees, Rates and
Charges”.
PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates
and Charges” shall be considered a reference to the same Chapter, Article, Division
or Section from the Code of Ordinances, City of College Station, Texas.
PART 3: That this resolution shall take effect ten (10) days from and after its passage.
ADOPTED this ___ day of __________, 2017.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
Resolution No._________ Page 2 of 5
EXHIBIT A
FEES, RATES AND CHARGES
CHAPTER 40: UTILITIES
1. Article I. In General
f. Sec. 40-15. Account creation fee.
i. All customers creating a utility account or opening additional account numbers
shall pay a fee for creating a utility account, regardless the number of services
provided by the City. Account creation fee: $30.00.
2. Article II. Water and Sewer Service
Division 2. Rates, Usage Charges and Fees
a. Sec. 40-64. Rates for water service. (*bracketed rates effective 1 July 2018)
i. All retail customers using water shall have a monthly service charge based on the
water meter size and a monthly usage charge as follows:
ii. Service charge: established in Section 2-117.
Meter Size Service Charge per Month
1. ¾ inch $10.19 (*$10.80)
2. 1 inch $12.78 (*$13.55)
3. 1.5 inch $19.03 (*$20.17)
4. 2 inch $30.05 (*$31.85)
5. 3 inch $94.84 (*$100.53)
6. 4 inch $140.90 (*$149.35)
7. 6 inch $171.53 (*$181.82)
8. 8 inch $171.53 (*$181.82)
iii. Residential usage charge: Defined to be a domestic meter or irrigation meter
serving a residence with one or two living units:
1. $2.26 (*$2.40) per 1,000 gallons for usage from 0—10,000 gallons
2. $2.94 (*$3.12) per 1,000 gallons for usage from 11,000—15,000 gallons
3. $3.61 (*$3.83) per 1,000 gallons for usage from 16,000—20,000 gallons
4. $4.28 (*$4.54) per 1,000 gallons for usage from 21,000—25,000 gallons
5. $4.96 (*$5.26) per 1,000 gallons for usage of 26,000 gallons and more
iv. Commercial usage charge: Defined to be a meter serving three or more living units
or any commercial location, providing water for domestic usage:
1. $2.49 (*$2.64) per 1,000 gallons
v. Commercial irrigation usage charge: Defined to be a meter serving a commercial
customer dedicated for non-domestic usage:
1. $2.68 (*$2.84) per 1,000 gallons
2. $2.49 (*$2.64) per 1,000 gallons Residential Multifamily 3 plus units
vi. Residential and Commercial customers in Brazos County Municipal Utility
District #1: All rates as above, with an added 50% surcharge.
b. Sec. 40-65. Rates for sewerage service.
Resolution No._________ Page 3 of 5
i. For customers using sewerage service for household purposes, where City water
service is provided with a meter for each residential unit, the monthly charges shall
be as follows:
1. Service charge: $20.28 for first 4,000 gallons of water metered.
2. Usage charge: $4.06 per 1,000 gallons of water usage for the next 5,000
gallons of water metered.
3. Maximum billing: $44.64 cap for metered water is 10,000 gallons.
ii. For customers using sewerage service for household purposes, multifamily
residences with kitchen facilities in each residential unit where water service is
provided without a meter for each residential unit shall pay a monthly charge per
household unit as $25.80.
iii. For customers using sewerage service for household purposes, multifamily
residences with more than 50 units without kitchen facilities in each unit shall pay
a monthly charge per household unit of $16.10.
iv. For customers using sewerage service for household purposes, multifamily
residences having 50 residential units or less without kitchen facilities in each
residential unit, where water service is provided without a meter for each
residential unit such as, but not limited to, fraternity houses, sorority houses,
boarding houses and privately owned student dorms, the monthly charges shall be
as follows:
1. Service charge as $17.40 per month.
2. Usage charge as $4.06 per 1,000 gallons of water usage.
v. For customers using sewerage service for commercial, industrial, or institutional
business establishments, the monthly charges shall be as follows:
1. Service charge as $17.40 per month.
2. Usage charge as $4.83 per 1,000 gallons of water usage.
vi. For customers outside the City water service area (where City water meters do not
exist), using City sewerage service for commercial, industrial, or institutional
business establishments the customer will be charged a monthly rate, based on
average rounded water use for the previous 12 months, the monthly charges shall
be as follows:
1. Service charge as $17.40 per month.
2. Usage charge as $4.83 per 1,000 gallons of water usage, based on average
monthly water use for the previous 12 months.
vii. For customers outside the City water service area (where City water meters do not
exist), using City sewerage service for household purposes, the customer will be
charged the monthly rate as set out in section 2-1 for 10,000 gallons per month,
unless the customer establishes, as determined by the City Manager, that the
average rounded water usage is less than 9,001 gallons per month in which case
the customer will be charged the following amount:
1. 0—5,000 gallons per month $20.28
2. 5,001—7,000 gallons per month $28.39
3. 7,001—9,000 gallons per month $36.51
4. 9,001—10,000 > gallons per month $44.64
viii. For customers where sewerage service is provided through a satellite wastewater
treatment plant not connected to the City's main sewer collection and treatment
Resolution No._________ Page 4 of 5
system (typically outside the corporate limits of the City) the monthly charge per
residential unit is as $49.05.
ix. All customers receiving sewer service under contract where the sewer rates are not
addressed in the contract shall pay 1.15 times the amounts set forth above.
x. Residential and Commercial customers in Brazos County Municipal Utility
District #1: All rates as above, with an added 50% surcharge.
Resolution No._________ Page 5 of 5
c. Sec. 40-66. Water and sewer service connection fees, and sewer inspection fees.
i. Fee for water service connection. The City will charge a service charge to all
customers connecting to the water system within or outside the corporate limits of
the City. The service charge will be based on water meter size.
1. The water service connection fee shall apply to all connections to the
water system, including meter set-ins. The service charge for water
connection is (*bracketed rates effective 1 July 2018):
Meter Size Charge
a. ¾ inch $607.00 (*$643.42)
b. 1 inch $739.00 (*$783.34)
c. 1 ½ inch $2,001.00 (*$2,121.06)
d. 2 inch $2,961.00 (*$3,138.66)
2. For three-inch and larger water meters, a $100.00 service charge will be
assessed and includes only an inspection fee. Meters of this size must be
purchased by the developer that meet current City specifications. The
developer is responsible for contracting a licensed/bonded contractor,
acquiring applicable permits to install the service connection in
accordance with City specifications, and is to be inspected by the City
before meter is placed into service.
ii. Fee for sewer service connection. All customers connecting to the sewerage
system within or outside the corporate limits of the City will have a service charge
based on sewer connection size.
Sewer Connection Size Charge
a. 4 inch / RESIDENTIAL $350.00
b. 6 inch / NONRESIDENTIAL $100.00
d. Sec. 40-67. Fire flow testing.
i. For customers requesting a fire flow test on the existing City water system, an
additional charge established in Section 2-117 will be assessed as described herein.
1. Fire Flow Test Fee: $100.00 per tested hydrant.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:317-0556 Name:Rezoning – Hartzell Elkin Tract
Status:Type:Rezoning Agenda Ready
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-4.2, “Official
Zoning Map” of the Code of Ordinances of the City of College Station, Texas by changing the zoning
district boundaries from R Rural to SC Suburban Commercial, E Estate and NAP Natural Areas
Protected on approximately 35 acres of land being situated at the northwest intersection of William D.
Fitch Parkway and Rock Prairie Road. Case #REZ2017-000010
Sponsors:Jenifer Paz
Indexes:
Code sections:
Attachments:Background Information
SAM & Aerial
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-4.2, “Official
Zoning Map” of the Code of Ordinances of the City of College Station, Texas by changing the zoning
district boundaries from R Rural to SC Suburban Commercial, E Estate and NAP Natural Areas
Protected on approximately 35 acres of land being situated at the northwest intersection of William D.
Fitch Parkway and Rock Prairie Road. Case #REZ2017-000010
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Neighborhood Integrity
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item at their September
7th meeting and voted unanimously to recommended approval.
Summary: This request is amending the zoning district boundaries on the property to rezone
approximately 35 acres from R Rural to SC Suburban Commercial on approximately 21.2 acres, to E
Estate on approximately 9.6 acres and to NAP Natural Areas Protected on approximately 4.6 acres.
REVIEW CRITERIA
College Station, TX Printed on 9/21/2017Page 1 of 4
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File #:17-0556,Version:3
1.Consistency with the Comprehensive Plan: The subject property is designated on the
Comprehensive Plan’s Future Land Use and Character Map as Suburban Commercial on the
northwest intersection of William D. Fitch and Rock Prairie Road. The remainder of the property is
designated as Estate with the portion located within and near the floodplain designated as Natural
Areas Reserved. The rezoning request for the subject property is consistent with these
designations.
The Suburban Commercial designation is intended for commercial activities that cater primarily to
nearby residents and are areas that tend to be small in size and located adjacent to major
roadways. The design of structures in this land use are intended to be compatible in size, roof
type and pitch, architecture, and lot coverage with the surrounding single-family residential uses.
SC Suburban Commercial is proposed at the intersection of Rock Prairie Road and William D.
Fitch Parkway, which will allow for commercial development that is compatible with the adjacent
and surrounding single-family residential.
The Estate designation is generally for areas that, due to public service limitations or a prevailing
rural character, should have limited development activities. E Estate is proposed along William D.
Fitch Parkway, adjacent to the proposed SC Suburban Commercial. E Estate will allow low
density residential development.
Natural Areas Reserved is for areas permanently protected from development. Such areas are
preserved for their natural function or for park, recreation, or greenways opportunities. These
areas include areas such as regulatory floodway, publicly owned open space, conservation
easement, and public parks. The portion proposed for NAP Natural Areas Protected is the
approximate location of the 100-year floodplain, which will preserve this portion of the property in
its natural state.
2.Compatibility with the present zoning and conforming uses of nearby property and with
the character of the neighborhood: The property is currently zoned R Rural, which allows for
agricultural type uses and large lot single-family. The property is currently vacant and
undeveloped.
Properties to the east, south and southwest are also zoned R Rural and are generally vacant and
undeveloped with the exception of the CSISD bus barn to the west, across Rock Prairie Road.
The properties to the west, low to medium density single-family development in the future
Williams Creek Lake Estates, are zoned RS Restricted Suburban, along Rock Prairie Road, and
E Estate.
The proposed zoning district, SC Suburban Commercial on approximately 21 acres, will allow for
low-density commercial uses that provide services to nearby residents and intend to be
compatible with the character of suburban single-family neighborhoods. The E Estate zoning
proposed on approximately 9.6 acres, will allow low-density single-family development similar to
the adjacent Williams Creek Lake Estates Subdivision. The NAP Natural Areas Protected zoning,
proposed on approximate 4.6 acres, will allow little to no development. This district is intended to
preserve the natural state of the property and allow uses for recreational or open spaces
purposes.
3.Suitability of the property affected by the amendment for uses permitted by the districts
that would be made applicable by the proposed amendment: The proposed zoning district,
College Station, TX Printed on 9/21/2017Page 2 of 4
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File #:17-0556,Version:3
SC Suburban Commercial on approximately 21 acres, at the intersection of two thoroughfares,
William D. Fitch Parkway and Rock Prairie Road is suitable for this property. It will allow for low-
density commercial uses that provide services to nearby neighborhoods while being compatible
with the character of suburban single-family neighborhoods. The E Estate zoning proposed on
approximately 9.6 acres, along William D. Fitch Parkway, will allow for the subdivision of one acre
single-family lots or lots averaging 20,000 square feet if clustered around open space. NAP
Natural Areas Protected is proposed at the northwest portion of the tract, approximate 4.6 acres,
where the area is designated as FEMA floodplain. This zoning district will allow little to no
development and intended to preserve the property in its natural state.
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 vacant
and undeveloped. The existing zoning of R Rural will allow for one single-family home and for
agricultural uses. Although the property can be developed with the current zoning district, it is not
suitable for this property given the recent single-family development in the general area.
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 marketability
of the entire tract will increase if rezoned. Currently the property is marketable as an agricultural
homestead due to the current zoning district, R Rural. In comparison, the portion proposed to be
rezoned to SC Suburban Commercial, approximately 21 acres at the intersection of two major
thoroughfares, will allow for commercial uses that will served the nearby neighborhoods. The
portion, approximately 9.6 acres, proposed as E Estate will allow for the development of multiple
low-density single-family lots, which is adjacent to William Creek Lake Estates, a low to median
density single-family subdivision. The remainder of the property, proposed as NAP Natural Areas
Protected would likely have a low market value given that the floodplain within this portion of the
property would not allow for the development of structures.
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: There is an existing 18-inch water main on the
south side of Rock Prairie Road. The site will have sanitary sewer access via an 8-inch sewer
line, which was recently extended along the northwest of the property, from an existing 12-inch
sewer main from William D. Fitch Parkway. Water and sewer mains will need to be extended to
serve all lots at the time of final platting.
The subject property is located in the Carter Creek Drainage Basin. There is FEMA regulated
floodplain on the northwest portion of the property. Detention will need to be evaluated and
designed in accordance with the BCS Unified Stormwater Design Guidelines.
The property has frontage to a future four-lane Minor Arterial, Rock Prairie Road, and to a six-lane
Major Arterial, William D. Fitch Parkway. Access to the future development will require the
extension and street connection to future Williams Lake Drive, two-lane Minor Collector, and Joe
Will Drive.
Budget & Financial Summary: N/A
Attachments:
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File #:17-0556,Version:3
1.Background Information
2.Aerial & Small Area Map
3.Ordinance
College Station, TX Printed on 9/21/2017Page 4 of 4
powered by Legistar™
NOTIFICATIONS
Advertised Commission Hearing Date: September 7, 2017
Advertised Council Hearing Dates: September 25, 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:
Williams Creek HOA
Property owner notices mailed: Seven (7)
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Estate Estate Future Williams Creek
Lake Estates
South
(across William D.
Fitch Pkwy.)
Restricted Suburban R Rural Vacant
East
(across William D.
Fitch Pkwy.)
Estate R Rural Vacant
West
(across Rock Prairie
Road)
Institutional/Public R Rural CSISD Administrative
Office & bus barn
DEVELOPMENT HISTORY
Annexation: October 13, 1983 & November 24, 2002
Zoning: A-O Agricultural Open upon Annexation
A-O Agricultural Open renamed to R Rural in 2014
Final Plat: Property is unplatted
Site development: Property is currently vacant and undeveloped.
ORDINANCE NO. _____
AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 12-4.2, “OFFICIAL
ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES
AFFECTING APPROXIMATELY 35 ACRE BEING SITUATED AT THE NORTHWEST
INTERSECTION OF WILLIAM D. FITCH PARKWAY AND ROCK PRAIRIE ROAD
CERTAIN PROPERTIES AS DESCRIBED BELOW; PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,”
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”, Exhibit “B” and Exhibit “C”
attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances is
held invalid or unconstitutional, the invalidity or unconstitutionality does not affect
other provisions or application of this Ordinance or the Code of Ordinances of the City
of College Station, Texas, that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision or
agency, business trust, estate, trust, partnership, association and any other legal entity
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) and not more than five hundred dollars ($500.00) or more
than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health
and sanitation ordinances, other than the dumping of refuse. Each day such violation
shall continue or be permitted to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date
of passage by the City Council, as provided by City of College Station Charter Section
35.
ORDINANCE NO. _____ Page 2 of 7
PASSED, ADOPTED and APPROVED this 25th day of September 2017
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. _____ Page 3 of 7
EXHIBIT “A”
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as follows:
The following property is rezoned from R Rural to SC Suburban Commercial:
ORDINANCE NO. _____ Page 4 of 7
The following property is rezoned from R Rural to E Estate:
ORDINANCE NO. _____ Page 5 of 7
The following property is rezoned from R Rural to NAP Natural Areas Protected:
ORDINANCE NO. _____ Page 6 of 7
EXHIBIT “B”
ORDINANCE NO. _____ Page 7 of 7
EXHIBIT “C”
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0557 Name:Rezoning – Wolters Tract
Status:Type:Rezoning Agenda Ready
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the
zoning designation from R Rural to RS Restricted Suburban and NAP Natural Areas Protected for
approximately 46 acres located near North Forest Parkway, generally located north of Appomattox
Drive and Emerald Forest Subdivision. Case # REZ2016-000020
Sponsors:Madison Thomas
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 the
zoning designation from R Rural to RS Restricted Suburban and NAP Natural Areas Protected for
approximately 46 acres located near North Forest Parkway, generally located north of Appomattox
Drive and Emerald Forest Subdivision. Case # REZ2016-000020
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Neighborhood Integrity
·Diverse Growing Economy
Recommendation(s): The Planning & Zoning Commission heard this item on 17 August and voted 5-
0 to recommend approval.
Summary: The applicant is requesting a rezoning from R Rural to RS Restricted Suburban and
NAP Natural Areas Protected. The RS zoning district includes lands planned for single- family
residential purposes and accessory uses. This district is designed to accommodate sufficient,
suitable residential neighborhoods, protected and/or buffered from incompatible uses and provided
with necessary and adequate facilities and services. The applicant proposes single-family
residential development on the property. The NAP area is a designated buffer area along Carters
Creek, which runs along the property boundary. It creates a separation between the residential
zoned area and the creek bed which can be considered hazardous in some places.
REVIEW CRITERIA
College Station, TX Printed on 9/21/2017Page 1 of 3
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File #:17-0557,Version:1
1.Consistency with the Comprehensive Plan:The subject area is designated on the
Comprehensive Plan Future Land Use and Character Map as Restricted Suburban. This land
use designation is generally for areas that should have a moderate level of development
activities. These areas will tend to consist of medium-density single-family residential lots
(average 8,000 square feet) when clustered around open space, or larger lot sizes when not
clustered. The proposed zoning permits single-family residential lots, allowing the property to
be developed consistent with the Comprehensive Plan.
The property along the creek is designated as Natural Areas Reserved to protect the land
along the edge of the creek. Natural Areas Reserved designation is for areas that represent a
constraint to development, and should be preserved for their natural function.
The applicant is proposing to rezone this area as Natural Areas Protected to prohibit
development too close to the creek bed, which is consistent with the Comprehensive Plan.
2.Compatibility with the present zoning and conforming uses of nearby property and with
the character of the neighborhood:The properties to the south of the subject property are
developed as single-family homes zoned General Suburban. This proposed zoning change
would be similar to, though less dense than what already exists to the south of it. The adjacent
property of undeveloped and agricultural uses is similarly compatible with the potential
Restricted Suburban subdivision or for portions of it to remain as an agricultural use to graze
livestock on. The wastewater treatment plant to the west of the property would not be ideal
adjacent to any residential uses.
The NAP area is a designated buffer area along the creek that runs along the property
boundary. It creates a separation between the residential zoned area and the creek bed
which can be considered hazardous in some places due to the steep slopes along the bank of
the creek.
3.Suitability of the property affected by the amendment for uses permitted by the district
that would be made applicable by the proposed amendment:Under RS Restricted
Suburban, the property would be allowed to develop as single-family homes with lots that
average 10,000 square feet or if clustered 8,000 square feet. The subject property would
connect to the existing Spring Creek Street and would function similar to a continuation of the
adjacent neighborhood. The creek, along its northern boundary and the floodplain on the
adjacent property to the east create natural buffers around the proposed site. As previously
stated, a wastewater treatment plant is not an ideal use adjacent to single-family.
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 could
currently develop as a rural subdivision with larger lots. Due to limited access to this property, a
subdivision with larger, fewer lots would be more feasible. This property is currently being used
as a pasture for livestock and could continue as this use.
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
could be marketed as an R Rural subdivision with 3 acre lot averages or it could remain
agricultural as it does have limited agricultural potential. Overall, the proposed RS Restricted
Suburban and NAP Natural Area Protected rezoning are anticipated to increase the
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marketability of the property.
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use:Water service will be served by the City of
College Station. There’s an existing 8-inch waterline on the western side that the
development may utilize to extend and serve the properties.
Sanitary Sewer service is available via an existing 27-inch sewer trunk line that is crossing the
subject tract. The Water/Wastewater department is coordinating with the developer to acquire
public utility easements for the future master planned sewer trunk lines.
The majority of the northern subject tract is in the Carter Creek Drainage Basin. The other
southern half of the tract is in the Bee Creek Drainage Basin. The subject tract does not require
detention.
Drainage and other public infrastructure required with site development shall be designed and
constructed in accordance with the B/CS Unified Design Guidelines. All other infrastructure
appear to have adequate capacity to serve the proposed rezoning.
STAFF RECOMMENDATION
Staff recommends approval.
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 9/21/2017Page 3 of 3
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NOTIFICATIONS
Advertised Commission Hearing Date: August 17, 2017
Advertised Council Hearing Date: September 25, 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:
Emerald Forest HOA
Property owner notices mailed: 6
Contacts in support: 1
Contacts in opposition: 1
Inquiry contacts: 1
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Natural Areas
Reserved
None (ETJ) Undeveloped
South
General Suburban
and Natural Areas
Reserved
General Suburban and
Rural
Single-family homes
East
Natural Areas
Reserved
Rural Undeveloped
West
Utilities Rural Wastewater Treatment
Plant
DEVELOPMENT HISTORY
Annexation: 1977
Zoning: Property zoned A-O Agricultural Open upon annexation
A-O renamed R Rural (2013)
Final Plat: Unplatted
Site development: Property is undeveloped.
Ordinance Form 8-14-17
ORDINANCE NO. _____
AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” 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 RS RESTRICTED SUBURBAN, AND NAP NATURAL AREAS PROTECED
FOR APPROXIMATELY 46 ACRES BEING SITUATED NEAR NORTH FOREST
PARKWAY, GENERALLY LOCATED NORTH OF APPOMATTOX DRIVE AND
EMERALD FOREST SUBDIVISION; 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 Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,”
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”, Exhibit “B” and Exhibit “C”
attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances is
held invalid or unconstitutional, the invalidity or unconstitutionality does not affect
other provisions or application of this Ordinance or the Code of Ordinances of the City
of College Station, Texas, that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision or
agency, business trust, estate, trust, partnership, association and any other legal entity
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) and not more than five hundred dollars ($500.00) or more
than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health
and sanitation ordinances, other than the dumping of refuse. Each day such violation
shall continue or be permitted to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date
of passage by the City Council, as provided by City of College Station Charter Section
35.
ORDINANCE NO. ____________ Page 2 of 9
Ordinance Form 8-14-17
PASSED, ADOPTED, and APPROVED this 25th day of September 2017.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. ____________ Page 3 of 9
Ordinance Form 8-14-17
Exhibit A
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as follows:
The following property is rezoned from R Rural to RS Restricted Suburban:
ORDINANCE NO. ____________ Page 4 of 9
Ordinance Form 8-14-17
ORDINANCE NO. ____________ Page 5 of 9
Ordinance Form 8-14-17
The following property is rezoned from R Rural to NAP Natural Areas Protected:
ORDINANCE NO. ____________ Page 6 of 9
Ordinance Form 8-14-17
ORDINANCE NO. ____________ Page 7 of 9
Ordinance Form 8-14-17
ORDINANCE NO. ____________ Page 8 of 9
Ordinance Form 8-14-17
Exhibit B
ORDINANCE NO. ____________ Page 9 of 9
Ordinance Form 8-14-17
Exhibit C
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0558 Name:PUE Abandonment - W.C. Boyett Estate Partition,
Block 10, Lot 5 & 6
Status:Type:Ordinance Agenda Ready
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance vacating and
abandoning an existing 10-foot wide Public Utility Easement, which is located on Lots 5 & 6, Block 10
of the W.C. Boyett Estate Partition, according to the plat recorded in Volume 100, Page 440, of the
Official Records of Brazos County, Texas.
Sponsors:Carol Cotter
Indexes:
Code sections:
Attachments:Vicinity Map
Vicinity Map
Exhibit A
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance vacating and
abandoning an existing 10-foot wide Public Utility Easement, which is located on Lots 5 & 6, Block 10
of the W.C. Boyett Estate Partition,according to the plat recorded in Volume 100, Page 440, of the
Official Records of Brazos County, Texas.
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): Staff recommends approval.
Summary: The public utility easement abandonment accommodates future development of the tract.
As part of the abandonment, an additional public utility easement dedication is being required to
cover a newly installed sewer line. If the condition is not met, the abandonment will be null and void.
The existing 10-foot wide public utility easement to be abandoned is located on Lots 5 & 6, Block 10
of the W.C. Boyett Estate Partition,according to the plat recorded in Volume 100, Page 440, of the
Official Records of Brazos County, Texas.
Budget & Financial Summary: N/A
Attachments:
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File #:17-0558,Version:1
1.Vicinity Map
2.Location Map
3.Ordinance
4.Exhibit "A"
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EXHIBIT A
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING
AND ABANDONING A 919 SQUARE FOOT PORTION OF AN EXISTING PUBLIC
UTILITY EASEMENT, SAID PORTION LYING ALONG LOTS 5 & 6, BLOCK 10, OF
THE W.C. BOYETT ESTATE PARTITION, ACCORDING TO THE PLAT
RECORDED IN VOLUME 100, PAGE 440 OF THE OFFICIAL RECORDS OF
BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of a public utility easement, said portion lying along
Lots 5 & 6, Block 10, of the W.C. Boyett Estate Partition, according to the plat recorded
in Volume 100, Page 440, of the Official Records of Brazos County, Texas, as described
in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Public Utility
Easement”); and
WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the
City Council of the City of College Station, Texas, the City Council must make certain
affirmative findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Public Utility
Easement described in Exhibit "A" attached hereto and made a part of this
ordinance for all purposes:
1. Abandonment of the Public Utility Easement will not result in
property that does not have access to public roadways or utilities;
2. There is no public need or use for the Public Utility Easement;
3. There is no anticipated future public need or use for the Public
Utility Easement; and
4. Abandonment of the Public Utility Easement will not impact access
for all public utilities to serve current and future customers.
PART 2: That the Public Utility Easement as described in Exhibit “A” be abandoned
and vacated by the City upon the completion of the following condition:
1. That the Applicant shall convey by separate instrument or plat to the
City, an additional 999 square foot Public Utility Easement to cover
a newly installed sewer line as part of this abandonment.
ORDINACE NO. ___________ Page 2 of 3
PASSED, ADOPTED and APPROVED this 25th day of September, 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:217-0561 Name:Rezoning – Carter Creek Condos
Status:Type:Rezoning Agenda Ready
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix “A”, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from CI
Commercial Industrial to MF Multi-Family and NAP Natural Areas Protected for approximately 6 acres
located at 1451 Associates Avenue. Case # REZ2017-000005
Sponsors:Madison Thomas
Indexes:
Code sections:
Attachments:Background Information
SAM & Aerial
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix “A”, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas by changing the zoning district boundaries from CI
Commercial Industrial to MF Multi-Family and NAP Natural Areas Protected for approximately 6
acres located at 1451 Associates Avenue. Case # REZ2017-000005
Relationship to Strategic Goals:
·Good Governance
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): The Planning & Zoning Commission considered this item on 7 September and
voted 5-0 to recommend approval.
Summary: The applicant has requested a rezoning from CI Commercial Industrial to approximately
5.2 acres of MF Multi-Family and approximately 0.8 acres of NAP Natural Areas Protected in order
to build a multi-family residential development on the property. The Natural Areas Protected area
would provide a designated buffer area along Carters Creek.
REVIEW CRITERIA
1.Consistency with the Comprehensive Plan:The majority of the subject area is designated
on the Comprehensive Plan Future Land Use and Character Map as Urban. This land use
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designation is generally for areas that should have a very intense level of development
activities. These areas will tend to consist of townhomes, duplexes, and high-density
apartments. The proposed zoning permits high-density multi-family development, allowing the
property to be developed consistent with the Comprehensive Plan.
The property along the creek is designated as Natural Areas Reserved to protect the land
along the edge of the creek. Natural Areas Reserved designation is for areas that represent a
constraint to development, and should be preserved for their natural function.
The applicant is proposing to rezone this area as Natural Areas Protected to prohibit
development along the creek bed, which is consistent with the Comprehensive Plan.
2.Compatibility with the present zoning and conforming uses of nearby property and with
the character of the neighborhood:The properties to the south of the subject property
across Associates Avenue are developed with commercial structures. The property to the north
and east remain undeveloped, but are zoned for commercial uses. This proposed zoning
change would be compatible with the adjacent properties. High-density residential is
appropriate along this street as it is buffered by a creek to the north and a street to the south.
The property to the east could develop as commercial, and is more ideal for a commercial
property because it is adjacent to Harvey Road.
The NAP Natural Areas Protected area is a designated buffer area along the creek that runs
along the property boundary. It creates a separation between the residential zoned area and the
creek bed
3.Suitability of the property affected by the amendment for uses permitted by the district
that would be made applicable by the proposed amendment:Under the Multi-family
zoning designation, the property could develop with a minimum density of 12 dwelling units per
acre and a maximum of 30 dwelling units per acre. The creek and floodplain, along the
northwest portion of this site and north boundary on the adjacent property create natural buffers
around the proposed site.
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 could
currently develop as a lot with commercial industrial use. However, due to limited access to this
property, and little visibility from high-traffic public roadways, it is not highly desired for
commercial uses. This property is currently undeveloped.
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
could be marketed as a property designated for a commercial industrial use. This property
was rezoned to Commercial Industrial in 2003 and has sat vacant since. It is not visible from
the highway and lacks the benefit of adjacent businesses and traffic they would produce. Due
to these characteristics, it does seem to have limited potential with this zoning designation.
Overall, the proposed Multi-Family and Natural Area Protected rezoning are anticipated to
increase the marketability of the property.
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use:Water service will be served by the City of
College Station. There’s an existing 8-inch waterline along Associates Avenue.
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Sanitary Sewer service is available via an existing 21-inch sewer main running at the rear of
the tract.
The subject tract is in the Carter Creek’s Drainage Basin. The site is generally draining towards
the north to Carter Creek’s Tributary. The subject tract does not require detention per current
watershed timing assessment.
Drainage and other public infrastructure required with site development will be designed and
constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure
appear to have capacity to adequate serve the proposed change of use at this time.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning request.
Budget & Financial Summary: N/A
Attachments:
1.Background Information
2.Aerial and Small Area Map
3. Ordinance
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NOTIFICATIONS
Advertised Commission Hearing Date: September 7, 2017
Advertised Council Hearing Date: September 25, 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:
N/A
Property owner notices mailed: 9
Contacts in support: None at the time of staff report.
Contacts in opposition: None at the time of staff report.
Inquiry contacts: 1
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Natural Areas
Reserved
GC General
Commercial
GS General Suburban
Undeveloped
South
(Across
Associates
Avenue)
General Commercial
GC General
Commercial
Commercial
East
Natural Areas
Reserved
GC General
Commercial
Undeveloped
West Natural Areas
Reserved
CI Commercial
Industrial
GS General Suburban
Undeveloped/auto
service parking lot/
Carter’s Creek
DEVELOPMENT HISTORY
Annexation: 1958
Zoning: A-O Agricultural Open upon Annexation (1984)
A-O to C-1 General Commercial (Unknown)
C-1 General Commercial to C-2 Commercial Industrial (2003)
C-2 Commercial Industrial renamed CI Commercial Industrial
(2014)
Final Plat: Unplatted
Site development: Vacant
Ordinance Form 8-14-17
ORDINANCE NO. _____
AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 12-4.2, “OFFICIAL
ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES
AFFECTING APPROXIMATELY SIX ACRES BEING SITUATED AT 1451
ASSOCIATES AVENUE, CERTAIN PROPERTIES AS 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 Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,”
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”, Exhibit “B” and Exhibit “C”
attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances is
held invalid or unconstitutional, the invalidity or unconstitutionality does not affect
other provisions or application of this Ordinance or the Code of Ordinances of the City
of College Station, Texas, that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision or
agency, business trust, estate, trust, partnership, association and any other legal entity
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) and not more than five hundred dollars ($500.00) or more
than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health
and sanitation ordinances, other than the dumping of refuse. Each day such violation
shall continue or be permitted to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date
of passage by the City Council, as provided by City of College Station Charter Section
35.
ORDINANCE NO. ____________ Page 2 of 8
Ordinance Form 8-14-17
PASSED, ADOPTED, and APPROVED this 25th day of September 2017.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. ____________ Page 3 of 8
Ordinance Form 8-14-17
Exhibit A
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as follows:
The following property is rezoned from CI Commercial Industrial to MF Multi-Family:
ORDINANCE NO. ____________ Page 4 of 8
Ordinance Form 8-14-17
ORDINANCE NO. ____________ Page 5 of 8
Ordinance Form 8-14-17
The following property is rezoned CI Commercial Industrial to NAP Natural Areas Protected:
ORDINANCE NO. ____________ Page 6 of 8
Ordinance Form 8-14-17
ORDINANCE NO. ____________ Page 7 of 8
Ordinance Form 8-14-17
Exhibit B
ORDINANCE NO. ____________ Page 8 of 8
Ordinance Form 8-14-17
Exhibit C
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0562 Name:Rezoning – Brewster Pointe Phase 2
Status:Type:Rezoning Agenda Ready
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R
Rural to GS General Suburban for approximately 14 acres located at 3387 Barron Cut-Off Road.
Case #REZ2017-000021
Sponsors:Rachel Lazo
Indexes:
Code sections:
Attachments:Background Information
Vicinity SAM & Aerial
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R
Rural to GS General Suburban for approximately 14 acres located at 3387 Barron Cut-Off Road.
Case #REZ2017-000021
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 7 September
and voted 5-0 to recommend approval of the request.
Summary: This request is amending the zoning district boundaries on the property to rezone
approximately 14 acres from R Rural to GS General Suburban.
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 General Suburban and in
Growth Area IV. The Comprehensive Plan states that this designation is for areas that should
have intense levels of development consisting of high-density single-family residential lots.
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The Growth Area limits the high density single family lots to the portions designated General
Suburban in the Future Land Use & Character map. Additionally, City Council recently
amended the Comprehensive Plan Future Land Use and Character map for this area to
General Suburban to allow for the development of high density single-family. The proposed
rezoning would allow this type of development and is consistent with the General Suburban
land use designation.
2.Compatibility with the present zoning and conforming uses of nearby property and with
the character of the neighborhood: Much of the surrounding area is zoned R Rural as a
result of their annexation into the City as a placeholder zoning, but their existing character is
captured within the Comprehensive Plan’s Future Land Use and Character map as guidance for
future rezonings. The properties to the east are currently under construction as dense General
Suburban single-family lots. The neighboring properties to the south and west are currently
zoned R Rural and used for low-density single-family, like the subject tract, these properties are
also General Suburban on the Future Land Use and Character map. The properties to the north
are across Barron Cut-Off Road and part of a larger area are also zoned R Rural and
designated Estate on the Future Land Use and Character Map which is in line with their
currently configured character. All of the surrounding properties are compatible with the
proposed zoning.
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 property is located on
Barron Cut-Off Road, a future 2-lane Minor Collector, and is a continuation of the single-family
development to the north which is providing the extension of Etonbury Avenue, a future 2-lane
Major Collector. The property is suitable for the proposed General Suburban zoning and the
uses allowed in this 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 undeveloped and vacant while the surrounding properties are zoned
or used for single-family. The property is suitable for single-family use similar to the surrounding
properties. R Rural allows for low density single family and agricultural uses but as College
Station expands southward, this area has been identified by the Comprehensive Plan as an
area that is suitable to develop with greater density.
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 subject
property is currently marketable for low-density single-family in the R Rural zoning district.
However, the marketability of the property will increase if the property is zoned to General
Suburban to allow for higher-density single-family uses due to its proximity to the dense single-
family development under construction to the north (Brewster Pointe Phase 1).
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: Water and sanitary sewer lines will be extended
from Brewster Pointe Ph1. The subject property is located in the Spring Creek Drainage basin,
and detention is required with development. Drainage and other public infrastructure required
with the property shall be designed and constructed in accordance with the B/CS Unified Design
Guidelines during platting of the property.
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The property has frontage to Barron Cut-Off Road which is a 2 Lane Minor Collector on the
Thoroughfare Plan. Internal street network and connection to proposed thoroughfares will also
be provided at the time of platting.
Budget & Financial Summary: N/A
Attachments:
1.Background Information
2.Vicinity Map, Small Area Map, and Aerial
3. Ordinance
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NOTIFICATIONS
Advertised Commission Hearing Date: September 7, 2017
Advertised Council Hearing Dates: September 25, 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:
Castlegate II HOA
Property owner notices mailed: Eleven (11)
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 Barron
Cut-Off Rd) Estate R Rural Single-Family
Residential
South General Suburban R Rural Single-family
Residential
East General Suburban GS General
Suburban
Single-Family
Residential
West General Suburban R Rural Single-Family
Residential
DEVELOPMENT HISTORY
Annexation: June 1995
Zoning: A-O Agricultural Open upon annexation
A-O Agricultural Open renamed to R Rural in 2014
Final Plat: N/A - Unplatted
Site development: Properties are currently vacant and undeveloped.
ORDINANCE NO. _____
AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4, “ZONING DISTRICTS,” 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 ON
APPROXIMATELY 14 ACRES OF LAND BEING SITUATED IN THE ROBERT
STEVENSON LEAGUE, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY,
TEXAS, SAID TRACT BEING ALL OF A CALLED ONE ACRE TRACT AS DESCRIBED
BY A DEED TO JERRY SWEED AND DOROTHY L. SWEED, RECORDED IN VOLUME
373, PAGE 283 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND ALL
OF A CALLED 3.12 ACRE TRACT DESCRIBED AS TRACT TWO, ALL OF A CALLED
3.12 ACRE TRACT DESCRIBED AS TRACT THREE, OF A CALLED 3.12 ACRE
TRACT DESCRIBED AS TRACT FOUR AND ALL OF A CALLED 3.12 ACRE TRACT
DESCRIBED AS TRACT FIVE BY A DEED TO ROUNTREE DEVELOPMENT, LTD.,
RECORDED IN VOLUME 13845, PAGE 244 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS CERTAIN PROPERTIES AS 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 Appendix A, “Unified Development Ordinance,” Article 4 “Zoning Districts,”
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”, Exhibit “B” and Exhibit “C”
attached hereto and made a part of this ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances is
held invalid or unconstitutional, the invalidity or unconstitutionality does not affect
other provisions or application of this Ordinance or the Code of Ordinances of the City
of College Station, Texas, that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision or
agency, business trust, estate, trust, partnership, association and any other legal entity
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) and not more than five hundred dollars ($500.00) or more
than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health
and sanitation ordinances, other than the dumping of refuse. Each day such violation
shall continue or be permitted to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date
of passage by the City Council, as provided by City of College Station Charter Section
35.
ORDINANCE NO. ____________ Page 2 of 6
PASSED, ADOPTED, and APPROVED this 25th day of September, 2017.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. ____________ Page 3 of 6
EXHIBIT “A”
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as follows:
The following property is rezoned from R Rural to GS General Suburban:
ORDINANCE NO. ____________ Page 4 of 6
ORDINANCE NO. ____________ Page 5 of 6
EXHIBIT “B” – Rezoning Map
ORDINANCE NO. ____________ Page 6 of 6
EXHIBIT “C”
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0563 Name:Rezoning – White’s Creek
Status:Type:Rezoning Agenda Ready
File created:In control:9/14/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix A, “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 E Estate for approximately 5 acres located at 15590 White’s Creek Lane. Case #REZ2017-
000020
Sponsors:Rachel Lazo
Indexes:
Code sections:
Attachments:Background Information
Vicinity SAM & Aerial
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Appendix A, “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 E Estate for approximately 5 acres located at 15590 White’s Creek Lane. Case #REZ2017-
000020
Relationship to Strategic Goals:
·Good Governance
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item on September 7th
and voted 5-0 to recommend approval of the request.
Summary: This request is amending the zoning district boundaries on the property to rezone
approximately 5 acres from R Rural to E Estate.
REZONING REVIEW CRITERIA
1.Consistency with the Comprehensive Plan: The subject property is designated as
Estate on the Comprehensive Plan’s Future Land Use and Character Map and is located in
Growth Area II on the Concept Map. According to the Comprehensive Plan, the Estate
designation is generally for areas that, due to public service limitations or a prevailing rural
character, should have limited development activities. These areas will tend to consist of low-
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density single-family residential lots of at least one acre in size or lots that average 20,000
square feet clustered around an open space. The Estate portion of Growth Area II specifically
speaks to this area developing at a low intensity due to service limitations. The rezoning
request is consistent with the Comprehensive Plan.
2.Compatibility with the present zoning and conforming uses of nearby property and with
the character of the neighborhood: The proposed zoning will conform with the nearby
properties in that it will allow large lot single-family development to occur in an existing low
density area. The other residential properties along White’s Creek Lane are just over an acre,
which is in line with the dimensional requirements for the E Estate zoning district.
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 property to the north,
across Greens Prairie Road West, is developed as an educational facility. To the east and south
are large lot single-family residential properties which are zoned R Rural as a placeholder
district until they rezone to be in conformance with the Comprehensive Plan, which designates
the surrounding areas as Estate. The property to the west was recently rezoned RS Restricted
Suburban for the development of a single-family subdivision. The subject tract is suitable for the
proposed zoning to allow low-density single-family residential.
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:
R Rural is not a suitable zoning district for this property, as it was only intended to be a
placeholder until the property owners requested a zoning change. While this one property meets
the lot area requirements for R Rural, the surrounding homes are all located on just above one
acre, which is in line with the applicant’s current request for E Estate.
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 subject
property is currently marketable as a single-family residential home, but the proposed minimum
one (1) acre lots are consistent with the Comprehensive Plan and also marketable. The
applicant states that there is “no marketability” for the current tract if it remains rural residential,
because it is located inside the City limits and along a very busy thoroughfare.
6.Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: There is a 2-inch water line along White’s Creek
Lane and a 12-inch water line along Greens Prairie Road West. There is no sewer in the
immediate area of the site, but estate lots are permitted for on-site septic facilities. Storm
drainage is generally to the north and the existing pond and portion of Spring Creek Tributary 5
on the subject tract. Subdivision of the site and any improvements necessary will be required to
meet BCS Guidelines. Access to the property is proposed from White’s Creek Lane, a private
street that connects to Greens Prairie Road West, a future 4-lane Minor Arterial.
Budget & Financial Summary: N/A
Attachments:
1.Background Information
2.Vicinity Map, Small Area Map, and Aerial
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File #:17-0563,Version:2
3.Ordinance
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NOTIFICATIONS
Advertised Commission Hearing Date: September 7, 2017
Advertised Council Hearing Dates: September 25, 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:
Castlegate HOA
Property owner notices mailed: Eleven (11)
Contacts in support: One at the time of staff report.
Contacts in opposition: One at the time of staff report. Concerns were regarding
increased density and a possible rezoning of the lot that will
front Greens Prairie for a daycare.
Inquiry contacts: None at the time of staff report.
ADJACENT LAND USES
Direction Comprehensive
Plan Zoning Land Use
North (across Greens
Prairie Rd W ) Institutional/Public GC General
Commercial
Forest Ridge
Elementary School
South Estate R Rural Single-family
Residential
East (across White’s
Creek Ln) Estate R Rural Single-family
Residential
West Restricted Suburban RS Restricted
Suburban Vacant
DEVELOPMENT HISTORY
Annexation: November 2002
Zoning: A-O Agricultural Open upon annexation
A-O Agricultural Open renamed to R Rural in 2013
Final Plat: N/A - Unplatted
Site development: Property is developed as one single-family residence.
ORDINANCE NO. _____
AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” 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 E ESTATE ON APPROXIMATELY FIVE ACRES GENERALLY LOCATED
AT 15590 WHITE’S CREEK LANE CERTAIN PROPERTIES AS 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 Appendix A, “Unified Development Ordinance,” Article 4 “Zoning Districts,”
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”, Exhibit “B” and Exhibit “C”,
attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances is
held invalid or unconstitutional, the invalidity or unconstitutionality does not affect
other provisions or application of this Ordinance or the Code of Ordinances of the City
of College Station, Texas, that can be given effect without the invalid or
unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision or
agency, business trust, estate, trust, partnership, association and any other legal entity
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) and not more than five hundred dollars ($500.00) or more
than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health
and sanitation ordinances, other than the dumping of refuse. Each day such violation
shall continue or be permitted to continue, shall be deemed a separate offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date
of passage by the City Council, as provided by City of College Station Charter Section
35.
PASSED, ADOPTED, and APPROVED this 25th day of September, 2017.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. ____________ Page 2 of 5
EXHIBIT “A”
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as follows:
The following property is rezoned from R Rural to E Estate:
FIELD NOTES
OF A
4.84 ACRE TRACT
BEING OUT OF THE
AUGUST BABILLE SURVEY, A-75
CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS
ORDINANCE NO. ____________ Page 3 of 5
ORDINANCE NO. ____________ Page 4 of 5
EXHIBIT “B” – Rezoning Map
ORDINANCE NO. ____________ Page 5 of 5
EXHIBIT “C”
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0496 Name:BVSWMA Appointments
Status:Type:Appointment Agenda Ready
File created:In control:8/25/2017 City Council Regular
On agenda:Final action:9/25/2017
Title:Presentation, possible action, and discussion regarding an appointment to the Brazos Valley Solid
Waste Management Agency, Inc Board of Directors.
Sponsors:Tanya McNutt
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding an appointment to the Brazos Valley Solid
Waste Management Agency, Inc Board of Directors.
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): None
Summary: Rick Floyd currently serves as one of College Station's three appointments to the
BVSWMA Board of Directors. Mr Floyd's term expires on September 30, 2017, requiring the Council
to appoint a new director. There are no term limits if the Council chooses to re-appoint Mr. Floyd to
the Board.
Budget & Financial Summary: None
Attachments:
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