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HomeMy WebLinkAbout01/28/2010 - Regular Agenda Packet - City CouncilMayor Council members Ben White John Crompton Mayor Pro Tem James Massey Dave Ruesink Dennis Maloney City Manager Katy-Marie Lyles Glenn Brown Lawrence Stewart Agenda College Station City Council Regular Meeting Thursday, January 28, 2010 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. Recognition of Appreciation to the City of College Station for support and contributions to the 2009 Patriot Day Celebration. Designation as Member of Texas Round Up Fit Cities Program by Governor Perry Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirt y seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Consent Agenda Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 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 b y majority vote of the Council. a. Presentation, possible action, and discussion of minutes for City Council Workshop and Regular Meeting, December 10, 2009 and January 14, 2010. b. Presentation, possible action, and discussion regarding a resolution in support of the 2010 U.S. Census. c. Presentation, possible action and discussion on the annual renewal agreement for concrete meter boxes with Sims Plastics of Waco for an annual expenditure of $88,192.00. This is the second and final renewal option that is effective beginning February 11, 2010 through February 10, 2011. Bid #08-20. City Council Regular Meeting Page 2 Thursday, January 28, 2010 d. Presentation, possible action, and discussion to approve a resolution awarding a contract for the construction of a radio tower and equipment pad at the Twin Oaks Landfill to the lowest respo nsible bidder AllState Tower of Henderson, Ky in the amount of $ 42,174.00. e. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of public utility easements needed for new utilities to improve the reliability of water and sewer service along Tauber and Stasney. f. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a construction contract (Contract Number #10-091) with Prince Irrigation, Inc. in the amount of $94,334 for trees and irrigation improvements on Eagle Avenue and Barron Road. g. Presentation, possible action and discussion regarding the approval of a resolution to update the Interlocal Agreement for Emergency Medical Ambulance Service to respond to emergencies in Brazos County and to establish the annual fee for FY 2010 at $273,531. h. Presentation, possible action, and discussion to ratify medical claims expenses of $37,913.15, claims administrative fees in the amount of $27,217.40, and stop loss administrative fees in the amount of $20,294.10 for a combined increase to the 2009 Blue Cross Blue Shield purchase order 090433, in the amount of $85,424.65. i. Presentation, possible action, and discussion regarding renewal of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues and programs (Contract Number 09-085) in an amount not to exceed $128,980.00 per year. j. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of easements needed for the Southwood Water and Wastewater Rehabilitation Project. Regular Agenda Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will recognize you to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. City Council Regular Meeting Page 3 Thursday, January 28, 2010 1. Presentation, possible action, and discussion regarding a resolution of the City Council of the City College Station, Texas, approving and setting fees for Parks and Recreation activities and facilities for Calendar Year 2010. 2. Public Hearing, presentation, possible action, and discussion regarding an ordinance repealing the College Station Bikeway and Pedestrian Master Plan (October 2002), and A Network of Greenways for College Station (May 1999) and amending the adopting Ordinance for the City of College Station Comprehensive Plan (Ordinance Number 3186) and adopting the Bicycle, Pedestrian, and Greenways Master Plan. 3. Public Hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas by rezoning from A-O Agricultural-Open to R-1 Single Family Residential 1.83 acres 2251 Sebesta Road, generally located east of Sandstone Subdivision and south of Emerald Forest Phase #7, at the terminus of Emerald Parkway. 4. Public Hearing, Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of right-of-way and easements needed for the Victoria Avenue Extension Project. 5. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning 4 utility easements in Horse Haven Estates, Phase 5. 6. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.85 Acre portion of Meadowland Street Right-of-Way, which is located more or less along Lots 1 through 19 of the Meadowland Addition, and Lots 4 through 10, Block 2 of the North Park Subdivision according to the plats recorded in Volume 94, Page 278, and in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. 7. Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, “Utilities” Section 4, “Electric Service” of the Code of Ordinances of the City of College Station, Texas having the effect of lowering rates for residential wind energy customers and adding a wind energy option for commercial electric customers. 8. Presentation, possible action, and discussion regarding a nomination to the Board of Managers of the Brazos County Emergency Communications District. 9. Presentation, possible action, and discussion on appointment to vacant position on the Historic Preservation Committee. 10. Adjourn. If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held. APPROVED: ________________________________ City Manager City Council Regular Meeting Page 4 Thursday, January 28, 2010 Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the Thursday, January 28, 2010 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda. Posted this 25th day of January, 2010 at 2:00 p.m. ________________________________ City Secretary I, the undersigned, do hereby certif y that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on January 25, 2010 at 2:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: __________________________ by ________________________. Dated this _____day of ________________, 2010 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2010. ______________________________ Notary Public – Brazos County, Texas My commission expires: ___________ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service mus t be made 48 hours before the meeting. To make arrangements call (979) 764 -3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19. January 28, 2010 Consent Agenda Item No. 2b 2010 U.S. Census To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Presentation, possible action, and discussion regarding a resolution in support of the 2010 U.S. Census. Recommendation(s): Staff recommends approval of the resolution. Summary: This item is a resolution in sl-rpport of the 2010 U.S. Census. Required once every 10 years by the U.S. Constitution, the census counts everyone living in the United States, both citizens and noncitizens. Census data are used to reapportion the U.S. House of Representatives, re-district each state and determine the distribution of the Electoral College. Census data also directly affect how more than $400 billion per year in federal funding is distributed to state, local and tribal governments. On a local level, Census data both public and private sectors to help determine when to expand infrastructure and helps guide local decisions relating to business development, school locations, infrastructure investments, expansion of water services, and many other services. In March 2010, more than 130 million addresses across the nation will receive a census form. One of the shortest census forms in history, the 2010 Census form asks 10 questions and takes only 10 minutes to complete. The City of College Station benefits from a complete and accurate count of all of its residents as it will provide valuable information about how the City has grown and help identify how to best serve the citizens of College Station in the future. Budget & Financial Summary: N/A Attachments: 1. Resolution RESOLUTION NO. A RESO1,UTION OF TI-IE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AFFIRTVIING THE cIm OF COLLEGE STATION'S SUPPORT OF AND PARTNERSHIP WITI-I THE 201 o CENSUS. WHEREAS, the U.S. Cens~zs Bureau is required by the Constitution of the United States of America to conduct a count of the population and provides a historic opportunity for College Station to help shape the fbundation of our society ~nd play an active role in American democracy; WHEREAS, The City of College Station is committed to ensuring eveiy resident is counted; WHEREAS, more that $300 billion per year in federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based on census data, including healthcarc, community development, housing, education, transportation, social seivices, employment, and much more; WHEREAS, census data determine how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; WHEREAS, the 2010 Census creates hundreds of thousands of jobs across the nation; WHEREAS,, eveiy Ccnsus Bureat1 worlter talres a lifethe oath to protect confidentiality and ensure that data idcntifying respondents or theit: household not be released or shared for 72 years; WHEREAS, a unitcd voice from businesses, government, community-based and faith-based organizations, educators, media and others will allow the 2010 Census message to rcach a broader au+ence, providing trusted advocated who can sparlr positive convcrsations about the 2010 Census; BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'IY OF COLLEGE STATION, TEXAS: PART 1 : Supports the goals and ideals for thc 2010 Census and will disseminate 2010 Cellsus information to encourage participation. PART 2: Aslts its afmates and citizeils to partner toget11e.r to achieve an accurate and complete count. PART 3: Encourage peoplc in College Station to particip~te in events and initiatives that will raisc overall awareness of the 201 0 Census and increase participation among all populatioils. ADOPTED this 28th day of Jmuaiy, A.D. 2010. ATTEST: City Secretary APPROVED: APPROVED: January 28, 2010 Consent Agenda Item No. 2c Annual Concrete Meter Boxes Renewal To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on the annual renewal agreement for concrete meter boxes with Sims Plastics of Waco for an annual expenditure of $88,192.00. This is the second and final renewal option that is effective beginning February 11, 2010 through February 10, 2011. Bid #08-20. Recommendation(s): Staff recommends approval of the renewal agreement with Sims Plastics of Waco for an annual estimated expenditure totaling $88,192.00. Summary: Purchases will be made as needed during the term of the agreement. The concrete meter boxes are maintained in Water Inventory in an inventory account and expensed as necessary during the agreement period. Budget & Financial Summary: Funds are budgeted and available in the Water Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Attachments: Signed renewal agreement letter. RENEWAL ACCEPTANCE By sigl~ing herewith, I aclulowledge and agree to renew Bid No. 08-20, for Concrete Meter Boxes in accordance with all pricing, ter~ns and conditions previously agreed to and accepted in an anlouilt not to exceed $88,192.00 I understand this renewal tell11 will be for the period beginning Februasy 11,201 0 through Febiuary 10,201 1. AUTHOIUZED REPRESENTATIVE CITY OF COLLEGE STATION Mayor DATE ATTEST: City Secretary DATE APPROVED: qty Manager DATE DATE Chief Financial Officer DATE STATE OP TEXAS CORPORATE ACKNOWLEDGMENT This instiument was aclmowledged on the day of c ,20_07 - by ,dl-\$ s.4 W&NQ \l- in hislher capacity as *, (9 ~,.i '4- r- l . of c'-'< b:r,~.v,,%.. . . ,Q-s.,- , ?kg+,; -----.-.)._--,..,.. e,- , a TEXAS .' _,..., State of Texas '"+;.;..' il.., ., ...... : ..... li ..., ;.;.,:>:..: .;.., ,.,, ; ,.,,-,, ,. . I-. -...---.- .--.. .--.*A,. ,, . STATE OF TEXAS COUNTY OF BRAZOS This instrument was aclcnowledged on the day of ,20-, by - , in his capacity as Mayor of the City of College Station, a Texas home-i-ule municipality, on behalf of said n~unicipality. Notary Public in and for the Statc of Texas 1101 Texns Aven~te College Slalios 'IX 77840 SIbECIFICATIONS FOR ANNUAL BLANKET ORDER FOR CONCRETE METER BOXES BID #08-20 BID OPENING DATE: DECEMBER 18,2007 @ 200 P.M. CST Bids will be received at the City of College Station Purchasing Department, 1101 Texas Avenue, College Station, TX 77842, until Tuesday, December 18, 2007, at 2:00 p.m. CST, and publicly opened and read aloud at City Hall, 1101 Texas Avenue, College Station, TX. Any questions concerning the bid should be directed to Cynthia Sciulli, C.P.M., Buyer, Purchasing Services Division, (979) 764-3437. Clearly mark return bid envelope with Bid # and Bid Opening Date. INTRODUCTION Bids are solicited for concrete meter boxes for inventory with the following definitions, term and conditions of bidding. Should this bid contain the City's standard contract terms, conditions and insurance requirements, they will be attached as Exhibit A. NOTE: Bid opportunities are posted on our website at ;-:,-. :: -1.::: ;.~-i::. Some bids, but not a!], are conducive to receipt of bids via the City of College Station's On-Line Bidding System. These bids are encrypted and remain effectively locked until the due date and time. If you are interested in submitting your bid on-line, you must be registered with the City of College Station. See On-Line Bidding at mww.~:~f.r.~r.~,i for more information. SPECIFIC TERMS AND CONDITIONS The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the City of College Station Purchasing Services Division, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: CONCmTE METER BOXES 08-20 governing body or an employee or representative thereof, will cause to void all proposals of that particular bid solicitation or request. Communication The City shall not be responsible for any verbal communication between any employee of the City and potential bidder(s). Only written specifications and price quotations will be considered. Delivew All prices quoted shall be F.O.B. City of College Station. No freight or deliveiy charges will be accepted unless shown on bid. Exceptions The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. Extension of Contract Upon completion of the term of the original contract and mutual agreement of both parties, the - contract may be extended for up to two (2) additional one (1) year terms [three (3) years total]. In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month-to-month until a new contract is executed. Fiscal Funding This contract includes fiscal funding provisions. If, for any reason, funds are not appropriated to continue this contract, said contract shall become null and void. Forms Bid proposals will be submitted on the forms provided by Owner. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initiated in ink by the person signing the proposal. When discrepancies occur between words and figures, the words shall govern. Indemnification The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harmless from any and all causes of action or claims of damages arising out of or related to bidder's performance under this contract. Interlocal Agreement Successful bidder agrees to extend prices and terms to all entities who have entered or will enter into joint purchasing interlocal cooperation agreemenl(s) with the City of College Station. Notification The City of College Station uses multiple channels for the notification and dissemination of all invitations to bid. Approved methods of dissemination include: City of College Station website, City of College Station Purchasing ofice, and RFP Depot (a third party notification firm). The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your bid non-compliant. City of College Station accepts no responsibility for the receipt or notifications of solicitations through Page 4 of 12 December 1 1,2009 ATTN: Jared Stracener, Store Manager Siins Plastics of Waco 5636 Frailklin Ave. Waco, Texas 767 10 : Renewal 2 -- Bid #08-20 Concrete Meter Boxes Dear Mr. Stracener: The City of College Station appreciates the services provided by Siins Plastics of Waco this past year. We would lilte to exercise our option to renew the above referenced agreeinent for the tern1 of Febl-uary 1 1,2010 though February 10, 201 1. If this mects with your company's approval, please complete this renewal agreement (including notai-ization), and retulil it 110 later than Monday, Deceinber 28, 2009. Coiltingent upon City Council approval, we will issue your coinpaily a new purchase order cffective Februa~y 1 1, 201 0 tlirougl~ February 10, 20 1 1. Should you have ally questions, please contact ine via e-mail (ldavis@cstx.nov) 01- pl~one (979- 764-3558). Lisa D. Davis, C.P.M. Buyer Attachment January 28,2010 Consent Agenda Item No. 2d Twin Oaks Radio Tower Construction To: Glenn Brown, City Manager From: Ben Roper, Director, Information Technology Agenda Caption: Presentation, possible action, and discussion to approve a resolution awarding a contract for the construction of a radio tower and equipment pad at the Twin Oaks Landfill to the lowest responsible bidder AllState Tower of Henderson, Ky in the amount of $42,174.00. Recommendation(s): Staff recommends approval of the resolution awarding a contract for the construction of a radio tower and equipment pad at the Twin Oaks Landfill to the lowest responsible bidder AllState Tower of Henderson, Ky in the amount of $42,174.00. Summary: The new Twin Oaks Landfill requires connectivity for phones and computers from its site to the City network. ITB 10-13 solicited bids to construct a self supporting radio tower and associated equipment pad at the Twin Oaks site. Budget & Financial Summary: Funding is available in the BVSWMA Capital Improvement Project Fund. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this project. This item will also require the approval of the Bryan City Council. Attachments: 1. Resolution 2. Bid Tabulation (Contract on file in the City Secretary's Office) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE CONSTRUClTON OF TWIN OAIG RADIO TOmR AND EQUIPmNT PAD PROJECT AND AUTHORIZING THE EXI>ENDATWUZ OF FWNDS. WHEREAS, the City Council of the City of College Station, Texas, solicited bids for the consttuction of the Twin Oaks Radio Tower and Equipment Pad Project; and WHEREAS, the selection of AllState Tower, Inc. is being recommended as the lowest responsible bidder for the construction services related to the construction of the Twin Oaks RadioTtower and equipment pad; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby hnds that Allstate Tower, Inc. is the lowest responsible bidder. PART 2: That the City Council hereby approves the contract with AllState Tower, Inc. for $42,174.00 for the labor, equipment, and materials related to the Twin Oaks Radio Tower and Equipment Pad Project. PART 3: That the funding for this Contract shall be as budgeted from the Twin Oaks Landfill Project (BV 0802) in the amount of $42,174.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of A.D. 2010. A'M'EST: APPROVED: City Secrctaiy, College Station APPROVED: COLLEGE STA'I'ION City Attorney, College Station RADIO TOWER AND EQUIPMENT PAD CONSTRUCTION TWIN OAKS LANDFILL ITB 10-13 k' \ Base Bid Bid Bond Certification Addendun 1 Addendum 2 Addendum 3 Notes: $ 42,174.00 Y Y Y Y Y $ 61,723.67 Y Y Y Y Y $ 107,984.60 check Y N N N $ 48,654.00 Y Y Y Y Y 5% discount if awarded both contracts; ITB 10-13 and RFP 10-14 $ 79,500.00 no seal Y Y Y Y $ 44,946.00 Y -- Y Y Y Y $ 42,893.00 Y Y Y Y Y $ 48,133.00 Y Y Y Y Y January 28, 2010 Consent Agenda Item No. 2e Tauber and Stasney Streets Rehabilitation Project Resolution Determining Need (Easement Acquisition) To: Glenn Brown, City Manager From: Chuck Gilman, PE, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of public utility easements needed for new utilities to improve the reliability of water and sewer service along Tauber and Stasney. Recommendation(s): Staff recommends Council approval of the Resolution. Summary: This project includes improvements to streets, sidewalks, and utilities in the Northgate area along Tauber Street and Stasney Street. As discussed during the public hearing conducted during the public engagement several property owners (The Wesley Foundation and Saint Mary's Catholic Church) expressed a willingness to partner with the City of College Station to dedicate access easements to allow the existing sidewalk to remain in its existing location on private property to ensure existing mature trees are not adversely impacted by construction activities in the area. However, several additional utility easements will be required to allow for the installation of new water and sewer lines. Approval of the Resolution will authorize staff to negotiate for the purchase of easements necessary to complete the project. Budget & Financial Summary: The total budget for this project is $3,100,899. Of this amount, $2,252,110 is budgeted in the Streets Capital Improvement Projects Fund; $305,660 is budgeted in the Water Capital Improvement Projects Fund; and $543,129 is budgeted in the Wastewater Capital Improvement Projects Fund. A total of $821,901 has been expended or committed to date, leaving a balance of $2,278,998 for future expenditures. The cost of purchasing the easements is unknown at this time. Attachments: 1. Resolution Determining Need with Property Descriptions 2. Project Map RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT-OF-WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR AN AUTHORIZED PUBLIC PURPOSE AND USE, SAhE BEING THE CONSTRUCTIOIV, MAIIVTENANCE AND OPERATION OF THE TAUBER AND STASNEY STREETS REHABILITATION PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city roadway system as a public service; and WHEREAS, the City's ownership, operation, constiuction, repair, and maintenance of the city roadway system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its roadway system pursuant to Chapter 25 1 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article I1 of the City's Charter; and WHEREAS, the City is engaged in the following project regarding improvements to Tauber Street and Stasney Street, between University Drive and Chei-ry Street, including installation of public utilities, public access and landscaping (the "Project"); and WKEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City complete the Project, through the City's acquisition, by purchase or condemnation proceeding, of the right-of-way and easements as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Right-of-way and Easements"); now, therefore; BE IT IRESOLVED by the City Council of the City of College Station, Texas: PART 1; PART 2: PART 3: PART 4: PART 5: PART 6: PART 7: PART 8: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Right-of-Way and Easements, and the. public welfare and convenience will be served by the acquisition of the Right-of-way and Easements. That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City fiom time to time in connection with acquisition of the Right-of-way and Easements. That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to deteimine whether said appraisal reports are supported by sufficient data. , Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Right- of-Way and Easements. After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Right-of-Way and Easements. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Right-of-Way and Easements, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the propei-ty owners for the acquisition of such interest at the full amount dete~mined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Right-of- Way and Easements for the Project, on behalf of the City of College Station. That, if necessary, and should a propei-ty owner fail to accept a bona fide, good faith offer from the City to purchase the required Right-of-Way and Easements, City representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding such property. That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real propei-ty acquired in connection with this Project. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2010. ATTEST: APPROVED: City Secretary MAYOR APPROVED: City Attorney EXHIBIT "A" TO RESOLUTION DETERMINING NEED Being a triangular shaped Permanent Public Utility Easement located upon the west comer of the following tract of land, the location of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address Legal Description & Deed Reference (current of former) (Brazos County Official Records) R4496 1 R.H. Tucker Investments, LLC Lot 10, Block 4, Tauber Addition, 4 10 Stasney Street College Station, Brazos County, Texas Volume 7982, Page 121 Being a ten foot (10') wide Permanent Public Utility Easement extending along the southeast property line across the following tract of land, the alignment of said easements being generally depicted by the attached project map. Tax ID Property Owner & Address Legal Description & Deed Reference (current of former) (Brazos County Official Records) R4496 1 R.H. Tucker Investments, LLC Lot 6, Block 4, Tauber Addition, 4.1 0 Stasney Street College Station, Brazos County, Texas Volume 7982, Page 121 Being a seven and a half foot (7.5') wide Permanent Public Utility Easement extending along the southeast property line across the following tract of land, the alignment of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address Legal Description & Deed Reference (current of former) (Brazos County Official Records) R44956 R.H. Tucker Investments, LLC Lot 15, Block 2, Tauber Addition, 4 1 1 Stasney Street College Station, Brazos County, Texas Volume 7982, Page 12 1 Being a seven and a half foot (7.5') wide Permanent Public Utility Easement extending along the northwest property line across the following tract of land, the alignment of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address Legal Description & Deed Reference (current of former) (Brazos County Official Records) R44946 The Current Bishop of the Roman Lot 10A, Block 1, Tauber Addition (Replat) Catholic Diocese of Austin College Station, Brazos County, Texas 505 Church Avenue Volume 6590, Page 258 Being a twelve foot by twelve foot (12' x 12') square Permanent Public Utility Easement located upon the south comer of the following tract of land, the location of said easement being generally depicted by the attached project map. Tax ID Property Owner & Address Legal Description & Deed Reference (current of former) (Brazos County Official Records) R44968 Texas Annual Conference of the Leon J. Tauber Tract, Tauber Addition, United Methodist Church Board College Station, Brazos County, Texas of Trustees Volume 2 15, Page 33 201 Tauber Street MGLE S7REET i I I 11 I .., . . . .. . .. sz wrs I C47HOUC CHURCH j i 0 - 5-7: wrs AD( NCKER I C47HOUC CHURCH - - - - - - - - - . .- - - - -- - A S7ASNEY STREET I WESLEY FOuNMnoN - - - - - - - - TA UBER/STAS.EY City of College Station McClure & Browne Engineering/Surveying. Inc. P.O. Box 1008 Woodcreek Dr.. Suite 103 Scale: 1' = 100' College Station. Tx 77840 College Station. Texas 77845 979-764-3660 (979) 693-3838 Wm Tauber and Stasney Streets Rehabilitation Project Location Map January 28, 2010 Consent Agenda Item No. 2f Construction Contract #lo-091 Trees and Irrigation Project on Eagle Avenue and Barron Road To : Glenn Brown, City Manager From: David Schmitz, Assistant Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a construction contract (Contract Number #lo-091) with Prince Irrigation, Inc. in the amount of $94,334 for trees and irrigation improvements on Eagle Avenue and Barron Road. Recommendation(s): Staff recommends approval of the resolution and award of the construction contract with Prince Irrigation, for trees and irrigation improvements on Eagle Avenue and Barron Road, in the amount of $94,334 and sixty (60) construction days. Summary: The proposed improvements include the planting of trees and irrigation installation on Eagle Avenue and Barron Road. Budget & Financial Summary: Eight (8) sealed, competitive bids (Bid #lo-23) were received and opened on January 14, 2010. The bid summary is attached. Conrad's Custom Lawn was the lowest bidder however they withdrew their bid, due to bid pricing on the wrong species of plant, leaving Prince Irrigation as the lowest responsible bidder. The difference between the low bidders is $7,089.00. Operations and maintenance are estimated to be between $6,000 - $8,000 per year and will be added to the current contract. This operations and maintenance amount is unfunded at this time. Attachments: 1) Resolution 2) Bid #lo-23 Tabulation 3) Site Plan 4) Contract #lo-091 on file in the City Secretary's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE EAGLE AVENUE AND BARRON ROAD TREES AND IIUUGATION PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, the City of College Station, Texas, solicited bids for the installation of the Eagle Avenue and Barron Road Trees and Irrigation Project; and WHEREAS, the selection of Prince Irrigation is being recommended as the lowest responsible bidder for the construction services related to Eagle Avenue and Barron Road Trees and Irrigation Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that Prince Irrigation is the lowest responsible bidder. PART 2: That the City Council hereby approves the contract with Prince Irrigation for $94,334.00 and sixty (60) constiuction days for the labor, materials and equipment required for the Eagle Avenue and Barron Road Trees and Irrigation Project. PART 3: That the funding for this Contract shall be as budgeted fiom the Streets Capital Fund in the amount of $94,334.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 20-. ATTEST: APPROVED: City Secretary MAYOR APPROVED: City Attonley CLfl I 'E'ZTI 1 E'ZI I I 2'11 I €2'1 1 I €?'I I I ETt1 I z't 1 I E'Z'K UPU.PPV~ I PYOB~ PUOQ~ pvoel 13~31 ~r+rll( ~~081 PW( PYOB~ voq> *C~IL(SRJPY~B P!BI I A1 I 11 I AI I A1 I A1 1 A\ I A] I A1 I !!V I EAGLE AVENUE and BARRON ROAD TREES and IRRIGATION BID NO. 10-23 l~ld BondICarhier'r Check I 11.2 1 11.2.3 I 11.2.3 I 11.2.3 I 11.2 I I 11.2.3, I 11.2.3 January 28, 2010 Consent Agenda Item No. 29 Interlocal Agreement for Emergency Medical Ambulance Service to Brazos County To : Glenn Brown, City Manager From: Robert Alley, Fire Chief Agenda Caption: Presentation, possible action, and discussion regarding the approval of a resolution to update the Interlocal Agreement for Emergency Medical Ambulance Service to respond to emergencies in Brazos County and to establish the annual fee for FY 2010 at $273,531. Recommendation(s): Staff recommends approval of the resolution. Summary: The City of College Station currently provides Emergency Medical Ambulance Service to emergencies in Brazos County. The new established amount of $273,531 will be paid in quarterly installments of $68,382.75. The new established annual fee for 2010 will represent a collection rate of 100°/o cost recovery for the Emergency Medical calls that we respond to in Brazos County in accordance with our current fee schedule. This amount represents a decrease of $22,059 from the FY 2009 amount of $295,590. This decrease is a result of the fact that there was 150 less emergency medical calls in Brazos County from the previous year. A meeting will be scheduled for the end of May 2010 with Fire Chief Mike Donoho of the City of Bryan, Fire Chief R.B. Alley of the City of College Station and the Brazos County Judge to discuss the amount for the FY 2011 annual fee. Budget & Financial Summary: Brazos County will pay the City of College Station $273,531 to provide Emergency Medical Services to the county for FY 2010. Attachments: Resolution Interlocal Agreement Response Map Exhibit A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, UPDATING THE INTERLOCAL AGREEMENT TO PROVIDE EMERGENCY MEDICAL AMBULANCE SERVICE TO UNICORPORATED PORTIONS OF BRAZOS COUNTY. WHEREAS, the City Council of the City of College Station, Texas recognizes it's obligations and desires to protect the health, safety and welfare of its population, which is situated in Brazos County; and WI-IEREAS, Brazos County currently utilizes-personnel and equipment fiom the Cities of College Station and Bryan to provide emergency medical service and emergency medical transport for emergencies in the unincorporated areas of the County; and WHEREAS, this agreement is required to be reviewed and updated as needed on an annual basis; and WHEREAS, the City Council of the City of College Station, Texas wishes to partner and collaborate on emergency medical service and emergency ambulance transport with Brazos County and the City of Bryan, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Coullcil hereby approves the Interlocal Emergency Medical Ambulance Service to Brazos County Agreement for the annual fee of $273,531 for FY 2010. Future fees will be established as outlined in the agreement. PART2: That the City Couilcil hereby agrees to protect the health, safety and welfare of the general public by collaborating with its partners in the delivery of emergency medical and ambulance services as set forth in said agreement. PART3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 201 0 ATTEST: APPROVED: City Secretary Mayor INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTEEOCAL AGREEMENT is hereby made and entered into by and among the CITY OF BRYAN, TEXAS, a home rule municipal corporation ("Bryan"), CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ("College Station") and BRAZOS COUNTY, TEXAS ("County"), a political subdivision of the State of Texas, each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and College Station have already been providing Emergency Medical Ambulance services to the County according to the geographic areas as defined as "Automatic Mutual Aid Response Districts" in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Bryan and College Station shall provide Emergency Medical Ambulance Services to any person who requests it within their respective Automatic Mutual Aid Response District for which Bryan and College Station are assigned responsibility in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station. (See Exhibit "A," an attachment map of the Automatic Mutual Aid Response Districts indicating the corporation limits of each city as updated on or after 2005). 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District and the College Station Communication Center, which dispatches police and fire units respectively for BryanICounty and College Station. 3. Bryan and College Station resei-ve the right to refuse to answer any call pursuant to this Agreement if their respective Fire Chief or his or her designee reasonably determines Interlocal EMS Agreerneni Page I of 5 that the health, safety, or welfare of their city would be endangered by dispatching personnel or equipment. 4. Bryan and College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. Bryan and College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each run taken outside the corporation limits of each city, respectively, on a quarterly basis upon request. A "run" is defined as a single medical incident regardless of the number of EMS or other apparatus that respond(s). PAYMENTS 5. County shall pay Bryan and College Station as follows for performing Emergency Medical Ambulance Services. Payment will be on a quarterly basis according to the following schedule: Payment Due Date Quarter for which Payment Amount is made October 1,2009 October -December, 2009 $60,882.75 (Bryan) $68,382.75(College Station) Januaiy 2,2010 April 1,2010 July 1,2010 January -March, 2010 April-June, 20 10 $60,882.75 (Bryan) $68,382.75 (College Station) $60,882.75 (Bryan) $68,382.75 (College Station) July - September 20 10 $60,882.75 (Bryan) $68,382.75 (College Station) 6. The County must make all payments to Bryan and College Station for these services from cusrent revenues. 7. Bryan and College Station will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. However, Bryan and College Station will provide copies to the County of all EMS billings sent to County residents for EMS services provided outside the coi-poration limits of Bryan or College Station on a quarterly basis upon request. Interlocal EMS Agreement Page 2 of 5 Additionally, sixty days prior to any action taken by Bryan or College Station to write off uncollected bills, Bryan and College Station will provide to the County a list of all invoices and/or billings within the scope of this Agreement that are contemplated, determined or scheduled to be written off. TERM AND TERMINATION 8. This Agreement term shall be from October I, 2009 and terminate at midnight on September 30, 2010. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one year terms on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set fo& heiein, except the annual payment amount provided in Paragraph 5 of this Agreement may be modified as agreed to by the parties. NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan, Texas. 77805 .Attn: Michael S. Donoho, Fire Chief College Station: City of College Station P.O. Box 9960 300 Krenek Tap Road College Station, Texas. 77842 Attn: R.B. Alley 111, Fire Chief County: Brazos County 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 Attn: County Judge Randy Sims DEFENSE OF CLAIMS 11. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its goveining board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly Inte~local EMS Ag~eeiilent Page 3 of 5 or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for hishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel andlor retirement benefits of the personnel of the responding city, andlor damage to or resulting fiom use of any equipment of the responding city. MISCELLANEOUS 12. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity 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 provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 13. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying party. 14. This Agreement is the entire agreement among Bryan, College Station and the County relating to the provision of Emergency Medical Ambulance Services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 15. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. 16. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 17. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 18. Failure of any party to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party 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 part(ies) 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. Inferlocal EMS Agreenient Page 4 of 5 19. 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 Bryan, College Station and Brazos County. This Agreement shall be effective when signed by the last party signing makes the Agreement fully executed. City of Bryan City of College Station Mark Conlee, Mayor Ben White, Mayor Date Signed: Date Signed: Date Signed: 1 2.- r- 09 ATTEST: Mary Lynne Stratta Connie Hooks City Secretary City, Secretary County Clerk Janice Hampton City Attorney City Attorney City of Bryan, Texas College Station, Texas Interlocal EMS Agreeni ent Page 5 of 5 January 28,2010 Consent Agenda Item No. 2h Additional Authorization for 2009 Medical Claims and Administrative Costs To: Glenn Brown, City Manager From: Alison Pond, Human Resources Director Agenda Caption: Presentation, possible action, and discussion to ratify medical claims expenses of $37,913.15, claims administrative fees in the amount of $27,217.40, and stop loss administrative fees in the amount of $20,294.10 for a combined increase to the 2009 Blue Cross Blue Shield purchase order 090433, in the amount of $85,424.65. Recommendation(s): Staff recommends approval of the additional authorization to pay medical claims expenses and administrative fees. Summary: In October 2008, City Council approved anticipated 2009 claims costs in the amount of $ 3,447,713.28 and on the December 10, 2009 council meeting approved a change order for projected claims through the end of 2009 in the amount of $655,817.63. At the end of the 2009 plan year, the final dollar amounts received were greater than the projection presented to Council on December loth. The additional amount is due to large, unexpected medical claims that were incurred during the end of the 2009 plan year as well as increased enrollment numbers of active employees, retirees and COBRA participants. For the last several years under the self-funded plan structure, the City's claims have accrued lower than national health care trends and yearly projections; however, high claims from 2009 have offset some of the surplus accumulated during those 'good" years. Blue Cross Blue Shield has paid several of these claims and this formal action will ensure proper ratification of the change order. Dental Claims, which were anticipated to be $414,358.56, came in under the requested amount and will be under budget by $27,600.26 for 2009. Budget and Financial Summary: Funds are available in the employee benefits fund. Attachments: none January 28, 2010 Consent Agenda Item No. 2i Agreement with the Brazos Valley Softball Umpires Association for Officiating Services for City Athletic Leagues and Programs To: Glenn Brown, City Manager From: David Schmitz, Assistant Director, Parks and Recreation Agenda Caption: Presentation, possible action, and discussion regarding renewal of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues and programs (Contract Number 09-085) in an amount not to exceed $128,980.00 per year. Recommendation(s): Staff recommends approval of the renewal of the Agreement for Services with the Brazos Valley Softball Umpires Association. Summary: This renews Contract Number 09-085 for a period of 1 year. This contract was originally approved for a period of one year on February 12, 2009 with an option for two additional one year renewals. The contract is for the provision of all officiating services for all City-operated athletic leagues and programs, including Adult and Youth Softball, Adult and Youth Flag Football, Adult and Youth Volleyball, and Youth Basketball. This renewal will expire on December 31, 2010 and may be extended for one additional year after that date. 'This Agreement for Services is exempt from competitive bidding in accordance with LGC 252.022(a)(7), a procurement that is available from only one source. Budget & Financial Summary: The current proposed fees for the Parks and Recreation Department no longer include the pay-at-the-plate option. Due to this, expenses were not fully budgeted in FY 2010, however revenue from increased fees is expected to cover the shortfall. The contract is for a total amount not to exceed $128,980.00 per year for all City leagues and programs. Attachments: 1) Contract Number 09-085 2) Renewal letter for Contract Number 09-085 AGREEMENT FOR SERVICES BRAZOS VALLEY SOFTBALL UMPIRES ASSOCIATION STATE OF TEXAS * * COUNTY OF BRAZOS * THIS AGREEMENT is entered into by and between the City of College Station, Texas, a Texas Home Rule Municipal corporation (hereinafter referred to as "CITY"), and the Brazos Valley Softball Umpires Association (hereinafter referred to as LLASSOCIATION"). 1. ASSOCIATION shall provide qualified officiating services for each and every City league softball, flag football, volleyball and basketball game as scheduled by CITY'S Athletic Coordinator. ASSOCIATION further agrees to provide qualified softball umpires for all American Softball Association ("ASA") sanctioned and approved tournaments when such service is requested by CITY'S Athletic Coordinator. 2. The term of this Agreement shall be for one (1) year, effective January 1,2009, through December 3 1, 2009. Upon completion of the original contract, the contract may be extended annually upon mutual written agreement of both parties not to exceed an additional two (2) terms. 3. This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party. Any hnds received pursuant to this Agreement but not earned shall be returned to CITY within seven (7) days thereafter. 4. CITY agrees to pay to ASSOCIATION for their services provided in scheduling and administration of payroll to the umpires of ASSOCIATION. For each calendar year of this Agreement, CITY shall pay a scheduling fee of $800.00 for the Spring season, $800.00 for the Summer season and $1,200.00 for the Fall season, which shall include flag football and basketball. The CITY agrees to pay the ASSOCIATION a fee for official training in the amount of $300.00 for flag football and $300.00 for basketball. In addition CITY shall pay for the officiating services of the ASSOCIATION, which services shall include league tournaments, eitherprehost season or in-season, weekend tournaments, which tournaments shall be considered a part of the scheduled season. The amount of compensation to be paid shall be as follows: Adult Slow Pitch Games: Adult Fast Pitch Games: Youth Fast Pitch Games: Youth Basketball Games: Youth Flag Football Games Adult Flag Football Games Youth Volleyball Games Adult Volleyball Games $16.00 per official per game $22.50 per official per game $22.50 per official per game $11.00 per official per game $1 1.00 per official per game $22.00 per official per game $1 1.00 per official per game $14.00 per official per game Page 1 CRC 1-10-06 Contract No. 09-085 1. Youth Basketball Games - $ 8.00 per scorekeeper per match 5. In all activities and services performed hereunder, the ASSOCIATION is an independent contractor and not an agent or employee of the CITY. The ASSOCIATION, as an independent contractor, shall be responsible for the services provided under this Agreement. The ASSOCIATION shall have ultimate control over the execution of the work performed under this Agreement and shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate the officials performing under this Agreement. The CITY shall have not control of or supervision over, the officials. 6. CITY shall issue a purchase order for the payment of officiating services. It is agreed that CITY shall make pre-payments to ASSOCIATION prior to and during the season according to the schedule below. It is further agreed that ASSOCIATION shall pay officials on a biweekly basis for services performed from these pre-paid funds. Actual payments shall be based upon the actual team registration. It is understood by and between the parties that these costs are estimated and will be adjusted based upon the actual team registration. In the event of an over or under payment, the parties shall adjust to address actual differences. For the term of this Agreement, CITY shall pay to ASSOCIATION: a. An estimated $10,000.00 on or before the date of the first scheduled league game of the Fall season; b. An estimated $24,000.00 after October lSt of the Fall season; c. An estimated $40,000.00 on or before the date of the first scheduled league game of the Spring season; and d. An estimated $40,000.00 on or before the date of the first scheduled league game of the Summer season. The total amount of payment by the CITY to ASSOCIATION for all services to be performed under this Contract may not, under any circumstances, exceed ONE HUNDRED TWENTY EIGHT THOUSAND NJNE HUNDRED EIGHTY and NOilOO DOLLARS ($128,980.00). As a part of the services contemplated herein, ASSOCIATION covenants and agrees to print and distribute paychecks to individual officials on a biweekly basis. 7. CITY shall provide ASSOCIATION with the season schedules one week in advance of the date of the first scheduled game of the season. CITY shall also provide ASSOCIATION with one week's notice, if possible, of all rescheduled games. Both schedules shall be in writing. 8. ASSOCIATION shall establish, operate and maintain accounting system, which system shall be open to CITY for periodic inspection during regular business hours. The system shall be designed for and provide for the tracking of funds and the review of the financial status of the program on a monthly basis. 9. ASSOCIATION shall establish a separate account for the payment of officials for the services performed pursuant to this Agreement. ASSOCIATION shall put into operation and Page 2 CXC 1-1 0-06 C'onrracr No. 09-085 utilize accounting and check issuing procedures approved by CITY. ASSOCIATION covenants and agrees that it shall not pay any funds out contrary to the terms of this Agreement or otherwise encumber CITY funds. 10. In the event that the CITY agrees to enter into a new agreement, any fhds remaining with ASSOCIATION but not utilized to pay for services received shall be remitted to CITY not later than two weeks after the last game of the fiscal year. The balance of all money not spent or otherwise paid pursuant to the terms of this agreement shall be returned to CITY. 1 1. ASSOCIATION shall appoint an authorized representative who shall be available to meet with the Recreation Division Representative and other officials of CITY upon request. 12. In the event that an official fails to work any scheduled game due to absenteeism, ASSOCIATION shall reimburse CITY the amount of the base fee as established in Paragraph 4 herein. 3 ASSOCIATION shall provide two officials at each scheduled game, unless otherwise agreed upon by the parties, with at least one official having no less than one (1) year of experience. 14. In the event that ASSOCIATION fails to comply with or otherwise meet the terms and conditions of this agreement, CITY may withhold further payment to ASSOCIATION until the condition or term is remedied to the satisfaction of CITY. CITY may seek specific enforcement of this Agreement. 15. This Agreement shall be subject to all valid statutes, law, rules and regulations applicable thereto as promulgated by the United States of America, the State of Texas, or any other governmental body or agency having lawful jurisdiction. 16. ASSOClATION agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work done by ASSOCIATION, its officers, agents and employees, under this contract. 17. ASSOCIATION shall not allow any non-ASA certified persons to umpire any City softball game. ASSOCIATION hereby guarantees that they shall require all umpires to be certified with the ASA, which covers all certified umpires with ASA insurance. As a certified member each ASSOCIATION umpire hereby represents that they shall maintain ASA insurance for the duration of this Agreement, including insurance against claims for injuries to persons and damages to property which may arise from or in connection with the performance of the work hereunder by Association, its agents, representatives, volunteers and employees. The ASSOCIATION umpires ASA insurance shall be primary insurance. Said insurance shall list College Station, its employees and officials as additional named insureds. Further, said insurance Page 3 CRC 1-10-06 Cun~rac~ Nu. 09-085 policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station by certified mail, return receipt requested Certificates of Insurance evidencing the required insurance coverages are attached hereto as Exhibit A. ASSOCIATION agrees to firnish CITY Certificates of Insurance evidencing continued coverage as required hereinabove through the term of the Agreement. ASSOCIATION shall not allow any non-Texas Amateur Athletic Federation ("TAAF") certified persons to officiate any CITY flag football or basketball game. ASSOCIATION hereby guarantees that they shall require all flag football and basketball officials to be certified and registered with TAAF. As a certified member each ASSOCIATION official hereby represents that they shall maintain TAAF insurance for the duration of this Agreement, including insurance against claims for injuries to persons and damages to property which may arise from or in connection with the performance of the work hereunder by Association, its agents, representatives, voIunteers and employees. The ASSOCIATION officials TAAF insurance shall be primary insurance. Said insurance shall list College Station, its employees and officials as additional named insureds. Further, said insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station by certified mail, return receipt requested. Certificates of Insurance evidencing the required insurance coverages are attached hereto as Exhibit B. ASSOCIATION agrees to furnish CITY Certificates of Insurance evidencing continued coverage as required hereinabove through the term of the Agreement. 18. Any gifts or other contributions received by ASSOCIATION or any of its members shall not be subject to the provisions of this agreement. 19. Notices to the parties shall be sent regular mail when addressed as follows: CITY OF COLLEGE STATION PARKS AND RECREATION DEPARTMENT ATTN: Marco A. Cisneros, Director P.O. Box 9960 College Station, TX 77842 BRAZOS VALLEY SOFTBALL UMPIRES ASSOCIATION P.O. Box 2875 Bryan, TX 77805 The parties may change addresses by prior written notice sent to the other party pursuant to the terms of this agreement. Page 4 CRC 1-1 0-06 Contract No. 09-085 20. 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 entities. 21. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 22. This Agreement represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. SIGNED this the Lday of TEN . ,2009. BRAZOS VALLEY SOFTBALL CITY OF COLLEGE STATION UMPIRES ASSOClATION BY: BY. cik?e Title: Date: 3 09' Date: lk. 160 n City Secretary APPROVED: CRC 1-10-06 Contruct No. 09-085 ,@@LD.) CERTIFICATE moDwxR I Bollinger, Inc. 101 JFlC Parkway Short Hills NJ 07078-5000 LlABlLlTY INSURANCE ASAUS -1 02/24/09 THlS CERTIFICATE S ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTSUPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BUOW. Phone: 800-526-1379 Fax: 973-921-2876 .. . . - INSURERS AFFORDING COVERAGE -. . - uriitRe~ t -.. . . ~neuran* ,company ASA USA Softball Association Marl ue s 2 01 m 96? stree O!lahoma C ty OK 78111 INSURER 8: Everest National Ins ,,-C_q. INSURER C: --.- .- COVERAGES THE POLICES OF IHSUWE LISTED BELOW HAVE BEEN ISSUED70 THE INSURED N&W ABOVE FOR W POLICY PERIOD INDICATED. NOrWlTHSTANMNG ANY REOUIRWENT. TERMOR CONDITION OF AWY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THlS CERTIFICATE MAY BE 156UED OR MY PEKTAIN. ME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO AU THE TERMS. WCLUSN%S AND CONDITIONS OF SUCH POLICIES. AGGREDATE WITS SHOWN MY HAVE BEEN REWCED aY PAID CLAIMS. . -. . - . I Tw -?&ICY EX TYPE OF WCE - ' POUCY WUUBER DA~E (MMm 1 TE IHYk LMln GENERAL MILTPI EACH OCCURRENCE s 2.0_0.?,000 h 3 CJJ~~CIALGEME~LABI~~~ 1 3602AH230069 1 01/01/09 01/01/10 ~~~~~~0,000 ., CUlMS WE (XI OCCUR ~EX~IA~Y~~P~~~~I~,S~O,OO~ 1 PEREONALCADVINJURY 1 1 2(_000 000 AUTOMOBILE LLIABUlY I hwAum ... ..-- (-GEN_ER*L AGGREGATE ! s 5 I 002 I 002 I 1 GEM AQGREGATE LIMIT APPLES PER: i,PRETS - COMPIOP AGG 1 2 00913?-O-, 7 POLICY rn J'gf ;1 LOC I 1 COM~INED SINOLE LIUT a (Em a xadenl) HIREOMJTDS NON-OWNED AUTOS , I I UARnOELUBIUN ANY AUTO I 1 COM~INED SINOLE LIUT a (Em a xadenl) I PROPERTY DWGE DCSCRlPmN Of OPERATIONS I LOCITIONS I VEHCLCS I CXCLUSK)NS ADOED BY ENDORSEMENT I SPECIAL PROVlSION9 Coverage is provided under thia policy for umpire associationo that are comprised of 100% ASA Registered Umpires. Certifiaate holder is named as additional insured. Certificate is issued on behalf of Brazos Valley Softball umpires Association. ; 1 R~MION a i YIORXERS COMPENSATION 4ND EMPLOYERS' LUBlLlTY AHY PROPRlETOWPARrNElUEXECUTlM OFFICEWLIEMBER EXCLWED? w 8. &roiboundar ECUL PROVISIONS Wow 8 OTHER 1 L CERTIFICATE HOLDER CANCELLATION 1 COLLSTA SHOULD ANY OF THE &BDVE DESCRIBED PXICIES BE CANCELLED BEFORE THE EXPIRATION City of College Stetion I MTE THEREOF. THE ISSUING INSURER W ENDUVOR TO MAIL 30 DAYIWlmH NOTICE TO THE CERllFlCATE HaER HAUED TO ME LEFT. BUT FAILURE TO DO SO $HALL I s , I .- --... a S w mTU- ( HIPOSE NO OQLGAllON OR LIABILTY OF PW UND UPON THE YBURER. IT0 AOIW OR 1 .'ORY LIMITS REPRESENTATIVES %R 1 H. 1 I V Y 1 ACORD 26 (2001~8) @ ACORD CORPORATION 188s E.L. EACH ACClDENT ---- 4 k ?FUSE LE?Y!!O!!! EL. DISEASE - POLICY LIMIT IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(9). DISCLAIMER I The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (200110s) RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract No. 09-085, for Brazos Valley Softball Umpires Association in accordance with all terms and conditions previously agreed to and accepted. I understand this renewal tetm will be for a one (1) year period beginning January 1,2010 through December 3 1,20 10. The amount of the renewal agreement shall not exceed One Hundred Twenty Eight Thousand Nine Hundred Eighty Dollars and 00/100 dollars ($128,980.00). S ASSOCIATION //7/40 DATE CITY OF COLLEGE STATION Mayor DATE ATTEST: City Secretary DATE APPROVED: City Manager DATE DATE Chief Financial Officer DATE Phone:800-526-1379 Fax:973-921-2876 - - ~. .. . -. . - -. . - - INSURED k 38970 &!& CERTIFICATE OF LIABILITY INSURANCE y,;~~p~ 1 DATE (MMIWNYYY) 01/14/10 Association 2801 NE 50th Street Oklahoma Citv OK 73111 PRODUCER Bollinger , Inc . 101 JFK Parkway Short Hills NJ 07078-5000 INSURERB: Everest National Ins . Co. -_ - -. . - -- INSURER C: - - - .- ~p~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I 1 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NPMED AOOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQIIIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECTTO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TI IE INSURANCE NFORDED BY 1 HE POI.ICIES DESCRIBED HEREN IS SUBJECTTO ALL THE TERMS. EXCLUSDNS AND CONOTIONS OF SUCkI POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REaJCED DY PAID CLAIMS. INSRIAOD' - ~ ..- POUCY NUMBER POLICY-E~ECTIVE FO~YEXM~~ATION LTR NSR TYPE OF INSURANCE DATE (MMIDDIYYYY) DATE lMMIDDmW\ LIMITS GENERAL LlABlUN EACH OCWRRENCE A ENTED- COMMERCIAL GENERAL LIABILIW 3 602AH230 0 69 01/01/10 01/01/11 ~aocwrence) -3 CLAIMS MAOE OCCUR MEDEXP(Any onopwson) S 10, 000 AUTOMOBILE LlABlLlN ANY AUTO ALL OWNED AUOS SCHEDULED MOS HIRED AUTOS NONQ'NNED AVOS COMBINED SINGLE LIMIT (Ea acudenl) 1 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per acddent) ...... 1 1.1 DEDUCllBLE I RETENTION $ 1 WORKERS COMPENSATION 1 AND EMPLOYERS' UABlLlTY VIM i ANY PROPRIETORIPARl'NEI<IEXECUTlV ' OFFICEIUMEMBER EXCLUDED? 93 (Mandatory In NH) I1 yes descnbe under SPECIALPROVISIONS below OTHER ONLY - EAACCIDENT S 1 OTHER THAN EAAcC ______.- AUTO ONLY: --.t ncn s I I DESCRlPllON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY EDORSEMENTI SPECIAL PROVISIONS Coverage is provided under this policy for umpire associations that are comprised of 100% ASA Registered Umpires. Certificate holder is named as additional insured. Certificate is issued on behalf of Brazos Valley Softball Umpires Association. ----I I I CERTIFICATE HOLDER CANCELLATION COLLSTA DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 30 DAYS WRI~EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of College Station I IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTAl'IVES. ACORD 25 (2009101) 0 1988-a09 A~ORD CORPORATION. All rights reserved. The ACORD name and logo am registered marks of ACORD If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Brazos Va1l.e~ Softball IJlnpires Association P.O. Box 2875 Bryan, TX 77805 ATTN: Ti.m Carda RE: Renewal - Contract No. 09-085 Brazos Valley Softball Umpires Association 'Dear Mr. Carda: The City of Collcgc Station appreciatcs thc se~viccs provided by Srazos Vallcy Softball CJ~npircs Association this past ycw. We would like to exercise our option to rcncw the rcfc~.eaced Contract #O9-085 for thc tern1 of January 1, 2010 t11roug11 December 31, 201 0, in the ainount of (lnc llundred Twenty Eight Thousand Nine T-tundrcd Eighty Dollars and 00/100 dollars ($1 28,980.00). If this meets with your compa~y's approval, please coinplete this renewal agreement and return it 110 later than January 12, 201.0. We will then issue your compa.ny a new purchase order effective Jai~ua~y l., 20 10 through December 3 I., 20 1.0. Should you have any questions, please call me at 979.764.3423. S i ncerely, R. .lessica I?.. Buclt~lum Assistant Buyer Attachment January 28,2010 Consent Agenda Item No. 2j Southwood Water and Wastewater Rehabilitation Project Resolution Determining Need (Easement Acquisition) To: Glenn Brown, City Manager From: Chuck Gilman, PE, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of easements needed for the Southwood Water and Wastewater Rehabilitation Project. Recommendation(s): Staff recommends Council approval of the Resolution. Summary: The City is continuing its efforts to replace aging and deteriorating water and sewer infrastructure throughout the City. This project involves the replacement of water and sanitary sewer lines identified by the Freese & Nichols Southside Water Study and the CDM Capacity/Infiltration/Inflow Management Project Sanitary Sewer Evaluations in the Southwood Iveighborhood. The project boundaries for this utility rehabilitation project include Southwest Parkway, Harvey Mitchell Parkway, Welsh Avenue and Shadowwood Drive. To facilitate the installation of new pipelines and relocate existing pipelines near homes and other improvements, it is necessary to acquire both permanent and temporary construction easements that will allow for improvements to the sewer system. Budget & Financial Summary: Funds in the amount of $1,492,279 are currently budgeted for the Water portion of this project in the Water Capital Improvement Projects Fund. Funds in the amount of $274,485 have been expended or committed to date, leaving a balance of $1,217,794 for future water expenditures. In addition funds in the amount of $1,809,221 are currently budgeted for the Wastewater portion of this project in the Wastewater Capital Improvement Projects Fund. Funds in the amount of $225,811 have been expended or committed to date, leaving a balance of $1,583,410 for future wastewater expenditures. Attachments: 1. Resolution Determining Need 2. Project Maps and Property Descriptions RESOLUTION NO. RESOLUTION DETERMINING NEED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, I TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT-OF-WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR AN AUTHORIZED PUBLIC PURPOSE AND USE, SAME BEING THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SOUTHWOOD 5-7 WATER AND WASTEWATER REHABILITATION PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city water and wastewater system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city water and wastewater system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its water and wastewater system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article I1 of the City's Charter; and WHEREAS, the City is engaged in the following project regarding the rehabilitation and replacement of the city water and wastewater system's infrastructure, facilities, and improvements, Southwood 5-7 Water and Wastewater Rehabilitation Project (the "Project"); and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City complete the Project, through the City's acquisition, by purchase or condemnation proceeding, of the right-of-way and easements as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Right-of-way and Easements"); now, therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Right-of-way and Easements, and the public welfare and convenience will be served by the acquisition of the Right-of-way and Easements. PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional.rea1 estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Right-of-way and Easements. PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Right- of-Way and Easements. PART 4: After consideration of said recommendation, the City Manager shaIl establish and approve the amount determined for acquisition of the Right-of-way and Easements. PART 5: Upon establishment and approval by the City Manager of the amount of just compensatjon for the acquisition of the Right-af-Way and Easements, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of such interest at the fidl amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the Cjty. PART 6: ' That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Right-of- Way and Easemeilts for the Project, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the required Right-of-way and Easements, City representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding such property. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2010. KITEST: APPROVED: -- City Secretary APPROVED: && 8 City Attorney MAYOR EXHIBIT "A" TO RESOLUTION DETERMINING NEED Being a variable width strip of Permanent Public Utility Easement extending along and across the folloiing tracts of land, the alignment of said easements being generally depicted by the attached project map. Tax ID Property Owner (current of former) Legal Description & Deed Reference (Brazos County Official Records) R969 18 College Station ISD Lot 1, Block I, ~thletic Complex Volume 1 140, Page 497 Being a twenty foot (20') wide strip of Temporary Construction Easements extending along and across the following tracts of land, the alignment of said easements being generally depicted by the attached project map. Tax ID Property Owner (current of former) Legal Description & Deed Reference (Brazos County Official Records) R42248 College Station ISD Tract 1, Southwood, Section Five Volume 28 1, Page 137 R42248 College Station ISD Tract 1, Southwood, Section Five Volume 281, Page 137 R20757 Price, Penelope S. Lot 1, Block I, Camelot Addition, Section One Volume 289, Page 553 Being a ten foot (10') wide (variable) strip of Permanent Public Utility Easements extending along and across the following tracts of land, the alignmerit of said easements being generally depicted by the attached project map. Tax ID Property Owner Legal Description & Deed Reference (current of former) (Brazos County Official Records) R42206 Adkins, William G. Rem. of 10 acres, Crawford Burnett League, Abstract No. 7 Volume 264, Page 107 R42376 Jones, Harry L. Lot 1, Soilthwood, Section Ten Volume 301, Page 73 Being a twenty foot (20') wide strip of Permanent Public Utility Easements extending along and across the following tracts of land, the alignment of said easements being generally depicted by the attached project map. Tax ID Property Owner (current of former) Legal Description & Deed Reference (Brazos County Official Records) R4243 8 Mikeska, Mary A. and Lot 12, Block 7, Southwood, Section 20 Cherly D. (current) Volume 326, Page 71 7 January 28, 2010 Regular Agenda Item No. 1 Presentation, Possible Action and Discussion Regarding a Resolution Approving and Setting User Fees for the Parks and Recreation Department Calendar Year 2010 To : Glenn Brown, City Manager From: David Schmitz, Assistant Director, Parks and Recreation Department Agenda Caption: Presentation, possible action, and discussion regarding a resolution of the City Council of the City College Station, Texas, approving and setting fees for Parks and Recreation activities and facilities for Calendar Year 2010. Recommendation(s): Staff recommends approval of the resolution and fees schedule, as submitted. Summary: Over the last several months, the Parks and Recreation Department has been working on the proposed user fees for 2010. At the November 16~~ meeting, the Council directed staff to proceed with a public hearing on the proposed fees for the November 23, 2009 City Council meeting for stakeholder input. Following the results of the November 23rd meeting and public hearing, the Council directed staff to: Remove from the proposed fee schedule for further analysis, adult and youth sports fees, athletic field rental fees, as well as field redevelopment fees; Form a subcommittee of stakeholders to discuss and recommend these fees; Insure that the recommended fees in those areas would not jeopardize the hosting of local tournaments; and Bring back any remaining proposed fees to the December loth Council meeting for Council consideration. Staff has met with user groups and the subcommittee of stakeholders and has come back with new proposed fees. Compromises to the November 23, 2009 proposed fee schedule were made to balance Council recommendations and stakeholder input. Following is a quick summary of those changes. Adult Sports: One fee for all (average 10% increase); no "Pay-at-the-Plate" deduction; Field Redevelopment Fees reflect ResidentINon-Resident rates; and, ResidentINon-Resident rates for outside league, per game, contract fee (adult soccer) apply. Youth Sports: One fee for all (average 10% increase); and Field Redevelopment Fees to remain at $10 per child, per season for all sports. Athletic Fields: One fee for all (10% increase); and the Field Redevelopment Fee is included in the rental. Other Changes - Averaqe of 10% Increase in Fees: Increased fees for the Conference Center, the EXIT Teen Center and general admission to the swimming pools. Other Chanqes - 50% Differential between Resident and Non-Resident Fees Where Practical: Instruction programs (Swimming, Water Fitness, and Tennis); Lincoln Center memberships and rentals; Pavilion rentals; Race Equipment rentals; and Swimming Pool rentals. Budget & Financial Summary: The proposed user fees for Calendar Year 2010 include changes that are detailed in Attachment 2 (Exhibit A). If approved, the new fees will become effective on February 1, 2010. Attachments: . . 1. Resolution 2. Exhibit A - Parks and Recreation Department 2010 Proposed User Fees 3. Fee Changes Summary Sheet 4. Parks and Recreation Advisory Board Minutes, July 14, 2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVlNG AND SETTING FEES FOR PARKS AIVD RECREATION ACTIVITIES AND FACILITIES. WHEREAS, the schedule of fees in the attached Exhibit A provides for Parks and Recreation related fees consistent with the adopted fiscal and budgetary policy; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS : PART 1 : That the City Council hereby approves and adopts the Parks and Recreation Fees Schedule attached as Exhibit A PART 2: That the fees provided for in the attached Exhibit A shall take effect for programs beginning after February l,20 10. ADOPTED this the - day of ATTEST: APPROVED: CITY SECRETARY APPROVED: MAYOR PARKS & RECREATION DEPARTMENT 2010 PROPOSED USER FEES EXNIBIT A (As of January 6,2010) Regular Rate Resident Discount Rate ADULT SPORTS PER TEAM 1. Flag Football (Includes $95 Per Team Field Redevelopment Fee) 2. Volleyball (No Field Redevelopment Fee Included) 3. Softball (Includes $95 Per Team Field Redevelopment Fee) Play-off League: Spring and SummerIFall $390 Fast Pitch: Spring and SummerIFall $435 4. Outside League Field Redevelopment Fee Per Team $145 $95 5. Kick Ball $375 $375 6. Adult Sports Transfer I Cancellation Fee $1 0 7. Outside League Per Game Contract Fee $1 5 $1 0 ............................................................................................................................... ATHLETIC FIELDS 1. Athletic Field Rental - Per Field, Per Day (Includes Field Redevelopment Fee of $15) One (I) Field, Per Day $120 I Day 2. Athletic Field Rental - Per Hour, up to 7 Hours. (Includes Field Redevelopment fee of $5) One (1) Field, Per Hour $20 I Hour 3. Athletic Field Rental Deposit Varies 4. Lights for Field Rentals (Per hour, Per field)$20/Hour $15 I Hour 5. Game Field Prep Fee, Per Field $50 I Field 6. Bee Creek Batting Cage Rental, Per Hour $1 0 I Hour 7. Veterans Park "Package" Day Rental -All 9 Soccer Fields and the American Pavilion $1,100 I Day 8. Key Fee (New Annual Fee and Replacement Fee) $10 Each 9. Parking Fee (Wayne Smith Complex) on TAMU Game Days $10 I Day In addition to the rental fees, a deposit will be charged and paid by the renter in advance of any tournament. The deposit will vary depending on the type and size of the tournament. Page I of 10 * Commercial rate tournaments. In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on the length and type of tournament in order to cover expenses incurred by the City for personnel and supplies needed to facilitate the tournament. Initial game field prep and light fees are included in the daily rental fee, but not in hourly rental fees. * Commercial rate tournaments NOTE: 1. The Regular Rate applies to non-resident individuals of College Station. 2. The Regular Rate for team fees applies to teams that have less than 75% College Station resident participation on the team. ............................................................................................................................... CEMETERY FEES 1. College Station Cemetery: Standard Space Cremate Space Infant Space 2. Municipal Cemetery of College Station Municipal Section: , Standard Space Columbaria Niche Infant Space Aggie Field of Honor: Standard Space Columbaria Niche Regular Rate (No Discounted Rates) CONFERENCE CENTER 1. Commercial Rental Rates (Companies or Businesses) Room 101 Monday - Thursday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Friday Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close Room 102*, 103, 104, 106* Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Room 105 Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Room 127 Monday - Thursday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Friday Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close Page 2 of 10 2. Non-Commercial Rental Rates (Individuals or groups I not companies or businesses) Room 101 Monday - Thursday: 4 Consecutive Hours or Less 8AM - 5 PM 6PM - Close Friday.Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close Room 102*, 103,104,106* Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Room 105 Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Room 127 Monday - Thursday: 4 Consecutive Hours or Less 8AIM - 5PM 6PM - Close Friday Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close 3. Room Rental Deposits (For All Groups) * Deposit for Room 127 Deposit for all other rooms 4. Kitchen Rental Kitchen Deposit 5. Additional Fees Week days: For time between 5:00 - 6:00 p.m., this time is based on availability, plus this extra fee. The fee is waived if reservation is from 8 a.m. to close. No extra fee on Room 101 or 127 with flat rate. $30 Sunday: This fee is added to commercial I non-commercial rates 1-5 Consecutive Hours $6 5 1-5 Hours Split, or over 5 Consecutive Hours $90 6. Alcohol Deposit (if alcohol is served) $55 7. Catering Deposit $55 8. Patio Based on Availability (2) Patio with Rental of Room 102 or 106 9. Audio I Visual Equipment Amplifier (2) Speakers (3) Microphone, Wireless Clip-on (3) Microphone, Wireless Handheld (1) Microphone on Stand (3) Microphone on Tabletop (6) (ALL MICROPHONES REQUIRE AN AMPLIFIER) $25 Each No .Charge $20.00 Each $1 0.00 Each $30.00 Each $30.00 Each $20.00 Each $20.00 Each Page 3 of 10 Multi-media Projector (I) Multi-media Projector Deposit $100.00 Each $55.00 Each Portable CD Player (I) Television, 32 with DVDNCR (1) Television, 25" with DVDNCR (3) 10. Podiums Upright with Microphone (3) Upright without a Microphone (1) ReceptionlParty ltems Candles 6" x 3 %", with Holder (50) Dance Floor Panels, 3' x 3' Panel (50) Lattice Screens - White, Folding 8' x 6' (4) Wedding Arch, White, Metal (I) Wedding Arbor Trellis, White Wooden (1) Mirror Ball (Available in Room 127 Only) Piano (1) 12. Kitchen ltems Ice Machine (Per 20 Pounds) Coffee Maker: 30-Cup (2); 60-Cup (3); 100-Cup (2) 13. MeetinglConference Equipment Flip Chart without Paper (3) Flip Chart with Paper (3) Silk Plants (15) Stage Extenders 4' x 7', One-step 3' x 1' (2) 14. Other Services: Copies (Per Copy) IVlaximum 100 Per Day * * Faxes - Local (Per Page) Long Distance (First PagelEach Additional Page) Trip Charge (For Food) $10.00 Each $25.00 Each $25.00 Each $1 5.00 Each $5.00 Each $1 .OO Each $2.00 Each $10.00 Each $15.00 Each $25.00 Each $1 0.00 Each $20.00 Each $2.50 Each $5.00 Each $5.00 Each $1 0.00 Each $40.00 Each $1 5.00 Each Coffee or Tea Service (Per Cup) Includes Coffee Pot, Coffee, Cups, Cream, Sweeteners and Napkins $.50 cents Per Cup Donuts andlor Cold Drinks Market Price plus Trip Charge Room or Date Transfer I Cancellation Fee Per Change * $10.00 Set-up Changes Less than 12 Hours Prior to the Event $10.00 Open Early Before 7:00 a.m., Sunday through Saturday $75.00 Late Closing 11:OO p.m. - 12:OO a.m., Sunday - Thursday $75.00 Late Closing 1:00 a.m. - 3:00 a.m., Friday - Saturday $75.00 I Hour Custodial Service Arranged in Advance, One Hour Min. $15.00 1 Hour Unarranged Custodial Clean-up $30.00 I Hour Use of Wi-Fi Internet Connection Service - Rooms 105 and 127 $25.00 ANY Unstipulated Occupancy Timer Per Contract Agreement for Early Arrival or Late Departure $90.00 I Hour Deposits are refundable upon compliance with all rules, regulations, and clean-up requirements by client and caterer. * Deposits are refunded less the cancellation fee of $10, if the reservations is cancelled sixty (60) days prior to the event. ** Per Section 11 1.61 of the Texas Administrative Code ............................................................................................................................... Page 4 of 10 INSTRUCTION FEES PER PERSON 1. Swim Lessons 45-Minute Lesson 25-Minute Lesson* 2. Stroke Clinic 3. USTA Tennis League 4. Tennis Lessons Regular Rate 5. Water Fitness Pass - IMorning Water Fitness - Fall, Spring Summer $120 Night Water Fitness - Fall, Spring, Summer $90 Morning Water Fitness -Winter $90 Night Water Fitness -Winter $70 Resident Discount Rate 6. Instruction Transfer I Cancellation Fee $10 $10 * Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length. ............................................................................................................................. Regular Rate Resident Discount Rate LINCOLN CENTER 1. School Year Membership Pass: Youth (17 & Under) Low Income Eligible 2. Summer Membership Pass $1 00 $50 3. Late Pick-up Fee 1 '' Fifteen Minutes Each Additional Minute Thereafter 4. Adult (18 & Over) Annual (12 Month) Membership Pass $70 $45 5. Non-Member Guest Pass Per Day (Youth or Adult) $3 $2 6. Gym Deposit Per Day (8 hour block) $375 $250 Half Court Rental Per Hour (4 hour maximum) $45 $30 Full Court Rental Per Hour (4 hour maximum) $60 $40 Gym Event $.35 1 Chair $.35 I Chair All Day Usage (More than 4 Hours) $375 $250 Concessions Room Usage $30 $20 7. Game Room / Multi - purpose Room Rental Per Hour (4 hour minimum) $40 / Hour $25 1 Hour Deposit $115 $75 Page 5 of 10 Regular Rate Resident Discount Rate 8. Community Room Rental Per Hour (3 Hour Maximum) $45 Deposit $1 50 Kitchen Fee $40 9. Special Event Fee (Funerals, weddings, parties) $415 10. Miscellaneous Charges: Copies (Per Copy) * $. 10 1 Copy Faxes - Local (Per Page) Faxes - Long Distance (Per Page) $1 .OO 1 Page $2 First Pg /$I Ea. Addt'l Page 1 1. Gym or Room Transfer 1 Cancellation Fee $1 0.00 All rooms are subject to an after-hour charge of $20 per hour. The after-hour charge is based on any request to use facilities beyond the Center's normal operation hours. Special Event fee includes the rental of the gym, Community Room, sound system, and 450 chairs. * Per Section 11 1.61 of the Texas Administrative Code. ............................................................................................................................... Regular Rate Resident Discount Rate PAVILION RENTALS PER DAY 1. Bee Creek (100) 1 Oaks (40) I W.A. Tarrow Park Pavilion (100) Monday - Thursday $1 50 Friday - Sunday & Holidays $190 Deposits $300 2. Central (200) 1 Southwood Pavilions (300) Monday -Thursday Friday - Sunday, and Holidays Deposit 3. John Crompton Park Pavilion (80) Monday -Thursday Friday - Sunday, and Holidays Deposit 4. American Pavilion in Veterans Park (500) Monday - Thursday Friday - Sunday, and Holidays Deposit 5. Pavilion Transfer I Cancellation Fee Per Change $10 $10 6. Dog Park Rentals - (Steeplechase Park and University Park) - Per day $225 Deposits are refundable if the facility is left clean, damage-free, and the keys are returned. o Deposits are refundable, less the $10 cancellation fee if reservation is cancelled no later than seven (7) days prior to the rental date. ( ) - The parenthesis by each pavilion shows the limit of occupants that the pavilion can facilitate. Page 6 of 10 Regular Rate Resident Discount Rate RACE EQUIPMENT RENTALS 1. Printing Stop Watch I Non-printing Stop Watch $1 5 $10 2. Cones (10) $1 5 $10 3. Bases, Poles, and Flagging (10) $1 5 $10 4. Big Time Clock $90 $60 5. Water Cooler I Ice Chest $101$10 $565 6. Tables $15 $10 7. Traffic Flags and Vests (1 0) $1 0 $5 8. Rental Package #I: Big time clock, 1 printing stopwatch, 10 cones, 10 baseslpoles and flagging, 2 water coolers, 2 tables,lO traffic flags and vests. $1 30 $85 9. Rental Package #2: Big time clock, 2 printing stopwatches, 30 cones, 20 baseslpoles and flagging, 6 water coolers, 4 tables, 15 traffic flags and vests. $1 50 $1 00 10. Rental Package #3: Big time clock, 4 printing stopwatches, 60 cones, 30 baseslpoles and flagging, 12 water coolers, 6 tables, 20 traffic flags and vests. $1 90 $125 ............................................................................................................................... Rate (No Discounted Rates) SWlNlMlNG POOLS 1. General Admission Per Person (Ages 3 and up) Hallaran I Thomas Natatorium Adamson 2. Discount Pass - 25 Swims Hallaran I 'Thomas Natatorium *Adamson 3. Family Season Pass (Up to Five Family Members) Fee for Additional Members in Excess of Five Hallaran I Thomas Pass or Natatorium Pass *Adamson 4. Individual Season Pass Hallaran/Thomas *Adamson 5. Babysitter Season Pass Hallaran I Thomas *Adamson $25 Per Person $1 50 $2 50 6. Special Day Care Fee @ Adamson Lagoon Per Child $3 7. Pool Rentals (2 Hour Period. Limited weekend availability) Page 7 of 10 Regular Rate .Resident Discount Rate Thomas / Hallaran: 25 people or fewer 50 people or fewer 51 - 76 people 77 - 102 people Each hour after initial 2 hours Natatorium: 25 people or fewer 50 people or fewer 51 - 76 people 77 - 102 people Each hour after initial 2 hours Adamson: 99 people or fewer 199 or fewer 299 or fewer 300 + Each hour after initial 2 hours 8. Adamson Baby Pool Rental - (2 Hour Period) 9. Pool Parties Per Person - (2 Hour Period) General Party: Southwood and Thomas Adarnson Lagoon Theme Party: Southwood and Thomas Adarnson Lagoon Catered General Party: Southwood and Thomas Adarnson Lagoon Catered Theme Party: Southwood and Thomas Adamson Lagoon Pavilion Party (Four-table limit): First Table Additional tables (Max of 3) 10. Junior Lifeguard Program Per Person Per Session 11. Junior Lifeguard Level 2, Per Session $25 + Cert. Fees 12. Other Pool Fees: Texas SuperGuard Competition Per Person Swim Diaper Fee Per Diaper Tube Rental Fee Deposit Locker Rental Fee Deposit Duck Derby (Sponsor a duck July 4'" Per Person ltsy Bitzy Tiny Cutie Bathing Beauty & Handsome Boy Contest on July 4Ih, Per Person "Schools Out Blow Out" at Adamson Lagoon Pool Trout Fish-Out Per Person (Ages 3 and up) Over the 5-fish limit (Per fish) 13. Educational Class Rental Per Hour Page 8 of 10 Regular Rate Resident Discount Rate 14. Adamson Lagoon Summer Day Camp Use, Per Child $3 $2 15. Natatorium Team Use Fee, Per Person, Per Season $15 $10 16. Pool Rental, Junior Lifeguard Transfer I Cancellation Fee $1 0 * Adamson passes are also valid at Southwood Hallaran and Thomas pools, excluding the CSlSD Natatorium. All discount passes are priced for 25 swims. ................................................................................................................................ Rate (No Discount Rate) TEEN CENTER (THE EXIT) 1. Annual Membership Pass $20 2. Non-Member Fee Per Day 3. Meeting Room Rental, Per Hour Deposit 4. DancelGame Room Rental, Per Hour Deposit 5. Whole Facility Rental Per Hour (Excludes Computer Lab) Deposit 6. Additional Attendance Fee Per Hour * $10 7. Room or Rental Transfer I Cancellation Fee $1 0 * All rental rates are based on a party of 1 - 25 people. Additional fees are added per hour for over 25 attendees. Any rental expecting more than 100 attendees must have prior Supervisor approval. * Deposits are refundable if the facility is left clean and damage-free. Fees are assessed for special events and field trips. ................................................................................................................................ VENDOR PERMITS & CONCESSIONS 1. Vendor Permit $50 2. Commissions: (Gross Sales minus Sales Tax) Food & Drinks 10- 15% Other Goods 10 - 15% Alcoholic Beverages 20 - 25% ............................................................................................................................... WOLF PEN CREEK AMPHITHEATER 1. Amphitheater Rentals Per Day: Private Rental Non-Commercial - Benefit Rental ProfessionalICommercial Rentals 2. Green Room Meetings Four Hours or Less lVon Commercial Commercial Mon - Thurs I Fri - Sunday $300 /$400 $600 / $700 $1,0001 $1,100 Page 9 of 10 3. Green Room Meetings Up to Twelve Hours Non Commercial Commercial 4. Green Room Social Events - Four Hours or Less Non Commercial Commercial 5. Green Room Social Events - Up to Twelve Hours Non Commercial Commercial Mon - Thurs I Fri - Sunday $100 /$I25 $125 /$I75 6. Deposit for all Amphitheater or Green Room Rentals Varies - $1 00 - $600 7. The Plaza at Wolf Pen Creek Rental (Includes Pavilion and Restrooms) Deposit (Security, Damage, Clean-up) 8. Other Non-typical Events Rate based on event 9. Discounts for Three or More Dates Reserved 15% 10. Alcohol Surcharge for any Function $50 A percentage of ticketing and fees for service personnel and vending charges will be added accordingly for amphitheater rentals. A percentage of the gate will be negotiated for commercial events. Non Commercial defined as: Non-profit, student, civic or private. Security deposits are based upon participantslattendees. ............................................................................................................................... XTRA EDUCATION CLASSES - All Xtra Education class fees will be set according to the individual needs of each class. Based upon 100% Cost Recovery. 1. Class Transfer / Cancellation Fee $1 0 ............................................................................................................................... YOUTH SPORTS PER CHILD 1. BasketbaillYouth Volleyball/Flag Football*/ Girl's Softball* (* Includes $10 Per Child Field Redevelopment Fee) 2. Challenger Sports (Basketball, Bowling, Soccer) $1 5 3. Outside League Field Redevelopment Fee Per Child All Sports $10 per child 4. Swim Team (No Field Redevelopment Fee Included) $110 5. Youth Sports Transfer / Cancellation Fee $1 0 Cemetery Fees approved by Cemetery Advisory Committee - August 19, 2009 Alternate Recommendation Cemetery Fees approved by City Council - September 10,2009 All Other Fees approved by Parks and Recreation Advisory Board - July 14, 2009 All Other Fees approved by City Council - Page 10 of 10 PARKS & RECREATION DEPARTMENT 2010 PROPOSED USER FEES EXHIBIT A (As of January 6, 2010) Regular Rate Resident Discount Rate ADULT SPORTS PER TEAM 1. Flag Football (Includes $95 Per Team Field Redevelopment Fee) 2. Volleyball (No Field Redevelopment Fee Included) 3. Softball (Includes $95 Per Team Field Redevelopment Fee) Play-off League: Spring and Summer/Fall $390 Fast Pitch: Spring and Summer/Fall $435 4. Outside League Field Redevelopment Fee Per Team $145 $95 5. Kick Ball $375 $375 6. Adult Sports Transfer / Cancellation Fee $1 0 7. Outside League Per Game Contract Fee $1 5 $10 ATHLETIC FIELDS 1. Athletic Field Rental - Per Field, Per Day (Includes Field Redevelopment Fee of $15) One (1 ) Field, Per Day $120 / Day 2. Athletic Field Rental - Per Hour, up to 7 Hours. (Includes Field Redevelopment fee of $5) One (1 ) Field, Per Hour $20 / Hour 3. Athletic Field Rental Deposit Varies 4. Lights for Field Rentals (Per hour, Per field)$20/Hour $1 5 / Hour 5. Game Field Prep Fee, Per Field $50 / Field 6. Bee Creek Batting Cage Rental, Per Hour $10 / Hour 7. Veterans Park "Package" Day Rental -All 9 Soccer Fields and the American Pavilion $1,100 / Day 8. Key Fee (New Annual Fee and Replacement Fee) $10 Each 9. Parking Fee (Wayne Smith Complex) on TAMU Game Days $10 / Day In addition to the rental fees, a deposit will be charged and paid by the renter in advance of anv tournament. The deposit will vary depending on the type and size of the tournament. Page 1 of 10 * Commercial rate tournaments. In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on the length and type of tournament in order to cover expenses incurred by the City for personnel and supplies needed to facilitate the tournament. Initial game field prep and light fees are included in the daily rental fee, but not in hourly rental fees. * Commercial rate tournaments NOTE: 1. The Regular Rate applies to non-resident individuals of College Station 2. The Regular Rate for team fees applies to teams that have less than 75% College Station resident participation on the team. ............................................................................................................................... CEMETERY FEES 1. College Station Cemetery: Standard Space Cremate Space Infant Space 2. Municipal Cemetery of College Station Municipal Section: Standard Space Columbaria Niche Infant Space Aggie Field of Honor: Standard Space Columbaria Niche Regular Rate (No Discounted Rates) CONFERENCECENTER 1. Commercial Rental Rates (Companies or Businesses) Room 101 Monday -Thursday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Friday Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close Room 102*, 103, 104,106* Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PIW - Close Room 105 Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Room 127 Monday - Thursday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Friday Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close Page 2 of 10 2. Non-Commercial Rental Rates (Individuals or groups I not companies or businesses) Room 101 Monday - Thursday: 4 Consecutive Hours or Less 8AM - 5 PM 6PM - Close Friday Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close Room 102*, 103, 104, 106* Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Room 105 Monday - Sunday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Room 127 Monday -Thursday: 4 Consecutive Hours or Less 8AM - 5PM 6PM - Close Friday Flat Rate: 8AM - Close Saturday Flat Rate: 8AM - Close 3. Room Rental Deposits (For All Groups) * Deposit for Room 127 Deposit for all other rooms 4. Kitchen Rental Kitchen Deposit 5. Additional Fees Week days: For time between 500 - 6:00 p.m., this time is based on availability, plus this extra fee. The fee is waived if reservation is from 8 a.m. to close. No extra fee on Room 101 or 127 with flat rate. $30 Sunday: This,fee is added to commercial I non-commercial rates 1-5 Consecutive Hours $65 1-5 Hours Split, or over 5 Consecutive Hours $90 6. Alcohol Deposit (if alcohol is served) $55 7. Catering Deposit $55 8. Patio Based on Availability (2) Patio with Rental of Room 102 or 106 9. Audio I Visual Equipment Amplifier (2) Speakers (3) Microphone, Wireless Clip-on (3) Microphone, Wireless Handheld (1 ) Microphone on Stand (3) Microphone on Tabletop (6) (ALL MICROPHONES REQUIRE AN AMPI-IFIER) $25 Each No Charge $20.00 Each $10.00 Each $30.00 Each $30.00 Each $20.00 Each $20.00 Each Page 3 of 10 Multi-media Projector (1) Multi-media Projector Deposit $1 00.00 Each $55.00 Each Portable CD Player (1 ) Television, 32" with DVDIVCR (I) Television, 25" with DVDNCR (3) 10. Podiums Upright with Microphone (3) Upright without a Microphone (1) 11. ReceptionIParty ltems Candles 6" x 3 %", with Holder (50) Dance Floor Panels, 3' x 3' Panel (50) Lattice Screens -White, Folding 8' x 6' (4) Wedding Arch, White, Metal (1) Wedding Arbor Trellis, White Wooden (1) Mirror Ball (Available in Room 127 Only) Piano (1 ) 12. Kitchen ltems Ice Machine (Per 20 Pounds) Coffee Maker: 30-Cup (2); 60-Cup (3); 100-Cup (2) 13. MeetingIConference Equipment Flip Chart without Paper (3) Flip Chart with Paper (3) Silk Plants (1 5) Stage Extenders 4' x 7', One-step 3' x I' (2) 14. Other Services: Copies (Per Copy) Maximum 100 Per Day * * Faxes - Local (Per Page) Long Distance (First PageIEach Additional Page) Trip Charge (For Food) $10.00 Each $25.00 Each $25.00 Each $1 5.00 Each $5.00 Each $1 .OO Each $2.00 Each $1 0.00 Each $1 5.00 Each $25.00 Each $10.00 Each $20.00 Each $2.50 Each $5.00 Each $5.00 Each $10.00 Each $40.00 Each $1 5.00 Each Coffee or Tea Service (Per Cup) Includes Coffee Pot, Coffee, Cups, Cream, Sweeteners and Napkins $.50 cents Per Cup Donuts andlor Cold Drinks Market Price plus Trip Charge Room or Date Transfer I Cancellation Fee Per Change * $10.00 Set-up Changes Less than 12 Hours Prior to the Event $1 0.00 Open Early Before 7:00 a.m., Sunday through Saturday $75.00 Late Closing 11 :00 p.m. - 12:OO a.m., Sunday - Thursday $75.00 Late Closing 1.00 a.m. - 3:00 a.m., Friday - Saturday $75.00 I Hour Custodial Service Arranged in Advance, One Hour Min. $1 5.00 I Hour Unarranged Custodial Clean-up $30.00 I Hour Use of Wi-Fi Internet Connection Service - Rooms 105 and 127 $25.00 ANY Unstipulated Occupancy Timer Per Contract Agreement for Early Arrival or Late Departure $90.00 1 Hour Deposits are refundable upon compliance with all rules, regulations, and clean-up requirements by client and caterer. * Deposits are refunded less the cancellation fee of $10, if the reservations is cancelled sixty (60) days prior to the event. ** Per Section 11 1.61 of the Texas Administrative Code ............................................................................................................................... Page 4 of 10 Regular Rate INSTRUCTION FEES PER PERSON 1. Swim Lessons 45-Minute Lesson 25-Minute Lesson* Resident Discount Rate 2. Stroke Clinic $75 $50 3. USTA Tennis League $1 50 $100 4. Tennis Lessons $105 $70 5. Water Fitness Pass - Morning Water Fitness - Fall, Spring Summer Night Water Fitness - Fall, Spring, Summer Morning Water Fitness -Winter Night Water Fitness -Winter 6. Instruction Transfer I Cancellation Fee $1 0 $10 * Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length. Regular Rate LINCOLN CENTER 1. School Year Membership Pass: Youth (I7 & Under) Low Income Eligible 2. Summer Membership Pass $100 3. Late Pick-up Fee 1 st Fifteen Minutes Each Additional Minute Thereafter 4. Adult (I8 & Over) Annual (12 Month) Membership Pass $70 5. Non-Member Guest Pass Per Day (Youth or Adult) $3 6. Gym Deposit Per Day (8 hour block) $375 Half Court Rental Per Hour (4 hour maximum) $45 Full Court Rental Per Hour (4 hour maximum) $60 Gym Event $.35 I Chair All Day Usage (More than 4 Hours) $375 Concessions Room Usage $30 7. Game Room I Multi - purpose Room Rental Per Hour (4 hour minimum) $40 I Hour Deposit $115 Resident Discount Rate $250 $30 $40 $.35 I Chair $250 $20 $25 / Hour $75 Page 5 of 10 Regular Rate Resident Discount Rate 8. Community Room Rental Per Hour (3 Hour Maximum) $45 Deposit $1 50 Kitchen Fee $40 9. Special Event Fee (Funerals, weddirlgs, parties) $41 5 $275 10. Miscellaneous Charges: Copies (Per Copy) * Faxes - Local (Per Page) Faxes - Long Distance (Per Page) $.I 0 I Copy $1 .OO I Page $2 First Pg I $1 Ea. Addt'l Page 11. Gym or Room Transfer I Cancellation Fee $1 0.00 All rooms are subject to an after-hour charge of $20 per hour. The after-hour charge is based on any request to use facilities beyond the Center's normal operation hours. Special Event fee includes the rental of the gym, Community Room, sound system, and 450 chairs. * Per Section 11 1.61 of the Texas Administrative Code. Regular Rate Resident Discount Rate PAVILION RENTALS PER DAY 1. Bee Creek (1 00) I Oaks (40) I W.A. Tarrow Park Pavilion (100) Monday - Thursday $1 50 Friday - Sunday & Holidays $1 90 Deposits $300 2. Central (200) I Southwood Pavilions (300) Monday - Thursday Friday - Sunday, and Holidays Deposit 3. John Crompton Park Pavilion (80) Monday - Thursday Friday - Sunday, and Holidays Deposit 4. American Pavilion in Veterans Park (500) Monday - Thursday Friday - Sunday, and Holidays Deposit 5. Pavilion Transfer I Cancellation Fee Per Change $1 0 $1 0 6. Dog Park Rentals - (Steeplechase Park and University Park) - Per day $225 Deposits are refundable if the facility is left clean, damage-free, and the keys are returned. Deposits are refundable, less the $10 cancellation fee if reservation is cancelled no later than seven (7) days prior to the rental date. ( ) - The parenthesis by each pavilion shows the limit of occupants that the pavilion can facilitate. Page 6 of 10 Regular Rate Resident Discount Rate RACE EQUIPMENT RENTALS 1. Printing Stop Watch / Non-printing Stop Watch $1 5 $1 0 2. Cones (10) $1 5 $10 3. Bases, Poles, and Flagging (10) $1 5 $10 4. Big Time Clock $90 $60 5. Water Cooler / Ice Chest $1 0/$10 $565 6. Tables $1 5 $1 0 7. Traffic Flags and Vests (10) $1 0 $5 8. Rental Package #I : Big time clock, 1 printing stopwatch, 10 cones, 10 bases/poles and flagging, 2 water coolers, 2 tables,lO traffic flags and vests. $1 30 $85 9. Rental Package #2: Big time clock, 2 printing stopwatches, 30 cones, 20 bases/poles and flagging, 6 water coolers, 4 tables, 15 traffic flags and vests. $1 50 $1 00 10. Rental Package #3: Big time clock, 4 printing stopwatches, 60 cones, 30 bases/poles and flagging, 12 water coolers, 6 tables, 20 traffic flags and vests. $1 90 $125 ............................................................................................................................... Rate (No Discounted Rates) SWIMMING POOLS 1. General Admission Per Person (Ages 3 and up) Hallaran / Thomas Natatorium Adamson 2. Discount Pass - 25 Swims Hallaran / Thomas Natatorium *Adamson 3. Fam~ly Season Pass (Up to Five Family Members) Fee for Additional Members in Excess of Five Hallaran /Thomas Pass or Natatorium Pass *Adamson 4. Individual Season Pass Hallaranrrhomas *Adamson 5. Babysitter Season Pass Hallaran / Thomas *Adamson $25 Per Person $1 50 $250 6. Special Day Care Fee @ Adamson Lagoon Per Child $3 7. Pool Rentals (2 Hour Period. Limited weekend availability) Page 7 of 10 Regular Rate Resident Discount Rate Thomas / Hallaran: 25 people or fewer 50 people or fewer 51 - 76 people 77 - 102 people Each hour after initial 2 hours Natatorium: 25 people or fewer 50 people or fewer 51 - 76 people 77 - 102 people Each hour after initial 2 hours Adamson: 99 people or fewer 199 or fewer 299 or fewer 300 + Each hour after initial 2 hours 8. Adamson Baby Pool Rental - (2 Hour Period) 9. Pool Parties Per Person - (2 Hour Period) General Party: Southwood and Thomas Adamson Lagoon Theme Party: Southwood and Thomas Adamson Lagoon Catered General Party: Southwood and Thomas Adamson Lagoon Catered Theme Party: Southwood and Thomas Adamson Lagoon Pavilion Party (Four-table limit): First Table Additional tables (Max of 3) 10. Junior Lifeguard Program Per Person Per Session 1 1 . Junior Lifeguard Level 2, Per Session $25 + Cert. Fees 12. Other Pool Fees: Texas SuperGuard Competition Per Person Swim Diaper Fee Per Diaper Tube Rental Fee Deposit Locker Rental Fee Deposit Duck Derby (Sponsor a duck July 4th) Per Person ltsy Bitzy Tiny Cutie Bathing Beauty & Handsome Boy Contest on July 4th, Per Person "Schools Out Blow Out" at Adamson Lagoon Pool Trout Fish-Out Per Person (Ages 3 and up) Over the 5-fish limit (Per fish) 13. Educational Class Rental Per Hour Page 8 of 10 Regular Rate Resident Discount Rate 14. Adamson Lagoon Summer Day Camp Use, Per Child $3 $2 15. Natatorium Team Use Fee, Per Person, Per Season $1 5 $1 0 16. Pool Rental, Junior Lifeguard Transfer / Cancellation Fee $1 0 * Adamson passes are also valid at Southwood Hallaran and Thomas pools, excluding the CSlSD Natatorium. All discount passes are priced for 25 swims. ............................................................................................................................... Rate (No Discount Rate) TEEN CENTER (THE EXIT) 1. Annual Membership Pass $20 2. Non-Member Fee Per Day $2 3. Meeting Room Rental, Per Hour Deposit 4. DanceIGame Room Rental, Per Hour Deposit 5. Whole Facility Rental Per Hour (Excludes Computer Lab) Deposit 6. Additional Attendance Fee Per Hour * $10 7. Room or Rental Transfer / Cancellation Fee $1 0 * All rental rates are based on a party of 1 - 25 people. Additional fees are added per hour for over 25 attendees. Any rental expecting more than 100 attendees must have prior Supervisor approval. Deposits are refundable if the facility is left clean and damage-free. Fees are assessed for special events and field trips. VENDOR PERMITS & CONCESSIONS 1. Vendor Permit $50 2. Commissions: (Gross Sales minus Sales Tax) Food & Drinks 10 - 15% Other Goods 10- 15% Alcoholic Beverages 20 - 25% ............................................................................................................................... WOLF PEN CREEK AMPHITHEATER 1. Amphitheater Rentals Per Day: Private Rental Non-Commercial - Benefit Rental Professional/Commercial Rentals 2. Green Room Meetings Four Hours or Less Non Commercial Commercial Mon - Thurs / Fri - Sunday $300 / $400 $600 / $700 $1,000 /$l,lOO Page 9 of 10 3. Green Room Meetings Up to Twelve Hours Non Commercial Commercial 4. Green Room Social Events - Four Hours or Less Non Commercial Commercial 5. Green Room Social Events - Up to Twelve Hours Non Commercial Commercial Mon - Thurs I Fri - Sunday $100 1 $125 $125 /$I75 6. Deposit for all Amphitheater or Green Room Rentals Varies - $1 00 - $600 7. The Plaza at Wolf Pen Creek Rental (Includes Pavilion and Restrooms) Deposit (Security, Damage, Clean-up) 8. Other Non-typical Events Rate based on event 9. Discounts for Three or More Dates Reserved 15% 10. Alcohol Surcharge for any Function $50 A percentage of ticketing and fees for service personnel and vending charges will be added accordingly for amphitheater rentals. A percentage of the gate will be negotiated for commercial events. Non Commercial defined as: Non-profit, student, civic or private. Security deposits are based upon participantslattendees. ............................................................................................................................... XTRA EDUCATION CLASSES - All Xtra Education class fees will be set according to the individual needs of each class. Based upon 100% Cost Recovery. 1. Class Transfer / Cancellation Fee $1 0 ............................................................................................................................... YOUTH SPORTS PER CHILD 1. BasketballIYouth Volleyball/Flag Football*/ Girl's Softball* (* Includes $10 Per Child Field Redevelopment Fee) 2. Challenger Sports (Basketball, Bowling, Soccer) $1 5 3. Outside League Field Redevelopment Fee Per Child All Sports $1 0 per child 4. Swim Team (No Field Redevelopment Fee Included) $110 5. Youth Sports Transfer / Cancellation Fee $10 Cemetery Fees approved by Cemetery Advisory Committee - August 19, 2009 Alternate Recommendation Cemetery Fees approved by City Council - September 10, 2009 All Other Fees approved by Parks and Recreation Advisory Board - July 14, 2009 All Other Fees approved by City Council - Page 10 of 10 Parks and Recreation Department Summary of User Fees 2010 SUMMARY Adult Sports: One fee for all (average 10% increased) No "Pay at the Plate" deduction Field Redevelopment Fees reflect ResidenVlVon-Resident rates ResidenVNon-Resident Rates for outside league, per game, contract fee (adult soccer) Youth Sports: One fee for all (average 10% increase) Field Redevelopment Fees to remain at $10 per child, per season for all sports Athletic Fields: Include Field Redevelopment Fees with rentals One fee for all (1 0% increase) Other Changes 50% Differential between Resident and Non-resident Fees Where Practical: Instruction Progranis (Swimming, Water Fitness, and Tennis) Lincoln Center - memberships and rentals Pavilion rentals Race Equipment rentals Swimming pool rentals Other Changes - Average of 1 0% Increase in Fees: Conference Center EXIT Teen Center Swimming pools - general admission No Changes: Vendor Permits Wolf Pen Creek Amphitheater Xtra Education classes Garett Karr, 2315 Bristol, Bryan - Has to go out of town to use the skate park as a unique amenity this would make our park an attraction. He also likes Southwood as the location for the park. Daniel, 3908 Horseback - Would like scooters to be included into the park. Barbara Rush, Bryan, TX - Her grandson does the stairs and other skate park amenities. She explained that she watches him and would like for shade to be incorporated into the park for the viewers. She also asked for different elements to be incorporated for the different age groups and urged that things be included for those who would like a challenge. She agreed that having an all wheel park would benefit the users. Jonathan Mendez - Feels that Southwood is the best location and that incorporating different architecture will make the skate park unique and help the city thrive. The public hearing portion closed, and Board discussion followed. Glenn Schroeder made a motion to recommend that Southwood Athletic Park be the location for the skate park and that the city and Board work with the consultant to incorporate the different users into the park. Also to include certain amenities, such as shade, as specified by the users. George Jessup seconded. The vote was called. All were in favor, and the motion carried unanimously. Presentation, ~ossible action, and discussion concerning Parks and Recreation Department Pro~osed Schedule sf Fees for FY 2010: There was discussion regarding the proposed schedule of fees for FY 2010. David Scott made a motion to accept the proposed schedule of fees for FY 2010, and Glenn Schroeder seconded the motion. Glenn Schroeder included that he would like to see the fees on the agenda on a regular basis so that the Board can address the issues. He also included that the difference in the regular rate and the resident discount rate was justified, because the infrastructure in the city has been paid by citizens tax dollars. The vote was called. Douglas Becker in opposition to the motion. The vote passed with a vote of 6 to 1. (Donald Williams being absent). 8. Presentation, ~ossible action, and discussion concernins DOQ Park Operations: C~~rtis Bingham, Park Operations Superintendent, explained the advantages and problems that each of the dog parks has. Discussion followed. This was an informational item only, and no action was required. July 14, 2009 Parks and Recreation Advisory Board Meeting Minutes To; Glenn Brown, City Manager Fnm Bob Cowell, AICP Director of Planning and Development Services AgenctaOlption: Public Hearing, presentation, possible action, and discussion regarding an ordinance repealing the College Station Bikeway and Pedestrian Master Plan (October 2002), and A Network of Greenways for College Station (May 1999) and amending the adopting Ordinance for the City of College Station Comprehensive Plan (Ordinance Number 3186) and adopting the Bicycle, Pedestrian, and Greenways Master Plan. Fs):The Planning and Zoning Commission unanimously recommended approval of the Bicycle, Pedestrian, and Greenways Master Plan at their January 21St meeting. Staff also recommended approval. -.The Bicycle, Pedestrian, and Greenways Master Plan, a component of the College Station Comprehensive Plan, planning process has been underway for the past year and the update is complete. The planning process began in November 2008 with an inventory of existing bicycle, pedestrian, and greenway facilities and the selection of a Technical Task Force and Staff Resource Team. Over the past twelve months, staff has provided updates on the progress of the plan including a needs assessment, recommendations on system development and management and implementation. Citizen engagement included three community meetings, an online survey, and focus groups. Staff provided a draft copy of the Bicycle, Pedestrian, and Greenways Master Plan, also available online at www.cstx.gov/hikeandbike , as well as an overview of the document on January 14, 2010. Comments were received from the Parks and Recreation Advisory Board on January 12, 2010. Budget & Fdl Sunnay Capital and operations and maintenance costs are noted in the Master Plan The Bicycle, Pedestrian, and Greenways Master Plan (on file at the City Secretary's Office). Ordinance (To be provided at Council Meeting) To: Glenn Brown, City Manager Fnm Bob Cowell, AICP, Director of Planning & Development Services AgenctaCaption: Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning from A-0 Agricultural-Open to R-1 Single Family Residential 1.83 acres 2251 Sebesta Road, generally located east of Sandstone Subdivision and south of Emerald Forest Phase #7, at the terminus of Emerald Parkway. Fs): The Planning & Zoning Commission considered this item at their regular meeting on January 7, 2010 and recommended approval on a 6-1 vote with the condition that a Private Drainage Easement be added to the portion of the property encumbered by the 100-year floodplain, as defined by the Federal Emergency Management Agency (FEIYA), with the following restrictions: limiting fill of the property to that required for the installation of public utilities in public utility easements; limiting the type of fencing used in the floodplain to those that allow for water to flow through and across the properties; and limiting structures in the floodplain to those that do not restrict the flow of water through and across properties. Staff recommended denial of the request. Summary: The Unified Development Ordinance provides the following review criteria for zoning map amendments: ~CRrlEuA 1. -withthe-- The Future Land Use and Character Map included in the Comprehensive Plan designates the subject property as Estate, Natural Areas - Reserved, and Natural Areas - Protected. The Estate designation is described in the Comprehensive Plan as being 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-density single-family residential lots (20,000 square foot lots) clustered around open space or large lots (minimum one acre). Natural Areas - Reserved is described as being for areas that represent a constraint to development and that should be preserved for their natural function or open space qualities. These areas include floodplains and riparian buffers, as we1 l as recreation facilities. Natural Areas - Preserved include areas that are permanently protected from development. These areas are preserved for their natural function or for parks, recreation, or greenways opportunities. These areas include areas such as regulatory floodway, publicly owned open space, conservation easements, and public parks. 2. Catpatbil~withthepresentnmirgandamfoming~~~gofneaefy~~withthe~ofthe w: The property is zoned A-0 Agricultural-Open. Property to the southwest was rezoned to R-1 Single-Family Residential in 2007 in preparation for the Emerald Ridge Estates development, which was preliminary platted in late 2009. When the subject property was under consideration in 2007, the applicant chose to remove the 100-year floodplain from the rezoning request. Property located west of the Emerald Ridge Estates subdivision is also zoned R-1 Single-Family Residential, but is developed as large estate- sized lots in the Sandstone subdivision. Properties located to the northeast of the subject property are located within the 100-year FEMA floodplain and largely used for agricultural purposes. 3. MlityofthemaffecbedbthemforusgmbthedMthatwouldbem qpliibytheproposed- The majority of the property is located within the 100- year FEMA floodplain. The R-1 Single-Family Residential zoning district generally allows for the development of single-family homes and related accessory structures on minimum 5,000 square foot lots. Structures located in the floodplain are required to be constructed above the base flood elevation in the area. Floodplains serve a natural drainage function for the City. Incremental degradation of and encroachment into the City's floodplains has occurred throughout this area, creating additional drainage issues in portions of the Emerald Forest subdivision. 4. SCitdbilityofthe~affecbedbthe~forusg~bthedMa~cablebthe pmperly at the tine of the proposed anerwtnent: A-0 Agricultural-Open allows for limited development, and is intended for land which is used for largely undeveloped agricultural, very low-intensity residential, or open spaces uses. In general, the highest and best function for our rivers and streams and their floodplains is the conveyance and temporary storage of floodwaters. Greenways serve to protect the flood control functions of these floodplains and riparian areas. Limiting the placement of buildings and other impervious surfaces, such as parking lots, or even fill in these areas, can help reduce unnecessary flooding, manage storm water runoff and decrease stream bank erosion that can affect the future health and effectiveness of our rivers and streams. 5. -lityofthemaMbythe-formmbthedMappliibthe pmpeilyatthetineofthepropasedamerwtnent: A portion of the property has been included in the Preliminary Plat for Emerald Ridge Estates subdivision (approved in 2009) and is shown as common area. 6. A~ibbilityof~~waS&M&Y~ and~fadliigenemllysu~~and~for the propased use There is an existing 8-inch waterline along the north side of Emerald Parkway. Water service will be extended from this existing 8-inch waterline and loop to an existing 6-inch waterline along the south side of Sandstone Drive. Sanitary sewer service will be provided from an existing 24-inch sewer line just west of the subdivision on Emerald Parkway. Portions of existing 21-inch and 24-inch sewer lines currently running through the property are proposed to be rerouted along the outer property boundary. Utility reports for the subdivision are required at the time of Final Plat to insure capacity and compliance with the BCS Unified Design Guidelines Access to the parcel is by Emerald Parkway, which is classified as a Minor Collector on the Thoroughfare Plan. Drainage is generally to the northeast within the Bee Creek Drainage Basin. A Drainage Report is required at time of Final Plat to show that the drainage plan for the subdivision meets the City's Drainage Policy and Design Standards. The subject tract is encroached by a designated Zone AE Special Flood Hazard Area per FEMA FIRM Panel 163D. 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Planning & Zoning Commission Minutes - January 7, 2010 4. Ordinance Background Information NOTIFICATIONS Advertised Comrr~ission Hearing Date: January 7, 2010 Advertised Council Hearing Dates: January 28,201 0 The following neighborhood organizations that are registered with the City of College Station's IVeighborhood Services have received a courtesy letter of notification of this public hearing: Sandstone HOA Emerald Forest HOA Property owner notices mailed: 3 Contacts in support: None as of date of staff report Contacts in opposition: None as of date of staff report Inquiry contacts: None as of date of staff report ADJACENT LAND USES DEVELOPMENT HISTORY Annexation: 1977 Zoning: A-0 Agricultural-Open upon annexation Final Plat: Unplatted Site development: Vacant Land Use Agricultural Undeveloped I homestead Emerald Forest Subdivision Agricultural I homestead Direction North South East West Comprehensive Plan Natural Areas - Reserved Estate Natural Areas - Reserved and Restricted Suburban Natural Areas - Reserved Zoning A-0 Agricultural-Open R-I Single-Family A-0 Agricultural-Open and R-I Single-Family A-0 Agricultural-Open Zoning Districts R - 3 Townhouse C - 3 Liglit Comlllercial WPC Wolf Pen Creek Dev. Corridor R - 4 Multi-Family M- I Light Industrial NG - I Core No~thgate A- O Agrici~iti~lal Open R - 6 High Density M~llti-Family M - 2 Heavy Industrial NG - 2 Transitional Nollhgate A- OR Rulal Resiclential S~~bclivisio~i R - 7 Mani~faciurecl Home Park C - U College and Universlly NG - 3 Residenlial Nolthgate R - 'I Sillyle Family Resiclential A - P AdministrativelProfessionai R B D Research and Develop~nent OV Corridor Overlay R - 1E Single Family Residential C - I General Comlnercial PlVIUD Planned Mixed-Use Developlnent RDD Redeveloplnent Distrlci R - 2 Dul~l%x Residential C - 2 Co~n~nercial-Industrial PDD Planned Develop~nent District KO Krenek Tap Overlay . .. . . . . DEVELOPMENT REVIEW EMERALD RIDGE ESTATES ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, "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 AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PEIWTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: , . PART 1: That chapter 12, "Unified Development Ordinance," Section 4.2,. "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and shown graphically in Exhibit "B", attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 28th day of January, 2010 ATTEST: City Secretary APPROVED: MAYOR ORDINANCE NO. EXHIBIT "A" Page 2 That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property, described below and shown graphically in Exhibit "B", is rezoned from A-0 Agricultural-Open to R-1 Single-Family Residential with the condition that a Private Drainage Easement be added to the portion of the property encumbered by the 100-year floodplain, as defined by the Federal Emergency Management Agency (FEMA), with the following restrictions: limiting fill of the property to that required for the installation of public utilities in public utility easements; limiting the type of fencing used in the floodplain to those that allow for water to flow through and across the properties; and limiting structures in the floodplain to those that do not restrict the flow of water through and across properties. ORDINANCE NO. Page 3 METES AND BOUNDS DESCRIPTION OF A 1.83 ACRE TRACT MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, COLLEGE STATION, BRAZOS CO~Y, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 65.07 ACRE TRACT AS DESCRIBED BY A DEED TO J. GARLAND WATSON, JR. AND LAUD QUINN ,WATSON RECORDED M VOLUME 3005, PAGE 335 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A CALLED 26.12 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RTDGEESTATES, LTD. RFCORDED M VOLUME 8843, PAGE 110 OF THE OFFICIALPUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULAWY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 518 INCH IRONROD FOUND ON THENORTHWESTLINE OF SAID REMAINDEROF 65.07 ACRE TRACT MARKTNG THE NORTHEAST CORNER OF SAID 26.12 ACRE TRACT AND THE SOUTHEAST CORNER OF A CALLED 20.30 ACRE TRACT AS DESCRIBED BY A DEED TO FREDDlE A. WOLTERS AND WIFE, MARY WOLTERS RECORDED IN VOLUME 4212, PAGE 230 OF THE OFTICIALPUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 39" 34' 27" E THROUGH SATD REMAINDER OF 65.07ACRE TRACTFORADISTANCE OF 404.65 FE?ET TO A % INCH IRON ROD SET ON THE COMMON LINE OF SAID REMAINDER OF 65.07 ACRE TRACT AND A CALLED 18.45 ACRE TRACT AS DESCRIBED BY A DEED TO EMERALD RlDGE ESTATES, LTD. RECORDED IN VOLUME 8337, PAGE 36 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID 18.45 ACRE TRACT BEING KNOWN AS SANDY RIDGE ACCORDING TO THE PLAT RECORDED IN VOLUME 501, PAGE 473 OF THE DEED WORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1" X 1" LRON BARFOUND MARKING THE SOUTHEAST CORNER OF SAID RE-EROF 65.07 ACRE TRACT BEARS: S 65" 00' 07" E FOR A DISTANCE OF 425.76 FEET; THENCE: N 65" 00' 07" W ALONG THE COMMON LINE OF SAID REMATNDER OF 65.07 ACRE TRACT AND SAID 18.45 ACRE TRACT FOR A DISTANCE OF 420.34 FEET TO A 318 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF SAID 26.12 ACRETRACT MARKING THE COMMON CORNEROF SAID REMAINDER OF 65.07 ACRE PACT AX9 SAD 15.45 ACP? TRACT; THENCE: N 42" 3 1' 54" E ALONG TflE COMMON LINE OF SATD REMAINDER OF 65.07 ACRE TRACT AND SAID 26.12 ACRE TRACT FOR A DISTANCE OF 79.53 FEET; TIIENCE: THROUGE-I SAID 26.12 ACRE TRACT FOR THE FOLLOWING CALLS: N 73" 28' 18" W FORA DISTANCE OF 124.58 FEET; S 89" 24' 48" W FOR A DISTANCE OF 74.43 FEET; N 81" 24' 07" W FORA DISTANCE OF 72.52 FEET; N 66" 3 5' 22" W FOR-A DISTANCE OF 1 12.4 1 FEET; N 52" 39' 57" W FOR A DISTANCE OF 149.32 FEET; ORDINANCE NO.- Page 4 N 76" 19' 28" W FORA DISTANCE OF 52.86 FEET; S 87" 40' 39" W FOR A DISTANCE OF 66.05 FEET; S 80" 02' 44" W FOR A DISTANCE OF 50.53 FEET; N 61" 18' 34" E FOR A DISTANCE OF 67.26 FEET TO THE COMMON LINE OF SAID 26.12 ACRE TRACT AND SAID 20.30 ACRE TRACT, FORREFERENCE A %INCH IRON ROD FOUND MARlUNG THE SOUTHWEST CORNER OF SAID 20.30 ACRE TRACT BEARS: N 78" 14' 20" W FOR A DISTANCE OF 270.49 FEET; THXNCE: S 78O 14' 20" E ALONG THE COMMON LINE OF SAD 26.12 ACRE TRACT AND SAID 20.30 ACRE TRACT FORA DISTANCE OF 679.25 FEET TO THE POINT OFBECWNING CONTAINING 1.83 ACRES OF LAND, MORE OF LESS, AS SURVEYED ON TKE GROUND MARCH 2007. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 Page 5 ORDINANCE NO. EXHIBIT "B" January 28, 2010 Regular Agenda Item No. 4 Victoria Avenue Street Extension Resolution Determining Need (Right of Way and Easement Acquisition) To: Glenn Brown, City Manager From: Chuck Gilman, PE, Director of Capital Projects Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of right- of-way and easements needed for the Victoria Avenue Extension Project. Recommendation(s): Staff recommends Council approval of the Resolution. Summary: Approval of the resolution will authorized staff to engage in good faith negotiations for the purchase of street right-of-way and easements necessary for the construction, maintenance and operation of the Victoria Avenue Extension Project. The project includes the installation of pavement, curb and gutter, sidewalks, a water line and other utilities. The new street will extend from its exiting terminus just south of Barron Road to WD Fitch Parkway (SH 40). The location and route is depicted by the attached maps. Budget & Financial Summary: Funds in the amount of $2,455,000 are budgeted for this project in the Streets Capital Improvement Projects Fund. In addition, funds in the amount of $228,375 are budgeted in the Water Capital Improvement Fund and $25,556 is budgeted in the Wastewater Capital Improvement Fund -for this project. Funds in the amount of $285,302.35 have been expended or committed to date, leaving a balance of $2,423,628.65 for land acquisition and future expenses. Attachments: 1. Resolution Determining Need 2. Location Map 3. Project Map RESOLUTION DETERMINING NEED RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT-OF-WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE VICTORIA AVENUE EXTEI\ISION PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDLTRES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chaiTered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city roadway system, as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city roadway system is a benefit to the public; and WHEREAS, the City owns, operates, constructs, repairs, and maintains public utilities including water, wastewater, and electric ("public utility system") as a public service, in order to provide utilities to the public and the City, now and in the future; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city public utility system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its street system and public utility system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article I1 of the City's Charter; and WHEREAS, the City is engaged in the following project regarding improvements to Victoria Avenue between its terminus southeast of Barron Road and W. D. Fitch Parkway (State Highway 40), including extension of the road, installation of public utilities, access, and landscaping, (the "Project"); and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City improve Victoria Avenue between its terminus southeast of Barron Road and W. D. Fitch Parltway (State Highway 40), through the City's acqt~isition, by purchase or condemnation proceeding, of the right-of-way and easements as provided in Exhibit A, attached hereto and incoi-porated herein by reference for all purposes (the "Right-of-Way and Easements"); now, therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: PART I: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Right-of-Way and Easements, and the public welfare and convenience will be served by the acquisitioil of the Right-of-Way and Easements. PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Right-of-Way and Easements. PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed to exainine the independent appraisal reports as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Right- of-Way and Easements. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Right-of-Way and Easements. PART 5: Upon establishment and approval by the City Manager of the ainouilt of just compensation for the acquisition of the Right-of-Way and Easements, the City's Land Agent or other staff appraiser is authorized to communicate a written offcr to the property owners for the acquisition of such interest at the f~~ll amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. PART 6: That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Right-of- Way and Easements for the Project, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owiler fail to accept a boila fide, good faith offer from the City to purchase the required Right-of-way and Easements, City representatives shall have the authority to initiate and complete coildelnnation proceedings against said owner, in order to acquire through condemnation all required propel-ty interests and titlc regarding such property. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of A.D. 200-. ATTEST: APPROVED: City Secretasy MAYOR APPROVED: City Attorney EXHIBIT "A" to FtJBOLUTION DETERMINING NEED Victoria Avenue Extension Project Being a variable width right of way and associated easements needed for the improvements to Victoria Avenue between its terminus southeast of Banon Road and W. D. Fitch Parkway (State Highway 40), including extension of the road, installation of public utilities, access, and landscaping, said right of way and easements to be past of, upon, affecting andlor adjoining the following tracts of land: College Station ISD Being that certain 63.665 acre tract of land, more or less, located in the R. Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a poltion of the property conveyed to College Station ISD by Deed recorded in Volume 3604, Page 243, Official Records of Brazos County, Texas. Gary Seaback Being that cei-tain 95.661 acre tract of land, more or less, located in the Robest Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a portion of the property conveyed lo Gary Seaback by Deed recorded in Volume 2597, Page 186, Official Records of Brazos County, Texas. Greens Prairie Investors, LTD Bcing that certain 19.74 acre tract of land, more or less, located in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being the same tract conveyed to Greens Prairie Investors, LTD by Deed recorded in Volume 7366, Page 294, Official Records of Brazos County, Texas. EXHIBIT "A" to RESOLLTTION DETERMINING NEED Victoria Avenue Extension Project Being a variable width right of way and associated easements needed for the improvements to Victoria Avenue between its teiminus southeast of Bairon Road and W. D. Fitch Parkway (State Highway 40), including extension of the road, installation of public utilities, access, and landscaping, said right of way and easements to be pal? of, upon, affecting and/or adjoining the following tracts of land: College Station ISD Being that cei-tain 63.665 acre tract of land, more or less, located in the R. Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a portion of the property conveyed to College Station ISD by Deed recorded in Volume 3604, Pagc 243, Official Records of Brazos County, Texas. Gary Seaback Being that cei-tain 95.661 acre tract of land, more or less, located in the Robei-t Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, being a portion of the property conveyed to Gary Seaback by Deed recorded in Volume 2597, Page 186, Official Records of Brazos County, Texas. Greens Prairie Investors, LTD Being that certain 19.74 acre tract of land, more or less, located in the Robei-t Stevenson Survey, Abstract No. 54, College Station, Brazos County, 'Texas, being thc same tract conveyed to Greens Prairie Investors, LTD by Deed recorded in Volume 7366, Page 294, Official Records of Brazos County, Texas. J 4 1 ? m X Y 0 V) z P W 4 CoCS PREFERRED ALIGNMENT (MINIMUM RADII. MAXIMUM TANGENT LENGTH) NOTE PER BCS GUIDELINES. MINIMUM RADIUS FOR MAJOR COLLECTOR (SL = 40 MPH) IS 575' 0 175 350 700 1400 O= GEOTECHNICAL REPORT BORING - rY r. 0 r- r. / I; Bleyl & Associates 1722 BROIIOLIOW. STE 210 2251 N. LWP 3s W CPIROE. TEXAS 71104 (936) -1-7833 PHPIE (936) 760-Ml3 FAX DRAFT FOR INTERIM REVIEW ONLY HIS SET Of PUNS WAS IREPBRED UNOER ME OlRECTlON F OAW L. BESLY. P.E. SEN '.. 81873 ON 10/28/2009. :HIS DOCUMENT 15 RELEASE0 FOi THE PURWSE OF INTERIM RMM NLY bND NOT TO BE USED FOR ONSTRUCTION. ALIGNMENT ALTERNATE COCS VICTORIA AVENUE EXT COCS PROJECT (ST-0903) CITY OF COLLEGE STATION BRAZOS COUNTY TEXAS January 28, 2010 Regular Agenda Item No. 5 Horse Haven Estates, Phase 5 - Easement Abandonment To : Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning 4 utility easements in Horse Haven Estates, Phase 5. Recommendation(s): Staff recommends approval of the ordinance. Summary: The easements proposed to be abandoned are: 1. A 0.022 acre portion of a ten (10) foot wide Public Utility Easement, which is located on Lot 1 of Block 1 of the Horse Haven Estates, Phase 5 Subdivision according to the plat recorded in Volume 9409, Page 183, of the Deed Records of Brazos County, Texas. 2. A 0.011 acre portion of a ten (10) foot wide Public Utility Easement, which is located on Lot 2 of Block 1 of the Horse Haven Estates, Phase 5 Subdivision according to the plat recorded in Volume 9409, Page 183, of the Deed Records of Brazos County, Texas. 3. A 0.067 acre, twenty (20) foot wide Electric and Telephone Easement, which is located on the Morgan Rector League, Abstract No. 46, and on Lot 1 of Block 2 of the Horse Haven Estates, Phase 5 Subdivision according to the plat recorded in Volume 9409, Page 183, of the Deed Records of Brazos County, Texas. 4. A 0.026 acre portion of a ten (10) foot wide Public Utility Easement, which is located on Lot 2 & 3 of Block 2 of the Horse Haven Estates, Phase 5 Subdivision according to the plat recorded in Volume 9409, Page 183, of the Deed Records of Brazos County, Texas. The property encroached by the subject easements has recently been subdivided into single family lots. The landowners wish to abandon these easements at this time in order to create a larger buildable area on each lot. There is currently no infrastructure in the easements to be abandoned. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map 2. Easement Abandonment Location 3. Ordinances and Exhibits 4. Application for Abandonment (on file in the City Engineer's office) -- 1 inch = 700 feet ORDIIVAIVCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.022 ACRE PORTION OF A TEN (10) FOOT WIDE PlJBLIC UTILITY EASEMENT, WHICH IS LOCATED ON LOT 1 OF BLOCK 1 OF THE HORSE HAVEN ESTATES, PHASE 5 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 9409, PAGE 183, OF TI-IE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.022 acre portion of a ten (10) foot wide Public Utility Easement, which is located on Lot 1 of Block 1 of the Horse I-Iaven Estates, Phase 5 Subdivision according to the plat recorded in Volume 9409, Page 183, of the Deed Records of Brazos County, Texas. As described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement"); and WHEREAS, in order for the 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 COlJNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1 : That after opcning and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the 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 Easement. 3. There is no anticipated future public need or use for the Easement. 4. Abandonment of the Easement will not impact access for all public utilities to serve current and filture customers. PART 2: That the Easenlerlt as described in Exhibit "A" bc abandoned and vacated by the City. Page 2 ORDINANCE NO. PASSED, ADOPTED and APPROVED this day 01 ,2010. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney METES AND BOUNDS DESCRIPTION OF A 0.022 ACRE TRACT ONE PUBLIC UTILITY EASEMENT FOR FWLEASE LOT 1, DLOCIC ONE HORSE HAVEN ESTATES, PHASE FIVE COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.022 acse tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos Com~ty, Texas and being a portion of Lot 1, Block One, I-Iorse Haven Estates, Phase Five as depicted by plat recol-ded in VOLUME 9409 PAGE 1 83 of the Official Records of Brazos County, Texas; said 0.022 acre tract being morc particularly described by metes and bounds as follows: COMMENCING: at a plastic capped !4" iron rod (stamped Taggai-t, RPLS # 5676) found for the southerly common corner of said Lot 1 and Lot 12, Block Three, Horse Haven Estates, Phase Thee as depicted by plat recorded in VOLUME 7901 PAGE 165; THENCE: N 46" 09' 58" E - 0.26 feet along the southerly line of said Lot 1 to a ppint for the southwest comer of this tract and the PLACE OF BEGINNING; THENCE: N 12" 30' 41" W - 105.39 feet across the said Lot 1 and with the westerly line of a 10 foot wide public utility easement as shown on the plat of said Horse Haven Estates, Phase 3 to a point for the northwest corner of this eascrnent and being in the southwest line of Lot 2; r u, THENCE: S 44' 27' 05" E - 18.90 feet wit11 the sird zouthwest lot line to a plastic capped 1/2" isoil rod (stamped Taggal-t, RPLS # 5676) found for the noitheast coiner of this tract; THENCE: S 12" 30' 41" E - 83.27 feet across said T ,ot 1 k?th the easterly margin of the said 10 foot public utility easenlent to a plastic capped !4" iron rod (stamped Taggart, RPLS # 5676) found for the sou~l~easte~ly colbner of this tract, and lying in the southeast line of said Lot; Page 1 of 2 THENCE: S 46" 09' 58" W - 11 -71 feet with the southerly line of said Lot 1 to the PLACE OF BEGINNING and containing 0.022 acres of land. Refer to exhibit drawing issued siinultaneously this date. BASIS OF BEARING: Plat of Horse Haven Estates, Phase Three as recorded in VOLUME 7901 PAGE 165 of the Official Records of Brazos County, Texas. December, 2009 Adams, Taggart and Associates College Station, Texas Prepared by: Page 2 of 2 ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.01 1 ACRE PORTION OF A TEN (10) FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH IS LOCATED ON LOT 2 OF BLOCK 1 OF THE HORSE HAVEN ESTATES, PHASE 5 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUNIE 9409, PAGE 183, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of A 0.01 1 acre portion of a ten (10) foot wide Public Utility Easement, which is located on Lot 2 of Block 1 of the Horse Haven Estates, Phase 5 Subdivision according to the plat recorded in Voluine 9409, Page 183, of the Deed Records of Brazos County, Texas. As described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement"); and WHEREAS, in order for the 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 Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all puiposes. I. Abaildonment of the 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 Easement. 3. There is no anticipated filture public need or use for the Easement. 4. Abandonment of the Easement will not impact access for all public utilities to serve cunent and future customers. PART 2: That the Easeillent as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. Page 2 PASSED, ADOPTED and APPROVED this day of ,2010. APPROVED: Mayor ATTEST: City Secretary APPROVED: METES ANT) BOUNDS DESCFUPTION OF A 0.01 1 ACRE TRACT THREE PUBLIC UTILITY EASEMENT FOR WLEASE LOT 2, BLOCK ONE HORSE HAVEN ESTATES, PHASE FIVE COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certaiil0.011 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion of Lot 2, Block One, Horse Haven Estates, Phase Five as depicted by plat recorded in VOLUME 9409 PAGE 183 of the Official Records of Brazos County, Texas; said 0.01 1 acre tract being more particularly described by metes and bounds as follows: COMMENCING: at a plastic capped %" iron rod (stamped Taggai-t, RPLS # 5676) found for the southe~ly common comer of said Lot 1 and Lot 12, Bloclc Three, Horse Haven Estates, Phase Three as depicted by plat recorded in VOLTJME 7901 PAGE 165; THENCE: N 46" 09' 58" E - 0.26 feet along the southerly line of said Lot 1 to a point for comer; THENCE: N 12" 30' 41" W - 105.39 feet across the said Lot 1 and with the westerly line of a 10 foot wide public utility easement as shown on thc plat of said Horse Haven Estates, Phase 3 to a point for the soutl~west comer of this easement and being in the southwest line of Lot 2, and being the PLACE OF BEGINNING; THENCE: N 12' 30' 4 1" W - 35.68 feet across said Lot 2 to a point for corner; THENCE: N 41" 16' 30" E - 12.39 feet across said lot to a point for comer; THENCE: S 12" 30' 41" E - 59.04 feet across said Lot 2 with the easterly margin ofthe said 10 foot public utility easement to a plastic capped !h" iron rod (stampcd Taggart, RPLS # 5676) found for the southeastesly corner of this tract, and lying in the southeast line of said Lot 2; Page 1 of 2 THENCE: N 44" 27' 05" W - 18.90 feel with the said southwest lot line to the PLACE OF BEGINNING and containing 0.01 I acres of land Refer to exhibit drawing issued simultaneously this date. BASIS OF BEARING: Plat of Horse Haven Estates, Phase Three as recorded in VOLUME 7901 PAGE 165 of the Official Records of Brazos County, Texas. December, 2009 Adams, Taggarl and Associates College Station, Texas Prepared Page 2 of 2 by: ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.067 ACRE, TWENTY (20) FOOT WIDE ELECTRIC AND TELEPHONE EASEMENT, WHICH IS LOCATED ON THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, AND ON LOT 1 OF BLOCK 2 OF THE HORSE HAVEN ESTATES, PHASE 5 SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 9409, PAGE 183, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of A 0.067 acre, twenty (20) foot wide Electric and Telephone Easement, which is located on the Morgan Rector League, Abstract No. 46, and on Lot 1 of Bloclc 2 of the Horse Haven Estates, Phase 5 Subdivision according to the plat recorded in Volume 9409, Page 183, of the Deed Records of Brazos County, Texas. As described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement"); and WHEREAS, in order for the Easement to be vacated and abaildoiled by the City Council of the City of College Station, Texas, the City Council must inalce 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 Easement described in Exhibit "A" attached hereto and made a pait of this ordinance for all purposes. 1. - Abandonment of the Easenlent 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 Eascinent. 3. There is no anticipated f~~ture public need or use for the Easement. 4. Abandonment of the Easenlent will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. Page 2 PASSED, ADOPTED and APPROVED this - day of ,2010. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney METES AND BOUNDS DESCRIPTION OF A 0.067 ACRE TRACT POUR PUBLIC UTILITY EASEMENT FOR RELEASE LOT 1, BLOCK TWO HORSE HAVEN ESTATES, PHASE FIVE COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0,067 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No, 46, Collegc Station, Brazos County, Texas and being a portion of Lot 1, Block Two, Horse Haven Estates, Phase Five as depicted by plat recorded in VOLUME 9409 PAGE 183 of the Official Records of Brazos County, Texas; said 0.067 acre tract being more palbticularly described by metes and bounds as follows: COMMENCING: at a plastic capped %" iron rod (stamped Taggart, RPLS # 5676) found in the easterly right-of-way line of Horsebaclc Drive, said point also being the south corner of a 0.009 acre tract conveyed fsoin Oal<wood Custom Homes Group, LTD to C. Carl Icolbe by deed and recorded in VOLUME 68 19 PAGE 246 of the said Official Records; said point being in a curve concave in an easterly direction; THENCE: S 10" 16' 19" E - 8.89 feet to a point for corner and being the PLACE OF BEGINNING; THENCE: S 79' 07' 57" E - 156.23 feet across said Lot I, and its prolongation across the 23.75 acre tract conveyed to C. Carl Icolbe as described by deed recorded in VOLUME 321 3 PAGE 335, with the northeast line of a 20' wide prescriptive utility . . . . . . . .easement to apoint for comer; THENCE: S 10' 52' 03" W -20.00 feet across said 23.75 acre tract with the line of said easement; THENCE: N 79" 07' 57" W - 128.15 feet across said 23.75 acre tl-act and said Lot 1 to a point for corner; 'YHENCE: N 5 1" 36' 12" W - 19.19 feet across said Lot I to a point for corner, and being the beginning of a curve to the right; Page 1 of 2 00075 1-f.O7(3981) 12/21/2009 2:58 PM THENCE: 15.88 feet along the arc of said curve (curve data: central angle = 30" 20' Ol", radius = 30.00 feet, tangent = 8.13 feet, the chord bears N 33" 58' 21" W - 15.70 feet) to the PLACE OF BEGINNING and containing 0.067 acres of land. Refer to exhibit drawing issued simultaileously this date. BASIS OF BEARING: Plat of Horse Haven Eslates, Phase 3 as recorded in VOLUME 7901 PAGE 165 of the Official Records of Rrazos County, Texas. December, 2009 Adams, Taggast and Associates College Station, Texas Page 2 of 2 ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.026 ACRE PORTION OF A TEN (10) FOOT WIDE PUBLIC UTILITY EASEMENT, WHICH IS LOCATED ON LOT 2 & 3 OF BLOCK 2 OF THE HORSE HAVEN ESTATES, PHASE 5 SLTBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 9409, PAGE 183, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of A 0.026 acre portion of a ten (10) foot wide Public Utility Easement, which is located on Lot 2 & 3 of Block 2 of the I-Iorse Haven Estates, Phase 5 Subdivision according to the plat recorded in Volume 9409, Page 183, of the Deed Records of Brazos County, Texas. As described in Exhibit "A" attached hereto (such portion hereinafter referred to as the "Easement"); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council inust lnalte 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 abandoiliilg of the Easement described in Exhibit "A" attached hereto and inade a pal? of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that docs not have access to public roadways or utilities. 2. There is no public need or use for the Easement. 3. There is no anticipated future public need or use for the Easemeilt. 4. Abandonment of the Easement will not impact access for all public utilities to serve current and fbtuse customers. PART 2: That the Easement as described in Exhibit "A" be abandoned and vacated by the City. ORDINANCE NO. Page 2 PASSED, ADOPTED and APPROVED this day of ,2010. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney METES AND BOUNDS DESCRIPTION OF A 0.026 ACW TRACT TWO PUBLIC UTILITY EASEMENT FOR RELEASE LO'I'S 2 c% 3, I3LoCIc rl%"\l 1 IOliSE I I /\\'l:R K.;i';\'l'l:..;, p1.1 .\,X Fl.\lE COLLEGE STA'I'ION, BIUZOS COUNTY, TEXAS Metes ancl bounds description of all that certain 0.026 acre Lract or parceI of land, lying and being situatecl in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas uld being a portion of Lots 2 & 3, Block Two, Horse Haven Estates, Phase Five as depicted by plat recorded in VOL,UME 9409 PAGE 183 of the Official Records of Rrazos County, Texas; said 0.026 acre tract being more ~~arlic~~larly descl-ibecl by nletes nncl bouncls as follows: COMMENCING: at an orange colored plastic capped %" iron rod (stamped Taggai-t, RPLS # 5676) Ib~~nd for the soutllwest corner of saicl Lot 2 and being in the easterly right-of-way line of Horseback Drive, based on 50 feet of right-of-way and depicted by plat of Horse Haveil Estates, Phase Thee and recorded in VOLUME 7901 PAGE 165 of the said Official Records; said point being in a curve coilcave in an easterly direction; THENCE: S 88" 02' 08" E- 14.68 feet with the soutliwest line of said Lot 2 to a point i11 ~l~e r~ol~~hwestei~ly line of a 10 foot wide public ~~tility easelilent as clepjcted by the plat of said Horse I-Iaven Estates, Phase 3 for the so~~thwest comer of this tract and the PLACE OP BEGINNING; THENCE. N 50" 38' 06" E - 121.86 feet along the noi-tl~westerly line of the said public utility easeillent and across said Lots 2 & 3 to a point inside said Lot 3 for the no~-tl~westerly corner of this tract; THENCE: S 00" 22' 42" E - 12.87 feet across said Lot 3 to an orangc colored plastic ca~ppccl %" iron lod (stamped Taggal-t, IU'LS # 5676) found I'or iu~ inlariol. angle poi111 in the southeasterly line of said Lot 3; THENCE: S 50" 38' 06" W - 102.39 feet along the southeasterly line of the saitl public utility easeme~lt ancl across saicl Lots 3 & 2 to a point in the southwest line of said Lot 2 for the southcast corner of this tract; Page 1 of 2 THXNCE: N 88O 02' 08" W - 15.14 feet across the said public utility easement with said Lot line to the PLACE OF BEGINNING and containing 0.026 acres of land. Refer to exhibit drawing issued siinultancously this date. BASIS OF BEARING: Plat of Horse Haven Estates, Phase 3 as recorded in VOLUME 7901 PAGE 165 of the Official Records of Brazos County, Texas. Revised December, 2009 Adams, Taggai-t and Associates College station, Texas Page 2 of 2 January 28, 2010 Regular Agenda Item No. 6 Meadowland Street - Right-of-way Abandonment To : Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Public hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.85 Acre portion of IYeadowland Street Right-of- Way, which is located more or less along Lots 1 through 19 of the Meadowland Addition, and Lots 4 through 10, Block 2 of the North Park Subdivision according to the plats recorded in Volume 94, Page 278, and in Volume 465, Page 37 of the Deed Records of Brazos County, Texas. Recommendation(s): Staff recommends approval of the ordinance. Summary: This Right-of-way Abandonment as written proposes vacate and abandon the subject portion of Meadowland Street Right-of-way while retaining a Public Utility Easement and Public Access Easement on the entirity of the area requested to be abandoned. Retaining the easements as noted will continue sufficient public and private utilities coverage, and continue access to existing platted lots for the public, emergency access, and sanitary purposes. Budget & Financial Summary: N/A Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - Location Map 3. Attachment 3 - Ordinance 4. Attachment 4 - Ordinance Exhibit "A" 5. Attachment 5 - Application for Abandonment (On file at the City Engineer's Office) -1 inch = 2,000 feet -1 ?c? = 150 feet ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A PORTION OF RIGHT OF WAY OF MEADOWLAND STREET LOCATED nu THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the Meadowland Street variable width right-of-way, located more or less along Lots 1 through 19 of the Meadowland Addition & Lots 4 through 10, Block 2 of the North Park Subdivision, according to the Plats recorded in Volume 94, Page 278, and in Volume 465, Page 37, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portions collectively hereinafter referred to as the "Right-of-way"); and WHEREAS, in order for the Right-of-way 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 Right-of-way in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. The abandonment of the Right-of-way will not result in property that does not have access to public roadways or utilities; 2. Other than as set forth herein, there is no public need or use for the Right-of- way; 3. Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-way; 4. As set forth in this ordinance, abandonment of the Right-of-way will not impact access for all public utilities to serve current and future customers; 5. Utility infrastructure exists within the Right-of-way and the City has a continuing need for currently existing public utilities to remain within the Right-of-way, and said uses are expressly not abandoned herein; and 6. The City has a continuing need for public access within the Right-of-way to platted lots, and for emergency access and sanitation purposes and such continuing needs are expressly not abandoned; and C:\Documents and Settings\tmcnutt\LocaI Sett~ngs\Temporary Internet Files\Content.IE5\C9Z9Y4W\Ordinance[l].docx 1/22/2010 2:45 PM ORDINANCE NO. Page 2 7. The Right-of-way is hereby abandoned as a public roadway and is no longer thrown open to the general public but is only for the public purposes recited herein and is in all other respects hereby abandoned. PART 2: That the Right-of-way known as Meadowland Street and as described in Exhibit "A" be abandoned and vacated by the City for roadway purposes; provided, however, that the City shall retain a public utility easement and public access easement on the area to be abandoned as set forth above, and the City does not abandon such uses. PASSED, ADOPTED and APPROVED this day of ,2010. APPROVED: Ben White, Mayor ATTEST: CONNIE HOOKS, City Secretary C:\Docurnents and Settings\tmcnutt\Local Settings\Temporary Internet Files\Content.IE5\C9Z9Y4YY\Ordinance[l].docx 1/22/2010 2:45 PM MEADOWLAND STREET METES AND BOUNDS DESCRIF'TION OF A 0.85 ACRE TRACT J. E. SCOTT LEAGUE, A-50 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED M THE J. E. SCOTT LEAGUE, ABSTRACT NO. 50, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE EXISTING RIGHT-OF-WAY OF MEADOWLAND STREET (30 FOOT TO 40 FOOT WIDE RIGHT-OF-WAY) ACCORDING TO A PLAT OF MEADOWLAND ADDITION RECORDED IN VOLUME 94, PAGE 278 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND A PLAT OF NORTH PARK RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BELNG MORE PARTICULAKLY DESCRLBED BY METES AND BOUNDS AS FOLLOWS: BEGlNNING AT A 518 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM 60) MARKING THE SOUTH CORNER OF A CALLED 4.65 ACRE TRACT AS DESCRLBED BY A DEED TO CHSC, LTD. RECORDED IN VOLUME 8917, PAGE 44 OF THE OFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID POINT BEING AT THE INTERSECTION OF THE NORTHEAST LINE OF MEADOWLAND STREET AND THE NORTHWEST LINE OF UNIVERSITY DRIVE; THENCE: S 4 1" 39' 1 I" W ALONG TIE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF 3 0.00 FEET TO A POINT MARKING THEEAST CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO 7-D INVESTMENTS RECORDED IN VOLUME 1601, PAGE 138 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 48" 22' 15" W ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FORA DISTANCE OF 103.65 FEET TO A % INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 7-D INVESTMENTS TRACT AND THE EAST CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO LEONARD M. ROSS REVOCABLE TRUST RECORDED IN VOLUME 7564, PAGE 208 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS SAID 7-D INVESTMENTS TRACT BEING A PORTION OF LOT 3, MEADOWLAND ADDITION, AND SAID ROSS TRACT BEING A PORTION OF LOTS 3 AND 5, MEADOWLAND ADDITION; THENCE: N 48" 19' 02" W ALONG THE NORTHEAST LINE OF SAID ROSS TRACT, SAME BEING THE SOUTHWEST LINE OF MEADOWLAND STREET, FOR A DISTANCE OF 71.35 FEET TO A "X" FOUND IN CONCRETE MARKING THE NORTH CORNER OF SAD ROSS TRACT AND AN DASTEKLY CORNER OF A CALLED TRACT OF LAND AS DESCRIBED BY A DEED TO ROSSCO I-IOLDINGS INC. RECORDED IN VOLUME 6173, PAGE 128 OF THE OFFICLAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAD ROSSCO TRACT BEING ALL OF LOTS 1,2 AND 4 AND A PORTION OF LOT 5, MEADOWLAND ADDITION; THENCE: N 48" 20' 49" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DlSTANCE OF 49.7 1 FEET TO AN "X" FOLrND M CONCRETE MARIUNG THE EAST CORNER OF LOT 6, MEADOWLAND ADDITION; THENCE: N 49" 15' 05" W CONTNlNG ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET, SAME BEING TIG NORTmAST LINE OF LOTS 6-19, MEADOWLAND ADDITION, FOR A DISTANCE OF 698.39 FEET TO A MAG NALL FOUND IN ASPHALT IviAFUClNG THE NORTH CORNER OF SAID LOT 19; THENCE: S 4 1" 27' 1 1 " W ALONG THE NORTHWEST LINE OF SAID LOT 19, SAME BEING A TRANSITION M THE RIGHT-OF-WAY OF MEADOWLAND STREET, FORA DISTANCE OF 10.41 FEET TO A %INCH IRON ROD FOUND MARKING THE EAST CORNER OF LOT 10, BLOCK 2, NORTH PARK (PLAT 465137); MEADOWLAND STREET THENCE: ALONG THE SOUTHWEST LINE OF MEADOWLANT) STREET, SAMEBETNG THE NORTHEAST LINE OF SAID BLOCK 2, NORTH PARK, FOR THE FOLLOWING CALLS: N 48" 51'05" W FORA DISTANCE OF46.95 FEETTOA %I NCHIRONRODFOUNDMARKING THE COMMON CORNER OF SALD LOT 10 AND LOT 9; N 49" 07' 37" W FOR A DISTANCE OF 11 5.80 FEET TO A POINT ON THE NORTHEAST LINE OF LOT 7, BLOCK 2; THENCE: N 40" 52' 23" E THROUGH THE RIGHT-OF-WAY OF MEADOWLAND STREET FOR A DISTANCE OF 20.16 FEET TO A POINT; THENCE: N 49" 10' 43" W CONTINUING THROUGH TJE RIGI-IT-OF-WAY OF MEADOWLAND STREET FOR A DISTANCE OF 199.93 FEET TO A POINT; THENCE: N 40" 57' 30" E CONTINUING THROUGH THE RIGHT-OF-WAY OFMEADOWLAND STREETFOR A DISTANCE OF 20.00 FEET TO A % MCH IRON ROD FOUND MARKING THE WEST CORNER OF TEXIAN INN ADDITION, ACCORDTNG TO THE PLAT RECORDED IN VOLUME 726, PAGE 201 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, THENCE: S 49" 13' 29" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FOR A DISTSANCE OF 199.91 FEET TO A % INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF TEXIAN INN ADDITION AND THE WEST CORNER OF LOT 5, NORTH PARK, SECTION 11, ACCORDING TO THE PLAT RECORDED TN VO1,UME 494, PAGE 543 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 49" 05' T 8" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET, SAME BEING THE SOUTHWEST LINE OF NORTH PARK, SECTION 11, FOR A DISTANCE OF 255.29 FEET TO A 518 INCH IRON ROD FOUND MARKING THE WEST CORNER OF LOT 2, LODGECO SUBDIVISION, ACCORDING TO THE PLATRECORDED IN VOLUME 1996, PAGE 33 1 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 49" 0 1' 23 " E CONTINUING ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FOR A DISTANCE OF 300.19 FEET TO A 518 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF A CALLED 1.855 ACRE TRACT AS DESCRIBED BY A DEED TO EQI COLLEGE STATION PARTNERSHIP, LP RECOEEE 1T.! VOLUME 70 19, PAGE 141 09 THE OFFICIAL PUELIC RECOPBS OF BRAZOS COUNTY, TEXAS, AND THE WEST CORNER OF THE AFOREMENTIONED 4.65 ACRE TRACT; THENCE: S 49" 01' 23" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET, SAME BEING THE SOUTHWEST LINE OF SAID 4.65 ACRE TRACT, FOR A DISTANCE OF 530.85 FEET TO THE POTNT OF BEGINNING CONTATNMG 0.85 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JANUARY, 2009. SEE PLAT PREPARED MARCH 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREM IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGlSTEKED PI<OFESSIONA LAND SURVEYOR No. 4502 LWMAB1MEADOWLAN D.MAB REVISED 05-1 8-09 EQI COLLEGE STATION PARTNERSHIP. W 1.855 ACRE TRACT 7619/141 4.65 ACRE TRACT SCALE: 1" = 60' BEARING SISIEM SHOWN HEREON IS BASE0 ON CRIO noRm AS EST~USHEO FROM ws OBSEWATION. LOTS 1. 2. 4 AND PORTION LOT 5 MEAOOWMND ADDITION SEE LIETES AN0 BOUNDS PREPARE0 FEBRUARY 2009 FOR MORE OESCRIPTIM INFORMTION. RRiISEO 05-18-09 HEf3 2 OF 2 RIGHT-OF-WAY JOB NUMBER: 08-847 January 28, 2010 Regular Agenda Item No. 7 Electric Rate Ordinance To : Glenn Brown, City Manager From: David Massey, Director of Electric Utilities Agenda Caption: Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, "Utilities" Section 4, "Electric Service" of the Code of Ordinances of the City of College Station, Texas having the effect of lowering rates for residential wind energy customers and adding a wind energy option for commercial electric customers. Recommendation(s): Staff recommends approval of the ordinance. Summary: The attached ordinance authorizes the implementation of a rate decrease to residential wind energy customers and adding wind energy options to commercial customers. Budget & Financial Summary: There will be no budgetary impact. Attachments: 1. Electric Rate Ordinance ORDNANCE NO. AN ORDINANCE AMENDING CHAPTER 11, '"UTILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A WIND ENERGY ELECTRICITY RATE TO VARIOUS CUSTOMERS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDTNG AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, "Utilities" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in fill1 force and effect. PART 3: This amei~dmeilt is effective February 1,201 0. PASSED, ADOPTED and APPROVED this day of 2010. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney ORDINANCE NO. Page 2 EXHIBIT "A" That Chapter 11, "Utilities", Section 4, "Electriczll Service", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending Subsections A(2) through A(7) to read as follows: A. ELECTRIC SCHEDLILE OF RATES The monthly rates to be charged customers for public utility services, namely electrical service, shall be in accordance with the schedules as follows: "(2) Electric Rate - Schedule R (Residential Customers) (a) Applicable to residential customers for all domestic Isage where all energy is taken through a single meter. Service will be furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. (b) Character of Service - A.C., 60 cycles per second, single phase, 1201240 volts. (c) Rate: Service Charge:$7.00 per month, plus Energy Charge: $0.1 114 per kwh for all kwh, except $0.1070 per kwh for all kwh in the billing months of November through April. (d) Residential units where served under one (1) master meter shall be billed under Rate Schedule R-I. (e) Transmission Delivery Adjustment - The monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a transmission delivery adjustment calculated in accordance with Schedule TDA provided however that the adjustment shall never be less than zero (0). (f) Automatic-Leave-On-Service - Customers who qualify for automatic- leave-on service will be billed at the above rate except the monthly service charge will be deleted. Customers will be required to contract with the City for this service provision. (g) Electric Rider: Wind Watts Wind Energy Rider (I) Availability. This optional service shall be available to all Residential (excluding Master Metered) customers who select wind generated energy as a source of electricity under the City's Wind Watts Program, in lieu of electricity provided from traditional generation. Wind Watt's energy is available to customers on a first-come, first-serve basis subject to available supply. (11) Application. Eligible customers may select service under this rider at three levels of participation: ORDINANCE NO. Page 3 a. 10% of monthly energy requirements b. 50% of monthly energy requirements c. 100% of monthly energy requirements (1II)Rate. Same rate as for Residential customers plus the monthly Wind Watts charge for the appropriate participation level: a. 10%: $0.0015lkWh b. 50%: $O.OOGD/kWh c. 100%: $0.0100/kWh (3) Electric Rate - Schedule R-I (Master Metered Residential Units) (a) Applicable to Residential units for all domestic usage where all energy is taken through one (1) master meter. Service will be furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. (b) Character of Service - A.C., 60 cycles per second, single-phase, I201240 volts; three phase 1201240, 1201208, 2401480, 2271480, 240014160, 7200112,470 volts as available at point of service. Three-phase customers served via under-ground primary to pad-mounted transformers will be furnished only I201208 or 2771480 volt service. (c) Rate - The monthly rate charge for service under this schedule shall be determined as follows: The average kilowatt-hour usage per month per residential unit shall be determined by dividing the total monthly kilowatt-hours purchased as determined by the City's master meter, by eighty-five percent (85%) of the total number of permanently constructed residential units. The individual energy charge per residential unit shall thence be computed on the basis of the average kilowatt-hour usage per month per residential unit figured at the following rate: Energy Charge: $0.1 114 per kwh for all kwh, except $0.1 070 per kwh for all kwh in the billing months of November through April. The total monthly bill shall thence be determined by multiplying the energy charge per residential unit computed under the above rate by eighty-five percent (85%) of the number of permanently constructed residential units, and thence adding the following service charge: Service Charge:$100.00 per month per master meter (d) Transmission Delivery Adjustment - The monthly charge under this rate schedule shall be increased or decreased as necessary to reflect the application of a transmission delivery adjustment calculated in accordance with Schedule TDA provided however that the adjustment shall never be less than zero (0). (e) Submetering - Where electric service is submetered, the wors "residential unit" in the above rate and minimum bill clauses shall be replaced with the word "submeter". ORDTNANCE NO. Page 4 The customer operating the submetering system shall provide electric service to his tenants and render bills therefore in strict accordance with the electric submetering rules and regulations as established by the Public Utility Commission of Texas in Substantive Rule No. 25.142, a copy of which is on file in the office of the City Secretary and on the Internet at: www. puc.state.us.txlruleslsubruleslelectricl25.142125.142.doc. All records and reports provided for in these rules and regulations, other than those specified below, shall be made available to the City upon request. The customer shall not impose any additional charges on his tenants over and above those charges that are billed by the City. For verification purposes, the customer shall, within five days (5) after his tenant's bills are rendered each month, file a written report with the City showing a reconciliation of his billing to his tenants plus the billing for owner used energy with the charges that are billed by the City. This report shall provide as a minimum the following information: A calculation of the average cost per kilowatt-hour for the current month. A listing of all submeter readings and billings, including kilowatt-hour usage metered and total rate charge, for the current month. (f) Electric Rider: Wind Watts Wind Energy Rider (I) Availability. This optional service shall be available to all Commercial customers who select wind generated energy as a source of electricity under the City's Wind Watts Program, in lieu of electricity provided from traditional generation. Wind Watt's energy is available to customers on a first-come, first-serve basis subject to available supply. (11) Application. Eligible customers may select service under this rider at three levels of participation: a. 10% of monthly energy requirements b. 50% of monthly energy requirements c. 100% of monthly energy requirements (111) Rate. Same rate as for IMaster lbletered Residential customers plus the monthly Wind Watts charge for the appropriate participation level: a. 10%: $0.00151kWh b. 50%: $0.00601kWh c. 100%: $0.01001kWh (4) Electric Rate-Schedule SC (Small Commercial Customers) (a) Applicable to non-residential customers billed through a single meter whose monthly kilowatt demand does not exceed 15 kW. Service will be furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. (b) Character of Service - A.C., 60 cycles per second, single-phase, 1201240 volts; three phase 1201240, 1201208, 2401480, 2771480 volts as available ORDINANCE NO. Page 5 at point of service. Three-phase customers served via under-ground primary to pad-mounted transformers will be furnished only 1201208 or 2771480 volt service. (c) Rate: Service Charge: $9.00 per month, plus Energy Charge: $0.1281 per kwh for the first 1000 kwh; $0.0979 per kwh for all kwh over 1000. (d) Billing Demand - Demand meters may be installed on all such customers if (1) the installed load would indicate that demands over 15 kW would be experienced; or (2) if the monthly energy usage exceeds 5,250 kwh. A customer on this schedule whose metered demand exceeds 15 kW for any billing period shall be billed under Schedule LP-1 for the next twelve- month period beginning with the current month. (e) Transmission Delivery Adjustment - The monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a transmission delivery adjustment calculated in accordance with Schedule TDA provided however that the adjustment shall never be less than zero (0). (f) Electric Rider: Wind Watts Wind Energy Rider (1V)Availability. This optional service shall be available to all Commercial customers who select wind generated energy as a source of electricity under the City's Wind Watts Program, in lieu of electricity provided from traditional generation. Wind Watt's energy is available to customers on a first-come, first-serve basis subject to available supply. (V) Application. Eligible customers may select service under this rider at three levels of participation: , a. 10% of monthly energy requirements b. 50% of monthly energy requirements c. 100% of monthly energy requirements (V1)Rate. Same rate as for Small Commercial customers plus the monthly Wind Watts charge for the appropriate participation level: a. 10%: $0.00151kWh b. 50%: $0.00601kWh c. 100%: $0.01 001kWh (5) Electric Rate-Schedule LP-1 (Medium Commercial Customers) (a) Applicable to all commercial or industrial customers where service is taken through one meter at one point of delivery and where the monthly kilowatt demand is between 15 kW and 300 kW. Before service is furnished hereunder, an individual service agreement contract between the Customer and the City may be required outlining all details of the service to be supplied, the terms of the contract, and the obligations of each party. (b) Character of Service - A.C., 60 cycles per second, single-phase, 1201240 volts; three phase 1201240, 1201208, 2401480, 2771480 volts as available at point of service. Three-phase customers served via under-ground ORDINANCE NO. Page 6 primary to pad-mounted transformers will be furnished only 1201208 or 2771480 volt service. (c) Rate: Service Charge:$25.00 per month, plus Demand Charge: $10.40 per kW of monthly billins demand. - plus Energy Charge: $0.0694 per kwh for all kwh (d) Minimum Monthly Charge - The minimum monthly charge under this rate schedule shall be the highest one of the following charges: (i) $181.00 per month plus applicable transmission delivery adjustment on the kilowatt-hours used. (ii) The sum of service, demand and energy charges under the above rate plus applicable transmission delivery adjustment on the kilowatt-hours used. (iii) The minimum monthly charge specified in customer's service contract with the City plus applicable transmission delivery adjustment on the kilowatt-hours. used. (e) Billing Demand -The billing demand shall be in the maximum 15 minute measured kilowatt demand in the billing period, but not less than 50% of the peak demand measured in the twelve month period ending with the current month. Unless otherwise specified in a firm electric service contract agreement, if at any time a customer billed under this schedule continues for a period of twelve consecutive months without a metered demand in excess of 15 kW, Schedule SC shall apply beginning with the first month succeeding such twelve month period. Likewise, a customer on this schedule whose metered demand exceeds 300 kW for any billing period shall be billed under Schedule LP-2 for the next twelve-month period beginning with the current month. (f) Power Factor - Should the power factor be lower than 0.90 lagging, the City may ad'ust the measured demand by multiplying by the ratio of 0.90 to the actua 1 power factor. (g) Primary Service - Where service is taken by the customer at the City's available primary voltage and where the customer owns, operates, and maintains all service facilities except metering equipment, required to take service at such voltage, a credit of 2% of the base rate charges will be allowed. IMetering may be primary or secondary (corrected for the transformer losses) at the City's option. (h) Transmission Delivery Adjustment - The monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a transmission delivery adjustment calculated in accordance with Schedule TDA provided however that the adjustment shall never be less than zero (0). (i) Electric Off Peak Rider This rider is used in lieu of demand fees when the off-peak demand exceeds the on-peak demand. ORDINANCE NO. Page 7 (I) This off-peak rider shall apply in computing the customer's monthly electric bill. Under this rider, the demand for billing purposes shall be adjusted to be as follows: Off-peak Rider = [X + Y) 2 Where: X = the peak demand measured during the on-peak period Y = the peak demand measured during the off-peak period (11) However, in no case shall the billing demand in any month be less than 50% of the peak demand measured in the twelve-month period ending with the current month. The periods for application of this rider are defined as follows: On-Peak Period - 6:00 AM throush 11 :00 PM on Mondav through Friday Off-Peak Period - 11 :00 PM through 6:00 AM on Monday through Friday and 11 :00 PM on Friday through 6:00 AM on Monday (j)Electric Rider: Wind Watts Wind Energy Rider (I) Availability. This optional service shall be available to all Commercial customers who select wind generated energy as a source of electricity under the City's Wind Watts Program, in lieu of electricity provided from traditional generation. Wind Watt's energy is available to customers on a first-come, first-serve basis subject to available supply. (I) Application. Eligible customers may select service under this rider at three levels of participation: a. 10% of monthly energy requirements b. 50% of monthly energy requirements c. 100% of monthly energy requirements (11) Rate. Same rate as for Medium Commercial customers plus the monthly Wind Watts charge for the appropriate participation level: a. 10%: $0.00151kWh b. 50%: $0.00601kWh c. 100%: $0.01 001kWti (6) Electric Rate Schedule LP-2 (Large Commercial) (a) Applicable to all commercial or industrial customers where service is taken through one meter at one point of delivery and where the monthly kilowatt demand is from 300 kW to 1500 kW. Service will be furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. Before service is furnished hereunder, an individual service agreement contract between the customer and the City may be required outlining all details of the service to be supplied, the terms of the contract, and the obligations of each party. ORDINANCE NO. Page 8 Character of Service - A.C., 60 cycles per second, single-phase, 1201240 volts; three phase 1201240, 1201208, 2401480, 2771480 volts as available at point of service. Three-phase customers served via under-ground primary to pad-mounted transformers will be furnished only 1201208 or 2771480 volt service. Rate: Service Charge: $75.00 per month, plus Demand Charge: $10.40 per kW of monthly billing demand, plus Energy Charge: $0.0670 per kwh for all kwh Minimum Monthly Charge - The minimum monthly charge under this rate schedule shall be the highest one of the following charges: (I) $3,195.00 per month plus applicable transmission delivery adjustment on the kilowatt-hours used. (11) The sum of service, demand and energy charges under the above rate plus a plicable transmission delivery adjustment on the kilowatt- hours use 8 . (II1)The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. Billing Demand - The billing demand shall be in the maximum 15 minute measured kilowatt demand in thebilling period, but not less than 50% of the peak demand measured in the twelve month period ending with the current month. Unless otherwise specified in a firm electric service contract agreement, if at any time a customer, billed under this schedule continues for a period of twelve consecutive months without a metered demand in excess of 300 kW, Schedule LP-1 shall apply beginning with the first month succeeding such twelve month period. Power Factor - Should the power factor be lower than 0.90 lagging, the City may adjust the measured demand by multiplying by the ratio of 0.90 of the actual power factor. Primary Service - Where service is taken by the customer at the City's available primary voltage and where the customer owns, operates and maintains all service facilities, except metering equipment, required to take service at such voltage, a credit of 2% of the base rate charges will be allowed. Metering may be primary or secondary (corrected for the transformer losses) at the City's option. Transmission Delivery Adjustment - The monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a transmission delivery adjustment calculated in accordance with Schedule TDA provided however that the adjustment shall never be less than zero (0). Electric On-PeaklOff-Peak Rider (I) Upon the customer's request, this rider shall be made available to customers b~lled under the rate schedule LP-2, whose monthly demand is greater than 300 kW, and who can reduce their load during the City's On-Peak time between 500 p.1-n. and 8:00 p.m. ORDINANCE NO. Page 9 Under this rider, the demand for billing purposes shall be adjusted to be as follows: (11) Rate: The ap licable rate schedule demand charges shall be replaced by the Pollowing on-peakloff-peak rates: On-Peak Demand Charge: $6.65, plus Off-Peak Demand Charge: $3.75 However, in no case shall the off-peak billing demand in any month be less than 50% of the off-peak demand measured in the twelve-month period ending with the current month. The periods for application of this rider are defined as follows: On-Peak Period - 5:00 PM through 8:00 PM, daily. Off-Peak Period - 8:00 PM through 500 PM, daily. (j) Electric Rider: Wind Watts Wind Energy Rider (1) Availability. This optional service shall be available to all Commercial customers who select wind generated energy as a source of electricity under the City's Wind Watts Program, in lieu of electricity provided from traditional generation. Wind Watt's energy is available to customers on a first-come, first-serve basis subject to available supply. (I) Application. Eligible customers may select service under this rider at three levels of participation: a. 10% of monthly energy requirements b. 50% of monthly energy requirements c. 100% of monthly energy requirements (11) Rate. Same rate as for Large Commercial customers plus the monthly Wind Watts charge for the appropriate participation level: a. 10%: $0.0015/kWh b. 50%: $0.0060/kWh c. 100%: $0.0.1 001kWh (7) Electric Rate Schedule LP - 3 (Industrial) (a) Applicable to all industrial customers where service is taken through one meter at one point of delivery and where the monthly kilowatt demand is greater than 1500 kW. Service will be furnished subject to the established rules and regulations of the City covering this type of service. Before service is furnished hereunder, an individual service agreement contract between the customer and the City may be required outlining all details of the service to be supplied, the terms of the contract, and the obligations of each party. (b) Character of Service - A.C., 60 cycles per second, single-phase, 1201240 volts; three phase 1201240, 1201208, 2401480, 2771480, 2400141 60, 7200112,470 volts as available at point of service. Three-phase customers served via under-ground primary to pad-mounted transformers will be furnished only I201208 or 2771480 volt service. Page 10 ORDINANCE NO. (c) Rate: Service Charge: $250.00 per month, plus Demand Charge: $9.85 per kW of monthly billing demand, plus Energy Charge: $0.0650 per kwh for all kwh lblinimum Monthly Charge - The minimum monthly charge under this rate schedule shall be the highest of the following charges: (I) $15,034.85 per month plus applicable transmission delivery adjustment on the kilowatt-hours used. (11) The sum of service, demand and energy charges under the above rate plus applicable transmission delivery adjustment on the kilowatt- hours used. (1II)The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. Billing Demand - The billing demand shall be in the maximum 15 minute measured kilowatt demand in the billing period, but not less than 50% of the peak demand measured in the twelve-month period ending with the current month. Unless otherwise specified in a firm electric service contract agreement, if at any time a customer, billed under the schedule continues for a period of twelve consecutive months without a metered demand in excess of 1500 kW, Schedule LP-2 shall apply beginning with the first month succeeding such twelve month period. Power Factor - Should the power factor be lower than 0.90 lagging, the City may adjust the measured demand by multiplying by the ratio of 0.90 of the actual power factor. Primary Service - Where service is taken by the customer at the City's available primary voltage and where the customer owns, operates and maintains all service facilities, except metering equipment, required to take service at such voltage, a credit of 2% of the base rate charges will be allowed. Metering may be primary or secondary (corrected for the transformer losses) at the City's option. Transmission Delivery Adjustment - The monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a transmission delivery adjustment calculated in accordance with Schedule TDA provided however that the adjustment shall never be less than zero (0). Electric On-PeakIOff-Peak Rider (I) Upon the customer's request, this rider shall be made available to customers billed under the rate schedule LP-3, whose monthly demand is 300 kW or greater, and who can reduce their load during the City's On-Peak time between 500 p.m. and 8:00 p.m. Under this rider, the demand for billing purposes shall be adjusted to be as follows: (11) Rate: The applicable rate schedule demand charges shall be replaced by the following on-peakloff-peak rates: On-Peak Demand Charge: $6.30, plus Off-Peak Demand Charge: $3.55 ORDINANCE NO. Page 11 However, in no case shall the billing demand in any month be less than 50% of the peak demand measured in the twelve- month period ending with the current month. The periods for application of this rider are defined as follows: On-Peak Period - 5:00 PM through 8:00 PM, daily. Off-Peak Period - 8:00 PlVl through 5:00 PM, daily. (j) Electric Rider: Wind Watts Wind Energy Rider (I) Availability. This optional service shall be available to all Industrial customers who select wind generated energy as a source of electricity under the City's Wind Watts Program, in lieu of electricity provided from traditional generation. Wind Watt's energy is available to customers on a first-come, first-serve basis subject to available supply. (11) Application. Eligible customers may select service under this rider at three levels of participation: a. 10% of monthly energy requirements b. 50% of monthly energy requirements c. 100% of monthly energy requirements . (II1)Rate. Same rate as for Industrial customers plus the monthly Wind Watts charge for the appropriate participation level: a. 10%: $0.001 5/kWh b. 50%: $0.0060/kWh c. 100%: $0.0100/kWh (8) Electric Rate-Schedule SL (Security Lights) (a) Applicable to all security lights installed and maintained by the City for customers at their request. The customer will be required to contract for security light service for a minimum period of three (3) years. Service will be furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. (b) Additional construction costs for installing security lights: The standard security light monthly fee includes installation of the security light on existing city-owned utility poles. The total cost for any additional poles, cables or other equipment as calculated by the Electrical Division must be paid in full by the customer prior to the installation of the security light. (c) Rates per month per light: i) I00 Watt $1 1 .OO i i) 200 Watt $16.00 iii) 400Watt $33.00 January 28, 2010 Regular Agenda Item No. 8 Nomination of Fire Chief to 911 Board of Directors To: Glenn Brown, City Manager From: Hayden Migl, Assistant to the City Manager Agenda Caption: Presentation, possible action, and discussion regarding a nomination to the Board of Managers of the Brazos County Emergency Communications District. Recommendation(s): Staff recommends nominating Fire Chief R.B. Alley to serve an additional two year term on the Board of Managers for the Brazos County Emergency Communications District. Summary: Emergency Communications districts were mandated by state law which also authorized establishing fees to support communications infrastructure. The Brazos County district was established in 1988. The members of the Board of Managers of the Brazos County Emergency Communications District are made up of five voting members. Membership of the board is allocated to the various entities within the county as follows: Brazos County appoints two members, the cities appoint two members jointly and one member is appointed by the volunteer fire departments. Verizon appoints a non-voting member as the principal telephone service supplier. Chief Alley has served on this Board for the past two years. Because the method of selecting the Board of Managers is in conjunction with the other cities in the County, these nominations will be circulated by the Executive Director of the Brazos County Emergency Communications District, in ballot form, to the other entities in the County for their concurrence during a specified time period. Budget & Financial Summary: There are no direct costs to the City of College Station; however, citizens in College Station help to fund the 911 District operations and administrative staff through charges attached to telephone and cell phone bills. Attachments: 1. Letter from BCECD Executive Director BRAZOS COUNTY EMERGENCY .4-%s& .L&g .;. :,??*%&& .."-***.,. kO. BOX 91 1 - BRYAI, EMS 77806 ,s~ga~~~3~:~~~. 2 979.779.091 1 - FAX 979.821.3407 ZOMMUNICATIONS DISTRICT WWW.BC~I I.[IH v '. ,>: . . .. , .. January 4,2010 ... .. Mayor Ben White City of College Station 11 01 Texas Avenue College Station, Texas 77840 Dear IWayor White: CEIVZJ-.13 JAN 7 201ii The joint municipal appointment of representatives to the Brazos County Emergency Communications District expired December 31, 2009. The Board is comprised of five voting members; two members appointed by the County Commissioners Court, two members appointed jointly by all participating municipalities located in the District and one member appointed by the volunteer fire departments. Additionally, the principal telephone service supplier, Verizon, appoints a non-voting member. The current members representing the four municipalities in our District are Chief R. B. Alley and Chief Michael Donoho. I have outlined each step in the process below: 1. Please nominate an individual to serve on the Board of Managers. This person may be a staff member or a citizen at large. Please return this nomination no later than January 31, 2010. 2. Once all nominations are received, a ballot will be circulated to all cities. This ballot could contain up to four names, one submitted by each city. At that time, please vote for two representatives from this list of nominees. The District will tabulate the ballots. If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, Elizabeth Godwin Executive Director Thursday, January 28, 2010 Regular Agenda Item No. 9 Appointment to vacant position on Historic Preservation Committee To: Glenn Brown, City Manager From: Connie Hooks, City Secretary Agenda Caption: Presentation, possible action, and discussion on appointment to vacant position on the Historic Preservation Committee. Summary: Due to attendance issues on the Historic Preservation Committee, this position needs to be filed. Staff contacted applicants who applied for the most resent application process. The following individuals indicated their interest for reconsideration by the City Council. Patricia Cleere Daniel Crocker Attachments: 1. Applications 2009 - 201 0 Application for City BoardslCommissionsl Committees PLEASE TYPE OR PRINT CLEARLY NAME &ckk cL!! zkq6 Home Addres Voter ~e~istrationa(.uok!q5b \7 Home Zip Code Telephone: {0,!3 - qq qT Business 0wner'fy.o Business Name: ~tk 0 Fax: Occupation: mhn -\ College Station Resident for s3 years (~f retired, please indicate former occupation) Email Address: F,\\8, m\ @~udh\~\~ n-4 Education~opt;ona~) KYt Sodfi/~q - Tma I4 POSITION SOUGHT: (Please indicate choice with 1,2 or 3 - where 1 is most preferable and 3 being leasf preferable.) CHOOSE NO MORE THAN 3 Brazos County Ap e Agency Funding Review U - Cemetery Committee U Construction Board of Adjustments & Appeals B Northgate TIF Board Desian Review Board ~oint"~elief Funding Review H Historic Preservation Committee Convention & Visitors Bureau Arts Council of the Brazos Valley Landmark Commission C] Parks and Recreation Board C] Planning and Zoning Commission Research Valley Partnership Wolf Pen Creek TIF Board Zoning Board of Adjustments Comprehensive Plan Advisory C] Research Valley Innovation Center Advisory Council Library Board Parks Board Committees Lincoln Center Advisory Committee Senior Advisory Committee If you currently serve on any other boards/commissions/committees, please list them here: Please list any experience or interests that qualifies you to serve in the positions indicated: QQ'I ! +INA ad 7W LJM~\& WO\~QU ir\ 6yw2 filww~t a , *.c\'n4 w m Signature of ~pplican! 2009 - 201 0 Application for City BoardslCommissionsl Committees PLEASE TYPE OR PRINT CLEARLY NAME vA\r\k\ CW~LQI Home Address m,~ \ ~SQ PnFe voter ~egistration # - Home Zip Code - Business Owner? Yes Telephone: - 330 - 4 1 '&.& Business Name: Fax: Occupation: College Station Resident for % years (If retired, please indicate former occupation) (~ust be a resident of the City to serve) Email Address: ('af G.p Education(optiona/) \n %CIWZ% Subdivision POSITION SOUGHT: (Please indicate choice with 1,2 or 3 - where I is most preferable and 3 being least preferable.) -CHOOSE NO MORE THAN-3 o, 411 bmQ Brazos County Ap e Agency Funding Review U Cemetery Committee Parks and Recreation Board construction Board of Adjustments & Appeals El Northgate TIF Board Design Review Board Joint Relief Funding Review .Historic Preservation Committee Convention & Visitors Bureau C] Arts Council of the Brazos Valley 0 Landmark Commission C] Planning and Zoning Commission Research Valley Partnership Wolf Pen Creek TIF Board Zoning Board of Adjustments Comprehensive Plan Advisory C] Research Valley Innovation Center Advisory Council Library Board Parks Board Committees Lincoln Center Advisory Committee Senior Advisory Committee If you currently serve on any other boards/commissions/committees, please list them here: Please list any experience or interests that qualifies you to serve in the positions indicated: - hn~u~nifi &&Tee t~ 3gnature of Applicant L? Lk'A Date .flail completed application ity Secretary's Office, City of College Station, P.O. Box 9960, College Station, TX 77842 or fax to 979-764-6377.