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HomeMy WebLinkAbout01/14/2010 - Regular Agenda Packet - City CouncilMayor Ben White Mayor Pro Tem Dave Ruesink City Manager Glenn Brown Council members John Cro~npton James Massey Dennis Maloney Katy-Marie Lyles Lawrence Stewart Agenda College Station City Council Regular Meeting Thursday, January 14,2010 at 1:30 pm City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Presentation, possible action, and discussion on items listed on the consent agenda. 2. Presentation, possible action, and discussion concerning the water quality in Carters Creek and Burton Creek, and the Texas Commission on Environmental Quality's (TCEQ) Total Maximum Daily Load (TMDL) project. 3. Presentation, possible action, and discussion regarding an update from the City's representative on the activities ofthe Brazos County Appraisal District Board of Directors over the last 12-18 months. 4. Presentation, possible action, and discussion regarding the 2010 Planning & Zoning Commission Plan of Work. (Planning & Zoni-ng Commission will be present for discussion.) 5. Presentation, possible action, and discussion on the Brazos County Health District Cooperative Agreement between the Cities of College Station, Bryan, and Brazos County. 6. Presentation, possible action, and discussion on an update to the City Council related to 2010 Census activities. 7. Presentation, possible action, and discussion regarding adoption of the Bicycle, Pedestrian, and Greenway Master Plan. 8. Presentation, possible action, and discussion on a possible amendment to Chapter 12, "Unified Development Ordinance," Section 7.9, "Non-Residential Architectural Standards" and Section 11.2 "Defined Terms" of the Code of Ordinances of the City of College Station, Texas related to architectural requirements for - . - ~ . -. . . - - - . -- - . - - - . = ~--- ~ . - - municipal industrial faclities and utility buildings. 9. Presentation, possible action, and disc~ission regarding the proposed request for proposals and general vision for an anticipated Community Development mixed-use project at 204-220 Holleman Drive. Agenda City Council Reg~~lar Meeting Thursday, January 14, 20 10 Page 2 10. Council Calendar Jan. 18 Holiday -'City Offices Closed" Jan. 19 IGC Meeting at BVCOG, 12:OO p.m. Jan. 19 Council Transportation Committee Meeting in Council Chambers, 4:30 p.m. Jan. 25 201 0 Citizens University in Council Chambers, 5:30 p.m. Jan. 27 20 1 0 Econo~nic Outlook Conference at CS Hilton, 7:30 p.m. Jan. 28 City Council Meetings, 3:00 p.m. & 7:00 p.m. I I. Presentation, possible action, and discussion on fi~ture agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 12. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee, Code Review Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Committee, Metropolitan Planning Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments, BVSWMA, Signature Event Task Force, (Notice of Committee Agendas posted on City Hall bulletin board and city's website). 13. Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Consultation with Attorney {Gov't Code Section 55 1.071 1; possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Application with TCEQ for permits in WestsideIHighway 60 area, near Brushy Water Supply Corporation b. Sewer CCN permit requests for Brushy & Wellborn Services Areas c. Water CCN permit requests for Brushy & Wellborn Services Areas d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan e. Legal aspects of water Well, permits and-possible purchase of or lease of water well sites f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos Valley Groundwater Conservation District g. TMPA v. PUC (College Station filed Intervention) h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste Management Agency contract, on proposed methane gas contract i. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes County site j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn Mcllhaney, and Ben White Agenda City Council Reg~~lar Meeting Thursday, January 14, 20 10 Page 3 k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et al 1. Rogers Sheridan v. Barbara Schob & Greg Abbott m. Clancey v. College Station, Glenn Brown, and Kathy Merrill n. Attorney-client consultation on legal aspects of formation of local government corporation, articles of incorporation, by-laws, related agreements for transfer of assets, permits and operation of Brazos Valley Solid Waste Management Agency. Personnel CGov't Code Section 55 1.0741; possible action The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in p~~bIic. The following public officer(s) may be discussed: a. Park & Recreation Advisory Board 14. Action on executive session. 1. Pledge of Allegiance, Invocation, Consider absence request will begin at approximately 7:00 p.m. Recognition of Staff from City Secretary's Office as "Exemplary Five-Star" Local Registrars by the Texas Department of State Health Services. 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 co~npleted and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 112 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. 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 2 112 minutes to signal thirty seconds remaining for remarks. - a. Presentation, possible action, and dis~ussion of minutes-for City Coi~ncil Workshop and Regular Meeting, November 23,2009. b.Presentation, possible action, and discussion on the Brazos County Health District Cooperative Agreement between the Cities of College Station, Bryan, and Brazos County. c.Presentation, possible action, and discussion on a resolution for an Advanced Funding Agreement (AFA) between the City of College Station and the Texas Department of Transportation (TxDOT) for the Arrington- Decatur Conservation Containment Fence project. Agenda City Council Regular Meeting Thursday, January 14, 20 10 Page 4 d.Presentation, possible action, and discilssion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of easements needed to connect the properties on which Water Well #8 and Water Well #9 will be located. This is part of the Land Acquisition - Wells Prqject, which provides for the purchase of land for Well Sites #8, #9 and #lo. e. Presentation, possible action, and discussion on approving annual tire purchases fsom Pilger's Tire & Auto Center through the State of Texas (TXMAS) Tir-e Contract in the alnoirnt of $135,000.00. f. Presentation, possible action, and disci~ssion on approving an annual blanket purchase order for the pi~rchase of auto parts, shop eqiliplnent and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA) contract for the amount of $1 10,000.00. g.Presentation, possible action, and discussion on an annual bid award for the rental of heavy equipment with Mustang Rental Services of Bryan, TX as the primary vendor in the amount of $1 15,000 annually ($75,000 for Citywide expenditilres and $40,000 for BVSWMA expenditures) and Volvo Rents B/CS as the secondary vendor in the amount of $25,000 annilally ($15,000 for College Station and $10,000 for BVSWMA). h.Presentation, possible action, and discussion on the purchase of a Peer to Peer GPS system upgrade for the heavy equipment to be i~sed by the Brazos Valley Solid Waste Management Agency in the alnoilnt of $67,745.00. i. Presentation, possible action, and discussion concerning a resolution approving a special warranty deed conveying one-half undivided interest to the City of Bryan in the tract known as Tract 10, of the Brazos Valley Solid Waste Management Agency landfill project located in the JOSEPH T. ROBINSON SURVEY, ABSTRACT 390, Grimes County, Texas for Twin Oaks Landfill. j. Presentation, possible action, and discussion regarding an agreement between the City and Capstone-CS, LLC dedicating rights-of-way and easements necessary for the construction of the extension of Holleman Drive from FM 2818 to Jones-Butler Road just east of the City Dowling Road Pump Station along with associated improvements. k.Presentation, possible action, and disci~ssion regarding approval of a supplement to the original contract with EnRoute Public Safety, purchasing services to migrate the Public Safety Systems to new hardware and operating system software for an amount not to exceed $16,33 1. I. Presentation, possible action, and disci~ssion to approve a resolution awarding bid for the upgrade of the Millican Radio Tower to the lowest responsible bidder Western Towers of San Angelo, Texas in the amoi~nt of $103,550.00. --~-. -p~ -... - - . ~- ---- ~ . ~ .----.. ~~.--~ . - .~-. -- -- - . . -- . - -- .~- ~ -- - - .-~- - ~- -. - - m. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a construction contract (Contract Number # 10-075) with Marek Brothers Constri~ction, Inc. in the amount of $165,897.00 for a new basketball pavilion at Pebble Creek Park. Individuals who wish to address the City Coi~ncil on an 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 2 112 minutes to signal thirty seconds remaining for remarks. Agenda City Council Regular Meeting Thursday, January 14,20 10 Page 5 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 ~ninutes. A timer alarm will sound at 2 112 lnini~tes to signal thirty seconds remaining to conclude remarks. After a pi~blic hearing is closed, there shall be no additional pi~blic comments. If Council needs additional infor~nation from the general pi~blic, some limited comments lnay 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 reIated subject. These comments will be referred to the City Council and City Manager. 1. Public hearing, presentation, possible action, and disci~ssion regarding a resolution ordering improve~nent of a portion of Hollelnan Drive, providing for recovery of costs through paving assessment, accepting the engineer's estimate of construction costs setting amounts per front foot to be assessed giving notice of public hearing. 2. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12, "Unified Develop~nent Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning from C-1 General Commercial, R-4 Multi-Family, and A-0 Agricultural Open to PDD Planned Development District for 42.56 acres located at 171 1 Harvey Mitchell Parkway South. 3. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12, "Unified Developlnent Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning from R-1 Single Family Residential to R-4 Multi-Family and A- 0 Agricultural Open for 3.364 acres located at 1270 Harvey Mitchell Parkway South. 4. Presentation, possible action, and disci~ssion regarding a petition for annexation of 46.028 acres in the 4300 block of Greens Prairie Trail, generally located southeast of the intersection of FM 2154 (AKA Wellborn Road) and Greens Prairie Trail. 5. Presentation, possible action, and discussion of expansion of the Wolf Pen Creek Oversight Committee Me~n bershi p. 6. Presentation, possible action, and disci~ssion on appointment to vacant position on the Parks and Recreation Board. - -. -- -- --- -- - 7. Presentation, possible action, and disci~ssion regarding an Interlocal Cooperation Agreement between the City of College Station and the City of Bryan setting out a plan for creating a local government corporation that will own and manage BVSWMA. 8. Adjourn. If litigation or attorney-client issues arise to the posted subject matter of this Council Meeting an executive session will be held. Agenda City Council Regular Meeting Thursday, January 14,20 10 APPROVED: Page 6 City Manager Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on Thursday, January 14, 2010 at 1.30 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 1 1 th day of January, 20 10 at 1 :00 p.m. City Secretary I, the undersigned, do hereby certify 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 1 posted a true and correct copy of said notice on the bulletin board at City Hall, 1 101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.~ov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on January 11, 2010 at 1:00 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 20 10. Notary Public - Brazos County, Texas My com~nission expires: The building is \\heelchair accessible. Handicap parking spaces are a\ailabie. Any requcst for sign interpretive service must bc made 48 ho~11.s before the meeting. To make arrangements call (979) 764-35 17 or (TDD) 1-800-735-2989. Agendas ma) be vicwcd on ~~ww.csts.~o\~ . Council meetings are broadcast live on Cable Acccss Channel 19. January 14, 2010 Workshop Agenda Item No. 2 Total Maximum Daily Load Program Water Quality in Carters Creek and Burton Creek To : Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion concerning the water quality in Carters Creek and Burton Creek, and the Texas Commission on Environmental Quality's (TCEQ) Total Maximum Daily Load (TMDL) project. Summary: Cecilia Wagner, a local Project Manager with Texas Water Resources Institute (TWRI), will present the status of the TMDL project whose intent is to determine the pollution reductions necessary to restore and maintain water quality in Carters Creek and Burton Creek. TWRI is an institute under Texas A&M System AgriLIFE Research and serves as a facilitating partner with TCEQ for educational outreach in Texas. TCEQ has been evaluating creeks in the state in regard to acceptable levels of contaminants suitable for "contact recreation use". This effort spurred by the Clean Water Act identified numerous creeks across the state as impaired including Burton and Carters Creek locally. The testing found elevated levels of Escherichi coli bacteria which typically indicate the presence of human, livestock, or wildlife fecal matter or fertilizers, etc. Note that though the bacteria levels are elevated and warrants improvements, these levels should not cause undue public alarm. The TPlDL report should be completed by TCEQ in coming months and available for public review and comment prior to final issuance. The state will subsequently involve the local entities and the public in developing an Implementation Plan (I Plan) which is basically specifies actions for the local entities to take to bring the bacteria levels into compliance. Note that College Station has efforts currently underway to analyze and address the subject ahead of and in coordination with the required implementation. Staff will update Council and the public as the state releases more information. Budget & Financial Summary: N/A Attachment: 1. TCEQ Memo "Improving Water Quality in Carters and Burton Creeks" -- F - X - Texas Comrr~ission on Environmental Quality - - Total Maximum Daily Load Program Improving Water Quality in Carters and Burton Creeks A TMDL Project for Bacteria Water Quality in Carters Creek and Burton Creek The state of Texas requires that water quality in Carters Creek (Segment 1209C) and Burton Creek (Segment 1209L) be suitable for contact recreation, aquatic life, and fish consumption uses, as designated in the Texas Surface Water Quality Standards. The Texas Comnlission on Environmental Quality (TCEQ) establishes the standards to maintain the quality of the water in the state. The contact recreation use designated for this water body is not supported due to high concentrations of E. coli bacteria. In response to this issue, the TCEQ has initiated a total maximum daily load (TMDL) to determine the pollution reductions necessary to restore and maintain water quality in Carters and Burton creeks. The goal of a TMDL is to determine the amount (or load) of a pollutant that a body of water can receive and still support its designated uses. The allowable load is then allocated among all the possible sources of pollution within the watershed, and measures are developed to reduce pollutant loads. The ultimate goal of this project is to reduce E. coli concentrations in Carters and Burton creeks. High concentrations of bacteria such as E. coli and fecal coliform, which are found in both human and animal waste, may indicate a health risk to people who swim or wade in the creeks-activities called "contact recreation" in the state's standards for water quality. Learn more about water quality standards and monitoring by reading Clean Water for Texas: Working Together for Water Quality, available on the Web at < www. tceq.org/goto/tindl/>. Description of the Carters and Burton Creeks Watershed The watershed of the creeks is located in Brazos County and covers about 57 square miles, running through the Southern Post Oak Savanna ecoregion. Land use is heavily urbanized in the upper reach of the Carters Creek watershed where it originates in Bryan/College Station, and becomes more rural in the lower reach. Results of urbanization are most evident during ambient flow, when Carters Creek is mostly made up of wastewater effluent from the seven municipal wastewater treatment facilities in the watershed. Burton Creek is a tributary to Carters Creek; all of its watershed is urbanized. TMDL Development The TCEQ initiated the TMDL project in 2007 through a contract with the Texas Institute for Applied Environmental Research (TIAER) at Tarleton State University in Stephenville. Initial tasks in the project included review of existing water quality data for the segment. Data will be analyzed using appropriate methods, with the goal of determining what the TMDL for E. coli should be for Carters Creek. Pi~blic Participation Public meetings will be held throughout the development of the TMDL project in order to involve stakeholders in the process. Following developinent of the TMDL report,. the TCEQ and stakeholders will develop an implementation plan, utilizing extensive stakeholder involvement to ensure the success of the implementation. For More Information To find out more about upcoming meetings and progress of the project, contact the projecl manager listed below. Or visit the TCEQ Web site at <www. tceq.org/goto/tmdl/>. TCEQ Project Manager Roger M. Miranda, TMDL Section Texas Commission on Environmental Quality (512) 239-6278 rmiranda@tceq.state.tx.us TMDL Development Status Start Date: August 2007 Projected End Date: TCEQ Adoption: EPA Region 6 Approval: Implementation Plan Status Start Date: Projected End Date: TCEQ Adoption: TMDL Development ! - - . Lp- Data Review --~ ............................................ TMDL Allocation 1 I 1 1 TMDL Adoption 0 20 40 60 80 100 Percent Complete TMDL Project Highlights The Carters Creek TMDL project was initiated in 2007. Data analysis has begun and a draft analysis should be completed by the fall of 2008. The TCEQ has met with representatives from the cities of Bryan and College Station to inform them of the TMDL and gain their initial input. The T CEQ has c ontacted r epresentatives of th e T exas Agr iLife Ex tension Service, T exas Agr iLife Research, and Texas Water Resources Institute to discuss ongoing studies and coordination of activities in the project watershed. Visit our Web site at: <www.tceq.org/goto/tmdl/> January 14, 2010 Workshop Agenda Item No. 3 Update from Brazos County Appraisal District Board To : Glenn Brown, City Manager From: City Manager's Office Agenda Caption: Presentation, possible action, and discussion regarding an update from the City's representative on the activities of the Brazos County Appraisal District Board of Directors over the last 12-18 months. Summary: Dr. Ron Kaiser, the City's appointment to the Brazos County Appraisal District Board will be present to provide an update on major activities of the District over the last 12-18 months. Topics that will be addressed include: (1) update of the computer system, (2) appraisal appeal process and overview of appeals pending, (3) holding the line on budget, and (4) property value trends in the area. Dr. Kaiser will offer an overview and Mark Price, the Chief Appraiser for the District, will also be available to address specifics and answer questions. Dr. Kaiser has served as the City's representative on this board for the last two years and was reappointed by the Council for his second two-year term last year. Budget & Financial Summary: No direct impact on the City, however, budget oversight is an important activity of the board members. Attachments: N/A January 14, 2010 Workshop Agenda Item No. 4 2010 Planning & Zoning Commission Plan of Work To : Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning and Development Services Agenda Caption: Presentation, possible action, and discussion regarding the 2010 Planning & Zoning Commission Plan of Work. (Planning and Zoning Commission will be present for discussion.) Recommendation: Staff recommends endorsement of the items contained within the 2010 P&Z Plan of Work. Summary: The Planning and Zoning Commission adopted Rules and Procedures state that the Planni-ng and Zoning Commission may adopt a Plan of Work. The Plan of Work should consider future tasks for a prescribed period and be updated and revised annually in coordination with the City Council Strategic Planning process. Upon presentation of a draft Plan of Work by the Commission in a joint meeting with the City Council and the Planning and Zoning Commission, the Commission may adopt the Plan by majority vote of the members present. The Planning and Zoning Commission met in October in a mini-retreat specifically scheduled to begin developing its 2010 Plan of Work. As part of the development, the Commission was provided with the estimated workload in which the Planning & Development Services staff would have available to accomplishing the Plan of Work considering the Comprehensive Plan, Council initiated items, and other already programmed items. Through its mini-retreat and its two November Workshops, the Commission identified several items for consideration and has prioritized them accordingly. The Plan of Work format continues to align with the Department's Strategic Business Plan. Items are assigned within one of four categories: Community & IVeighborhood Planning, Data Collection & Analysis, Development Services, and Outreach & Communications. Also, additional descriptions are provided to better track the purpose and progress of each item through the year. A mid-year review of the Plan of Work is anticipated next summer to review the overall progress and adjust items as necessary. The Planning and Zoning Commission is seeking input from the Council on the Plan of Work and concurrence with the same. Budget & Financial Summary: N/A Attachments: 1. 2010 P&Z Plan of Work (draft) DRAFT - Planning & Zoning Commission 2010 Plan of Work Community & Neighborhood Planning Comprehensive Plan Implementation Summary: Council Initiative. Continue implementation of Comprehensive Plan through completion of related master plans and adoption of new zoning districts and other revisions to implement the Plan. Staff Assigned: P&DS Staff Bicycle, Pedestrian, and Greenways Master Plan Implementation Project Dates: Anticipated Completion: On-going Summary: Council Initiative. Begin implementation through the completion of tasks identified in the Plan. Staff Assigned: P&DS Staff Parks and Recreation Master Plan Project Dates: Anticipated Completion: On-going Summary: Council Initiative. In association with the P&Z and Park & Recreation Advisory Board subcommittees, draft and consider Master Plan for adoption as part of the Comprehensive Plan. Staff Assigned: P&DS Staff Neighborhood I Corridor I District Plans Page 1 of 5 Project Dates: Anticipated Completion: 3rd Quarter Summary: Council Initiative. Continuation of neighborhood and community planning efforts including completion and implementation of the Central College Station Neighborhood Plan and initiation of other efforts. Staff Assigned: P&DS Staff Neighborhood Integrity Project Dates: Anticipated Completion: 2nd Quarter (Central CS); 4th Quarter (start next plan) Summary: Council Initiative. Formulation of neighborhood integrity protection measures to implement the Strong and Sustainable Neighborhoods initiative. Efforts include- exploration of rental inspection program and high- density single family standards. Staff Assigned: P&DS Staff Project Dates: Anticipated Completion: 2nd Quarter Historic Preservation Research, Data Collection & Analysis Summary: Council Initiative. Continuation of the Oakwood Preservation study, which includes draft designation report and design guidelines. Staff Assigned: LK Annexation Project Dates: Anticipated Completion: I st Quarter Summary: Council Initiative. Identify areas for potential 3-year annexation plan as directed through the Comprehensive Plan and consider voluntary annexation petitions. Staff Assigned: LS Project Dates: Anticipated Completion: 3rd Quarter; On-going (Voluntary) Subcommittee for Data Collection Summary: P&Z Initiative. P&Z Subcommittee to interact with Staff on the compiling of geographical and numerical data on development trends, economic statistics, and the feasibility of economic, environmental or community impact studies. Staff Assigned: P&DS Staff Planned Development Districts Project Dates: Anticipated Completion: I st Quarter Summary: Council Initiative. Review planned development procedures for PDD and P-MUD districts and survey other ordinances to identify ways to increase their effectiveness and use in the rezoning process. Staff Assigned: P&DS Staff Pedestrian Friendly I Walkability Page 2 of 5 Project Dates: Anticipated Completion: 2nd Quarter Summary: P&Z Initiative. Review current development standards relating to pedestrian and bicycle transportation modes. Compare-with best practices and identify any deficiencies in current standards. Staff Assigned: P&DS Staff Stormwater Quality Project Dates: Anticipated Completion: 1st Quarter Summary: P&Z Initiative. Identify best management practices in conjunction with Phase 2 Municipal Separate Stormwater Sewer System (MS4) effort. Staff Assigned: P&DS Staff Project Dates: Anticipated Completion: 1 st Quarter Affordability of Housing Summary: 1 Project Dates: Neighborhood Fencing P&Z Initiative. Discuss how housing affordability is measured and provide information on affordability of homes in the College Station and Bryan housing markets. Summary: P&Z initiative. Develop fencing and landscaping options for neighborhood perimeter fencing to reduce the "canyon effect" along City streets. Staff Assigned: P&DS Staff )staff Assigned: P&DS Staff l~ntici~ated Completion: 3rd Quarter Project Dates: Anticipated Completion: 2nd Quarter Water Supply Quantity 1 Quality Summary: P&Z Initiative. Overview existing and planned water supply and demand scenarios and review water conservation endeavors. Report of water quality analysis and status. Staff Assigned: P&DS Staff Capital Projects P&Z Initiative. Survey peer cities and evaluate parking standards for different types of uses, particularly standards for shopping centers. Project Dates: Anticipated Completion: 2nd Quarter Summary: P&Z Initiative. Review identified capital projects, prioritization, and timing of their implementation. Staff Assigned: P&DS Staff Parking Ordinance Update )staff Assigned: P&DS Staff (~ntici~ated Completion: 4th Quarter Development Services Project Dates: Anticipated Completion: 2nd Quarter Summary: Project Dates: Page 3 of 5 Subdivision Regulations Summary: Council Initiative. Revise Subdivision Regulations within UDO to identify and address deficiencies in current practices and standards. This includes an evaluation of standards relating to connectivity, ETJ development, inter-local agreement with the County, phasing of developments and gated developments. Staff Assigned: JS, AG Project Dates: Anticipated Completion: I st Quarter Impact Fees Outreach and Communications - Summary: Council Initiative. Conduct analysis of implementing city. wide transportation impact fees and other utility impact fees. Item includes background on impact fees and funding mechanisms. Staff Assigned: AG, CC Riparian Setback Project Dates: Anticipated Completion: I st Quarter Summary: Council Initiative. Draft and consider a riparian setback ordinance for adoption. Staff Assigned: VG Project Dates: Anticipated Completion: 2nd Quarter Community Education about Zoning Issues, Processes, etc Pending Items Summary: P&DS Business Plan Initiative. Provide additional methods and forums to disseminate planning information, processes, and issues. Staff Assigned: P&DS Staff Outreach & Education via Channel 19 and Website Project Dates: Anticipated Completion: On-going Summary: P&DS Business Plan Initiative. Enhance the availability and effectiveness of communication planning information and activities on the City's cable channel and website. Staff Assigned: P&DS Staff Project Dates: Anticipated Completion: On-going Timeline on Land Use Plan Page 4 of 5 Summary: P&Z Initiative. Review implementation of Comprehensive Plan and implications on timing of land use build out. Staff Assigned: P&DS Staff Density Control Project Dates: Anticipated Completion: Not Scheduled Summary: P&Z Initiative. Evaluate the implications that location of density has on City services and quality of life. Staff Assigned: P&DS Staff Project Dates: Anticipated Completion: Not Scheduled Non-residential Architecture Standards (NRA) Summary: P&Z Initiative. Review existing NRA requirements in relation to ordinance objectives and architecture design principles. Staff Assigned: P&DS Staff Outdoor Storage of Hazardous Materials Project Dates: Anticipated Completion: Not Scheduled Summary: P&Z Initiative. Discuss requirements and policies regarding the outdoor storage of hazardous material. Staff Assigned: P&DS Staff Sidewalk Fund Page 5 of 5 Project Dates: Anticipated Completion: Not Scheduled Summary: P&Z Initiative. Explore feasibility of creating fund for fee- in-lieu of sidewalk in appropriate circumstances. Staff Assigned: P&DS Staff Sign Ordinance Review Project Dates: Anticipated Completion: Not Scheduled Summary: P&Z Initiative. Review existing sign requirements and survey signage resulting from ordinance. Staff Assigned: P&DS Staff Project Dates: Anticipated Completion: Not Scheduled January 14, 2010 Workshop Agenda Item No. 5 Health District Cooperative Agreement To : Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on the Brazos County Health District Cooperative Agreement between the Cities of College Station, Bryan, and Brazos County. Recommendation(s): Staff recommends that Council hear the brief presentation on the Cooperative Agreement. This item is on the consent agenda and staff recommends approval. Summary: The Brazos County Health District Board has been working on a new Cooperative Agreement for the past three years. The board is made up of 2 members from the City of College Station (Mayor White and Councilmember Lyles), 2 from the City of Bryan, and 2 from Brazos County. The original Cooperative Agreement has been in place since 1984, and was last revised and readopted in 1995. One of the most significant changes in this agreement is to provide a defined funding formula for the 3 entities which results in each entity providing equal funding to the Health District. The City of Bryan approved this agreement at their December 15, 2009 City Council Meeting. Brazos County approved the agreement on December 29, 2009. Budget & Financial Summary: The total FY 10 budget for the Health District is $2,197,134. The FY 10 City of College Station budget includes $351,500 for the Brazos County Health District. The City of Bryan and Brazos County will each be contributing the same amount as called for in the new agreement. The Health District also receives funds from the Department of State Health Services, and from service fees. Attachments: Brazos County Public Health District Cooperative Agreement BRAZOS COUNTY PUBLIC HEALTH DISTRICT COOPERATIVE AGREEMENT This Agreement is entered into as of October 1, 2009, by and between the Cities of Bryan, Texas; College Station, Texas; and Brazos County, Texas. WHEREAS, by Coopcrative Agreement dated August 31, 1984, the Cities of Bryan, Texas, Collcge Station, Texas and the County of Brazos, State of Texas (hereinafter referred to collectivcly as the "Parties") created the Brazos County Health District, commollly lcnown as thc Brazos County Health Department, pursuant to the Texas Health and Safety Code $121,041; and WHEREAS, the Members govern the District through a "Cooperative Agreement;" and WHEKEAS, thc Cooperative Agreement was last revised and readopted by the Members in 1995; and WHEREAS, the Members have determined that the Cooperative Agreement again needs to be amended and restated to reflect current practices and to clarify cei-tain provisions. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS that for and in consideration of mutual benefits herein expressed, the receipt of sufficiency is hcreby aclcnowledged, the Members of the District do hereby amend and restate the Cooperative Agreement providing for the operation and maintenance of the Brazos County Health District in accordance with the following: 1. DEFINITIONS ACT means the Local Public Health Reorgailization Act; Texas Health and Safety Code, Chapter 121. BOARD MEMBER means a person appointed by a District Member to serve on the Board of Health. DIRECTOR means the chief administrative officer of the Brazos County Health District. DISTRICT MEMBER ineans a municipality, a county, or other goveiminental enlity which is a full participant in the Health District. llnless othenvisc spccifically stated herein, the use of he term District Member refers to the class of mcmbers defined as a Full District Member. HEALTH AUTHORITY means the physician who is to administer state and local laws relating to public health. HEALTH DISTRICT (hereinafter sometimes referred to as the "District") means the Brazos County I-Iealth District created hcreby and established under Subchapter E, Chapter 121, Texas Hcalth and Safety Code to perrorm any public health ftiilctioil that any of its District Membcrs may perform, unless otherwise restricted by law. BRAZOS COUNTY BOARD OF HEALTH (hereinafter soinetimcs referred to as "Board" or "Board of FIealth") means the Brazos County Health District's administrative board of directors appointed by the District Members to govcrn the operation or the District. PHYSICIAN mcans a person licensed to practice medicine by the Texas State Board of Medical Examiners. PUBLIC HEALTH SERVICES means those services provided by or perrormed by the Health District, including but not limited to, laboratory services, clerical services, comn~unity health services, environmental health serviccs, educational services and accounting. 11. HEALTH DISTRICT 2.1. Establishment. This Agreement continues the operation of a public health district heretofore established pursuant to Chapter 121 of the Texas Health and Safety Code, Subchapter E Public Health Districts, The health district is known as the Brazos County Health District (hereinafter "Health District"). 2.2. Membership. The FIealth District shall have two classes of rncmbers: Full District Members and Limited Members. Full District Membership is open to Brazos County, Texas and municipalities .located in Brazos County, Texas. Limited Membership is open to school districts and institutions of higher education located in Brazos County, Texas. Full District Members shall have voting rights as more fully described in Section 3.6 hereof, Limited Members shall have the right to send one representative to Board of Health meetings and participate in any discussions at said meetings. Limited Members shall not have the right to vote. 2.2.1. Full membership. At the time of the Amendment and Restatement of this Agreement, the followiilg governmental entities are admitted as Full District Members: Brazos County, Texas City of Bryan, Texas City of College Station, Texas 2.2.2. Subsequent admission. Any goveriln~eiltal entity located in Brazos County, including a school district and institution of higher education, may apply for membership in the lIealth District. The governing body of each Full District Member shall review thc application, and the applicant shall be admitted to the Health District on the same terms available to other existing District Members in a particular class of members, if a majority of the governing body of each Full District Mcmber approves the application. 2.2.2.1. Municipalities, if approved as provided herein, shall be admitted as Full District Members. Before a municipality admitted as a Full District Member after the effective date of this Agreement may exercise any right or privilege under this Agreement, the nlunicipality must file with the I-Iealth District a resolution of its governing body authoriziilg the execution (by an appropriate nlunicipal official), and agreeing to be bound by the terms of this Agreement. A newly-admitted municipality, together with the existing District Members shall executc an addendum which shall become a part of this Agreement. 2.2.2.2. School districts and institutions of higher education, if approvcd as provided herein, inay only be admitted as Limited Members. Before a school district or iilstitution of higher education, admitted as a Limited District Member after the effective date of this Agreement, may exercise any right or privilege under this Agreerncnt, the school district or institution of higher education must file with thc Health District a resolution of its school Board of Trustees or Board of Regents authorizing the execution (by an appropriate official) and agrceiilg to be bound by the ternls of this Agreement. A newly-admitted school district or institutioil of higher education, together with the existing Dislrict Members, shall execute an addendum which shall become a pai-t of this Agreement. 2.3 Expulsion and Withdrawal of District Member. 2.3.1 Withdrawal. Any District Member may withdraw from the District upon the unanimous vote of such withdrawing District Member's governing body. Notwithstanding the above, ally District Member shall be deemed to have withdrawn upon the failure of the District's governing body to appropriate funds for thc Health District. Should a District Member be deemed to have withdrawn as stated above, the District shall give written Notice of such withdrawal to the County Judge or City Manager, as appropriate, with an opportunity to cure such failure lo contribute within tl~ii-ty (30) days of the date of such Notice. 2.3.2 Expulsion. A District Member may be expelled upon the unanimous vote of the Board and the governing bodies of all District Members (exclusive of the District Member to be expelled). 2.3.3 Contribution. Should a District Member withdraw or be expelled during a District fiscal year, such withdrawing or expelled District Member shall be bound and is hereby obligated to pay in fill1 that District Member's contribution for thc year of withdrawal or expulsion. 111. BOARD OF HEALTH 3.1 Creation. The administrative public health board, known as the Brazos County Board of Health (herein referred to as the "Health Board" or "Board" or "Board of Health") heretofore established under the prior Cooperative Agreement and in accordance wilh Section 121.046 of the Act shall serve as the administrative health board governing the District. 3.2 Duties. The Board of Health inay perforin any function relating to the operation of the Health District that is provided for under this Agreement. 'Ihe Board of Health shall adopt substantive and procedural rules that are necessary and appropriate to promote and preserve the health and safety of the public. The Board of Health shall advise the District Director and the District Members on matters of public health, and retain ultimate authority for public health matters within the Health District. The Board of Health may not adopt a rule that is not specifically authorized by State law, conflicts with a State law, or conflicts with a District Member ordinance or County order. Each Board Member shall bc responsible for presenting and advocating on its behalf the District's contribution request through the budget process of the District Member the Board Membcr represents. The Board of Health shall determine the ltinds and Irequencies of reports, other than as stated herein, to be prepared by the District on an annual basis. 3.3 Composition. The Board shall consist of two representativcs from each of the Full District Members and one representative for each Limited Membcr. Each city council and the Commissioners Court will select two of its citizens, who may, but need not be an employee or an elected official of the appointing 'District Member. If the District Director is not a Physician, the Health Authority shall be an ex-officio representative on the Health Board. 3.4 Term. Board Members will serve two years except any Hoard Meinber currently scrving shall complete his current term and any consecutive tern1 for which hc is eligible. Each Board Member may be reappointcd for four consecutive terms. In order to maintain continuity on the Board, each District Member agrees to stagger the appointment of its two duly appointed Board Members. For purposes of implementiilg this process on the date of this Alllended and Restated Agreement, each District Membel- may, if necessary, shorten or lengthen by one year the term of one of its cul~ently sitting Board Members. 3.5. Qualification. 'I'he Board Meinbcrs shall seive subject to the following terms and conditions: 3.5.1 Residence. Each Board Melnber must have resided in the geographical area within the jurisdiction of the governmental entities which are District Members for a period of three (3) years prior to his appointment. 3.5.2 No Compensation. Board Mcmbers shall serve without compensation. 3.5.3 Attendance. Attendance at Board Meetings is required. Failure to attend four consecutive Board meetings without a valid reason will be grounds for automatic removal of a Board Member. Except for automatic removal specified herein, any action to removc a Board Meinber shall be undertalten by the District Mcrnber appointing such Representative. Thc District Member considering removal shall be the sole judge of the reason it chooses to remove its representative. 3.5.4 Vacancies. In the event of a vacancy for any reason 'or the unexpired term of any Board Member, the vacancy shall be filled by appointment of the District Mcrnber which 01-iginally appointed the Board Mcmbcr who no longer serves. A District Member filling a vacancy shall fill that vacancy in the same manner and method provided for in the original appointment. Board Members appointed to fill an unexpired term shall serve until the end of the unexpired tenn. 3.6 Meeting Procedures. The Board of Health inay adopt lules of conduct and proccdure not in conflict with this Agreement. 3.6.1 Officers. The Board of IIealth shall annually at the final meeting of the fiscal year elect a chairperson from the ranks of Board Members. The District Director shall sellre as secretary to the Board, The Board may appoint such other officers as it may deem necessary. 3.6.2 Quorum. A quorum for meetings of the Board of I-Icalth shall be equal to at least three (3) Board Members representing at least two (2) District Members. Ex-Officio members of the Board shall not be countcd for purposes of determining a quorum. 3.6.3 Voting. The two representatives selected to represent one District Member shall have but one vote between them on all issues brought before the Board. In thc event one of the two representatives from one District Member is unable to attend a Board meeting, the representative present nlay cast that District Member's vote without the need of obtaining a proxy from the non-attending Board Member. Limited Members' representatives and any persoil sitting on the Board in an ex-officio capacity shall have no vote. 3.6.4 Meetinas. The Board of Health shall meet at least quarterly on a date determined by the Board, and may hold special meetings when called by the Chairperson. The Chairperson, or in hislher absence his designee, shall call a special meeting of the Board when requested to do so by two or more Board Members, other than Ex-Officio Board members. 3.6.5 Notice. The Board of Health shall comply with the notice and open meeting requirements of the Texas Open Meetings Act (currently Tex. Government Code Section 55 1.001 et seq.). The District Director shall give notice of all meetings of the Board of Health to each Board Member and the governing body of each District Member at least five (5) business days prior to each mecting, and shall post notice of a meeting at least seventy- two (72) hours before a meeting in a public place at the main office of the Health District, unless an emergency as defined by Section 551.045 of the Open Meetings Act exists, in which case two-hour notice shall suffice. 3.6.6 Action by the Board. The Board of Health shall take action by a simple majority of the total votes cast by the Board Mcmbers at a properly-called meeting at which a quorum is present, unless a greater percentage is required to take some specific action under this Agreement. 3.6.7 Parliamentary Rules. Except for specific standing rulcs that may be adopted by the Board, "Robert's Rules of Order" as set forth in the latest edition of Robert's Rules of Order Newly Rcvised, will be followed at all meetings of the Board. 3.7 Director Board Mcmbcrship. The Director shall serve as an ex-officio non-voting member of the Board. IV. ORGANIZATION 4.1 The Brazos County Health District shall be organized, subject to an~endineilt by the Board from time to time, as diagramed below: Brazos County Health District (I)~.ganizational C'lla1.t I Brozos C'outirv Board of Ee~ltl~ I Brnroi Caru~ly Hxilt!: Aotlu,n y Co~rdlunror Selvicer Director firecter Health Edrlc ltiou Sexices Director EPR C'ourCilator! 4.2 Director Appointment. The Director shall serve as the chief administrative officer of the Health District. The procedure for the selection ofthe Director shall be as follows: a. The Director of the Brazos Couilty I-Iealth District shall be appointed by thc Districl Meinbers upon recommendation by thc Board of Health. b. If the Director is a licensed Physician, he shall also serve as the "Health Authority" for the District and will perform all duties as specified in the Act, and shall be subject to all the requirements and rules hereof. c. If the Director is not a licensed Physician, he shall appoint a qualified licensed Physician to serve as the "I-Iealth Authority" for the District subject to the approval of the Board Members. The Health Authority shall serve as an ex-officio Board Member. 4.3 Duties of the Director. l'he duties and responsibilities of the Director shall include, but not be limited to, the following: %- a. Thc Director shall be the chief administrative officer of the Health District. b. The Director shall be responsible for the preparation of all budget proposals and budget requests for the District. The Director shall submit an annual proposed budget to the Board of Health which in turn shall submit such budget to the financial departments of each District Member. c, l'he Director shall be responsible for all purchasing for the District. and Roard and shall conduct the same in the authorized and legal manner provided herein. d. The Director shall provide to all Board Members and the governing body of each District Member notice of all meetings of thc Hcalth Board as provided herein. e. The Director shall perform all other duties and fi~nctions imposed on him as Director by the Board of I-lealth or applicable state, federal and local laws, ordiilances or regulations as they now read or as they are amended. f. 'The Director shall be an ex-officio (non-voting) member on the Board of Health, and serve as secretary to the Board. The Director shall record or talce minutes of each meeting of the Board. g. The Director shall assume responsibility for applying for and administering grants from the Federal and State government, as well as private sources. h. The Director shall be responsible for the preparation and submittal to the Board of Health of all statistical repoi-ts and the procurement and submittal of all Independent Auditor's Repoi-ts of Financial Statements. 4.4 Compensation of Director. The Health Board shall annually set the compensation of the Director (and Health Authority where necessary) when it approves the Health District budget. 4.5 Removal of Director. The Director may be removed from office by the ~ulanimous vote of the Board Members for laclc of satisfactory discharge of duties, alcoholism, drug abuse, and conviction of a felony, misappropriation of funds or property, embezzlement, physical or mental impairment (disability) which permanently prevents satisfactory discharge of duties. . . .- . . . ~ 4.6 Chicf Financial Officer, The Brazos County ~uditor shall serve as the Chief Financial Officer of the District, subject to the Brazos County Auditor's consei~t, and at the Brazos County Auditor's discretion, with the approval of the District Judges (as that term is defined in Subchapter A, Chapter 84 of the Texas Local Government Code). V. FINANCES 5.1 Budget. The District Director shall each year submit a proposcd budget for the District's fiscal year, which shall be from October lSt to September 3oth, to the Board of Health for its consideration. The budget shall be prepared in a format consistent with governmental accounting principles as promulgated by the Governmental Accounting Standards Board. The Board of Health shall each fiscal ycar approve a preliminary budget for the Health District for the upcomiilg fiscal year by May 30th. The budget approved by the Board of Health shall be sufficient to provide for the payment of expenses necessary for the operatioil of thc Health District including the following items: (1) staff salaries; (2) supplies; (3) suitable office space; (4) health and clinic centers; (5) health service and facilities; (6) maintenance; (7) travel and education costs; and (8) other necessary costs for the operation of the District. The budget shall also show all Iwown or anticipated sources of revenue and the proposed contribution amount of each District Mcmber based upon the formula outlined in Paragraph 5.6 hereof. Upon the approval of the Board or Health, the preliminary budget shall be submitted, no later than Junc lS' by the Board Members, to the goverlling body of their respective District Members for approval. The Board of Health shall approve a final budget during the month of Septcmber to be effective October lSt. A public hearing on the final budget shall bc held on the same day set for the meeting of the Board of Health to approvc such final budget. The Board shall only amend the budget in the same manner that it adopted the original budget. 5.2 Approval of Expenditures. The Director has the authority to approve all expeilditures less than or equal to $5,000.00 as long as the expenditure does not requirc an amendment to the District budget. No expenditures will be approved unless there are adequate budgeted funds within the appropriate category to support the expenditure. All budgeted expenditures greater than $5,000.00 will be approved by the Board Chairman or his or her designee and brought to the Board for foi~nal review and approval at the next Board meeting after such expenditure is made. All contracts and grants, except those of a nonfinancial nature and certain State contracts, as set forth in the District's Budget and Expenditure Authorization Policy Statement, shall be brought before the Health Board for its approval. The Board Chairman shall execute all District contracts, except those of a non-financial nature and certaiil State contracts, as provided above, which shall be executed by the Director. 5.3 Statistical Report. A Statistical Repoi-t which shall include a statistical summary of thc Health District's activities in the most recent fiscal year, and such other matters deemed appropriate by the Board of I-Iealth shall be prepased and presented to the Board at its quarterly meetings. 5.4. Annual Audit. Thc Board shall authorize the hiring or a qualified firm or individual, licensed to practice as a certified public accountant or firm by the State Board of Public Accountancy, to audit the financial records of the Health District and prepare financial state~neilts in accordance with Governmental Accounting & Financial Reporting Standards (GAFR) published by GASB. A copy of thc most recent Independent Auditor's Repoi-t of Financial Statements shall bc scnt to the governing body of each of the District Members no later than May 3 1 st or the year following the year covered by such report. 5.5 Accounts. The District's accounts shall be maintained in a separate fund within the financial system of Brazos County. All inconle to the District will be maintained in appropriate accounts in accordance with Generally Accepted Accounting Principles. Appropriate records of all income and disbursements from these accounts will bc lccpt by the District. Summary records shall be reviewed and approved by the Board quarterly. No appropriation of money from these accounts shall be made unless unanimously approved by the Board. 5.6 District Member Contributions. Each District Member shall annually budget for and contribute its propoitionate share of funding as described below to the District to be held in the accounts desciibed in Paragraph 5.5 above. Contributions are payable monthly but in no event less often than quarterly. The District Membcrs agree that funding for District Members shall be equal to one-third (113) of the budgetcd cash amounts or the District for the next fiscal year. Brazos County shall, until agreed otherwise in writing, contribute in addition to its one-third of the budget amount, the current District's physical facilities including utilities and janitorial seivices, auditing services, accounting services, purchasing services and human resources services, and inclusion of District en~ployees in the County's retirerncnt, health insurance and worker's coinpensation programs and provide general liability and crrors and on~issions liability insurance coverage pursuant to the County's thcn cui-rent insurance policy insuring against risks and claims arising out of lhe operation of the District, without charge to the District. 5.7 Fund Balance. All unencumbered funds at the close of a fiscal year shall be deposited into the District's Fund Balance to be designated for use for public health services mutually beneficial to each District Member or shall be used to reduce budgct contributions of the District Members in the following fiscal year. No appropriation of money for such later use shall be made unless unanimously approved by all District Members. All payments made to the District shall be from current revenues of cach District Member. 5.8 Invoice. Premised upon the approval of the Budget by the Board and the governing body of each District Member of its contribution ainouilt for the next succeeding year, the Director shall send an invoice to the appropriate financial department of each District Member, setting forth the cash contribution due and owing for that budget year. Each District Member's contribution shall be paid monthly or at the District Member's election, quarterly. VI. DISSOLUTION 6.1 Events Initiating Dissolution. The District shall dissolvc and its affairs shall be wound up on the first to occur of the following: a. the written conscnt of all District Members; b. the failure of a District Member to make its annual contribution unlcss the business of the District is continued by the consent of all remaining District Members; c, failure of District to fulfill its legal requirements in order to maintain its affiliation with the Texas Department of State Health Services, 6.2 Liquidation Process. On dissolution of the District, the Director shall act as liquidator. The Director shall proceed diligently to wind up the affairs of the District and inalte final distributions as provided herein. The costs of liquidation shall be borne as a District expense and shall be paid out of the District's available accounts as described in Paragraph 5.5 above. Until final distribution, the Director shall continue to operate the District properties with all of the power and authority of the Director. The steps requiied to liquidate the District arc as follows: 6.2.1 Accountillg. As promptly as possible after an evcilt of dissolution and again after final liquidation, the Director shall cause a proper accounting to be made by a recognized firm of certified public accountants of the District's assels, liabilities, and operatioils though the last day of the caleildar month in which the event of dissolutioi~ occurs or the final liquidation is completed, as applicable. 6.2.2 Notice. The Director shall cause the notice of such dissolution to be mailed to each ltnown creditor of the District. 6.2.3 Liabilities. The Director shall pay, satisfy or discharge from District funds all of the debts, liabilities and obligations of the District (including, without limitation, all cxpenses incurred in liquidation) or otherwise inalte adequate provision for payment and discharge thereof (including, without limitation, the establishment of a cash cscrow fund for contingent liabilities in such amount and for such term as the Director lnay reasonably determine). To the extent the District's liabilities exceed its assets, thc District Members shall, in equal shares, contribute an amount sufficient to discharge such liabilities. 6.2.4 Assets Remaining. All remaining assets, if any, of the District shall bc distributed to the District Members as follows: 6.2.4.1 In Kind Contributions. All assets which were originally received by the District as in-ltind contributions and which are still in the possession of the District at the time of final distributions shall be returned to the contributing District Member. 6.2.4.2 Sale. All remaining property and assets shall be distributed equitably anlong the District Members pursuant lo terms of a written mutual agreement. A dollar value representing the value of propei-ty received by each Member through the distribution process in this subparagraph 6.2.4.2 (the "Individual Deduction Amount") shall be allocated to each party. If the District Members are ~ui~able to negotiate an agreement for the equitablc distribution of all or any of the remaining propei-ty, such remaining property shall be sold by sealed bid or auction in accordance with applicable laws. The proceeds of such sale and/or auclion will be distributed equitably among the District Members as Iollows: the total value of proceeds received from sale andlor auction shall bc added to the total value of propei-ty distributed to the parties under this subparagraph 6.2.4.2 (the "'l'otal Gross Value"); the Total Gross Value shall be divided by the number of District Members participating at the time of dissolution (the "Individual Gross Arnouilt Due"); each District Member shall be paid (or reimburse, as appropriatc) the difference between the Individual Gross Amount Duc and such pasty's Individual Deduction Amount. 6.2.4.3 Surplus Property. To the extent allowed by applicable laws governing the disposal or surplus property, the parties may agree to donate items of persolla1 property to authorized entities. 6.2.5 In-Kind Contributions. All distributions in kind lo the District Members, as set fosth in Paragraph 6.2.4.2 above, shall be made subjecl to the assumption of liability of each recipient Member for costs, expenses, and liabilities associated with such asset theretofore incurred or for which the District has committed prior to the date of distribution. The distribution of cash and/or property to a District Member in accordance with the provisions of this section constitutes a complete distribution to the District Member of all the District's property and constitutes a compromise to which all District Members do hereby conscnt, 6.2.6 Applicable Law. All actions shall be exercised in accord with existing local, state, and redera1 law, rules and regulations as they pertain to the termination of personnel, propei-ty and the responsibility to provide for services. VTT. MISCELLANEOUS 7.1. Effective date. This Agreement, as amended and restated, is effective when approved by the governing body of all District Members, and signed by the appropriate officer of each governing body. 7.2. Entire agreement; modifications severability. This Agreement supersedes all prior Agreements relating to the subject matter herein and contains the entire understanding of the parties hereto relating to the subject matter contained herein. This Agreement may not be modified or amended without a written agreement approved by the governing bodies of each of the District Members. The section headings herein are for convenience and reference, and are not intended to define or limit the scope of any condition, term, or provision of this Agreement. If ally provision of this Agreement is held to be invalid for any reason, the remainder of the Agreement shall continue in full effect. , 7.3. Governing law and venue. This Agreement is governed by the laws of the State of Texas and the Federal government, and should be construed to carry out the intent of the Locul Piiblic Health Iteor.gc~nization Act, Chaptcr 121 of the Texas Health and Safety Code. This Agreement is expressly made subject to lhe Charters, ordinances, or orders of all District Meinber entities existing as of the effective date of this Agreement. This Agreement is perfomable in Brazos- County, Texas,.and the parties hereto agree that any action brought to enforce or interpret this Agreement shall be brought in Brazos County, Texas. 7.4. Succcssors and Assigns. This Agreemenl shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. No District nlenlber shall assign or subcontract this Agreement or any right, duty, or obligation hereunder, in whole or in past, without the express written consent of the remaining District Members. 7.5. Multiple copies. This Agreemenl shall be executed in multiple copies, each of wllich shall be deemed an original. IN Wl1'NESS Wl3EKEOl;, the parties have causcd this Agreement to be executed on Lhe day of ,2009. ATTEST: CITY OF BRYAN By: MARY LYNNE STRA'rTA, City Secretary MAM CONLEE, Mayor APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: JANIS HAMPTON, City Attorney DAVID WATICINS, City Manager ATTEST: CITY OF COI,I.,EGE STATION By: CONNIE HOOI<S, Cily Secrelary BEN WHITE, Mayor APPROVED: APPROVED: GLENN BROWN, City Manager ATTES'I': BRAZOS COUNTY, TEXAS By: KAREN MCQUEEN, County Clerk RANDY SIMS, County Judge January 14,2010 Workshop Agenda Item No. 6 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 on an update to the City Council related to 2010 Census activities and resolution in support of the 2010 U.S. Census. Recommendation(s): To direct staff to continue to support the efforts of the Census to provide an accurate count of population for the City. Staff recommends approval of the resolution Summary: This item is to update the City Council on a number of initiatives the Planning & Development Services Department has and will continue to be involved in for the upcoming Census and to approve a resolution in support of the Census efforts. 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. The Planning & Development Services Department has committed to assisting the Census in collecting an accurate count of people in College Station. The Department works yearly to update the Census Bureau on changes to city boundaries, new roads, and construction that would house new residents. This item will provide the Council with detailed information about activities the Department and the rest of the City staff and officials participates in and upcoming activities to support the 2010 Census. Budget & Financial Summary: IV/A Attachments: Census Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AFFIRMING THE CITY OF COLLEGE STATION'S SUPPORT OF AND PARTNERSHIP WITH THE 201 0 CENSUS. WHEREAS, the U.S. Census 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 foundation of om society and play an active role in American democracy; WHEREAS, The City of College Station is committed to ensuring every resident is counted; WHEREAS, more that $300 bilhon per year in federal and state fundmg is allocated to communities, and decisions are made on matters of national and local importance based on census data, includmg healthcare, community development, housing, education, transportation, social services, employment, and much more; WHEREtlS, census data determine how many seats each state will have in the U.S. House of Representatives as wcll as the redistricting of state legislatures, county and city councils, and voting districts; WHEWS, the 201 0 Census creates hundreds of thousands of jobs across the nation; WHERDiS, every Census Bureau worker talres a lifetime oath to protect confidentiality and ensurc that data identifying respondents or their household not be released or shared for 72 years; WHEFU!AS, a united voice from businesses, government, comrnunity-based and faith-based organizations, educators, media and others will allow the 2010 Census message -to reach a broader audience, providmg trusted advocated who can sparlr positive conversations about the 2010 Census; BE IT RESOI~VED BY THE cIm COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: Supports the goals and ideals for the 2010 Census and will disseminate 201 0 Census information to encourage participation. PART 2: ' Asks its affiliates and citizens to partner together to achieve an accurate and complete count. PART 3: Encourage people in College Station to participate in events and initiatiGes that wdl raise overall awareness of the 2010 Census and increasc participation among all populations. ADOPTED this 14th day of January, A.D. 201 0. City Secretary APPROVED: APPROVED: h!YOR January 14, 2010 Workshop Agenda Item No. 7 Bicycle, Pedestrian, and Greenways Master Plan To : Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning and Development Services Agenda Caption: Presentation, possible action, and discussion regarding adoption of the Bicycle, Pedestrian, and Greenway Master Plan. Summary: 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 a draft of 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 will provide a draft copy of the Bicycle, Pedestrian, and Greenways Master Plan as well as an overview of the document for preparation of a public hearing, presentation, possible action, and discussion regarding adoption of the Plan on January 28th. Budget & Financial Summary: IV/A Attachments: IV/A - Draft Plan will be provided at Workshop January 14, 2010 Workshop Agenda Item No. 8 Unified Development Ordinance Amendment - Municipal Industrial Facilities and Private Utility Buildings To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Plar~r~ing & Development Services Agenda Caption: Presentation, possible action, and discussion on a possible amendment to Chapter 12, "Unified Development Ordinance," Section 7.9, "Non- Residential Architectural Standards" and Section 11.2 "Defined Ternis" of the Code of Ordinances of the City of College Station, Texas related to architectural requirements for municipal industrial facilities and private utility buildings. Recommendation(s): To direct staff how to proceed with the possible amendment. The Planning & Zoning Commission considered this item at their regular meeting on November 19, 2009 and recommended denial by a (5-1) vote. Staff recommended approval. Summary: The proposed amendment would exempt mur~icipal facilities of an industrial nature and private utility buildings (such as equipment buildings at sub- stations) from the IYon-Residential Architectural (NRA) Standards contained in the City's Unified Development Ordinance (UDO). Currently the UDO includes an exemption for both public and private developments on industrial-zoned properties. Because municipal facilities and many private utilities are permitted in all zoning districts, it is unusual that such property carry an industrial zoning designation. The proposed amendment would allow these facilities to comply with the same standards that are in place for privately developed industrial facilities and could be expanded to exempt certain private utility buildings if adequately screened. The proposed amendment would exempt only those municipal facilities that are industrial in nature, such as a wastewater treatment plant or electrical substation. Non-industrial facilities, such as a municipal court or City hall would still be required to comply with the LIRA standards. The City Council briefly discussed this item in a workshop session in October, 2009. As a result of that discussion, staff has developed an approach for the Council to review City facilities in the project development / design stage so that design standards can be applied at the Council's discretion because of location or use, if necessary . Budget & Financial Summary: N/A Attachments: 1. Background BACKGROUND The following definition is proposed to be added to the City's Unified Development Ordinance to further describe what constitutes a municipal industrial facility: Industrial, Municipal: A municipal use or structure that serves a public need and is primarily engaged in the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, electricity, information, and telecommunication, including structures associated with private utilities; research and laboratory activities; warehousing and distribution; bulk storage facilities operation; storage and maintenance of service vehicles; cleaning of equipment; solid waste management; municipal recycling; public works yards, container storage; or similar activity. Ordinarily these areas have low parking turn-over, few pedestrians, but a large amount of truck traffic. c,.r-l. (.)I ~~0l.l.I~~~l~~ s~-Yl.l( )h (,jj/<' (!,/./>,y<i> ,.ic;~.,\! ( r;,~z:<.i.,,j(y MINUTES PLANNING AND ZONING COMMISSION Regular Meeting November 19, 2009, 7:00 p.m. City Hall Council Chambers 11OlTexasAvenue College Station, Texas COMMISSIONERS PRESENT: Acting Chairman Scott Shafer, Tom Woodfin, Paul Greer, Doug Slack, Mike Ashfield, and Hugh Stearns COMMISSIONERS ABSENT: Chairman John Nichols CITY COUNCIL MEMBERS PRESENT: John Crompton CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Lauren Hovde, and Matt Robinson, Graduate Civil Engineer Erika Bridges, Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Greenways Program Manager Venessa Garza, Planning Administrator Molly Hitchcock, Assistant Director Lance Simms, Director Bob Cowell, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh, and Administrative Support Specialist Brittany Caldwell Regular Agenda 9. Public hearing, presentation, possible action, and discussion regarding an amendment to the Unified Development Ordinance, Section 7.9 Non-Residential Architectural Standards and Section 11.2 Defined Terms regarding architectural standards for municipal facilities that are industrial in nature. Case #09-00500231 (JP) Senior Planner Jennifer Prochazka presented the ordinance amendment and stated that the proposed amendment would exempt municipal facilities of an industrial nature from the Non-Residential Architectural Standards contained in the City's Unified Development Ordinance. She said that currently the Unified Development Ordinance includes an exemption for both public and private developments on industrial-zoned properties. She also said that the City Council would determine if the facility would need to meet the Non-Residential Architectural requirements. Commissioner Steams stated that he was concerned that the proposed amendment would be abused. Commissioner Woodfin stated that the City needs to meet the same standards as the private sector. Acting Chairman Scott Shafer opened the public hearing November 19,2009 P&Z Regular Meeting Minutes Page 1 of 2 No one spoke during the public hearing. Acting Chairman Scott Shafer closed the public hearing. Commissioner Ashfield motioned to recommend approval of the ordinance amendment. The motion failed because of lack of a second. Commissioner Woodfin motioned to recommend denial of the ordinance amendment. Commissioner Stearns seconded the motion, motion passed (5-1). Commissioner Ashfield was in opposition. November 19,2009 P&Z Regular Meeting Minutes Page 2 of 2 January 14, 2010 Workshop Agenda Item No. 9 Community Development Mixed-Use Development Vision and RFP To : Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action, and discussion regarding the proposed request for proposals and general vision for an anticipated Community Development mixed- use project at 204-220 Holleman Drive. Recommendation(s): Staff requests that Council receive the presentation and provide any input or direction in this regard. Summary: In October 2009, Council approved the City's purchase of 6.1368 acres located at 204 - 220 Holleman Drive East for development as a targeted mixed-use project under the City's existing Community Development Program. The Request for Proposal (RFP) process aims to identify a development team to help finance, design and develop, and manage this exciting new project. Further, it intends to promote development in a low- income neighborhood and provide additional housing and job opportunities for low-to- moderate income households in the College Station. Budget & Financial Summary: N/A Attachments: Attachment 1 - Property Location Map Attachment 1 - Project Location Map - 204 - 220 Holleman Dr E January 14, 2010 Consent Agenda Item No. 2b Health District Cooperative Agreement To : Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on the Brazos County Health District Cooperative Agreement between the Cities of College Station, Bryan, and Brazos County. Recommendation(s): Staff recommends that Council approve the Cooperative Agreement. Summary: The Brazos County Health District Board has been working on a new Cooperative Agreement for the past three years. The board is made up of 2 members from the City of College Station (Mayor White and Councilmember Lyles), 2 from the City of Bryan, and 2 from Brazos County. The original Cooperative Agreement has been in place since 1984, and was last revised and readopted in 1995. One of the most significant changes in this agreement is to provide a defined funding formula for the 3 entities which results in each entity providing equal funding to the Health District. The City of Bryan approved this agreement at their December 15, 2009 City Council Meeting. Brazos County approved the agreement on December 29, 2009. Budget & Financial Summary: -the total FY 10 budget for the Health District is $2,197,134. The FY 10 City of College Station budget includes $351,500 for the Brazos County Health District. 'the City of Bryan and Brazos County will each be contributing the same amount as called for in the new agreement. The Health District also receives funds from the Department of State Health Services, and from service fees. Attachments: Brazos County Public Health District Cooperative Agreement BRAZOS COUNTY PUBLIC HEALTH DISTFUCT COOPERATIVE AGREEMENT This Agreeinent is entered into as of October 1, 2009, by and between the Cities of Bryan, Texas; College Station, Texas; and Brazos County, Texas. WHEREAS, by Coopcrative Agreement dated August 31, 1984, the Cities of Bryan, Texas, Collcgc Station, Texas and the County of Brazos, State of Texas (hereinafter referred to collectivcly as the "Parties") created the Brazos County Health District, commonly lmown as thc Brazos County Health Department, pursuant to the Texas Health and Safety Code $121.041; and WHEREAS, the Members govern the District thxough a "Cooperative Agreement;" and WHEKEAS, thc Cooperative Agreement was last revised and readopted by the Members in 1995; and WHEREAS, the Members have determined that the Cooperative Agreement again needs to be amended and restated to reflect current practices and to clarify certain provisions. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS that for and in consideration of mutual benefits herein expressed, the receipt of sufficiency is hcreby aclnowledged, the Members of the District do hereby amend and restate the Cooperative Agreement providing for the operation and maintenance of the Brazos County Health District in accordance with the following: 1. DEFINITIONS ACT means the Local Public Health Reorganization Act; Texas Health and Safety Code, Chapter 121. BOARD MEMBER means a person appointed by a District Member to serve on the Board of Health. DIRECTOR means the chief administrative officer of the Brazos County Health District. DISTRICT MEMBER illeans a municipality, a county, or other governmental entity which is a full participant in the Health District, llnless otherwisc specifically stated herein, the use of he term District Member refers to the class of mcmbers defined as a Full District Member. HEALTH AUTHORITY means the physician who is to adiniilister state and local laws relating to public health. HEALTH DISTRICT (hereinafter sometimes referrcd to as the "District") means the Brazos County I-Iealth District created hereby and established under Subchapter E, Chapter 121, Texas FIcalth and Safety Code to perform any public health function that any of its District Members may perform, unless otherwise restricted by law. BRAZOS COUNTY BOARD OF HEALTH (hereinafter soinetimcs referred to as "Board" or "Board of Health") means the Brazos County I-Iealth District's administrative board of directors appointed by the District Members to govern the operation of the District. PHYSICIAN mcans a person licensed to practice medicine by the Texas State Board of Medical Examiners. PUBLIC HEALTH SERVICES means those services provided by or performed by the Health District, including but not limited to, laboratory scrvices, clerical services, community health services, environmental health serviccs, educational services and accounting. 11. HEALTH DISTRICT 2.1. Establishment. This Agreement continues the operation of a public health district heretofore established pursuant to Chapter 12 1 of the Tcxas Health and Safety Code, Subchapter E Public Health Districts. The health district is known as the Brazos County Health District (hereinafter "Health District"). 2.2. Membcrship. The Health District shall have two classes of members: Full District Members and Limited Members. Full District Membership is open to Brazos County, Texas and municipalities .located in Brazos County, Texas. Limited Membership is open to school districts and institutions of higher education located in Brazos County, Texas. Full District Members shall have voting rights as more fully described in Section 3.6 hereof. Limited Members shall have the right to send one represcntative to Board of Health meetings and participate in any discussions at said mcctings, Limited Members shall not have the right to vote. 2.2.1. Full membership. At the time of the Amendment and Restatement of this Agreement, the followiilg governmental entities are admitted as Full District Members: Brazos County, Texas City of Bryan, Texas City of College Station, Texas 2.2.2. Subsequent admission. Any goverilnleiltal entity located in Brazos County, including a school district and institution of higher education, may apply for membership in the I-Iealth District. Thc governing body of each Full District Member shall review thc application, and the applicant shall be adnlitted to the Health District on the same terms available to other existing District embers in a particular class of members, 'if a majority of the governing body of each Full District Mcrnber approves the application. 2.2.2.1. Municipalities, if approved as provided herein, shall be admitted as Full District Members. Before a n~unicipality admitted as a Full District Mcrnber after the effective date of this Agreement may exercise any right or privilege under this Agreement, the municipality must file with the Health District a resolution of its governing body authorizing the execution (by an appropriate n~unicipal official), and agreeing to be bound by the terms of this Agreement. A newly-admitted municipality, together with the existing District Members shall exccutc an addendum which shall become a part of this Agreement. School districts and institutions of higher education, if approvcd as provided herein, may only be admitted as Limited Members. Before a school district or institution of higher education, admitted as a Limited District Member after the effective date of this Agrecment, may exercise any right or privilege under this Agreemcnt, the school district or institution of higher education must file with thc Health District a resolution of its scl~ool Board of Trustees or Board of Regents authorizing the execution (by an appropriate official) and agrceing to be bound by the ternls of this Agreement. A newly-admitted school district or illstitutioil of higher education, together with the existing District Members, shall execute an addendum which shall become a paif of this Agreement. 2.3 Expulsion and Withdrawal of District Member. 2.3.1 Withdrawal. Any District Member may withdraw from the District upon the unanimous vote of such withdrawing District Member's governing body. Notwithstanding the above, ally District Menlber shall be deemed to have withdrawn upon the failure of the District's governing body to appropriate funds for thc Health District. Should a District Member be deemed to have withdrawn as stated above, the District shall give written Notice of such withdrawal to the County Judge or City Manager, as appropriate, with an opportunity to cure such failure to contrib~~te within thirty (30) days of the date of such Notice. 2.3.2 Expulsion. A District Member may be expelled upon the unanimous vote of the Board and the governing bodies of all District Members (exclusive of the District Member to be expelled). 2.3.3 Contribution. Should a District Member withdraw or be expelled during a District fiscal year, such withdrawing or expelled District Member shall be bound and is hereby obligated to pay in fill1 that District Member's contribution for thc year of withdrawal or expulsion. 111. BOARD OF HEALTH 3.1 Creation. The administrative public health board, known as the Brazos County Board of Health (herein referred to as the ''Health Board" or "Board" or "Board of Health") heretofore established under the pl-ior Cooperative Agreement and in accordance with Section 121.046 of the Act shall serve as the administrativc health board governing the District. 3.2 Duties. The Board of Health may perforin any function relating to the operation of the Health District that is provided for under this Agreement. 'The Board of Health shall adopt substantive and procedural rules that are necessary and appropriate to promote and preserve the health and safety of the public. The Board of Health shall advise the District Director and the District Members on matters of public health, and retain ultimate authority for public health matters within the Health District. The Board of Health inay not adopt a rule that is not specifically authorized by State law, conflicts with a State law, or conflicts with a District Member ordinance or County order. Each Board Menlber shall bc responsible lor presenting and advocating on its behalf the District's contribution request through the budget process of the District Member the Board Membcr represents. The Board of Health shall determine the Icinds and Iiequencies or reports, other than as stated hereia, to be prepared by the District on an annual basis. 3.3 Composition. The Board shall consist of two representativcs from each of the Full District Members and one representative for each Limited Membcr. Each city council and the Commissioners Court will select two of its citizens, who may, but need not be an employee or an elected official of the appointing District Member. If the District Director is not a Physician, the Health Authority shall be an ex-officio representative on the Health Board. 3.4 Term. Board Members will serve two years except any Board Member cusrently scrving shall complete his current term and any consecutive tern1 for which hc is eligible. Each Board Member may be reappointed for four consecutive terms. In order to maintain continuity on the Board, each District Menlber agrees to stagger the appointment of its two duly appoiilted Board Members. For purposes of implementing this process on the date of this Amended and Restated Agreement, each District Menlber may, if necessary, shorten or lengthen by one year the term of one of its cui-sently sitting Board Members. 3.5. Qualification. 'I'he Board Mcmbcrs shall sei-ve subject to the following terms and conditions: 3.5.1 Residence. Each Board Member must have resided in the geographical area within the jurisdictioil of the governmental entities which are District Members for a period of three (3) years prior to his appointment. 3.5.2 No Compensation. Board Mcmbers shall serve without compensation. 3.5.3 Attendance. Attendance at Board Meetings is required. Failure to attend four consecutive Board nleetings without a valid reason will be grounds for automatic removal of a Board Member. Except for automatic removal specified herein, any action to remove a Board Member shall be undertalcen by the District Mcmbcr appointing such Representative. Thc District Member considering removal shall be the sole judge of the reason it chooses to remove its representative. 3.5.4 Vacancie>. In the event of a vacancy for any reason for the unexpired term of any Board Member, the vacancy shall be filled by appointment of the District Member which originally appointed the Board Mcmber who no longer serves. A District Member filling a vacancy shall fill that vacancy in the same manner and method provided for in the original appointment. Board Members appointed to fill an unexpired term shall serve until the end of the unexpired term. 3.6 Meeting Procedures. The Board of I-Iealth may adopt rules of conduct and proccdure not in conflict with this Agreement. 3.6.1 Officers. The Board of IIealth shall annually at the final meeting of the fiscal year elect a chairperson from the ranks of Board Members. The District Director shall serve as secretary to the Board. The Board may appoint such other officers as it may deem necessary. 3.6.2 Quorum. A quorum for meetings of the Board of I-Iealth shall be equal to at least three (3) Board Members representing at least two (2) District Members. Ex-Officio members of the Board shall not be countcd for purposes of determining a quorum. 3.6.3 Voting. The two representatives selected to represent one District Member shall have but one vote between them on all issues brought before the Board. In thc event one 01 the two representatives froin one District Mcmber is unable to attend a Board meeting, the representative present may cast that District Member's votc without the need of obtaining a proxy from the non-attending Board Member. Limited Members' representatives and any persoil sitting on the Board in an ex-orficio capacity shall have no vote. 3.6.4 Meetings. The Board of Health shall meet at least quarterly on a date dctcrinined by the Board, and may hold special meetings when called by the Chairpcrson. The Chairperson, or in hislher absence his designee, shall call a special meeting of the Board when requested to do so by two or more Board Members, other than Ex-Officio Board members. 3.6.5 Notice. The Board of Health shall comply with the notice and open meeting requirements of the Texas Open Meetings Act (currently Tex. Government Codc Section 551.001 et seq.). The District Director shall give notice of all mcetings of the Board of Health to each Board Member and the governing body of' cach District Member at least five (5) business days prior to each mceting, and shall post notice of a meeting at least seventy- two (72) hours before a meeting in a public place at the main office of the Health District, unlcss an emergency as defined by Section 551.045 of the Open Meetings Act exists, in which case two-hour notice shall suffice. 3.6.6 Action by the Board. The Hoard of tlealth shall take action by a simple majority of the total votes cast by the Board Mcmbers at a properly-called meeting at which a quorum is present, unless a greater percentage is required to take some specific action under this Agreement. 3.6.7 Parlianlentary Rules. Except for specific standing rulcs that may be adopted by the Board, "Robel-t's Rules of Ordcr" as set forth in the latest edition of Robert's Rules of Order Newly Rcviscd, will be I'ollowed at all meetings of the Board. 3.7 Director I3oa1.d Mcmbcrship. The Director shall serve as an ex-officio non-voting member of the Board. IV. ORGANIZATION 4.1 The Brazos County Health District shall be organized, subject to amendineilt by the Board from time to time, as diagramed below: Brazos County Health District Orgarlizatioilal C'hast Brezor Comity Board of Eeslth I Coordiuntor Director Duect~r Direrror I Health Henlrh .Irrirtonl h'ruser Specialill Health Education 4.2 Director Appointment. The Director shall serve as the chief administrative officer of the Health District. The procedure for the selection of the Director shall be as follows: a. The Director of the Brazos County Ilealth District shall be appointed by thc District Members upon recommendation by thc Board of Health. b. If the Director is.a licensed Physician, he shall also serve as the "Health Authority" for the District and will perform all duties as specified in the Act, and shall be subject to all the requirements and rules hereof. c. If the Director is ilot a licensed Physician, he shall appoint a qualified licensed Physician to serve as the "Health Authority" for the District subject to the approval of the Board Members. The Health Authority shall serve as an ex-officio Board Member. 4.3 Duties of the Director. The duties and responsibilities of the Director shall include, but not be limited to, the following: a. Thc Director shall be the chief administrative officer of the Health District. b. The Director shall be responsible for the preparation of all budget proposals and b~tdget requests for the District. The Director shall submit an annual proposed budget to the Board of Health which in t~un shall submit such budget to the financial departments of each District Member. c. The Director shall be responsible for all purchasing for the District and Board and shall conduct the same in the authorized and legal manner provided herein. d. The Director shall provide to all Board Members and the govenling body of each District Member notice of all meetings of thc Hcalth Board as provided herein. e. The Director shall perform all other duties and fitnctions inlposed on him as Director by the Board of Health or applicable state, federal and local laws, ordinances or regulations as they now read or as they are amended. f. The Director shall be an ex-officio (non-voting) member on the Board of Health, and serve as secretary to the Board. The Director shall record or talce minutes of each meeting of the Board. g. The Director shall assume responsibility for applying for and administering grants from the Federal and State government, as well as private sources. h. The Director shall be responsible for the preparation and submittal to the Board of I-Iealth of all statistical reports and the procurement and submittal of all Independent Auditor's Reports of Financial Statements. 4.4 Con~pensation of Director. The I-Iealth Board shall annually set the compensation of the Director (and Health Authority where necessary) when it approves the Health District budget. 4.5 Removal of Director, The Director may be removed from office by the unanimous vote of the Board Members for lack of satisfactory discharge of duties, alcoholism, drug abuse, and conviction of a felony, misappropriation of funds or property, embezzlement, physical or mental impairment (disability) which pernlanently prevents satisfactory discharge of duties. . . -.- 4.6 Chief Financial Officer. The Brazos County Auditor shall serve as the Chief Financial Officer of the District, subject to the Brazos County Auditor's consent, and at the Brazos County Auditor's discretion, with the approval of the District Judges (as that term is defined in Subchapter A, Chapter 84 of the Texas Local Government Code). V. FINANCES 5.1 Budget. The District Director shall each year submit a proposcd budget for the District's fiscal year, which shall be from October 1'' to September 3oth, to the Board of Health for its consideration. The budget shall be prepared in a format consistent with governmental accounting principles as promulgated by the Governmental Accounting Standards Board. The Board of Health shall each fiscal ycar approve a prelimi~lary budget for the Health District for the upcoming fiscal year by May 30th. The budget approved by the Board of Health shall be sufficient to provide for the payment of expenses necessary for the operation of thc Health District including the following items: (I) staff salaries; (2) supplies; (3) suitable office space; (4) health and clinic centers; (5) health service and facilities; (6) maintenance; (7) travel and education costs; and (8) other necessary costs for thc operation of the District. The budget shall also show all laown or anticipatcd sources of revenue and the proposed contribution amount of each District Mcmber based upon the formula outlined in Paragraph 5.6 hereof, lJpon the approval of the Board of Health, the preliminary budget shall be submitted, no later than Junc 1" by the Board Members, to the goveriling body of their respective District Membcrs for approval. The Board of Health shall approve a final budget during the month of Septcmber to be effective October 1". A public hearing on the final budget shall bc held on the same day set for the meeting of the Board of Health to approvc such final budget. The Board shall only amend the budget in the same manncr that it adopted the original budget. 5.2 Approval of Expenditures. The Director has the authority to approvc all expenditures less than or equal to $5,000.00 as long as the expenditure does not requirc an amendment to the District budget. No expenditures will be approved unlcss there are adequate budgeted funds within the appropriate category to support the expenditure. All budgeted expenditures greater than $5,000.00 will be approvcd by the Board Chairman or his or her designee and brought to the Board for formal review and approval at the next Board meeting after such expenditure is made. All contracts and grants, except those of a nonfinancial nature and certain State contracts, as set foi?h in the District's Budget and Expenditure Authorization Policy Statement, shall be brought before the Health Board for its approval. The Board Chairman shall execute all District contracts, except those of a non-financial nature and certain State contracts, as provided above, which shall be executed by the Director. 5.3 Statistical Report. A Statistical Repoi-t which shall include a statistical summary of thc Health District's activities in the most recent fiscal year, and such other matters deemed appropriate by the Board of Health shall be prepared and presented to the Board at its quarterly nleetillgs. 5.4. Annual Audit. Thc Board shall authorize the hiring of a qualified firm or individual, licensed topractice as a certified public accountant or firm by the State Board of Public Accountancy, to audit the financial records of the ~ealth ~istrict and prepare financial statements in accordance with Governmental Accounting & Financial Reporting Standards (GAFR) published by GASB. A copy of the most recent Independent Auditor's Report of Financial Statements shall be scnt to the governing body of each of the District Members no later than May 3 1 st of the year following the year covered by such repol?. 5.5 Accounts. The District's accounts shall be maintained in a separate f~~nd within the financial system of Brazos County. All illcome to the District will be maintained in appropriate accouilts in accordance with Generally Accepted Accounting Principles. Appropriate records of all income and disburseinents fiom these accounts will bc lccpt by the District. Summary records shall be reviewed and approved by the Board quarterly. No appropriatioil of money from these accounts shall be made unless unanimously approved by the Board. 5.6 District Member Contributions. Each District Member shall annually budget for and contribute its propoi-tionate share of funding as described below to the District to be held in the accounts described in Paragsap11 5.5 above. Contributions are payable monthly but in no event less often than quai-terly. The District Membcrs agree that funding for District Members shall be equal to one-third (113) of the budgetcd cash amounts of the District for the next fiscal year. Brazos County shall, until agreed otherwise in writing, contribute in addition to its one-third of the budget amount, the current District's physical facilities including utilities and janitorial services, auditing services, accounting services, purchasing services and human resources services, and inclusioll of District enlployees in the County's retiremcnt, health insurance and worlcer's compensatioll progralns and provide general liability and crrors and on~issions liability insurance coverage pursuant to the County's then current insurance policy insurii~g against rislcs and claims arising out of the operation of the District, without charge to the District. 5.7 Fund Balance. All unencumbered funds at the close of a fiscal year shall be deposited into the District's Fund Balance to be designated for use for public health services mutually beneficial to each District Member or shall be used to reduce budgct contributions of the District Members in the following fiscal year. No appropriation of money for such later use shall be made unless unanimously approved by all District Members. All payments made to the District shall be from current revenues of cach District Member. 5.8 Invoice. Premised upon the approval of the Budget by the Board and the governing body of each District Meinber of its coiltribution amount for the next succeediilg year, the Director shall send an invoice to the appropriate financial department of each District Member, setting forth the cash contribution due and owing for that budget year. Each District Member's contribution shall be paid monthly or at the District Member's election, quarterly. VI. DISSOLUTION 6.1 Events Initiating; Dissolution. The District shall dissolvc and its affairs shall be wound up on the first to occur oi'the following: a. the written conscnt of all District Members; b. the failure of a District Member to make its annual contribution unlcss the business of the District is continued by the consent of all remaining District Members; c. failure of District to fulfill its legal requirements in order to maintain its affiliation with the Texas Depai-tment of State Health Services. 6.2 Liquidation Process. On dissolution of thc District, the Director shall act as liquidator. The Director shall proceed diligently to wind up the affairs of the District and inalte final distributions as provided herein. The costs of liquidation shall be borne as a District expense and shall be paid out of the District's available accounts as described in Paragraph 5.5 above. Until final distribution, the Director shall continue to operate the District properties with all of the power and authority of the Director. The steps required to liquidate the District arc as follows: 6.2.1 Accounting. As promptly as possible after an cvcnt of dissolution and again after final liquidation, the Director shall cause a proper accounling to be made by a recognized firm of certified public accountants of the District's assets, liabilities, and operations through the last day of the calcndar month in which the event of dissolutioil occurs or the final liquidation is completed, as applicable. 6.2.2 Notice. The Director shall cause the notice of such dissolution to be mailed to each ltnown creditor of the District. 6.2.3 Liabilities. The Director shall pay, satisfy or discharge from District funds all of the debts, liabilities and obligations of the District (including, without limitation, all expenses incurred in liquidation) or otherwise inalte adequate provision for payment and discharge thereof (including, without limitation, the establishment of a cash escrow fhd for contingent liabilities in such amount and for such term as the Director inay reasonably determine). To the extent the District's liabilities exceed its assets, the District Members shall, in equal shares, contribute an amount sufficient to discharge such liabililies. 6.2.4 Assets Remaining. All remaining assets, if any, of the District shall be distributed to lhe District Members as follows: 6.2.4.1 In Kind Contributions. All assets which were originally received by the District as in-kind contributions and which are still in the possession of the District at the time of final distributioils shall be returned to the contributing District Member. 6.2.4.2 Sale. All remaining property and assets shall be distributed equitably among the Llistrict Members pursuant to terms of a written mutual agreement. A dollar value representing the value of propei-ty received by each Meinber through the distribution process in this subparagraph 6.2.4.2 (the "Individual Deduction Amo~mt") shall be allocated to each party. If the District Members are unable to negotiate an agreement for the equitable distribulion of all or any of the remaining propei-ty, such reillailling property shall be sold by sealed bid or auction in accordance with applicable laws. The proceeds of such sale and/or auction will be distributed equitably among the District Members as follows: the total value of proceeds received from sale and/or auction shall be added to the total value of propei-ty distributed to the parties under this subparagraph 6.2.4.2 (the '"Total Gross Value"); the Total Gross Value shall be divided by the number of District Members participating at the time of dissolution (the "Individual Gross Ainouilt Due"); each District Member shall be paid (or reimburse, as appropriatc) the difference between the Individual Gross Amount Duc and such party's Individual Deduction Amount. 6.2.4.3 Surplus Property. To the extent allowed by applicable laws governing the disposal of surplus property, the parties may agree to donate items of personal propei-ty to authorized entities. 6.2.5 In-Kind Contributions. All distributions in kind to the District Members, as set forth in Paragraph 6.2.4.2 above, shall be made subject to the assumption of liability of each recipient Member for costs, expenses, and liabilities associated with such asset theretofore incurred or for which the District has committed prior to the date of distribution. The distribution of cash and/or property to a District Member in accordance with the provisions of this section constitutes a complete distribution to the District Member of all the District's propei-ty and constitutes a compromise to which all District Members do hereby conscnt. 6.2.6 Applicable Law. All actions shall be exercised in accord with existing local, state, and federal law, rules and regulations as they pertain to the termination of personnel, propei-ty and the respoilsibility to provide for services. VII. MISCELLANEOUS 7.1. Effective date. This Agreement, as amended and restated, is effective when approved by the governing body of all District Members, and signed by the appropriate officer of each governing body. 7.2. Entire a~reement; modifications severability. This Agreement supersedes all prior Agreements relating to the subject matter herein and contains the entire understanding of the parties hereto relating to the subject matter contained herein. This Agreement may not be modified or amended without a writtcn agreement approved by the governing bodies of each of the District Members. The section headings herein are for convenience and reference, and are not intended to define or limit the scope of any condition, term, or provision of this Agreement. If ally provision of this Agreement is held to be invalid for any reason, the remainder of the Agreement shall continue in full effect. 7.3. Governinp; law and venue. This Agreement is governed by the laws of the State of Texas and the Federal government, and should be construed to carry out the intent of the Loclrl Public Healtl~ Heorga~zizntion Act, Chaptcr 121 of the Texas Health and Safety Code. This Agreement is expressly made subject to the Charters, ordinances, or orders of all District Member entities existing as of the effective date of this Agreement. This Agreement is performable in Brazos C-ounty, Texas, and the parties hereto agree that any action brought to enforce or interpret this Agreement shall be brought in Brazos County, Texas. 7.4. Succcssors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. No District n~enlber shall assign or subcontract this Agreement or any right, duty, or obligation hereunder, in whole or in part, without the express written consent of the remaining District Members. 7.5. Multiple copies. This Agreement shall be executed in multiple copies, each of wllich shall be deemed an original. IN WI'I'NESS WHEREOF, the parties have ca~ised this Agreement to be executed on the day of ,2009. ATTEST: CITY OF BRYAN By: MARY LYNNE STRA'IVfA, City Secretary MARK CONLEE, Mayor APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: JANIS HAMPTON, City Attorney DAVID WATICINS, City Manager ATTEST: CITY OF COI,I,EGE STATION By: CONNIE HOOICS, City Secretary BEN WHITE, Mayor APPROVED: APPROVED: GLENN BROWN, City Manager ATTEST: BRAZOS COUNTY, TEXAS By: ICAREN MCQTJEEN, County Clerk RANDY SIMS, County Judge January 14, 2010 Consent Agenda Item No. 2c Arrington-Decatur Conservation Containment Fence Project Advanced Funding Agreement To : Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion on a resolution for an Advanced Funding Agreement (AFA) between the City of College Station and the Texas Department of Transportation (TxDOT) for the Arrington-Decatu r Conservation Containment Fence project. Recommendation(s): Staff recommends approval of the resolution. Summary: During the construction of State Highway 40 between State Highway 6 and Wellborn Road, the Texas Department of Transportation (TxDOT) purchased a conservation easement from Mr. Tim Crowley in an effort to mitigate the environmentally sensitive areas disturbed and destroyed during the construction of the roadway. The boundaries of this easement, which also align with the boundaries of the property, are shown in the attached figure. In general, the easement and property are bounded by Decatur Drive, Arrington Road, William D. Fitch and the Castle Rock subdivision. Naturally occurring wetlands exist on this property as well as the endangered Navasota Ladies' Tresses. Several individuals in the community spend a considerable amount of time identifying and electronically marking the locations of this endangered plant. Approximately three years ago, Mr. Crowley dedicated this property, and other greenway areas, to the City of College Station. However, TxDOT retained control and ownership of the conservation easement. In an effort to ensure the property owned by the City of College Station and the easement owned by TxDOT are not damaged or adversely impacted in the future, U.S Fish and Wildlife is requiring that the easement be clearly defined and access restricted to this protected area. Therefore, the City and TxDOT are partnering to construct a barbed wire fence around the property. The dashed line on the attached map shows the location of the proposed fence. The solid double line on the attached map indicates the location of an existing fence constructed by the developer of the Castle Rock Development. The purpose of the fence is to maintain the integrity of the conservation easement and further protect the endangered IVavasota Ladies' Tresses by keeping unauthorized persons from entering the conservation area, and to prevent future development from encroaching on the property. The City Council is being asked to approve a resolution for an AFA with TxDOT, which is required by the State for any construction activities or miscellaneous improvements performed within TxDOT right-of-way or easements. There are no payments to TXDOT associated with this AFA. TxDOT will reimburse the City of College Station 50°/o of the construction co.sts once the project is constructed. Budget & Financial Summary: The current construction cost estimate for the Arrington- Decatur Conservation Containment Fence is $28,000. The project budget is $100,000, of which $15,036 has been expended or committed to date, leaving a balance of $84,964. Attachments: 1. AFA 2. Resolution 3. Location map CSJ: 0540-08-002 District: I7 (Brvan) Code Chart 64: 09050 (College Station) Project: RW 540-8-2 STATE OF TEXAS 8 COUNTY OF TRAVIS 8 LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For State Participation in an Off-System Fencing Contract THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the CitV of College Station, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201 .I03 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 101588, authorizing the State to undertake and complete a highway improvement generally described as construction of a new location non-freewav facilitv including the purchase from an adiacent landowner of a conservation easement necessarv to mitigate the loss of habitat of the Navasota Ladies-tresses, an endangered plant found within the limits of the new highway right of way, and, WHEREAS, the original owner of the property containing the conservation easement has transferred ownership of this property, along with all the responsibilities to protect and maintain this easement as Navasota Ladies-tresses habitat, to the Local Government, and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment "A for the construction of a perimeter fence to delineate and protect this easement as shown on the location map in Attachment "B", hereinafter referred to as the Project. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page 1 of 10 Revised 0711 012009 CSJ: 0540-08-002 District: 17 (Brvan) Code Chart 64: 09050 (Collese Station) Project: RW 540-8-2 'I. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The Project scope of work includes the design and construction of a fence around the perimeter of the previously purchased conservation easement as shown on Attachment "B". Local Project.Soilrces and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" whict-I is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Government is responsible for 100% of the cost of any work pelformed under its direction or control before the federal Letter of Authority is formally issued. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Goverrlment must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Deparfment of Transporfation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an ernployee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government-is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement, e. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be AFA-AFA-Long Gen Page 2 of 10 Revised 0711 012009 CSJ: 0540-08-002 District: I7 IBrvan) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 promptly paid by the owing party. The State will not pay interest on any funds provided by the Local Government. f. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Government prior to completion of the project. g. If the project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC s15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. h. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. i. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. j. Payment I-lnder this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties; b. the Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or c. either party elects not to provide funding after the completion of preliminary engineering, specifications and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreenient shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's AFA-AFA-LongGen Page 3of 10 Revised 0711 012009 CSJ: 0540-08-002 District: I7 (Brvan) Code Chart 64: 09050 (Colleae Station) Project: RW 540-8-2 failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Enviror~mental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all. projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 'lo. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable Local Government's design standards, standard specifications, special specifications and special provisions related thereto. In procuring professional services; the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. AFA-AFA-Long Gen Page 4 of 10 Revised 0711 012009 District: 17 (Brvan) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 I I. Construction Responsibilities a. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, the State will be given the opportunity to review contract change orders that will result in an increase in cost to the State. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of the project upon completion of construction. j3. Right of Way and Real Property The State is responsible for the provision and acquisition of anyneeded right of way or real property. 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: Glenn Brown City Manager, City of College Station P.O. Box 9960 College Station, TX 77842-9960 State: Robert A. Appleton, P.E. Director of Transportation Planning and Development 1300 North Texas Avenue Bryan, Texas 77803-2760 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. AFA-AFA-LongGen Page 5 of 10 Revised 0711 012009 CSJ: 0540-08-002 District: 17 (Bryan) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the Local Government shall remain the property of the Local Government. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in ,the format directed by the State. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall corrtply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR s18.36 and with the property management standard established in Title 49 CFR s18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this cor~tract or until any impending litigation, or claims are resolved. Additionally, the State, the AFA-AFA-LongGen Page 6 of 10 Revised 0711 012009 District: 17 (Bryan) Code Chart 64: 09050 (Colleae Station) Project: RW 540-8-2 Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local Government is performing any work, either directly or through a contractor, it must comply with the following provisions. If a Local Government is receiving ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the sectiorl previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 151 5(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report montlily err~ployment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA-1589, Monthly Emplovment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. AFA-AFA-LongGen Page 7 of 10 Revised 0711 012009 CSJ: 0540-08-002 District: 17 (Brvan) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and .the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OM6 Circular A-I 33. Whenever funds from the American ARRA are distributed to a Local Government, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC), as required by OM6 Circular A-133, and separately identify any ARRA expenditures for Federal Awards. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 1 1375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the DisadvantagedIMinority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, each party certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or .purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. AFA-AFA-LongGen Page 8 of 10 Revised 0711 012009 CSJ: 0540-08-002 District: 17 (B~an) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Merr~ber of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. 51 352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. lnsurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fl-lily executed copy of the State's Form 1560 Certificate of lnsurance verifying the existence of coverage in the amounts and types specified on the Certificate of lnsurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 29. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating andlor carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice lblullenix Director of Contract Services Texas Department of Transportation Date AFA-AFA-LongGen Page 9 of 10 Revised 0711 012009 CSJ: 0540-08-002 District: I7 (Bryan) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 THE LOCAL GOVERNMENT CITY OF COLLEGE STATION By: Mayor Date: ATTEST: City Secretay Date: APPROVED: City Manager Date: Chief Financial- Officer -- - -- .. - Date: Page 10 of 10 Revised 0711 012009 District: 17 (Bryan) Code Chart 64: 09050 (College Station1 Project: RW 540-8-2 ATTACHMENT A Resolution or Ordinance Page 1 of 1 Attachment A CSJ: 0540-08-002 District: 17 (Bryan) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 ATTACHMENT B Legelid Exlstill~ Fence X-;i- Proposed Fence Attachment B Location Map SH 4D Conservation Easement Brazos County, Texas Page 1 of 1 Attachment C District: I7 (Brvan) Code Chart 64: 09050 (Colleae Station) Project: RW 540-8-2 ATTACHMENT C Project Budget and Description of Work The State will participate in the Local Government's project to construct a perimeter fence around the Navasota Ladies-tresses conservation easement as shown in Attachment B. The State's participation will be in the form of a reimbursement to the Local Government for 50% of the actual construction cost of the Project. For the purpose of this agreement, construction costs are limited to the actual cost of labor, equipment and materials necessary to complete the project as designed by the Local Government and approved by the State and as bid by the Local Government's contractor. The estimated participation of each party in this Project is shown below: It is further understood that the Local Government will include only those items for the improvements necessary to complete the Project as shown in the approved construction plans and approved change orders. This is an estimate only. The State will base its final reimbursement on the actual items of work completed at the unit prices bid by the Local Government's contractor. Total Estimate Cost Payments by the State Page I of 2 Federal Participation % I Cost Page I of I Attachment C State Participation % I Cost Preparation of Construction Docunlents Contract Administration and Construction Construction Costs Subtotal Direct State Costs (including plan review, inspection and oversight) Indirect State Costs (no local participation required except for service projects) TOTAL Local Participation % I Cost 0% 0% 50% 0% 0% CONSTRUCTION COSTS $ $ $100,000 $ $0 $0 $50,000 $ NIA N/A $50,000 0% 0% 0 % $50,000 100% 100% 50% 0% 0% $0 $0 $0 $ $ $ $50,000 $ NIA NIA $0 $0 Waived Waived 0% $1 00,000 $0 CSJ: 0540-08-002 District: 17 (Bryan) Code Chart 64: 09050 (Colleqe Station) Project: RW 540-8-2 The Local Government will submit to the State a request for reimbursement to the State's point of contact listed in Item 14 in the agreement. If the request is found to be correct and accurate, the State will reimburse the Local Government for 50% of all eligible construction costs as defined above. The State will reimburse the Local Government within 30 days of receipt of the request for reimbursement. The State will not make reimbursements to the Local Government more often than once per month. The State will make its final reimbursement only after the work has been completed and accepted by the Local Government and the State and the Local Government has prepared its final determination of cost. The State will not reimburse the Local Government for any work not included in the approved construction drawirlgs unless the work has been added to the Project by change order. Change orders that increase the State's participation in the Project must be approved by the State prior to the work being done. Page 1 of 1 Attachment C RESOLUTION NO. A RESOLUTION OF 'I'HE CI'IY COUNCIL OF '1'HE CI'I'Y OF COLLEGE STATION, TEXAS, ALLOWING 'THE MAYOR TO SIGN AN ADVANCE FUNDING AGREEMENT BE'lWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLLEGE STATION FOR CONSTRUCTION OF THE ARRINGTON-DECATUR CONSERVATION CONTAINMENT FENCE. WI-IEREAS, the City Council of the City of College Station, Texas, supports the City plan to construct the Arritlgton-Decahtr Consenration Fencc I'roject consisting of a containment fence in the Arrington and Decah~r Drive area; and WHEREAS, the City Council of the City of College Station, 'l'exas, agrees to find the Arrington- Decatur Consen~ation Containment Fence Project 100% of the valuc of the project with 50% of the consttuction costs being reimbursed by the Tcsas Dcpartmcnt of Transportation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF 'I'HE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approvcs the Advance Funding Agreement. PART 2: That the City Council hereby approvcs of the Mayor signing the agreement. PART 3: That the City Council hereby agrees to fully fund the Arrington-Decatur Consei-vation Containment Fence construction costs with 50°/o of the construction cost being reimbursed by the Texas Department of Transportation to the City of College Station. PART 4: 'Shat this resolution shall taltc effect immediately from and after its passage. ADOPTED this 14th day of Januaql, A.D. 2010. ATTEST': APPROVED: City Secreta~y MAYOR Arrington-Decatur Conservation Containment Fence Project Location Map January 14, 2010 Consent Agenda Item No. 2d Resolution Determining Need (Easement Acquisition) Land Acquisition - Wells Project 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 to connect the properties on which Water Well #8 and Water Well #9 will be located. This is part of the Land Acquisition - Wells Project, which provides for the purchase of land for Well Sites #8, #9 and #lo. Recommendation(s): Staff recommends Council approval of the Resolution. Summary: A forty eight foot (48') wide utility easement and a thirty foot (30') wide temporary construction easement will be utilized to install a water pipeline system from Well Site #8 to Well Site #9. In addition, a maintenance / access roadway and electric facility will need to be installed alongside the pipeline. Water Well #8 is under construction and preliminary plans call for construction of Water Well #9, the pipeline and roadway in 2011 or 2012. Budget & Financial Summary: Funds in the amount of $6,667,217 are budgeted for this project in the Water Capital Improvement Projects Fund. $4,853,949 has been expended or committed to date, leaving a balance of $1,813,268 for future land expenditures. Attachments: 1. Resolution Determining Need 2. Project Map - Attachment to Resolution 3. Project Vicinity Map RESOLUTION NO. RESOELTTION DETERMINING NEED 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, RIGI-IT-OF- WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE LAND ACQUISITION - WELLS PROJECT; (2) A DECLARATION TI-IAT 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 system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city water 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 Lo carry out the ownership, operation, construction, repair, and maintenance of its water 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 WIEREAS, the City is engaged in the following project regarding the acquisition of land for Well Sites #8, #9 and #lo, including the purchase of land and easements to facilitate development, production and maintenance of the well sites, Land Acquisition - Wells (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 install water lines (whether one or more), access facilities, related equipment, communication lines, electric lines and an access / maintenance roadway, 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. PAR'I' 2: That the City Manager is hereby authorized to contract, on behalf of thc 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 opinioils 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 compensatioil for the Right-of-way and Easements. PART4: After consideration of said recommendation, the City Manager shall establish and approve the amouilt determined for acquisition of the Right- of-Way and Easements. PART 5: Upon establislunent 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 property owners for the acquisition of such interest at the fill1 amount deteimined 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 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 propet-ty acquired in connection with this Project. PART 9: That this resolution shall take effect irnnlediately fiom and after its passage. ADOPTED this day of , A.D. 2010. ATTEST: APPROVED: City Secretary MAYOR APPROVED: L4ePh a City Attorney EXHIBIT "A" TO RESOLUTION DETERMINING NEED Being a forty eight foot (48') wide Permanent Utility Easement and a thirty foot (30') wide Temporary Construction Easement extending across the following tract of land, the alignment of said easements being generally depicted by the attached project map. Tax ID R16093, R15242, R15267 and R13373 Property Owner (current of former) Ruth Davis ICutzschbach and the William E. I<utzschbach Trust Legal Description All that certain tract or parcel of land containing 478.69 acres, more or less, out of the John Smith League, Abstract No. 209, the Moses Hughes League, Abstract No. 135, the Robert HenXy League, Abstract No. 138 and the Francisco Ruiz League, Abstract No. 48, Brazos County, Texas, being the same land described in deed dated March 3, 1955, from Read Wipprecht, et al, to W. E. ICutzschbach and wife, Ruth D. ICutzschbach, recorded in Volume 167, Page 473 of the Deed Records of Brazos County, Texas. Draft 1 2- 1 8-09 STATE OF TEXAS 9 8 INTERLOCAL COOPERATION AGREEMENT COUNTY OF BRAZOS 5 This lnterlocal Cooperation Agreement (the "Agreement") is made by and between the City of College Station, Texas ("College Station"), and the City of Bryan, Texas ("Bryan"), acting by and through their respective authorized representatives, pursuant to Chapter 791, Texas Government Code, as amended. The Cities of College Station and Bryan are collectively referred to herein as the "Cities" or the "Parties" and each is individually a "City or a "Party". RECITALS: WHEREAS, the Cities previously entered into that certain BVSWMA Joint Solid Waste Management Agreement dated May 9, 1990, as amended by that certain BVSWMA First Amended Joint Solid Waste Management Agreement dated May 3,2000, and as further amended by that certain BVSWMA First Supplement to Joint Solid Waste Management Agreement dated May 29, 2003, ("collectively referred to as the "BVSWMA Agreement") relating to the joint use and operation of certain solid waste assets and landfill facilities of the Cities by a regional solid waste agency known as the Brazos Valley Solid Waste Management Agency ("BVSWMA"); and WHEREAS, the Cities have jointly operated the BVSWMA as undivided one half interest owners pursuant to the BVSWMA Agreement for several years; however, disputes and disagreements have arisen between the Cities resulting in a mediated settlement and a certain Memorandum of Understanding related thereto; and WHEREAS, to resolve the disagreements and disputes and pursuant to that Memorandum of Understanding, the Cities have decided to jointly create a local government corporation under Subchapter D of Chapter 43 1, Texas Transportation Code (the "Act"), to be known as the Brazos Valley Solid Waste Management Agency, Inc. (the "Corporation"), which will finance, construct, own, manage and operate the BVSWMA and to which the assets originally contributed by the Cities under the BVSWMA Agreement will be transferred along with other assets of either City as agreed from time to time subject to appropriate agreements; and WHEREAS, it is the intention of the Cities that this Agreement set forth the general process for: (i) the creation of the Corporation; (ii) the development of agreements regarding the transfer of the assets of the BVSWMA to the Corporation; (iii) the development of agreements regarding the reimbursement of debt associated with the assets of the BVSWMA; (iv) the development -of agreements regarding the- operation of 'the Corporation; and (v) any other agreements related to the financing, operation and management of the BVSWMA to be provided jointly by the Cities through the Corporation; and WHEREAS, subsequent to the execution of this Agreement, the Cities intend to execute one or more agreements including but not limited to an "Operation Agreement" with the INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN CITIES OF COLLEGE STATION AND BRYAN, TEXAS FOR BVSWA- Page 1 Draft 12- 1 8-09 Corporation under which each City will approve the specifics of each City's capital contribution to the Corporation in exchange for the right to use the BVSWMA and an "Asset Transfer and Debt Reimbursement Agreement" regarding the transfer of the assets of the BVSWMA; and WHEREAS, it is the intention the Cities that each City shall equally share in the financial assurances for the operation and liabilities of the Corporation; and WHEREAS, the Cities agree that, to the extent any payments are required hereunder, such payments shall be from current revenues or other lawful funds available to the paying party. NOW THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth herein and other valuable consideration the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: Article I Purpose The purpose of this Agreement is to describe the process for the creation of the Corporation and the development of agreements related to the financing, operation and management of the BVSWMA to be provided jointly by the Cities through the Corporation, and to evidence the agreement of the Cities to jointly establish a local government corporation under Subchapter D of Chapter 43 1, Texas Transportation Code (the "Act"), to be known as the Brazos Valley Solid Waste Management Agency Inc. to own, operate and manage and the BVSWMA. Article I1 Creation of Local Government Corporation 2.1 The Cities will jointly create the Corporation under the Act for the purpose of establishing joint ownership, operation and use of the BVSWMA in accordance with the terms and provisions of this Agreement. To this end, the Cities agree to have prepared and formally approve by ordinance or resolution of their respective City Council, and to cause to be filed with the Texas Secretary of State, the Articles of Incorporation of the Corporation (the "Articles") to be mutually approved by the Cities. The Corporation following its formation shall be governed by bylaws (the "Bylaws") also to be mutually approved by the Cities. 2.2 The Articles and Bylaws shall provide for the a Board of Directors consisting of seven (7) members, with the City Council for each City appointing three (3) members, and the seventh (71h) member to be selected by an approved process to be set forth in the Articles. The Articles and Bylaws shall set forth the qualifications and terms of office for the Directors 2.3 The Articles shall provide that the Corporation shall have all of the powers provided by law as a non-profit corporation and a local government corporation under the Act with the authority to generally do anything reasonable and necessary relating to the management and operation of municipal solid waste landfills, inclusive of composting operations, and recycling. The Articles may also provide for certain powers to be reserved to the Cities, which INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN CITIES OF COLLEGE STATION AND BRYAN, TEXAS FOR BVSWA- Page 2 Draft 12-1 8-09 may include approval of amendments to the Articles and Bylaws and the issuance of debt by the Corporation. 2.4 The Article and/or the Bylaws shall provide that the Board of Directors of the Corporation shall have the authority to select an Executive DirectorJChief Executive Officer. Article I11 Asset Transfer and Debt Reimbursement Agreement Upon creation of the Corporation, the Cities agree to negotiate in good faith and enter into an Asset Transfer and Debt Reimbursement Agreement with the Corporation that will set forth various terms and conditions relating to the transfer of the BVSWMA assets and permits, (including any other assets as may be agreed by the Cities) to the Corporation and any debt reimbursement related to the transfer of BVSWMA assets. Article IV Operation Agreement Upon creation of the Corporation, the Cities agree to negotiate in good faith and enter into an Operation Agreement with the Corporation to provide for the operation and management of the Corporation, including contracting for the use of City employees, and the transition of such personnel as employees of the Corporation. Article V Settlement of Litigation The Cities agree, that concurrent with the transfer of the BVSWMA assets to the Corporation that each City shall take all necessary action to dismiss with prejudice any and all claims that either City against the other City in City of Bryan, Texas v. City of College Station, Texas Cause No. 08-02 1626-CV-272 in the 272nd District Court of Brazos County, Texas. Article VI Miscellaneous 6.1 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, by hand-delivery or facsimile transmission and addressed to the respective party at the following address: INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN CITIES OF COLLEGE STATION AND BRYAN, TEXAS FOR BVSWA- Page 3 Draft 1 2- 1 8-09 If intended for City of College Station: City of College Station, Texas Attn: Ben White, Mayor 1 10 1 Texas Avenue College Station, Texas 77840 With copy to: If intended for City of Bryan: City of Bryan, Texas Attn: D. Mark Conlee, Mayor 300 South Texas Avenue Bryan, Texas 77803 With copy to: City Attorney City Attorney 6.2. Governing. Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Brazos County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 6.3. Entire Agreement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 6.4. Exhibits: All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 6.5. Recitals: The recitals to this Agreement are incorporated herein. 6.6. Amendment: This Agreement may be amended by the mutual written agreement of all parties hereto. 6.7. Severability: In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 6.8. Counterparts: This Agreement may be executed in any number of counterparts, each ofwhich shall be deemed an original and constitute one and the same instrument. 6.9. Legal Construction: In the event any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN CITIES OF COLLEGE STATION AND BRYAN, TEXAS FOR BVSWA- Page 4 Draft 12- 18-09 invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.10. Assignment: Neither Party may assign this Agreement without the prior written consent of the other Party. 6.1 1. Consents: Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay or deny such consent or approval. 6.12. Good Faith Negotiation; Dispute Mediation: Whenever a dispute or disagreement arises under the terms of this Agreement the Parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved, the Parties shall refer the matter to outside mediation prior to engaging in litigation. 6.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination ofthis Agreement shall survive termination. 6.14 Termination. The Agreement shall become effective on the last date of execution hereof (the "Effective Date") and shall continue on an annual basis until each City has fully satisfied its respective obligations hereunder, unless sooner terminated as provided herein. This Agreement may be terminated by the mutual written agreement of the parties, or by either Party in the event the other Party breaches any of the terms or conditions of this Agreement and such breach is not cured within sixty (60) days after written notice thereof. (Signature page to follo w) INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN CITIES OF COLLEGE STATION AND BRYAN. TEXAS FOR BVSWA- Page 5 Draft 1 2-1 8-09 EXECUTED this day of ,2009. CITY OF COLLEGE STATION, TEXAS By: Ben White, Mayor APPROVED AS TO FORM ATTEST: By: By: City Attorney City Secretary EXECUTED this day of ,2009. CITY OF BRYAN, TEXAS By: D. Mark Conlee, Mayor APPROVED AS TO FORM ATTEST: By: By: City Attorney City Secretary INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN CITIES OF COLLEGE STATION AND BRYAN, TEXAS FOR BVSWA- Page 6