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