HomeMy WebLinkAbout03/25/2010 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Item 2b - Change Order - Water Well No. 8 (Project Number
WF1097966)
No. 2b - Coversheet revised 6
Change Order 8
Map 9
Item 2c - Barron Road Widening Phase 2 (Project Number ST-
1026)- Advanced Funding Agreement with TxDOT
No. 2c - Coversheet revised 10
Resolution 11
Map 12
Item 2d - College Station Utilities Dispatch Design Contract and
a Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
No. 2d - Coversheet revised 13
Resolution 14
Project Map 15
Reimbursement Resolution 16
Item 2e - Carters Creek Wastewater Treatment Plant Headwork
and a Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
No. 2e - Coversheet revised 19
Resolution 20
Map 21
Reimbursement Resolution 22
Item 2f - Change Order #2 on Contract #09-308 with Landscape
USA for the Annual Landscape Maintenance of 27 Municipal
Sites
No. 2f - Coversheet Landscapes revised 25
1 - Change Order #2 Landscape USA 26
Item 2g - 2010 NIMSCAST / TRRN Certification
No. 2g - Coversheet revised 28
2010 NIMSCAST & TRRN Certification letter 29
Item 2h - Water Conservation Incentive Program
No. 2h - Coversheet revised 30
Resolution 31
No. 1 - Public Hearing and Consideration of Budget Amendment
# 2
No. 1 - Coversheet revised 34
Listing 35
Ordinance 38
No. 2 - BVSWMA Bylaws
No. 2 - Coversheet revised 39
Resolution 40
Bylaws 41
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No. 3 - CSISD Development Regulations
No. 3 - Coversheet revised 59
AG opinion 60
Agreement Matrix 63
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Mayor Council members
Ben White John Crompton
Mayor Pro Tem James Massey
Dave Ruesink Dennis Maloney
City Manager Katy-Marie Lyles
Glenn Brown Lawrence Stewart
Agenda
College Station City Council
Regular Meeting
Thursday, March 25, 2010 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal 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.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion of Minutes for City Council Workshop and Regular Meeting,
March 11, 2010.
b. Presentation, possible action, and discussion on a change order to the Construction Contract 09-267 with
Alsay, Inc. in the amount of $91,500, for the construction of the Well No. 8.
c. Presentation, possible action, and discussion on a resolution to approve an Advance Funding Agreement
(AFA) between the City of College Station and the Texas Department of Transportation for improvements to
the intersection of State Highway 40 and Barron Road.
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City Council Regular Meeting Page 2
Thursday, March 25, 2010
d. Presentation, possible action, and discussion concerning a resolution awarding the professional services
contract (Contract No. 10-153) to Brown Reynolds Watford Architects, Inc. in the amount not to exceed
$138,915.00 for professional services for the College Station Utilities (CSU) Dispatch Design Project
(WF1073340), and approval of a resolution declaring intention to reimburse certain expenditures with
proceeds from debt.
e. Presentation, possible action, and discussion on a Professional Services Contract with Bury+Partners, Inc.,
in the amount of $117,698, for the preliminary design of the Carters Creek Wastewater Treatment Plant
Headworks, and approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt.
f. Presentation, possible action, and discussion regarding Change Order #2 in the amount of $28,612.00 on
Landscape and Irrigation Maintenance Contract #09-308 with Landscape, USA.
g. Presentation, possible action, and discussion regarding the 28 FY2009 NIMS Implementation Objectives.
The city has completed and is compliant with the FY2009 NIMSCAST Implementation Objectives and
Metrics for Local Governments and is registered with the Texas Regional Response Network (TRRN) with
all deployable equipment with a value of $5,000 or more purchased with Homeland Security Grant Program
funds entered into the TRRN.
h. Presentation, possible action, and discussion approving a resolution for the Water Conservation Incentive
Program.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #2
amending ordinance number 3202 which will amend the budget for the 2009-2010 Fiscal Year results in
a net reduction of overall expenditures in the amount of $2,074,944.
2. Presentation, possible action, and discussion of a resolution approving Bylaws of Brazos Valley Solid
Waste Management Agency, Inc.
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City Council Regular Meeting Page 3
Thursday, March 25, 2010
3. Presentation, possible action, and discussion regarding the proposed approach to applying the City of
College Station’s development standards and regulations to College Station Independent School District
projects.
4. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
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 the Thursday, March 25, 2010 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 22nd day of March, 2010 at 2:00 p.m.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
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 I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website,
www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on March 22, 2010 at 2:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2010 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2010.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
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March 25, 2010
Consent Agenda Item No. 2b
Change Order
Water Well No. 8 - (Project Number WF1097966)
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a change order to the
Construction Contract 09-267 with Alsay, Inc. in the amount of $91,500, for the
construction of the Well No. 8.
Recommendation(s): Staff recommends approval of this change order.
Summary: Water Well No. 8 is currently in construction. This change order includes
several items, and adds $91,500.00 to the contract as follows:
1) $72,700 MCC enclosure
2) $12,000 Air conditioner for MCC enclosure
3) $ 5,300 Monitoring well
4) $ 1,500 Control panel changes
$91,500 Total change requested
1) The labor, materials, services, and equipment to construct the Motor Control Center
(MCC) enclosure and deliver the enclosure to the City of College Station in the amount
of $72,700. The City bought the MCC (equipment that controls the pump motors) from
the General Services Administration (GSA) federal supply contract in an effort to save
approximately 30% on the cost of the equipment and eliminate the contractor’s mark-up
on this equipment. In a similar fashion, the City attempted to save money on the MCC
enclosure by purchasing the building directly from the manufacturer and eliminating the
contractor’s mark-up. The City solicited bids for the enclosure and received one bid in
the amount of $52,608. The bidder indicated they were quoting their standard terms
and conditions, and their proposal did not include the cost to deliver the enclosure to
College Station. The bidder was unwilling to provide a firm shipping cost. The City
rejected the bid, and solicited bids for the enclosure again and received four bids
ranging from $33,495 - $79,702. The low bidder proposed an enclosure that did not
meet our specifications, the second and third lowest bidder included terms and
conditions in their proposal that the City could not agree to, and the highest bidder was
not within the budget allocated for the enclosure. After discussing the issue with the
Purchasing Department, it was concluded the best approach is to shift the risk and
supplier terms and conditions to the general contractor constructing the well, and
develop a change order for City Council consideration to include the enclosure in the
scope of work for Alsay, Inc. It should be noted that by shifting the responsibility of the
enclosure to the general contractor, the construction contract is increasing by $72,000,
but the project budget is not changing.
2) Another item added to this contract is the addition of an air conditioner to the MCC
enclosure in the amount of $12,000. The original design had a single unit on one side of
the building. In an effort to provide a more consistent flow of cold air in the building, it
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was determined that a second air conditioner could be added to provide a longer service
life of the equipment in the enclosure.
3) The control panel equipment changes in the amount of $1,500 were requested by the
Water Services Department to better integrate the system at the well site into the City’s
existing system.
4) The addition of the monitoring well was requested by the Brazos Valley Groundwater
Conservation District (BVGCD). The BVGCD asked the City to convert the supply water
well that Alsay, Inc. installed into a monitoring well. The District intends to use the
monitoring well to monitor the aquifer. This change is $5,300.
Also, this change order adds 5 rain days to the construction contract for the week of
October 26, 2009.
Budget & Financial Summary: Change Order No. 1 will increase the contract amount by
$91,500 for a revised contract total of $2,327,750. The current budget for this project is
$5,120,000. Funds in the amount of $2,738,862 have been expended or committed to date,
leaving a balance of $2,381,138 for this change order and future expenditures. Project
budget not expended will be reprogrammed to future water capital improvement projects.
Attachments:
1.) Change Order
2.) Project Location Map
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March 25, 2010
Consent Agenda Item No. 2c
Barron Road Widening Phase 2 (Project Number ST-1026)
Advanced Funding Agreement with TxDOT
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a resolution to
approve an Advance Funding Agreement (AFA) between the City of College Station and the
Texas Department of Transportation for improvements to the intersection of State Highway
40 and Barron Road.
Recommendation(s): Staff recommends approval of the resolution.
Summary: An AFA is required by TxDOT when the City connects to a State Roadway or
make improvements in State right-of-way. The proposed improvements to the intersection
of SH 40 and Barron have been discussed and coordinated with TxDOT. These
improvements include a traffic signal, a deceleration lane for northbound traffic on William
D. Fitch, 4 travel lanes between the northbound and southbound lanes of William D. Fitch,
bike lanes through the intersection, curb and gutter, drainage improvements, and 6-feet
wide sidewalks. TxDOT has approved the proposed work, and this Advance Funding
Agreement. The improvements associated with the AFA are being completed as a part of
the Barron Road Widening Phase 2 project.
Budget & Financial Summary: This agreement is required prior to the completion of the
roadway improvements. The improvements that will be completed as a result of this
agreement will be funded by the City, and are included in the budget for Barron Road
Widening Phase 2.
Attachments:
1.) Resolution
2.) Advance Funding Agreement – On file in City Secretary’s Office
3.) Project Location Map
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March 25, 2010
Consent Agenda Item No. 2d
College Station Utilities Dispatch Design Contract
and a Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion concerning a resolution
awarding the professional services contract (Contract No. 10-153) to Brown Reynolds
Watford Architects, Inc. in the amount not to exceed $138,915.00 for professional services
for the College Station Utilities (CSU) Dispatch Design Project (WF1073340), and approval
of a resolution declaring intention to reimburse certain expenditures with proceeds from
debt.
Recommendation(s): Staff recommends Council approval of the resolution and award
of the professional services contract to Brown Reynolds Watford Architects, Inc, and
recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Summary: This project is for the design of a new dispatch facility to be located northeast
of the existing CSU administration building on Graham Road. The new dispatch facility is
necessary due to some recent regulations enacted by the North American Electric Reliability
Corporation (NERC) that require the building housing the dispatch operations and SCADA
(Supervisory Control and Data Acquisition) equipment to be secure. The existing dispatch
facility located inside the CSU administration building does not meet all of the NERC
requirements. This new facility, expected to be approximately 2,800 SF, and meet all the
requirements of the Unified Development Ordinance and the Non-Residential Architectural
Standards.
Budget & Financial Summary: The budget for the design and construction of this
project is currently $1,200,000. This project is funded from the Electric Capital
Improvement Projects Fund. The “Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt” is necessary for this item because the long term
debt has not been issued for the project. The debt for the project is scheduled to be issued
later this fiscal year and next fiscal year.
Attachments:
1. Resolution
2. Project Location Map
3. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt
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March 25, 2010
Consent Agenda Item No. 2e
Project Number WF1223116
Carters Creek Wastewater Treatment Plant Headworks
and a Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Bury+Partners, Inc., in the amount of $117,698, for the design of the Carters
Creek Wastewater Treatment Plant Headworks, and approval of a resolution declaring
intention to reimburse certain expenditures with proceeds from debt.
Recommendation(s): Staff recommends approval of the professional services
contract, and recommends approval of the resolution declaring intention to reimburse
certain expenditures with proceeds from debt.
Summary: The scope of the Carters Creek Wastewater Treatment Plant Headworks is for
design and construction of upgrades to the existing headworks facility. With the projected
design budget of $117,698, Bury+Partners, Inc. was contacted to submit a proposal for
designing the project based upon their prior experience of designing other headworks
facilities through the Request for Qualification 10-20 process. This report will outline
options the City has to more efficiently upgrade the treatment plant headworks system. A
detailed design contract will be brought forth at a later date for approval.
Budget & Financial Summary: The budget for this project is currently $2,500,000. No
funds have been expended or committed to date. The P.O. for the project design is
$117,698.00. This item replaces the standard terms, conditions and specifications that
were attached to the P.O. with those in the Professional Services Contract and requires no
additional funds.
The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt” is necessary for this item because the long term debt has not been issued for the
project. The debt for the project is scheduled to be issued later this fiscal year and next
fiscal year.
Attachments:
1.) Resolution
2.) Project Location Map
3.) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
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March 25, 2010
Consent Agenda Item No. 2f
Change Order #2 on Contract #09-308 with Landscape USA for the Annual
Landscape Maintenance of 27 Municipal Sites
To: Glenn Brown, City Manager
From: David Schmitz, Assistant Director, Parks and Recreation Department
Agenda Caption: Presentation, possible action, and discussion regarding Change
Order #2 in the amount of $28,612.00 on Landscape and Irrigation Maintenance Contract
#09-308 with Landscape, USA.
Recommendation(s): Staff recommends approval of Change Order #2 to Landscape and
Irrigation Maintenance Contract #09-308 with Landscape, USA in the amount of
$28,612.00.
Summary: Change Order #2 adds the annual landscape maintenance functions for the
soon to be completed streetscape and irrigation projects for Barron Road Phase II, Eagle
Avenue, and W.D. Fitch Parkway Phase II. The change order also includes the areas along
Texas Avenue Phase II due to the recent installation of streetscape along that project, and
expands the scope of turf maintenance for Northgate Park due to the acquisition of
additional property.
Additionally, in an effort to reduce the impact to the budget, the Change Order reduces the
turf maintenance standards on 7 sites by moving from 39 annual turf mows to 29, for a
savings of $15,900. The remaining twenty sites in the contract are already at 29 or 19
annual mows dependant on the site’s service level. It should be noted that this same type
of reduction was done on a second grounds maintenance contract for a savings of $8,424.
(Total increase to budget of $20,188.)
The net increase to this change order is $28,612. The cumulative percent change on the
contract is 4.6% if Change Order #2 is approved. Change Orders to this contract in excess
of $25,000 require City Council Approval.
Budget & Financial Summary: The addition of the three street projects and the
expansion of scope for Northgate Park and Texas Avenue Phase II are unfunded in the Fiscal
Year 2010 budget. The reduction in turf maintenance standards for the sites maintained by
this contract has been identified as a means to help reduce the demand on the Fiscal Year
2010 budget. The original contract amount and Change Order #1 were approved by City
Council in October 2009. Change Order #1 eliminated turf weed control and fertilization
functions and reduced the number of monthly irrigation system inspections from two to one.
Original contract amount: $ 265,787.00 approved 10/08/2009
Change Order #1: ($ 40,836.00) approved 10/08/2009
Change Order #2: $ 28,612.00 ($44,512 increase less $15,900 reduction)
Revised Contract Amount $ 253,563.00
Attachments:
1. Change Order #2
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March 25, 2010
Consent Agenda Item No. 2g
2010 NIMSCAST / TRRN Certification
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action, and discussion regarding the 28 FY2009
NIMS Implementation Objectives. The city has completed and is compliant with the FY2009
NIMSCAST Implementation Objectives and Metrics for Local Governments and is registered
with the Texas Regional Response Network (TRRN) with all deployable equipment with a
value of $5,000 or more purchased with Homeland Security Grant Program funds entered
into the TRRN.
Recommendation(s): Staff recommends the Chief Elected Official approve the 2010
NIMSCAST / TRRN Certification letter.
Summary: The City of College Station has been awarded Homeland Security program
grant for 2010 through TDEM. To be eligible to receive 2010 Homeland Security Grant
Program funds the city must document that it is compliant with the FY2009 NIMSCAST
Implementation Objectives and Metrics, and be a registered user of the Texas Regional
Response Network.
Budget & Financial Summary: There is no budget impact.
Attachments:
2010 NIMSCAST / TRRN Certification Letter
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March 25, 2010
Consent Agenda Item No. 2h
Water Conservation Incentive Program
To: Glenn Brown, City Manager
From: Dave Coleman, Director of Water Services Department
Agenda Caption: Presentation, possible action, and discussion approving a resolution for
the Water Conservation Incentive Program.
Recommendation: Staff recommends approval of the resolution.
Summary: On April 23, 2009 College Station City Council approved our Water
Conservation Plan with updated targets and goals to satisfy TCEQ requirements and to
ensure our City is prudently managing our most precious resource.
Measures undertaken to achieve the goals of the water conservation goals are:
· Use reclaimed water (treatment plant effluent) to irrigate Veteran’s Park
· Routine audits of water system losses
· Implementation of inclined water rate structure
· Improve verification of water meter accuracy and make repairs
· Educated the public regarding irrigation practices and landscape water management
· In 2010: Promote the use of water-saving fixtures with an incentive program
This last item is now recommended for implementation. The attached Resolution spells out
the goals and methods of the incentive program, which is to provide rebates to our Citizens
for the purchase of low-flow plumbing fixtures and rain harvesting barrels. This program
will reduce the City’s usage of potable water, and will help promote Water Conservation
concepts in the media. For these reasons, staff recommends approval.
Staff will provide a progress update on the water conservation program at the April 22 City
Council workshop session.
Budget & Financial Summary: Funding in the amount of $4,000 for FY 10 is available in
the Water Fund for the incentive program.
Attachment:
Resolution
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March 25, 2010
Regular Agenda Item No. 1
Public Hearing and Consideration of Budget Amendment # 2
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public Hearing, presentation, possible action, and discussion on
an ordinance Budget Amendment #2 amending ordinance number 3202 which will
amend the budget for the 2009-2010 Fiscal Year results in a net reduction of overall
expenditures in the amount of $2,074,944.
Recommendation(s): Staff recommends the City Council hold the public hearing
on Budget Amendment #2 and approve the budget amendment ordinance.
Summary: In order to meet lower than anticipated revenues in FY10 staff has
thoroughly reviewed departmental budgets and has proposed a net reduction of
$2,074,944 in overall expenditures. This includes reductions in expense categories
such as travel, training, miscellaneous supplies, etc. as well as delays in hiring
certain vacant positions.
Budget & Financial Summary: The result of this amendment is a net reduction of
$2,074,944 in overall budgeted expenditures.
Attachments:
1. Budget Amendment List
2. Ordinance
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Page 1 of 3
FY 10 Budget Amendment #2
Budget Reductions totaling $2,074,944
GENERAL FUND:
· General Fund Revenues are projected to be lower than original budget for FY 10 by $1,526,218.
· General Fund Expenditures need to be reduced for 3 reasons:
o Lower revenues than budget – sales tax, franchise tax, interest earnings, other
o Forecasting higher expenditures than budgeted - due to lower than anticipated turnover
o Maintain the 15% fund balance policy
· General Fund Budget needs to be reduced by a net ($1,536,141)
o Remove budget for Pay Plan ($273,000)
o Reduce Equipment Replacement Transfers ($467,887)
o Department Budget Reductions net ($795,254) - to keep forecasted expenditures within the
revised budget:
§ Police (265,687)
· Hold positions open–Asst Chief, Parking Off, 2 Officers, Dispatch Asst (225,687)
· Reduce travel/training and miscellaneous supplies (30,000)
· Defer fit assessment for Training and Recruiting (10,000)
§ Fire 335,031
· Reduce travel/training, overtime, and miscellaneous supplies (47,572)
· Reduce tools, equipment and clothing supplies (17,397)
· Increase salary/benefits/overtime budget 400,000
§ Public Works (245,730)
· Eliminate Sealcoat program for the year (130,000)
· Reduce building and signal maintenance (92,000)
· Reduce travel/training (23,730)
§ Parks & Recreation (147,905)
· Reduce Starlight Music Series by 3 shows (36,000)
· Reduce travel/training and miscellaneous supplies (47,605)
· Hold positions open – Groundsworker, Forestry (39,910)
· Reduce grounds maintenance (24,390)
§ CIP Dept (7,000)
· Reduce travel/training (6,000)
· Reduce utilities (1,000)
§ Planning and Development (87,000)
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Page 2 of 3
· Hold positions open – CSR, GIS Tech (56,000)
· Convert interns to unpaid (13,000)
· Reduce OT in building inspections and travel/training (10,500)
· Reduce 1 of 2 neighborhood grant cycles (7,500)
§ Information Technology (120,027)
· Defer replacement of 16 PCs (28,223)
· Reduce equipment and hardware maintenance and defer upgrades (46,675)
· Reduce midrange hardware and software purchases (30,000)
· Reduce travel/training and miscellaneous supplies (15,129)
§ Fiscal Services (105,138)
· Hold position open – Accountant (33,398)
· Appraisal District payment less than anticipated (13,308)
· Reduce travel/training and miscellaneous supplies (58,432)
§ General Government (151,798)
· Mayor/Council (8,000)
o Reduce travel/training (8,000)
· City Secretary Office (5,873)
o Reduce overtime (901)
o Reduce travel/training (2,000)
o Reduce supplies, legal notices (2,972)
· City Manager Office (22,386)
o Reduce travel/training (9,500)
o Reduce overtime and temp/seasonal (10,386)
o Reduce miscellaneous supplies (2,500)
· Legal (42,500)
o Hold position open – Asst City Attorney (42,500)
· Economic Development (22,423)
o Hold positions open – 2 ED Analysts (19,738)
o Create trade show display in-house (2,685)
· Public Communications (26,616)
o Reduce travel/training & memberships (13,305)
o Reduce advertising (3,456)
o Reduce miscellaneous supplies (9,855)
· Human Resources (24,000)
o Reduce annual banquet (14,000)
o Reduce in-house training misc supplies & printing (10,000)
36
Page 3 of 3
OTHER FUNDS:
· Electric Fund Budget needs to be reduced by ($188,209)
o Reduce Starlight Music Series by 3 shows (40,000)
o Reduce Safety Sparktacular electric program (13,000)
o Reduce transfer to Christmas in the Park (40,000)
o Reduce travel/training (15,500)
o Reduce windpower marketing (10,000)
o Reduce promotional materials and supplies (17,000)
o Reduce admin special studies (5,000)
o Reduce contribution to Equipment Replacement Fund (47,709)
· Water Fund Budget needs to be reduced by ($103,096)
o Reduce overtime (10,821)
o Defer Impact Fee Study (19,836)
o Reduce rebate program (4,000)
o Defer potable reuse study (30,000)
o Defer water wise program (13,000)
o Defer instrument calibration changes (2,000)
o Reduce chemicals costs (4,000)
o Reduce travel/training (5,700)
o Reduce contribution to Equipment Replacement Fund (13,739)
· Wastewater Fund Budget needs to be reduced by ($93,395)
o Reduce overtime (5,796)
o Reduce supplies (500)
o Defer Impact Fee Study (24,835)
o Defer water wise program (15,000)
o Defer grease samples for 1 year (2,700)
o Reduce travel/training (9,300)
o Reduce contribution to Equipment Replacement Fund (35,264)
· Sanitation Fund Budget needs to be reduced by ($108,955)
o Reduce travel/training (6,469)
o Reduce contribution to Equipment Replacement Fund (102,486)
· Fleet Fund Budget needs to be reduced by ($3,399)
o Reduce travel/training (1,000)
o Reduce contribution to Equipment Replacement Fund (2,399)
· Utility Customer Service Fund Budget needs to be reduced by ($41,749)
o Hold position open – Customer Service Rep (30,000)
o Reduce overtime (8,000)
o Reduce contribution to Equipment Replacement Fund (3,749)
37
ORDINANCE NO. _________
AN ORDINANCE (BUDGET AMENDMENT 2) AMENDING ORDINANCE NUMBER
3202 WHICH WILL AMEND THE BUDGET FOR THE 2009-2010 FISCAL YEAR AND
AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED.
WHEREAS, the City Council of the City of College Station, Texas, approved its Budget
Ordinance for the 2009-2010 Fiscal Year on September 10, 2009; and
WHEREAS, the City Council of the City of College Station, Texas, desires to amend the
approved Budget Ordinance; and
WHEREAS, this amendment was prepared and presented to the City Council and a public
hearing held thereon as prescribed by law and the Charter of the City of College Station, Texas,
after notice of said hearing having been first duly given; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
Part 1: That Part 1 of the Budget Ordinance for the 2009-2010 Fiscal Year is amended to read as
follows:
"PART 1: That the proposed budget as amended by the City Council of the City
of College Station, which is made a part hereof to the same extent as if set forth
at length herein, is hereby adopted and approved, a copy of which is on file in the
Office of the City Secretary in College Station Texas. Amended appropriations for
fiscal year 2009-2010 for the General Fund are $58,882,692; for the Electric
Fund are $90,548,986; for the Water Fund are $19,434,526; for the Wastewater
Fund are $14,315,246; for the Sanitation Fund are $6,667,488; for the Utility
Customer Service Fund are $2,230,727; and for the Fleet Maintenance Fund are
$1,542,327. All other appropriations as originally adopted and amended by the
City Council remain in full force and effect."
Part 2: That this ordinance shall become effective immediately after passage and approval.
PASSED and APPROVED this _________ day of __________________________2010.
ATTEST: APPROVED:
____________________________ ________________________________
City Secretary Mayor
APPROVED:
_________________________
City Attorney
38
March 25, 2010
Regular Agenda Item No. 2
BVSWMA Bylaws
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion of a resolution approving
Bylaws of Brazos Valley Solid Waste Management Agency, Inc.
Recommendation(s): Staff recommends approval of the Resolution
Summary: City Council approved Articles of Incorporation for Brazos Valley Solid Waste
Management Agency, Inc. (BVSWMA Inc.) on February 11, 2010 forming the local
government corporation under Subchapter D of Chapter 431, Texas Transportation Code.
On March 3, 2010, the BVSWMA Inc. board of directors approved these bylaws. The bylaws
were approved by the City of Bryan on March 9, 2010.
This resolution proposes the approval of Bylaws by the City of College Station for BVSWMA
Inc. that will provide structure for the organization its board of directors and establish
financial responsibilities, indemnification, a code of ethics and other provisions giving
guidance to BVSWMA Inc.
Subsequent to the approval of these bylaws, BVSWMA Inc. intends to execute one or more
agreements including but not limited to an “Operation Agreement” with the Cities 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.
In order to assure BVSWMA’s compliance with purchasing rules, a statement referring to
431.101 (g) of the Transportation Corporation Act stating that the local government
corporation must comply with all laws that the creating governments must comply with for
procurement of design and construction of projects, will be included in the Operations
Agreement.
Budget & Financial Summary:
Attachments:
1. Resolution
2. Bylaws
39
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BYLAWS - Page 1
BYLAWS OF THE
BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY, INC.
A Texas Local Government Corporation created on behalf of
the Cities of Bryan and College Station, Texas
ARTICLE I
Corporate Purpose and Agency
1.01 Purpose. The Corporation is organized for the purpose of auditing,
assisting, and acting on behalf of the City of Bryan, Texas, and the City of College
Station, Texas (“the Cities”) in the performance of their governmental functions to
promote the common good and general welfare of the Cities, including, without
limitation, the financing, construction, ownership, and operation of the existing and
future municipal solid waste landfills and the existing compost facility (collectively the
“Facilities”) on behalf of the Cities, and to perform such other governmental purposes of
the Cities, including, without limitation, the collection, handling, transportation, storage,
processing, and disposal of solid waste, as may be determined from time to time by the
City Councils of the Cities (the “City Councils”). Subject to applicable state law and any
contractual obligations of a City or the Corporation, a City or the Cities may discontinue
participation in the activities of the Corporation, or a non-participating unit of local
government, business, or individuals may join in the activities of the Corporation, under
procedures established in the Bylaws of the Corporation (the “Bylaws”).
1.02 Local Government Corporation. The Corporation is formed pursuant to
the provisions of Subchapter D of Chapter 431, Texas Transportation Code (the “Act”),
as it now or may hereafter be amended, and Chapter 394, Texas Local Government Code,
which authorizes the Corporation to assist and act on behalf of the Cities and to engage in
activities in the furtherance of the purposes for its creation.
1.03 Non-Profit Corporation. The Corporation shall have and exercise all of
the rights, powers, privileges, and functions given by the general laws of Texas to non-
profit corporations incorporated under the Act including, without limitation, the Texas
Non-Profit Corporation Act, as amended (Tex. Rev. Civ. Stat. art. 1396-1.01, et.seq., as
amended) and/or the Texas Nonprofit Corporation Law (Tex. Bus. Org. Code, Chapters
20 and 21 and the provisions of Title I to the extent applicable to non-profit corporations,
as amended), whichever is applicable, or their successor.
1.04 Powers of Non-Profit Corporation. The Corporation shall have all other
powers of a like or different nature not prohibited by law which are available to non-
profit corporations in Texas and which are necessary or useful to enable the Corporation
to perform the purposes for which it is created, including the power to issue bonds, notes
or other obligations, and otherwise exercise its borrowing power to accomplish the
purposes for which it was created; provided, however, that the Corporation shall not issue
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BYLAWS - Page 2
any bond, certificate, note or other obligation evidenced by an instrument without the
written consent of each of the Cities or as otherwise allowed by the Bylaws.
1.05 Governmental Entity for Immunity. The Corporation is created as a local
government corporation pursuant to the Act and shall be a governmental unit within the
meaning of Subdivision (2), Section 101.001, Texas Civil Practice and Remedies Code.
The operations of the Corporation are governmental and not proprietary functions for
purposes of the Texas Tort Claims Act, Section 101.001, et seq., Texas Civil Practice and
Remedies Code. The Corporation shall have the power to acquire land in accordance
with the Act as amended from time to time.
1.06 City Consent. References herein to the consent or written consent of a
City shall refer to an ordinance, resolution or order of the governing body of the City.
ARTICLE II
Board of Directors
2.01 Powers Vested in Board. All powers of the Corporation shall be vested in
a Board of Directors consisting of seven (7) members (the “Board”) subject to the
oversight of the Cities and as otherwise provided in these Bylaws. The Board shall
independently manage and operate the Facilities in accordance with all applicable laws
and documents, including the Articles, these Bylaws, the Asset Transfer and Debt
Reimbursement Agreement, the Operation Agreement (as those terms are defined in the
Interlocal Agreement by and between the Cities dated January 14, 2009 (the “ILA”)), and
such other documents agreed to by the Cities and as the same may be amended from time
to time. The qualification, selection, terms, removal, replacement, and resignation of the
members of the Board of Directors of the Corporation (“Director” or “Directors”) shall
be governed by Article VI of the Articles.
2.02 Initial Board and Transition. The initial directors of the Corporation
(“Director” or “Directors”) shall be those persons named in Article VIII of the Articles of
Incorporation (the “Articles”). To provide for staggered terms, each initial Director
named in Article VIII of the Articles shall serve for the term prescribed therein. With
respect to the initial Board, the terms of the initial Directors shall commence on the date
the Secretary of State has issued the certificate of incorporation for the Corporation.
Upon the expiration of the terms of office of the initial Directors, the subsequent
Directors shall be appointed for a three (3) year term, or until his or her successor is
appointed by the entity authorized to appoint the Director; provided, however, upon the
death, resignation or removal of a Director, the entity responsible for that Director’s
appointment shall appoint a replacement Director to serve for the unexpired term of
office of the replaced Director.
2.03 Governing Documents. All other matters pertaining to the internal affairs
of the Corporation shall be governed by these Bylaws, so long as these Bylaws are not
inconsistent with the Articles, the Asset Transfer and Debt Reimbursement Agreement,
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BYLAWS - Page 3
the Operation Agreement as those terms are defined in the ILA, and such other
documents agreed to by the Cities and as the same may be amended from time to time, or
the laws of the State of Texas.
2.04 Voting Rights. All Directors shall have full and equal voting rights. All
references herein to an act, resolution or vote of the Directors shall refer to a vote of the
Directors entitled to vote on the matter as provided herein.
2.05 Meetings of Directors. The Directors may hold their meetings and may
have an office and keep the books of the Corporation at such place or places within
Brazos County, Texas, or Grimes County, Texas, as the Board may from time to time
determine; provided, however, in the absence of any such determination, such place shall
be the registered office of the Corporation in the State of Texas. The Board shall meet in
accordance with and file notice of each meeting of the Board for the same length of time
and in the same manner and location as is required under Chapter 551, Texas
Government Code (the “Open Meetings Act”); provided that the notice of each meeting
of the Board shall be posted on the official bulletin board designated by the Cities for the
posting of meetings of the Cities’ respective City Councils. The Corporation, the Board,
and any committee of the Board exercising the powers of the Board are subject to
Chapter 552, Texas Government Code (the “Public Information Act”).
2.06 Annual Meetings. The annual meeting of the Board shall be held at the
time and at the location in Brazos County, Texas, or Grimes County, Texas, designated
by the resolution of the Board for the purposes of transacting such business as may be
brought before the meeting.
2.07 Regular Meetings. Regular meetings of the Board shall be held at least
quarterly at such times and places as shall be designated, from time to time, by resolution
of the Board.
2.08 Special and Emergency Meetings. Special and emergency meetings of the
Board shall be held whenever called by the President of the Board or the Secretary or by
a majority of the Directors who are serving duly appointed terms of office at the time the
meeting is called. A majority of the Board, or a quorum with at least two (2) Board
members appointed by each City, must be present for any special called meeting. A
majority of the Board or a quorum, with at least one (1) Board member appointed by each
City, must be present for any emergency called meeting. The Secretary shall give notice
of each special meeting in person, by telephone, facsimile, mail or email at least three (3)
days before the meeting to each Director and to the public in compliance with the Open
Meetings Act. Notice of each emergency meeting shall also be given in the manner
required under the Open Meetings Act. An emergency meeting may only be held when
there is an emergency or an urgent public necessity exists and immediate action is
required of the Board because of an imminent threat to public health and safety, or a
reasonably unforeseeable situation. The agenda notice of the emergency meeting must be
posted at least two (2) hours before the meeting and clearly identify the emergency or
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BYLAWS - Page 4
urgent public necessity. The President, or the Board member who calls an emergency
meeting must notify by telephone, facsimile transmission, or electronic mail not later than
one hour before the meeting those members of the news media that have previously filed
at the Corporation a request containing all pertinent information for the special notice
and has agreed to reimburse the Board for the cost of providing the special notice. Unless
otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of
the Corporation may be considered and acted upon at a special meeting. At any meeting
at which every Director shall be present, even though without any notice, any matter
pertaining to the purposes of the Corporation may be considered and acted upon to the
extent allowed by the Open Meetings Act.
2.09 Quorum. A majority of the entire Board (four) shall constitute a quorum
for the consideration of matters pertaining to the purposes of the Corporation. If at any
meeting of the Board there is less than a quorum present, a majority of those present may
adjourn the meeting. The act of a majority of the Directors present and voting at a
meeting at which a quorum is in attendance shall constitute the act of the Board, unless
the act of a greater number is required by law, by the Articles, or by these Bylaws.
2.10 Assent Presumed Without Express Abstention or Dissent. A Director who
is present at a meeting of the Board at which any corporate action is taken shall be
presumed to have assented to such action unless such person’s dissent or abstention shall
be entered in the minutes of the meeting or unless such person shall file written dissent or
abstention to such action with the person acting as the secretary of the meeting before the
adjournment thereof. Such right to dissent or abstain shall not apply to a Director who
voted in favor of the action.
2.11 Conduct of Business. At the meetings of the Board, matters pertaining to
the purpose of the Corporation shall be considered in such order as the Board may from
time to time determine. At all meetings of the Board, the President shall preside, and in
the absence of the President, the Vice President shall preside. In the absence of the
President and the Vice President, an acting President shall be chosen by the Board from
among the Directors present. The Secretary of the Corporation shall act as secretary of all
meetings of the Board, but in the absence of the Secretary, the presiding officer may
appoint any person to act as secretary of the meeting.
2.12 Executive Committee, Other Committees. The Board may, by resolution
passed by a majority of the entire Board, designate two (2) or more Directors to constitute
an executive committee or other type of committee. In addition, the Board may appoint
members of Corporation staff and citizens of the Cities to be members of a committee,
except for an Audit, Compensation or Governance Committee, which committees may
only be composed of Directors.
2.13 Power of Committees. To the extent provided in the authorizing resolution
for the committee and the Board-approved committee charter, a committee may not
exercise the authority of the Board. Each committee so designated shall keep regular
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BYLAWS - Page 5
minutes of the transactions of its meetings, shall cause such minutes to be recorded in
books kept for that purpose in the office of the Corporation, and shall report the same to
the Board from time to time. Committees authorized to exercise the powers of the Board
shall give notice of any meeting in the manner required for a meeting of the Board.
Committees are subject to the regulations which apply to committees of government
entities including the Public Information Act and Open Meetings Act.
2.14 Compensation of Directors. Directors, as such, shall not receive any
salary or compensation for their services as Directors, except the seventh (7th) Director
appointed by the Board may receive such compensation as determined by the other Board
members; provided, however, Directors may be reimbursed for reasonable and necessary
expenses incurred in carrying out the Corporation’s purposes.
2.15 Technical Advisory Committee. The Board shall establish a Technical
Advisory Committee composed of members who are, in the judgment of the Board,
qualified to provide advice with respect to the activities of the Corporation. The size of
the Technical Advisory Committee will be determined by the Board and may be adjusted
from time to time; provided, however, the Technical Advisory Committee shall in no
case have fewer than five (5) members with at least two (2) members appointed by the
Bryan City Manager, at least two (2) members appointed by the College Station City
Manager, and the remaining members appointed by the Board. The Board will designate
one or more of its Directors to be a liaison to the Technical Advisory Committee to
assure close communication between the Board and the Technical Advisory Committee.
Directors shall not be eligible to be members of the Technical Advisory Committee.
Members of the Technical Advisory Committee appointed by the Board shall
serve for a term of one (1) year or such longer term as may be fixed by the Board and
may be removed by the Board at any time, with or without cause. Members of the
Technical Advisory Committee appointed by the City Managers of the Cities shall serve
at the pleasure of the respective City Managers. Members of the Technical Advisory
Committee shall not receive any salary or compensation for their services; provided,
however, they may be reimbursed for reasonable and necessary expenses incurred in
carrying out the Corporation’s purposes with prior approval of the Board.
The officers and Directors of the Corporation may consult with the Technical
Advisory Committee from time to time with respect to the activities of the Corporation,
but the Technical Advisory Committee shall in no way exercise or restrict the powers of
the Board nor limit its responsibility for the management of the affairs of the
Corporation. The members of the Technical Advisory Committee may meet to discuss
BVSWMA related activities and to advise the Board thereon. Based upon the individual
areas of professional expertise, members of the Technical Advisory Committee may
provide skilled analysis and comments regarding proposed BVSWMA plans and
programs.
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BYLAWS - Page 6
2.16 Director’s Reliance on Consultant Information. A Director shall not be
liable if while acting in good faith and with ordinary care, such person relies on
information, opinions, reports or statements, including financial statements and other
financial data, concerning the Corporation or another person that were prepared or
presented by:
(a) one or more other officers or employees of the Corporation;
(b) an employee of a City;
(c) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person’s professional or expert competence; or,
(d) a committee of the Board of which the Director is not a member.
2.17 Executive Director. The Board is authorized to hire an Executive Director
who shall serve at the pleasure of the Board. The Executive Director shall be the chief
executive officer of the Corporation and shall have the duties and powers as set forth in
Article VI of these Bylaws. The Board shall establish the compensation, and may
establish duties and responsibilities of the Executive Director in addition to those
prescribed by Article VI of these Bylaws. The hiring and/or removal of the Executive
Director shall be by a majority vote of the entire Board.
2.18 Attorneys and Consultants. The Board may employ attorneys, auditors,
certified accountants and such other professionals and consultants as may be required for
the purposes of the Corporation from time to time.
ARTICLE III
Officers
3.01 Titles and Term of Office. The officers of the Corporation shall be a
President, one or more Vice Presidents, a Secretary, a Treasurer, and such other officers
as the Board may from time to time elect or appoint. Each officer shall be a current
Director. One person may hold more than one office, except the President shall not hold
the office of Secretary. The term of office for each officer shall be one (1) year and shall
serve from October 1 through the following September 30, except that such office shall
terminate on the earlier of: (a) the date that the officer is replaced by the Board; or (b) the
date that the officer is no longer a member of the Board.
All officers shall be appointed and subject to removal at anytime, with or without
cause, by a vote of a majority of the entire Board.
A vacancy in any office elected pursuant to this Article III shall be filled by a vote
of a majority of the entire Board.
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BYLAWS - Page 7
3.02 Powers and Duties of the President. The President shall be a member of
the Board and shall preside at all meetings of the Board. Such person shall have such
duties as are assigned by the Board. The President may call special or emergency
meetings of the Board. Any special or emergency called meeting shall be called and
conducted in accordance with Section 2.08 of these Bylaws. In furtherance of the
purposes of the Corporation and subject to the limitations contained in the Articles, the
President or Vice President may sign and execute all bonds, notes, deeds, conveyances,
franchises, assignments, mortgages, notes, contracts and other obligations in the name of
the Corporation. The President shall be an ex-officio member of all committees.
3.03 Powers and Duties of the Vice President. A Vice President shall be a
member of the Board and shall have such powers and duties as may be assigned to such
person by the Board or the President, including the performance of the duties of the
President upon the death, absence, disability, or resignation of the President, or upon the
President’s inability to perform the duties of such office. Any action taken by the Vice
President in the performance of the duties of the President shall be conclusive evidence of
the absence or inability to act of the President at the time such action was taken.
3.04 Treasurer. The Treasurer shall have custody of all the funds and
securities of the Corporation which come into possession of the Corporation. When
necessary or proper, the Treasurer (i) may endorse, on behalf of the Corporation, for
collection, checks, notes and other obligations and shall deposit the same to the credit of
the Corporation in such bank or banks or depositories as shall be designated in the
manner prescribed by the Board; (ii) may sign all receipts and vouchers for payments
made to the Corporation, either alone or jointly with such other officer as is designated by
the Board; (iii) shall enter or cause to be entered regularly in the books of the Corporation
to be kept by such person for that purpose full and accurate accounts of all moneys
received and paid out on account of the Corporation; (iv) shall perform all acts incident to
the position of Treasurer subject to the control of the Board; including the monitoring and
audit of all cash accounts whose existence must first be approved by the Board; and (v)
shall, if required by the Board, give such bond for the faithful discharge of his or her
duties in such form as the Board may require.
3.05 Secretary. The Secretary (i) shall keep the minutes of all meetings of the
Board in books provided for that purpose; (ii) shall attend to the giving and serving of all
notices; (iii) in furtherance of the purposes of the Corporation and subject to the
limitations contained in the Articles of Incorporation, may sign with the President in the
name of the Corporation and/or attest the signatures thereof, all contracts, conveyances,
franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the
Corporation; (iv) shall have charge of the Corporation’s books, records, documents and
instruments, except the books of account and financial records and securities of which the
Treasurer shall have custody and charge, and such other books and papers as the Board
may direct, all of which shall at all reasonable times be open to the inspection of any
Director upon application at the office of the Corporation during business hours; and, (v)
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BYLAWS - Page 8
shall in general perform all duties incident to the office of Secretary subject to the control
of the Board.
3.06. Compensation. Officers shall serve without compensation for their duties,
but are entitled to receive reimbursement for their reasonable expenses only in
performing their functions in accordance with policies adopted by the Board.
3.07 Officer’s Reliance on Consultant Information. In the discharge of a duty
imposed or power conferred on an officer of the Corporation, the officer may in good
faith and with ordinary care rely on information, opinions, reports, or statements,
including financial statements and other financial data, concerning the Corporation or
another person that were prepared or presented by:
(a) one or more other officers or employees of the Corporation, including
members of the Board;
(b) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person’s professional or expert competence; or,
(c) an employee of one of the Cities.
ARTICLE IV
Financial Responsibilities
4.01 Audit. Not later than one hundred twenty (120) days after the close of
each fiscal year, the Board shall have an annual audit prepared by an independent auditor
who is duly licensed or certified as a public accountant in the State of Texas of the
financial books and records of the Corporation. Upon receiving the completed audit, the
Corporation shall immediately provide a copy to each City.
4.02 Capital Spending Authority: The Board may expend funds for capital
improvements for the Facilities in accordance with the Capital Plan approved by the
Board for the current fiscal year budget as follows:
(a) Funds from a City shall be used for the purposes of the Corporation as
authorized and directed by the Cities.
(b) Funds from other sources, such as donations, may be used at the discretion
of the Board for capital purposes as long as the uses are consistent with the Cities’
direction and are not reasonably expected by the Board to increase the operation and
maintenance costs of the Corporation above the limits established in Section 4.04, below
or have a capital cost greater than $100,000.
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BYLAWS - Page 9
(c) For expansion of the Facilities beyond the size, function and scope
existing at the time of the formation of the Corporation with the prior approval of the
Cities.
(d) Proceeds of bonds, notes and other obligations shall be expended in
accordance with the terms of the resolution authorizing the issuance of such bonds, notes
or other obligations.
4.03 Issuance of Debt.
(a) The Corporation, with the approval of the Cities, is authorized to issue
short-term debt in the form of bonds, notes, and other obligations which by their terms
mature and are payable not later than one (1) year from their initial date of issuance.
Where possible, the amount and purpose of the short term debt shall be projected by the
Corporation in its annual budget to the Cities. Cities shall be given the first opportunity to
provide these funds before the Board incurs debt.
(b) The Corporation, with the approval of the Cities, is authorized to issue
long-term debt in the form of bonds, notes, and other obligations which by their terms
mature and are payable beyond one (1) year from their initial date of issuance. Long
term debt may be issued to finance capital improvements and costs related thereto, and to
refund or refinance any outstanding bonds, notes, or obligations issued or incurred by the
Corporation, or such for such other reasons as may be approved by the Cities.
(c) Short-term debt as defined in Subsection (a) and long-term debt as defined
in Subsection (b) of this Section 4.03 may be issued only if:
(i) the issuance of said debt is approved by a majority of the entire Board;
(ii) at least one Director appointed by each of the Cities are among the
majority of the Board voting in favor of issuance of the debt; and
(iii) the issuance of said debt is approved by resolution or ordinance of the
Cities.
(d) Any debt issuance approved by the Cities shall be paid from any source or
sources of permitted by law including the income and revenue of the Corporation.
4.04 Increase of O&M Costs. Except for items mandated by changes in state or
federal law or regulation that could not reasonably have been anticipated prior to
submission of the Corporation’s annual budget to the Cities for review and comment, in
the event any one or more items are added during a fiscal year that would increase or
cause the annual operation and maintenance costs to exceed ten percent (10%) above the
budgeted amount for that year, the Board must receive prior approval from both Cities
prior to making that addition. Failure of the Cities to reject the request on or before the
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BYLAWS - Page 10
thirtieth (30th) day after submission of the request to a City shall be deemed an approval
of the request.
4.05 Fiscal Year. The fiscal year of the Corporation shall begin October 1 of
each year.
4.06 Annual Budget. No later than 90 days prior to the beginning of each fiscal
year, the Board shall prepare, or cause to be prepared, and approve a budget (the
“Budget”) for each fiscal year. The Budget must be approved by a two thirds (2/3)
majority vote of the entire Board. After approval by the Board, the Budget shall be
submitted to each City for approval. Failure of a City to reject the Budget approved by
the Board on or before the thirtieth (30th) day after submission to the Cities shall be
deemed an approval of the Budget.
If the Board fails to approve the Budget, or if the Budget is not approved by each
City, then during the first three years of this Agreement, the Budget for the prior fiscal
year shall be deemed approved. After the third year of the Agreement, if the Budget is not
approved by either the Board or all Cities, then the next year’s Budget is the greater of:
the total amount of the prior year’s Budget; or, the average of the annual Budgets for the
prior three (3) years.
4.07 Line Item Flexibility. The Executive Director has the authority to shift
operation and maintenance funds from one line item of the Budget to another without the
approval of the Board or the Cities. The Board has the authority to shift operation and
maintenance funds from one line item of the Budget to another without the approval of
the Cities.
4.08 Reserve Fund. The Budget shall provide for one or more reserve funds for
the replacement of scheduled assets, for capital improvements for the Facilities,
reasonable reserves for future activities, debt, establishment of a capital reserve,
establishment of a reserve for closure and post closure liability and satisfaction of other
legal obligations of the Corporation. Any unencumbered funds remaining at the end of
the fiscal year shall be converted to the Reserve Fund. The amount of the Reserve Fund
shall be in an amount customary for facilities comparable to the Facilities in both size and
use.
4.09 Other Funds. Other funds, such as unrestricted charitable donations, may
be used by the Board in accordance with the approved budget or, if not anticipated in the
Budget, as the Board directs, provided that the limitation set out in Section 4.04, above or
a capital cost of $100,000 is not exceeded.
4.10 Appropriations and Grants. The Corporation shall have the power to
request and accept any appropriations, grant, contribution, donation, or other form of aid
from the federal government, the State, any political subdivision, or municipality in the
State, or from any other source.
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4.11 Sale or transfer of Assets. The Corporation may not sell, transfer or assign
real property or permits of the Corporation, in whole or in part, without the approval of a
two-thirds (2/3) majority vote of the entire Board. After approval by the Board, the
proposed sale, transfer or assignment of the Assets, the proposed asset transfer (“Asset
Transfer”) shall be submitted to each City for approval. The Cities will approve or
disapprove the Asset Transfer in whole or in part. Failure of the Cities to reject the Asset
Transfer approved by the Board on or before the thirtieth (30th) day after submission to
the Cities shall be deemed an approval of the Asset Transfer.
ARTICLE V
Indemnification of Directors and Officers
5.01 Right to Indemnification. Subject to the limitations and conditions as
provided in this Article V and the Articles, each person who was or is made a party, is
threatened to be made a party to, or is involved in any threatened, pending or completed
action, suit or proceeding, whether civil, criminal, administrative, arbitrative or
investigative (hereinafter a “proceeding”), or any appeal in such a proceeding or any
inquiry or investigation that could lead to such a proceeding, by reason of the fact that he
or she, or a person of whom he or she is the legal representative, is or was a Director or
officer of the Corporation or while a Director or officer of the Corporation is or was
serving at the request of the Corporation as a director, officer, partner, venturer,
proprietor, trustee, employee, agent or similar functionary of another foreign or domestic
corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or
other enterprise shall be indemnified by the Corporation to the fullest extent permitted by
the Texas Non-Profit Corporation Act and/or the Texas Nonprofit Corporation Law, as
the same exists or may hereafter be amended (but, in the case of any such amendment,
only to the extent that such amendment permits the Corporation to provide broader
indemnification rights than said law permitted the Corporation to provide prior to such
amendment) against judgments, penalties (including excise and similar taxes and punitive
damages), fines, settlement and reasonable expenses (including, without limitation,
attorneys’ fees) actually incurred by such person in connection with such proceeding, and
indemnification under this Article V shall continue as to a person who has ceased to serve
in the capacity which initially entitled such person to indemnify hereunder. The rights
granted pursuant to this Article V shall be deemed contract rights, and no amendment,
modification or repeal of this Article V shall have the effect of limiting or denying any
such rights with respect to actions taken or proceedings arising prior to any such
amendment, modification or repeal. It is expressly acknowledged that the indemnification
provided in this Article V could involve indemnification for negligence or under theories
of strict liability.
5.02 Advance Payment. The right to indemnification conferred in this Article
V shall include the right to be paid in advance or reimbursed by the Corporation the
reasonable expenses incurred by a person of the type entitled to be indemnified under
Section 5.01 who was, is or is threatened to be made a named defendant or respondent in
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a proceeding in advance of the final disposition of the proceeding and without any
determination as to the person’s ultimate entitlement to indemnification; provided,
however, that the payment of such expenses incurred by any such person in advance of
the final disposition of a proceeding, shall be made only upon delivery to the Corporation
of a written affirmation by such Director or officer of his or her good faith belief that he
or she has met the standard of conduct necessary for indemnification under this Article V
and a written undertaking, by or on behalf of such person, to repay all amounts so
advanced if it shall ultimately be determined that such indemnified person is not entitled
to be indemnified under this Article V or otherwise.
5.03 Indemnification of Employees and Agents. The Corporation, by adoption
of a resolution of the Board, may indemnify and advance expenses to an employee or
agent of the Corporation to the same extent and subject to the same conditions under
which it may indemnify and advance expenses to Directors and officers under this Article
V; and the Corporation may indemnify and advance expenses to persons who are not or
were not Directors, officers, employees or agents of the Corporation but who are or were
serving at the request of the Corporation as a Director, officer, partner, venturer,
proprietor, trustee, employee, agent or similar functionary of another foreign or domestic
corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or
other enterprise against any liability asserted against him or her and incurred by him or
her in such a capacity or arising out of his or her status as such a person to the same
extent that it may indemnify and advance expenses to Directors under this Article V.
5.04 Appearance as a Witness. Notwithstanding any other provision of this
Article V, the Corporation may pay or reimburse expenses incurred by a Director or
officer in connection with his or her appearance as a witness or other participation in a
proceeding involving the Corporation or its business at a time when he or she is not a
named defendant or respondent in the proceeding.
5.05 Non-exclusivity of Rights. The right to indemnification and the
advancement and payment of expenses conferred in this Article V shall not be exclusive
of any other right which a Director or officer or other person indemnified pursuant to
Section 5.03 of this Article V may have or hereafter acquire under any law (common or
statutory), provision of the Articles or these Bylaws, agreement or disinterested Directors
or otherwise.
5.06 Insurance. The Corporation may purchase and maintain insurance, at its
expense, to protect itself and any person who is or was serving as a Director, officer,
employee or agent of the Corporation or is or was serving at the request of the
Corporation as a Director, officer, partner, venturer, proprietor, trustee, employee, agent
or similar functionary of another foreign or domestic corporation, partnership, joint
venture, proprietorship, employee benefit plan, trust or other enterprise against any
expense, liability or loss, whether or not the Corporation would have the power to
indemnify such person against such expense, liability or loss under this Article V.
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5.07 Notification. Any indemnification of or advance of expenses to a Director
or officer in accordance with this Article V shall be reported in writing to the members of
the Board with or before the notice of the next regular meeting of the Board and, in any
case, within the ninety (90) day period immediately following the date of the
indemnification or advance notification.
5.08 Savings Clause. If this Article V or any portion hereof shall be invalidated
on any ground by any court of competent jurisdiction, then the Corporation shall
nevertheless indemnify and hold harmless each Director, officer or any other person
indemnified pursuant to this Article V as to costs, charges and expenses (including
attorneys’ fees), judgments, fines and amounts paid in settlement with respect to any
action, suit or proceeding, whether civil, criminal, administrative or investigative, to the
full extent permitted by any applicable portion of this Article V that shall not have been
invalidated and to the fullest extent permitted by applicable law.
ARTICLE VI
Executive Director; Employees
6.01 Powers and Duties of the Executive Director.
(a) Chief Executive. The Executive Director shall be the chief executive
officer of the Corporation and, subject to the control of the Board, he or she shall be in
general charge of the Facilities and the properties and affairs of the Corporation. The
Executive Director has management and control of the Facilities, the properties and
operations of the Corporation, including the powers of a general manager. The Executive
Director shall be an ex-officio of all Board committees, except the Audit Committee. The
Executive Director will be responsible for implementing all orders and resolutions of the
Board, and all other powers that are not specifically reserved to the Directors or Cities,
will be executed by the Executive Director within the general guidelines and policies of
the Board and Cities.
(b) Responsible for hiring and supervision of Employees. The Executive
Director shall be responsible for hiring and terminating the employees of the Corporation.
All employees hired by the Executive Director shall be terminable at-will and not be
provided any term or promise of employment.
(c) Spending Authority. The Executive Director is authorized to approve all
contracts and expenditures that are not greater than the lowest authorized amount for
budgeted contracts and expenditures by the city managers of the Cities without Board
approval as long as funds are budgeted and are available for the expenditure.
(d) Annual Budget. The Executive Director is responsible for the preparation
of the Corporation’s annual budget.
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(e) Annual Business Plan. The Executive Director shall prepare a Corporation
business plan (the “Business Plan”) on an annual basis for review and approval by the
Board. The Business Plan shall include such items and matters required by the Board and,
at a minimum, shall include the following: (i) performance measures and benchmarks;
(ii) short term and long term waste stream tonnage to be received; (iii) anticipated new
customers and goals; (iv) compaction goals; (v) short and long range capacities and life
expectancy; (vi) possible future activities; and (vii) short and long term compost and
other waste diversion strategies.
6.02 Corporation Employees.
(a) The Executive Director shall be a full time employment position of the
Corporation, except that the Board may contract with a person or entity to serve as an
interim Executive Director to serve during the transition of the operation and
management of the Brazos Solid Waste Management Agency to the Corporation or until
the Board employs a person to serve as the Executive Director.
(b) For the initial operation of the Facilities, the Corporation shall utilize
employees of the Cities pursuant to the Operation Agreement. Any new employees (other
than the Executive Director) in excess of the persons employed from the Cities on a
contract basis pursuant to the Operation Agreement shall be employees of the
Corporation hired by the Executive Director.
ARTICLE VII
Code of Ethics
7.01 Policy and Purposes.
(a) It is the policy of the Corporation that Directors and officers conduct
themselves in a manner consistent with sound business and ethical practices; that the
public interest always be considered in conducting corporate business; that the
appearance of impropriety be avoided to ensure and maintain public confidence in the
Corporation; and that the Board establish policies to control and manage the affairs of the
Corporation fairly, impartially, and without discrimination.
(b) This Code of Ethics has been adopted as part of the Corporation’s Bylaws
for the following purposes: (a) to encourage high ethical standards in official conduct by
Directors and corporate officers; and (b) to establish guidelines for such ethical standards
of conduct.
7.02 Conflicts of Interest
(a) Abide by State and Criminal Laws for Public Officers. All directors, officers
and employees shall abide by the state civil and criminal laws regarding conflict of
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interest, official misconduct and other regulations and restrictions involving their official
duties.
(b) Disclosure and Abstention. It is the intent of these Bylaws, that the Directors,
Executive Director and officers shall take all steps to avoid the appearance of impropriety
in the conduct of their affairs on behalf of the Corporation. This includes not engaging in
any conduct or business that may be deemed to compromise their independent judgment
in executing their duties as Corporation officials. In the event that a Director, officer, or
the Executive Director has any financial or equitable interest, direct or indirect, in a
transaction that comes before the Board, or a committee or the Executive Director, the
affected Director or officer, must:
(i) disclose that interest in writing and file it with the Board Secretary; and,
(ii) refrain from discussing or voting on the same.
(c) Restrictions on Executive Director. The Executive Director is precluded
from having any financial or equitable interest in any contract, service (other than such
person’s employment) or acquisition that is subject to such person’s approval or that the
subordinates of the Executive Director may approve or monitor.
(d) Definition of Financial Interest/Relative. The “financial interest”
contemplated under (b) and (c) of this Section requires that the affected person who is the
Director, officer, or Executive Director or their relative receive an actual financial benefit
from the transaction with the Corporation. A relative is a person related within the first
degree of consanguinity or affinity to the Director, officer, or Executive Director. A
financial or equitable interest does not include the following:
(i) An ownership in the entity transacting business with the Corporation
where the ownership interest is less than one percent (1%).
(ii) Compensation as an employee, officer or director of the entity transacting
business with the Corporation where such compensation is not affected by
the entity’s transaction with the Corporation.
(iii) An investment or ownership in a publicly held company in an amount less
than TEN THOUSAND DOLLARS ($10,000.00)
(iv) An employee of a public entity serving on the Board.
7.03 Acceptance of Gifts. No Director or officer shall accept any benefit as
consideration for any decision, opinion, recommendation, vote or other exercise of
discretion in carrying out official acts for the Corporation. No Director or officer shall
solicit, accept, or agree to accept any benefit from a person known to be interested in or
likely to become interested in any contract, purchase, payment, claim or transaction
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involving the exercise of the Director’s or officer’s discretion. As used here, “benefit”
does not include:
(a) a fee prescribed by law to be received by a Director or officer or any other
benefit to which the Director or officer is lawfully entitled or for which he gives
legitimate consideration in a capacity other than as a Director or officer;
(b) a gift or other benefit conferred on an account of kinship or a personal,
professional, or business relationship independent of the official status of the Director or
officer;
(c) an honorarium in consideration for legitimate services rendered above and
beyond official duties and responsibilities if:
(1) not more than one honorarium is received from the same person in
a calendar year;
(2) not more than one honorarium is received for the same service; and
(3) the value of the honorarium does not exceed $250 exclusive of
reimbursement for travel, food, and lodging expenses incurred by the Director or
officer in performance of the services.
(d) A benefit consisting of food, lodging, transportation, or entertainment
accepted as a guest is reported as may be required by law.
7.04 Nepotism. No Director or officer shall appoint, or vote for, or confirm the
appointment to any office, position, clerkship, employment or duty, of any person related
within the second degree by affinity or within the third degree of consanguinity to the
Director or officer so appointing, voting or confirming, or to any other Director or
officer. This provision shall not prevent the appointment, voting for, or confirmation of
any person who shall have been continuously employed in any such office, position,
clerkship employment or duty at least thirty (30) days prior to the appointment of the
Director or officer so appointing or voting.
ARTICLE VIII
Miscellaneous Provisions
8.01 Seal. The seal of the Corporation shall be such as may be from time to
time approved by the Board. The seal of the Corporation shall not be required to be
placed on a document in order for the document to be considered a valid act or agreement
of the Corporation.
8.02 Notice and Waiver of Notice. Whenever any notice, other than public
notice of a meeting given to comply with the Open Meetings Act, is required to be given
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under the provisions of these Bylaws, such notice shall be deemed to be sufficient if
given by depositing the same in a post office box in a sealed postpaid wrapper addressed
to the person entitled thereto at his or her post office address, as it appears on the books
of the Corporation, and such notice shall be deemed to have been given on the day of
such mailing. If transmitted by facsimile or email, such notice shall be deemed to be
delivered upon successful transmission of the facsimile or email. A Director may waive
notice of any meeting. The attendance of a Director at any meeting shall constitute a
waiver of notice of such meeting unless such attendance is for the purpose of objecting to
the failure of notice. A waiver of notice, signed by the person or persons entitled to said
notice, whether before or after the time stated therein, shall be deemed equivalent thereto.
8.03 Gender. References herein to the masculine gender shall also refer to the
feminine in all appropriate cases and vice versa.
8.04 Reports.
(a) No later than ninety (90) days following the end of each fiscal year, the
Board shall submit to each City the following: (1) Program of Service; and (2) Annual
Report.
(b) The Executive Director shall provide a monthly operational and financial
report to the Board and the Technical Advisory Committee, inclusive of a report of all
contracts entered into and expenditures made by the Executive Director on behalf of the
Corporation pursuant to the authority of Section 6.01(c) of these Bylaws.
8.05 Distribution of Net Income; Return of Funds. Notwithstanding Section
431.107 of the Act entitling the Cities at all times to have the right to equally receive the
income earned by the Corporation, any income earned by the Corporation after payment
of reasonable expenses, reasonable reserves for future activities, debt, establishment of a
capital reserve, establishment of a reserve for closure and post closure liability, and
satisfaction of other legal obligations of the Corporation shall be retained by the
Corporation and applied equitably as a credit to the charges to Cities for tipping fees and
other fees and costs charged to Cities for the disposal of municipal solid waste at
Corporation’s facilities and/or other services provided by the Corporation to the Cities.
8.06 City Access to Records of Corporation. Notwithstanding the provisions of
the Public Information Act or any exceptions contained therein to disclosure and the
rights or limitations thereof regarding the review of records of Texas non-profit
corporation, the Cities shall have a special right to review and obtain copies of the
records of the Corporation, regardless of format, upon reasonable notice and during
regular business hours of the Corporation; provided, however, such special right of access
to the Cities shall not apply to records to which law or regulation expressly prohibit
disclosure to third parties that would by definition include the Cities.
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8.07 Expansion or Modification of Services. The Corporation may not expand,
reduce or modify the current municipal solid waste landfill and compost services
consisting of two municipal solid waste landfills and compost facility (collectively
referred to as the “BVSWMA Services”) without the approval of a two thirds (2/3)
majority vote of the entire Board. After approval by the Board, the proposed expansion,
reduction or modification of the BVSWMA Services, as the case may be, the proposed
expansion, reduction or modification (the “BVSWMA Services Modification”) shall be
submitted to each City for approval. Failure of a City to reject the BVSWMA Services
Modification approved by the Board on or before the thirtieth (30th) day after submission
to the Cities shall be deemed an approval of the BVSWMA Services Modification. The
Cities may approve or disapprove the BVSWMA Services Modification in whole or in
part. Failure of a City to reject any portion of the BVSWMA Services Modification
within the thirty (30) day period shall be deemed an approval of such portion of the
BVSWMA Services Modification.
8.08 Amendments. A proposal to alter, amend or repeal these Bylaws shall be
made by the affirmative vote of a majority of the entire Board at any annual or regular
meeting, or at any special meeting if notice of the proposed amendment be contained in
the notice of said special meeting. However, any proposed change or amendment to the
Bylaws must be approved by resolution of each City to be effective.
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25 March 2010
Regular Agenda Item No. 3
CSISD Development Regulations
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Presentation, possible action, and discussion regarding the
proposed approach to applying the City of College Station’s development standards
and regulations to College Station Independent School District projects.
Recommendation: Staff recommends the Council approve the attached general
agreement regarding the applicability and enforcement of the City’s development
standards and regulations to CSISD projects.
Summary: Traditionally, CSISD has generally complied with the City’s development
regulations that are grounded in health and life safety (building codes, fire codes,
floodplain regulations, etc.). However, a recent opinion from the Attorney General of
Texas (see attached) affirmed the authority of a home rule city to also enforce land
development regulations on an independent school district for the purpose of
aesthetics and the maintenance of property values.
Over the course of several months, based on the acknowledgement by both parties
that not all the development standards and regulations that exist in the City work for
projects such as a school City staff worked with CSISD Staff to negotiate the
applicability of the City’s development standards and regulations to CSISD projects.
The results of the negations are provided in tabular form as a coversheet
attachment.
These agreements for exemptions to the City Code are in addition to the current
practice of not requiring the CSISD to comply with customary submittal deadlines
and the previous Council approved CSISD exemption to the payment of development
review fees. As noted several of the exemptions will require amendment of the UDO
and will be subject to public hearings before the P&Z Commission and City Council.
Budget & Financial Summary: N/A
Attachments:
1. Proposed Development Standards
2. Attorney General Opinion No. GA-0697
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60
61
62
Proposed CSISD Development Regulations
Regulation/
Requirement
Waived by
Previous
Resolution
Currently
Addressed in
UDO
Requires
UDO/Building
Code
Amendment
Exempt from
City
Requirements
Compliance
Required
Addressed
by City
Policy or ILA
Development Fees X
Land Use Regulations X X
Sign Regulations 1 X X
Buffer Requirements2 X X
NRA Requirements X X
Outdoor Lighting
Standards X X
Parkland Dedication X X X
Subdivision
Regulations 3 X
Utility Lines X
Easements X
Sidewalks/Bikeways X
Adopted Building/Fire
Codes4 X X
Building Setbacks X
Height Restrictions
(Related to Single-
Family Setbacks)
X
Driveway Access &
Location Regulations X
Landscaping
Requirements5 X
Solid Waste
Requirements &
Standards
X
Storm Drainage
Requirements &
Standards6
X
Traffic Impact
Analysis
Requirements
X
1. Provisions in 7.4 D “Prohibited Signs” of the UDO would apply
2. Applies to educational buildings (group “E” as defined by the International Building Code) and accessory uses
3. Should CSISD voluntarily pursue platting, the plat shall comply with the applicable requirements
4. Kitchen food grinders are not required to have a solids interceptor when connected to a 1,000 gallon (or larger) grease interceptor
5. The City would work with CSISD when landscaping and/or screening requirements cause security concerns. Also, CSISD would be
exempt from fines associated with landscaping requirements.
6. The City of College Station will provide supporting engineering information for development requiring off-site studies
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