HomeMy WebLinkAbout10/14/2010 - Regular Agenda Packet - City Council (2)Table of Contents
Agenda 3
2a - Minutes
September 23, 2010 Workshop Minutes 7
September 23, 2010 Regular Minutes 14
October 6, 2010 Wellborn Special Minutes 22
October 6, 2010 Special Minutes 26
2b - Annual Curb, Gutter & Flatwork Price Renewal Agreement
Coversheet revised 29
Renewal Acceptance 30
2c - Roadway Traffic Markings & Traffic Control Services
Coversheet revised 34
Renewal Form for Highway Technology 35
Renewal Form for N-Line Maintenance 39
2d - Arts Council O&M Agreements
Coversheet revised 42
Budget 43
2e - RVP Funding Agreement
Coversheet revised 45
2f - CVB Funding Agreement
Coversheet revised 46
Budget 47
2g - Animal Shelter Resolution
Coversheet revised 50
Resolution 51
Resolution 52
2h - City of Bryan Retail Electric Franchise
Coversheet revised 53
ordinance granting franchise to COB 54
Attachment A 66
2i - Multifamily/Commercial Recycling Franchise
Coversheet revised 67
2j - Radio Rebanding Required by FCC – Motorola Contract
Change Order
Coversheet revised 68
Rebanding Change Order #1 to Motorola Contract 69
2k - Royder Road Participation Agreement College Station
Independent School District and City of College Station
Coversheet revised 72
Location map 73
2L - Nantucket Gravity Sewer Line Work Order Number
WF1094676 Change Order
Coversheet revised 74
Change Order 75
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Location map 76
2m - Food Waste Collection Franchise - Liquid Environmental
Solutions
Coversheet revised 77
2n - Food Waste Collection Franchise Amendment – Texas
Commercial Waste
Coversheet revised 78
No. 1 - Bond Refunding
Coversheet revised 79
Resolution 81
Ordinance 84
No. 2 - Phillip's Square Rezoning
Coversheet revised 135
Background 143
Maps 144
P&Z Minutes 146
Ordinance 148
No. 3 - Water Reclamation Project (WF0995711) Construction
Contract
Coversheet revised 158
Resolution 159
Location Map 160
Bid Tabulation 161
2
Mayor Council members
Nancy Berry Jess Fields
Mayor Pro Tem Dennis Maloney
John Crompton Katy-Marie Lyles
City Manager Dave Ruesink
Glenn Brown
Agenda
College Station City Council
Regular Meeting
Thursday, October 14, 2010 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
· Presentation in recognition of October as National Community Planning Month and recognition of the
City's efforts at planning.
· Report from Sister Cities student group and presentation of gifts from the Mayor of Greifswald, Germany
· Proclamation naming October as Breast Cancer Awareness (BCA) Month.
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 5:30 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. Comments should not personally attack
other speakers, Council or staff.
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 September 23, 2010 Workshop and Regular
Meetings and October 6, 2010 Wellborn and Special Council Meeting.
b. Presentation, possible action and discussion on the second and final renewal of bid #08-84 to Brazos
Paving Inc. in an amount not to exceed $411,000.00 for the annual blanket order of concrete curb/gutter &
flatwork used to maintain City infrastructure.
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Thursday, October 14, 2010
c. Presentation, possible action, and discussion of contract renewals for the installation of roadway traffic
markings and traffic control to Highway Technology of Austin, Texas in the amount of $163,182.50 and,
traffic control services to N-Line Traffic Maintenance of Bryan, Texas in the amount of $18,706.25.
d. Presentation, possible action and discussion on approving the budget of the Arts Council of Brazos Valley;
and presentation, possible action and discussion on two (2) operations and maintenance funding agreements
between the City of College Station and the Arts Council of Brazos Valley for FY11 totaling $164,000.
e. Presentation, possible action and discussion on a funding agreement between the City of College Station
and the Research Valley Partnership for FY11 in the amount of $300,000.
f. Presentation, possible action and discussion on approving the budget of the Brazos Valley Convention and
Visitors Bureau (CVB); and presentation, possible action and discussion on a funding agreement between the
City of College Station and the Brazos Valley Convention and Visitors Bureau for FY11 in the amount of
$1,057,000.
g. Presentation, possible action and discussion approving a resolution authorizing expenditures for the Brazos
Animal Shelter in the amount of $169,512.90.
h. Presentation, possible action, and discussion on the second reading of a ten (10) year franchise agreement
with the City of Bryan for retail sale of electricity within the City of College Station and certificated to Bryan
by the Public Utility Commission of Texas.
i. Presentation, possible action and discussion on the third and final reading of a franchise agreement with
Professional Trash Valet, LLC dba Brazos Valley Trash Valet & Recycling for the collection of recyclable
commodities from multifamily apartments and commercial businesses.
j. Presentation, possible action, and discussion regarding approval of Change Order No. 1 for a contract with
Motorola Inc. for equipment and services to support Rebanding of the City’s 800MHz Radio System,
decreasing the original contract of $258,191.28 by $20,473.00.
k. Presentation, possible action and discussion concerning approval of a Participation Agreement concerning
improvements to Royder Road and Greens Prairie Trail between College Station Independent School District
(CSISD) and the City of College Station.
l. Presentation, possible action, and discussion regarding a change order to the design contract (Contract
No.07-263) with Mitchell and Morgan in the amount of $4,240.00 for the Nantucket Gravity Sewer Line
project.
m. Presentation, possible action and discussion on the first reading of a franchise agreement with Liquid
Environmental Solutions for the collection of food waste for the purpose of recycling.
n. Presentation, possible action and discussion on the first reading of a franchise agreement amendment with
Texas Commercial Waste to add the collection of food waste for the purpose of recycling to its agreement.
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
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Thursday, October 14, 2010
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. Presentation, possible action, and discussion on a resolution approving a preliminary official statement,
and related material; and on an ordinance authorizing the issuance and sale of City of College Station,
Texas General Obligation Refunding Bonds, Series 2010; establishing parameters regarding the sale of
the bonds; approving the execution of an escrow agreement; and ordaining other matters related thereto,
including immediate effectiveness.
2. Public hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter
12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances
of the City of College Station, Texas, specifically rezoning 19.749 acres from A-O Agricultural Open
and R-1 Single-Family Residential to PDD Planned Development District for multi-family, office, and
general commercial uses, for 529 William D. Fitch Parkway, generally located on the north side of
William D. Fitch Parkway, west of the Castle Rock Subdivision and wetlands mitigation area.
3. Presentation, possible action, and discussion regarding the approval of a construction contract (10-251)
with Dudley Construction in the amount of $2,122,819.10 for the Water Reclamation Phase 1 Project.
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, October 14, 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 11th day of October, 2010 at 2:00 p.m.
________________________________
City Secretary
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City Council Regular Meeting Page 4
Thursday, October 14, 2010
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 October 11, 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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WKSHP092310 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
SEPTEMBER 23, 2010
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
City Staff:
Glenn Brown, City Manager
David Neeley, Assistant City Manager
Harvey Cargill, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Nancy Berry at 3:06 p.m. on Thursday, September 23, 2010 in the Council Chambers of
the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Presentation, possible action, and discussion on items listed on the consent agenda.
Items 2j, 2l, 2r, 2v, and 2x were pulled from the Consent Agenda.
2j. Mayor Berry thanked City staff for their conservation efforts as reflected in the Water Report.
2l. City Manager Glenn Brown reminded Council this was an item on the Workshop Agenda and
would be discussed later.
2r. Chuck Gilman, Capital Projects, explained that Operations and Maintenance costs have been
planned for throughout the design process. There are currently funds in the FY’11 budget for
when the project comes on board. $170,000 per year in additional costs has been estimated for
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WKSHP092310 Minutes Page 2
O&M. These costs are for the entire festival site. They have taken many steps to prevent any
waste of water in the interactive water feature.
2v. David Gwin, Economic Community Development, explained this was on the Consent
Agenda simply because it is a housekeeping matter to ratify an agreement.
2x. Alison Pond, Human Resources, reported the primary reasons for the decrease in our
insurance premiums are safety education, a robust return-to-work program, and we have
motivated employees. She acknowledged the Risk Management Team for their work and
diligence on this project.
2. Presentation, possible action, and discussion regarding trends and issues for the 2011
Texas Legislative session.
Dan Shelley, state legislative lobbyist for College Station, reported on the upcoming legislative
session. He doesn’t expect many changes in the senate, and he cannot predict the house races,
but it will probably stay republican. He noted there may be a republican challenge to the current
speaker after the election. According to the polls, there is only one race that will be a race, and
that will be the governor’s race. No other state-wide officials should change.
There will be a new senator from El Paso, probably the county attorney, Jose Rodriquez. Pre-
filing for legislation is November 8. The legislative session will begin January 8 and ends
Memorial Day.
As for the budget, there will be an $11 billion – $18 billion deficit. There was a $10 billion
deficit this past session, and the Legislature raised fees and shifted deregulations to meet that
short fall. The state does have a $9 billion rainy day fund. He expects they will dip into that for
education and transportation.
Cities need to be sure there are no unfunded mandates from Austin. Redistricting will kick into
place when the final census numbers come in. That bill has to pass that bill by the last day of the
session. If not, it then goes to the redistricting board and court review.
Not much happened over the summer, but on the senate side, the Lt. Governor made some
changes in committee chairmanships.
3. Presentation, possible action, and discussion regarding the formation of the College
Station Business Advisory Committee.
David Gwin, Economic Community Development, reminded the Council of their direction to
staff to move forward and develop a draft work plan for a new Business Advisory Committee.
Staff has developed a conceptual work plan, prepared a list of potential members, and drafted an
enabling resolution.
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The operating structure is advisory in nature, and the four main reasons why this entity is
important are to 1) create jobs, 2) generate wealth, 3) enhance the tax base, and 4) improve the
quality of life for residents. Initial startup costs will be absorbed in the FY’11 operating budget.
Proposed membership requirements include: up to a seven-member group, 2 year appointments,
appointed by the City Council, and with extensive experience in the local business community.
He presented to the Council a list of twelve potential members, representing a variety of
professional specialties and/or affiliations.
He identified four key functions (with some overlap) to analyze and understand information; act
as an idea sounding board; provide a broad perspective; and offer general support for economic
development. The CSBAC will focus on communication, connection, recognition and strategic
planning.
The communication function will include an annual business forum, a business directory,
continuing education workshops, and a lecture series.
The connection function serves to link prospective and existing business stakeholders through a
business mentor program, a business-to-business newsletter, networking events, and purchasing
partnerships.
The recognition function seeks to provide a gesture of gratitude for service, leadership or
innovation with an aspiring entrepreneurship program, a business recognition program and a
business leaders’ hall of fame.
The strategic planning function is to identify areas for future growth, re-evaluate incentives
policies and offerings, outline future economic development goals, study the medical corridor,
and better define the roles and objectives for the Research Valley Partnership and the Economic
and Community Development Department.
The enabling resolution authorizes the creation of the committee, with up to seven members, for
the purpose of providing advice and assistance to the City Council.
Council directed staff to focus on the strategy behind this and let the mechanics fall to those
groups that already do this so well.
4. Presentation, possible action, and discussion regarding false alarms and possible
strategies to reduce the number of police responses to false alarms.
Larry Johnson, Assistant Police Chief, reported false alarms are a nationwide problem. When an
alarm is called in, one officer is dispatched to the location. 98% of the time these are false
alarms. A letter is sent to business or resident to notify them of the false alarm. After five
alarms, there is a $50 fine assessed, and the information is sent to the accounting department.
Each subsequent alarm after five false alarms (within a twelve-month period) is assessed $50
each. His concern is that false alarms tend to breed complacency.
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Staff recommendations are: 1) consider requiring alarm permits; 2) using a third party vendor to
manage the alarm process; and 3) to adopt graduated fines for excessive false alarms.
Council consensus was to go with a third party vendor, adopt graduated fines for excessive false
alarms, and come back to the Council regarding the number of “free passes”.
5. Presentation, possible action, and discussion regarding the use of cell phones while
operating a motor vehicle, specifically as it relates to texting while driving.
Jeff Capps, Chief of Police, reported that car crashes are the number one cause of death for
persons aged 3 – 34 years of age. There are more than 280 million wireless subscribers in the
United States, and 11% of drivers at any time are using cell phones. Distracted driving includes
all hand-held devices. “Inattention Blindness” is caused by the cognitive distraction of a cell
phone conversation, and it is estimated that drivers using cell phones look but fail to see up to
50% of the information in the driving environment. Driver distractions have joined alcohol and
speeding as leading factors in fatal and serious injury crashes. The National Safety Council
estimates that 200,000 crashes each year are contributed to individuals texting while driving.
Current state law restricts bus drivers, new drivers and teen drivers under the age of 17 from
using cell phones while driving. Most recently, cell phone use in school zones was prohibited.
Possible challenges include: 1) additional funding needed for signage and an education
campaign; 2) transient community we in with TAMU/Game Days, etc.; each city across the state
is not uniform (we need state legislation); and city ordinance lacks consistency with state law as
it relates to cell phone use in school (crosswalks) zones.
Council consensus is to strongly lobby our state legislators to do something about this on a state
wide level.
6. Presentation, possible action, and discussion regarding a proposed amendment to the
City’s smoking ordinance defining smoking-related medical or scientific research and
adding it as an exception.
MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Lyles, the City Council voted five (5) for and none (0) opposed, to approve an
amendment to the City’s smoking ordinance defining smoking-related medical or scientific
research and adding it as an exception. The motion carried unanimously.
7. Council Calendar
· October 1 Dedication of the War for Texas Independence Memorial on the Lynn
Stuart Pathway at Veterans Park and Athletic Complex, 10:00 a.m.
· October 5 National Night Out at the CSPD *front door entrance, 5:00 p.m.
· October 6 Special Meeting - COCS Council and Citizens for Wellborn at Wellborn
Community Center - 4119 Greens Prairie Road W., 4:00 p.m.
· October 6 Special Meeting in the Administrative Conference Room, 6:00 p.m.
· October 12 84th Annual Transportation Short Course Luncheon at The Zone Club @
Kyle Field, 12:00 p.m.
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· October 14 Council Workshop/Regular Meeting in Council Chambers, 3:00 and 7:00
p.m.
· November 11 Dedication of the Korean War Memorial on the Lynn Stuart Pathway,
Veterans Park, 4:00 p.m.
· November 11 Reading of the Names at the Veterans Memorial, Adams Plaza, Veterans
Park, 6:00 p.m.
· November 11 Veterans Memorial Day Ceremony at the American Pavilion, Veterans
Park, 7:00 p.m.
Additional meetings are:
· September 27 Barron Road Ribbon Cutting
Mark Smith Retirement Reception
· November 10 Regular Council Meeting (moved due to Veteran’s Day)
8. Presentation, possible action, and discussion on future 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.
Councilmember Crompton remarked that the neighborhood overlay is too rigid and needs
tweaking.
Councilmember Fields concurred to take another look at the overlay process and also requested
to take another look at the bid process.
9. 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, BVSWMA,
BVWACS. Cemetery Committee, Code Review Committee, Design Review Board, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee,
Joint Relief Funding Review Committee, Landmark Commission, Library Board, Mayor’s
Council on Physical Fitness, Metropolitan Planning Organization, National League of
Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and
Zoning Commission, Research Valley Partnership, Regional Transportation Committee for
Council of Governments, Signature Event Task Force, Sister City Association, TAMU
Student Senate, Texas Municipal League, Transportation Committee, Wolf Pen Creek
Oversight Committee, Zoning Board of Adjustments, (Notice of Agendas posted on City
Hall bulletin board).
Mayor Berry reported on the Mayor’s Development Forum and stated a sub-committee has been
appointed to review the UDO. She also attended the County Health Board meeting, and they
adopted the budget.
Councilmember Lyles also reported on the Health Board meeting and noted that all entities
participated at the same levels as last year; they also received education on septic systems.
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Kenny Mallard was reappointed as chair. Regarding the Arts Council, she reported that the
Council will be hearing back regarding the lease back. Also, the benchmarking program is
coming along. She also attended an event celebrating the arts this week.
Councilmember Maloney reported the Transportation Board cancelled due to the lack of a
quorum. He reported that the design for Wolf Pen Creek was shown and is under the $3 million
budget. The bid documents will be ready to go out in November after Council approves it.
Councilmember Crompton reported the Mayor’s Development Forum has backed off the road
development fees because they need a full tool kit to see how to finance roads.
10. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, and
§551.074-Personnel, the College Station City Council convened into Executive Session at 5:30
p.m. on Thursday, September 23, 2010 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation
regarding:
· City of Bryan’s application with TCEQ for water and sewer permits in
Westside/Highway 60 area, near Brushy Water Supply Corporation to decertify City of
College Station and certify City of Bryan.
· Water CCN/2002 Annexation/Wellborn Water Supply Corporation.
· Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
McIlhaney, and Ben White.
· Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et
al
· Clancey v. College Station, Glenn Brown, and Kathy Merrill.
· Rachel Rahn v. Alma Martinez; The Arkitex Studio, Inc.; Charles Burris, AIA; Dr. Elton
Abbott, AIA; and City of College Station, Texas: Cause No. 09-000656-CV-361, in the
District Court of Brazos County, Texas, 361st Judicial District.
B. Consultation with Attorney to seek legal advice regarding:
· Discussion of Legal Issues; to wit: Wellborn Incorporation Request.
· Contemplated litigation; to wit: Legal remedies available to abate weeds, rubbish, brush
and other unsanitary matter from a lot in the College Hills residential area.
C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
· City Manager.
The Executive Session adjourned at 7:00 p.m. on Thursday, September 23, 2010.
Action on Executive Session or any workshop item not completed or discussed in the workshop
meeting may be discussed in the following Regular Meeting, if necessary.
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11. Adjournment
MOTION: There being no objection, Mayor Berry adjourned the workshop of the College
Station City Council at 8:39 p.m. on Thursday, September 23, 2010. The motion carried
unanimously.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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RM092310 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 23, 2010
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
City Staff:
Glenn Brown, City Manager
David Neeley, Assistant City Manager
Harvey Cargill, City Attorney
Sherry Mashburn, City Clerk
Tanya McNutt, Deputy City Clerk
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:05 p.m. on Thursday, September 23, 2010 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
1. Pledge of Allegiance, Invocation, consider absence request.
· Presentation and update on Police Officer Tracy Sheets’ recovery process
Police Chief Capps updated the Council on Officer Tracy Sheets’ recovery. Officer Sheets has
had four surgeries and rehabilitation. Officer Sheets came forward to thank the Council for their
support. Officer Sheets was honored with a standing ovation.
· Recognition of Mark Smith for his 30 years of service to the City of College Station
City Manager Glenn Brown recognized long-time city employee, Mark Smith, on the occasion of
his retirement. He has been with the City for over thirty years. He moved up through the ranks
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and became the Director of Public Works in 1993. Whatever he has been asked to do, he has
stepped forward and served the City and the community well. He is beginning a new career at
the San Jacinto River Authority as the Ground Water Reduction Program Manager.
· Citizen Comments
Jim Murphrey, 1015 Francis Drive, came to speak about the neighborhood Prevailing Overlay.
He stated that he had never heard of the College Hills Neighborhood Association and is still in
the dark about what that is. We are in the finest city in the world; we have a great staff, and we
are getting a better council and mayor. The citizens have worked hard to get going in that
direction. He has property on Ashford, approximately 1.25 acres, and hopes nothing happens to
take away his right to develop it to its potential. The City should not tell him he cannot do that.
There have been some fiascos in the past and hopes this City Council and staff will work on
priority projects and do away with these petty things like tonight. We don’t want to have to vote
this down like we did on city hall and the red lights. The Council should be here to serve and not
to control.
Kathleen O’Reilly, 1118 Ashford, reported that in 2009 a dozen people initiated a drive to
preserve the neighborhood and followed the process required by the city exactly. They collected
signatures and paid the processing fee. Since then there has been a flurry of activity and
misinformation. They withdrew the application to alleviate the pressure of a City Council
meeting deadline. However, there is still strong support for the overlay. The speakers tonight
are people who live in the neighborhood. She requested the Council to not dismiss the concerns
of the citizens. They are counting on the City to provide the tools they need.
Stephen Miller, 906 Munson, said he is sympathetic to the idea of planning to control life in the
neighborhood, but nothing can happen in that neighborhood as long as Munson remains a
throughway for over 7,000 vehicles daily. The overlay district restrictions do no good for those
owners of acreage along Munson. Other streets are insulated from it; the people on Munson are
not. After the failure of controlling the traffic on Munson, one homeowner turned his home into
a stockade.
Ginny West, 1203 Ashburn, stated that as one of the organizers of the effort, the desire to
preserve the neighborhood is alive, well and strong. She told potential signers she was interested
in protecting the neighborhood. She noted the overlay has serious problems that deserve a
second look. Some feel the restrictions punish the people they are designed to protect. Not only
does the overlay have problems, but the process is lengthy, arduous and expensive. If the NPO
does not work for a neighborhood like ours, then find one that does.
Dr. Tim Hall, 1044 Rose Circle, stated the neighborhood is well worth preserving. He is pleased
the speakers are asking for more time to address this correctly. College Hills is close to town
and adds to the value of the city as a whole.
Brooke Woodruff, 1118 Ashburn, urged the Council to continue to look for ways to protect older
neighborhoods. She likes to imagine the integrity of the neighborhood will remain for
generations to come. Accommodations must be made to address all perspectives.
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Gary Halter, 1204 Ashburn, stated that he was one that worked on this, and he spent lot of time
on this. They had neighborhood meetings, passed out the draft ordinance, and collected
signatures. However, vigilante groups went around and lied about the ordinance and caused
some people to remove their signatures. He asked how can you unsign something?
Mike Stephenson, 1005 Ashburn, said he one of those who unsigned. He is still in favor of the
overlay, but is now on the fence based on information he received from the planning office. He
stated that he trusts his neighbors more than he trusts the City. He noted that in thirty years there
will have been seven different mayors, but his neighbors will still be there. Once these issues
have been clarified, he will be back on board.
Pam Matthews, 1204 Marsteller, stated that she moved into College Hills to invest in her
family’s future. She was drawn by the history and the location. She would like to see the
character of the neighborhood protected.
Charles Vesperman, 1207 Ashburn, told the Council there is not another place like this
neighborhood in College Station. The Council has to do something or this one of a kind
neighborhood will disappear. He asked the Council to help them preserve their neighborhood.
Dennis Berthold, 1204 Marsteller, reported that he has put more into the house than he paid for
it. He noted the community of College Hills woodlands been there since the 1940’s. The
neighborhood wants to maintain its integrity, and its residents should be empowered to make the
changes. His home has a historical designation; this neighborhood represents honoring the past.
He is willing to work with others to achieve this end.
James Baker, 1119 Ashburn, reported he has lived there thirty years and has invested over
$130,000 over the past thirty years. He cares deeply about this neighborhood and donated 1.5
acres to city as woodlands. He is strongly in favor of anything to preserve it. When he was
approached to sign, he signed, and then withdrew because he found out from the City that a
person could not put in a two-story house. A person can only build up to the median of what
exists in your block face. That means that or less. Every time you build less, then the median
re-sets, and over time they will have smaller and smaller lot sizes and houses. Asking them to
give up their property rights does not solve anything. The charm of their neighborhood is their
diversity.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for City Council meetings on
September 9, 2010 and September 13, 2010.
2b. Presentation, possible action and discussion on the second reading of a franchise
agreement with Professional Trash Valet, LLC dba Brazos Valley Trash Valet & Recycling
for the collection of recyclable commodities from multifamily apartments and commercial
businesses.
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RM092310 Minutes Page 4
2c. Presentation, possible action, and discussion on the third reading of a five (5) year
franchise agreement with Texas Commercial Waste for the collection, processing, and
marketing of recyclable materials for an annual cost of approximately $576,420.
2c. Presentation, discussion and possible action regarding renewal of an annual price
agreement with Ergon Asphalt & Emulsions to provide emulsified asphalt products for the
maintenance of streets in an amount not to exceed $60,000.
2d. Presentation, possible action and discussion of an ordinance amending Chapter 3,
“Building Regulations”, Section 2, “Right-Of-Way Maintenance”, of the Code of
Ordinances.
2e. Presentation, possible action, and discussion on the FY 2010-2011 BVSWMA, Inc
Proposed Budget.
2f. Presentation, possible action, and discussion on the first reading of a ten (10) year
franchise agreement with the City of Bryan for retail sale of electricity within the City of
College Station and certificated to Bryan by the Public Utility Commission of Texas.
2g. Presentation, possible action, and discussion of an Agreement for Common Use of
Distribution Poles and Transmission Structures.
2h. Presentation, possible action, and discussion regarding the first renewal of a contract
with DXI Industries Inc. for the purchase of bulk liquid chlorine, not to exceed $77,220 per
year.
2i. Presentation, possible action, and discussion regarding the monthly report on irrigation
water use at City of College Station facilities and properties.
2j. Presentation, possible action, and discussion regarding approval of Change Order #3,
in the amount of $25,056.68 to contract 09-306 with HDR Engineers, Inc., for additional
professional services needed to develop our Wastewater Master Plan and the transfer of
$25,056.68 from wastewater contingency to this project.
2k. Presentation, possible action, and discussion regarding the formation of the College
Station Business Advisory Committee.
2l. Presentation, possible action, discussion, and approval on awarding Bid No. 10-79 for
the purchase of five distribution circuit breakers for the Electric Utility to WESCO
Distribution, Inc. in the amount of $101,490.00.
2m. Presentation, possible action, and discussion regarding approval to purchase Police
Department’s Electronic Citation Replacement Equipment, hand held units from
Advanced Public Safety (APS) for an amount not to exceed $66,459.35.
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RM092310 Minutes Page 5
2n. Presentation, possible action, and discussion regarding a Renewal Agreement for a
Landscape Maintenance Service Contract for thirty (30) sites comprised of parks, streets,
open space, and greenways with Landscapes, USA. This renewal will be on a month-to-
month basis, with monthly payments based upon the Fiscal Year 2011 annual amount of
$250,998.63. Monthly payments are not to exceed $20,916.55.
2o. Presentation, possible action, and discussion regarding a Renewal Agreement for a
Landscape Maintenance Service Contract for seventeen (17) sites comprised of various
municipal facilities with Rainbow Gardens Nursery. This renewal will be on a month-to-
month basis, with monthly payments based upon the annual Fiscal Year 2011 amount of
$113,904. Monthly payments are not to exceed $9,492.00.
2p. Presentation, possible action and discussion regarding approval of Contract 10-272 to
Black & Veatch Corp. to perform engineering analysis and a coordination study on the
CSU Electric transmission system in conjunction with Brazos Electric Cooperative and
BTU for an amount not to exceed $71,500.
2q. Presentation, possible action, and discussion approving a resolution authorizing the use
of competitive sealed proposals (CSP) as the delivery method for the Wolf Pen Creek
Water Feature and Festival Area project.
2r. Presentation, possible action and discussion to authorize expenditure of funds for
FY'11, items exempt from competitive bidding as described more fully in Texas Local
Government Code, Chapter 252.022; and other expenditures for interlocal contracts or fees
mandated by state law that are greater than $50,000.
2s. Presentation, possible action, and discussion regarding the award of Bid #10-89 for
steel distribution poles (Group A & B) to TransAmerican Power for $176,005.00, fiberglass
composite poles (Group C) to HD Supply for $89,540.00, and concrete pole (Table A-1 & A-
2) to Texas Electric Coop for $260,530.00. Total expenditure is $526,075.00. Group D item
will not be awarded.
2t. Presentation, discussion, and possible action regarding the consent for Assignment and
Assumption of Contract 10-149 to Osmose Utilities Services, Inc. for Wood Pole Treatment
and Inspection services.
2u. Presentation, possible action and discussion of an ordinance amending Chapter 10
“Traffic Code”, to add Section J. “Lodge Street Parking” for the implementation of a No
Parking Zone during times in which the street becomes two-way for vehicular traffic.
2v. Presentation, possible action, and discussion regarding a proposed amendment to the
City’s smoking ordinance defining smoking-related medical or scientific research and
adding it as an exception.
2x. Presentation, possible action, and discussion regarding City of College Station
Property/Casualty, Excess Liability and Workers Compensation Insurance Policies for
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RM092310 Minutes Page 6
Fiscal Year 2011. FY11 premiums have decreased 22% from FY10 premiums. With the
addition of Auto Property Damage coverage, the net decrease in premiums is 14% over
FY10 premiums. Council action is required to reject responses received from RFP 10-85, as
replaced by RFP 10-94.
2y. Presentation, possible action and discussion to approve a resolution not to exercise
Contract Number 09-092 renewal option #3 with Standard Insurance Company for long
term disability benefits.
2z. Presentation, possible action and discussion approving a resolution to terminate the
CVS Caremark Prescription Drug Benefits contract, #08-213, effective January 1, 2011,
without cause and without penalty, according to the terms of the contract.
Item 2f was pulled from the Consent Agenda.
MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Lyles, the City Council voted five (5) for and none (0) opposed, to approve the
Consent Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Public hearing, presentation, possible action, and discussion on an ordinance amending
Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the
Code of Ordinances of College Station, Texas, specifically zoning 115.14 acres along
Munson Avenue, Marsteller Avenue, Woodland Parkway, Ashburn Avenue, Rose Circle,
and Holt Street between Lincoln Avenue and Gilchrist Avenue with Neighborhood
Prevailing Overlay.
Bob Cowell, Planning and Development Director, reported that the applicant had withdrawn
their application for a Neighborhood Prevailing Overlay.
2. Public Hearing, presentation, possible action, and discussion approving an ordinance
vacating and abandoning a 152 square foot portion of right-of-way located at 406 Boyett
Street and a 207 square foot portion of right-of-way located at 407 Second Street.
At approximately 7:45 p.m. Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:47 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Crompton, the City Council voted five (5) for and none (0) opposed, to adopt the ordinance
vacating and abandoning a 152 square foot portion of right-of-way located at 406 Boyett Street
and a 207 square foot portion of right-of-way located at 407 Second Street. The motion carried
unanimously.
3. Presentation, possible action, and discussion regarding an ordinance amending Chapter
11, "Utilities" Section 2, "Water and Sewer Services," of the Code of Ordinances of the
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RM092310 Minutes Page 7
City of College Station, Texas having the effect of raising rates for water service and
wastewater service.
MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Maloney, the City Council voted four (4) for and one (1) opposed, with
Councilmember Fields voting against, to adopt the ordinance amending Chapter 11, "Utilities"
Section 2, "Water and Sewer Services," of the Code of Ordinances of the City of College Station,
Texas having the effect of raising rates for water service and wastewater service. The motion
carried.
4. Presentation, possible action, and discussion regarding an ordinance amending Chapter
11, “Utilities” Section 4, “Electric Service” of the Code of Ordinances of the City of College
Station, Texas having the effect of raising revenues for electric services approximately six
percent (6%).
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Lyles, the City Council voted four (4) for and one (1) opposed, with Councilmember Fields
voting against, to adopt the ordinance amending Chapter 11, “Utilities” Section 4, “Electric
Service” of the Code of Ordinances of the City of College Station, Texas having the effect of
raising revenues for electric services approximately six percent (6%). The motion carried.
5. Presentation, possible action, and discussion regarding an ordinance approving an
increase in rates for Atmos Energy pursuant to the Rate Review Mechanism tariff
approved in 2008.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Fields, the City Council voted five (5) for and none (0) opposed, to adopt the ordinance
approving an increase in rates for Atmos Energy pursuant to the Rate Review Mechanism tariff
approved in 2008. The motion carried unanimously.
6. Presentation, possible action, and discussion on a Construction Manager at Risk
(CMAR) contract with Bartlett Cocke, L.P. for the Fire Station No. 6 project for a not to
exceed amount of $6,000,000.00.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Crompton, the City Council voted five (5) for and none (0) opposed, to approve the Construction
Manager at Risk (CMAR) contract with Bartlett Cocke, L.P. for the Fire Station No. 6 project for
a not to exceed amount of $6,000,000.00. The motion carried unanimously.
7. Presentation, possible action, and discussion regarding the City’s appointments to the
Brazos Animal Shelter’s Board of Directors.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Maloney, the City Council voted five (5) for and none (0) opposed, to reappoint Judy LeUnes
and Assistant Chief Larry Johnson, per staff recommendation. The motion carried unanimously.
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RM092310 Minutes Page 8
8. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the regular session of the
College Station City Council at 8:15 p.m. on Thursday, September 23, 2010. The motion carried
unanimously.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
21
SM100610 Wellborn Minutes Page 1
MINUTES OF THE SPECIAL CITY COUNCILMEETING
CITY OF COLLEGE STATION
OCTOBER 6, 2010
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Dave Ruesink
City Staff:
Sherry Mashburn, City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Special Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 4:15 p.m. on Wednesday, October 6, 2010 in the Wellborn
Community Center, 4119 Greens Prairie Road W., College Station, Texas.
2. Presentation, possible action, and discussion regarding issues related to the request from
Citizens for Wellborn for consent to incorporate.
Mayor Berry thanked Wellborn for hosting the meeting and stated that the City of College
Station City Council wanted to help make Wellborn the kind of community its citizens want it to
be.
Jane Cohen, Citizens for Wellborn said it is important to have an open discussion of all
possibilities and began the presentation. She reported that the initial Wellborn request to
preserve historic Wellborn was in February 2010. The city requested a meeting; however, it was
not received until just before the date, and there was no time to get people together. She felt the
meeting request was a publicity gimmick just before the election and did not appreciate it. The
initial request was never responded to. There was another petition that 1,500 College Station
residents signed, requesting to let Wellborn vote. City staff said this was a Wellborn petition,
but it was not.
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SM100610 Wellborn Minutes Page 2
Ms. Cohen reported that she had done an Open Records Request, and City Attorney Cargill said
it was a phony demand. She asserted that College Station did not comply with state law. Her
complaints regarded Mr. Cargill’s memo, dated February 23, referencing two ordinances that she
has not seen; Adam Flaco’s letter to the State Attorney General; and the transcript of the March
30 meeting. She also noted that Mayor Berry gave a directive to Council to not respond. An
incorrect email address was used in a response; and therefore no response was given to the
College Station citizens who presented the petition. She complained that the City Attorney
remarked to the Wellborn attorney that Wellborn incorporation would only happen over his dead
body, and the City Planner had stated that, as a City Planner, he would never recommend
allowing incorporation. She was told that the City did not respond because Wellborn was suing
the City and stated that Wellborn was not suing the City. She reported that three different groups
have approached her about recall petitions, but she told them that she could not do that.
A brief overview was given about historic Wellborn. The railroad gave three acres for a
cemetery and church, and in 1868 the post office was established. Wellborn was platted and
recorded at the county courthouse in 1894. Wellborn has been her for many years, and they do
not want to see it wiped off the map. At one time, the community had 400 people, but those
numbers declined when the railroad moved north to Bryan. They are proud of their community
and want to keep it as Wellborn, Texas.
Regarding College Station’s response to the 1,500 College Station signatories on the petition,
there is a fundamental constitutional issue at stake. They disagree with the Chief Justice that
heard the Writ of Mandamus and feel there should not be any jurisdiction of any kind where
elected officials can put into place rules over those who cannot vote. It was noted that, as a
Council, the City can dictate procedure and policy, but Wellborn residents cannot vote. Legally,
the City does not have to grant the citizens of Wellborn anything, morally, they should. The
people who live in Wellborn deserve the right to vote on whether or not they want to incorporate.
It is not certain this would pass if taken to a vote once the obligations become known. However,
if such a vote was held, then Wellborn would go away feeling they had been given a chance for
their say. Otherwise, there will forevermore be rancor against College Station. There needs to
be that debate on whether to incorporate or not. They want to pursue this in order to preserve the
historical identity of Wellborn. Otherwise, sometime in the future, Wellborn will no longer
exist. They want to protect and conserve the resources they have acquired that allow them to live
the way they want to live. It has been said they don’t want to pay taxes. That reason is wrong; if
they incorporate, they will have to pay taxes. It was noted that in a month, there will be the
biggest upheaval in the history of the United States because the politicians have ignored the
wishes of the people. This election will come down as a referendum on whether or not they have
been listening to the people. They cannot ignore the people who have elected them. Council
was asked what it was they are so afraid of that they will not allow this request to go forward. If
there is a real threat, then maybe it can be worked through. There is a question of fairness to
allow people to exercise their fundamental right to vote.
Citizens for Wellborn asserted that the map is not a College Station decision. Staff has said that
Wellborn is not a community, and the county judge would not order the election. It was stated
that the map extends beyond the core area with residents spread out over an area connected by
county roads with five miles between residents. They reported that state law only gives College
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SM100610 Wellborn Minutes Page 3
Station the right to decide whether the citizens are allowed to vote on this. Only if the City
Council approves an ordinance granting the election, can the Wellborn residents vote. They
asserted that they are not impeding roads, and they are not in a flood plain. State law requires a
minimum of 201 residents within a 2 square mile area with an application signed by at least 50
qualified voters. Communities with a population of 2,001 – 4,999 are limited to four square
miles in the initial incorporation.
Regarding extraterritorial jurisdiction (ETJ) statutes, Chapter 42 of the Local Government Code,
states the purpose of the ETJ is to allow a city to promote and protect the general health, safety,
and welfare of persons residing in and adjacent to the city. The 2010 Texas Republican Party
platform says that annexation proceedings should guarantee that the residents of an annexation
may vote on the annexation and voters of the jurisdiction proposing the annexation must
authorize the proposal. This is a prime example of our representatives saying people have right to
vote on their future.
This request provides some advantages to College Station. It encourages College Station to
develop in College Station and not in the ETJ; it balances the city codes so developers will build
in College Station (College Station is built out at 62%). Homes that will be annexed must have a
$400,000 valuation to break even on providing services, and in fact will cost College Station
residents. Excessive annexation by College Station dilutes services – emergency, fire and police
– creating a health and safety issue for all city residents. What is historical is the lifestyle they
have in Wellborn, and the greatest advantage is for us to be good neighbors. It will save
taxpayers money; improve the gateway to College Station more quickly; improve the reputation
of College Station by doing what’s right; improve the desirability of the overall community to
prospective businesses; and increase community pride. Staff says Wellborn is incorrectly
playing on the sympathies of College Station residents, and the citizens of Wellborn are not
including their own. Residents of other cities know this is a bad idea, and College Station
residents will pay. In cases like Wellborn, those residents should be given the chance to vote.
Council was asked if they want to be the poster child for bad cities during the 2011 legislative
session? Wellborn is prepared to let state senators and representatives know they will testify
against cities as a whole and College Station in particular.
They handed out a draft ordinance, adapted from other cities that have done this. They reiterated
the City is not being asked to vote on Wellborn’s incorporation; the City is being asked to allow
the democratic process to proceed.
Mayor Berry stated that the voices of Wellborn are being heard. Their desire is same as the
City’s; we want to make sure Wellborn stays Wellborn and protect their rural way of life. The
City also wants to preserve the physical integrity and history of Wellborn, and protect their
resources. She noted that the petition was not a question of whether the signatures were valid; it
was a question of whether a petition was the way to proceed. She asked rhetorically, what do we
need to do, and answered we can do any kind of zoning they want (like a Wellborn historical
district); we can have building codes; whatever they don’t have in the county, they can do in the
city. The Mayor reiterated that the City and Wellborn have the same goals and what needs to be
discussed now is the vehicle to achieve those goals.
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SM100610 Wellborn Minutes Page 4
Citizens for Wellborn stated they have not seen an alternative map consistent with state law that
will allow them to vote. Councilmember Fields asked them to come up with their own
alternatives to preserve Wellborn. There is no perfect win-win given the different perspectives.
He asked if the ability to request a non-annexation agreement an alternate option. No changes in
the fundamental land use can occur or the land is automatically annexed. The response was that
Citizens for Wellborn would like to see the City prepare an document outlining those
alternatives. The Mayor asked what other vehicles might be out there. She also said the options
could be a menu selection – one from column A, two from column B, etc.
The Mayor was asked what is it about the Wellborn incorporation that the City fears. The Mayor
responded, if all their objectives are met, then what is it they fear about College Station
annexation? They replied that annexation would ultimately result in the dissolution of Wellborn.
They stated they trust the group at the table today, but they don’t know who is coming down the
road.
Councilman Maloney pointed out that Wellborn has changed drastically since 1970; they cannot
stop growth. He presented several options for consideration: 1) have a historic district with as
draconian requirements as needed; 2) form an HOA and have as strict or as lax rules as they
want; 3) create an historic overlay; 4) create development corridors to manage growth; and 5)
have a non-annexation agreement that lasts forever until they decide to change the land use.
No action was taken by the City Council.
3. Adjournment
MOTION: There being no objection, Mayor Berry adjourned the Special Meeting of the
College Station City Council at 5:40 p.m. on Wednesday, October 6, 2010. The motion carried
unanimously.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
25
SM100610 Minutes Page 1
MINUTES OF THE SPECIAL CITY COUNCILMEETING
CITY OF COLLEGE STATION
OCTOBER 6, 2010
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Marie Lyles
Dave Ruesink
City Staff:
Glenn Brown, City Manager
David Neeley, Assistant City Manager
Harvey Cargill, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Special Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 6:10 p.m. on Wednesday, October 6, 2010 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
2. Presentation, possible action and discussion regarding approval of a real estate contract
between the City of College Station and the College Station Independent School District for
the purchase of approximately 30.30 acres in the Thomas Carruthers League Survey
Abstract 9.
MOTION: Upon a motion made by Councilmember Crompton and a second by
Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to approve the
real estate contract between the City of College Station and the College Station Independent
School District for the purchase of approximately 30.30 acres in the Thomas Carruthers League
Survey Abstract 9. The motion carried unanimously.
26
SM100610 Minutes Page 2
3. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney and
§551.074-Personnel, the College Station City Council convened into Executive Session at 6:14
p.m. on Wednesday, October 6, 2010 in order to continue discussing matters pertaining to:
Litigation Consultation with Attorney {Gov’t Code Section 551.071}; possible action
a. City of Bryan’s application with TCEQ for water & sewer permits in
Westside/Highway 60 area, near Brushy Water Supply Corporation to decertify City
of College Station and certify City of Bryan
b. Water CCN / 2002 Annexation / Wellborn Water Supply Corporation
c. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
McIlhaney, and Ben White
d. Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College
Station, et al
e. Clancey v. College Station, Glenn Brown, and Kathy Merrill
f. Rachel Rahn v. Alma Martinez; The Arkitex Studio, Inc.; Charles Burris, AIA; Dr.
Elton Abbott, AIA; and City of College Station, Texas: Cause No. 09-000656-CV-
361, In the District Court of Brazos County Texas, 361st Judicial District
Legal Advice Consultation with Attorney {Gov’t Code Section 551.071}; possible action
a. Discussion of Legal Issues Regarding: Wellborn Incorporation Request
b. Contemplated Litigation, Legal remedies available to abate weeds, rubbish, brush and
other unsanitary matter from a lot in the College Hills residential area.
Personnel {Gov’t Code Section 551.074}; 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 public. The following public officer(s) may be discussed:
a. City Secretary
b. City Manager
c. City Attorney
The Executive Session adjourned at 9:43 p.m. on Wednesday, October 6, 2010.
4. Action on Executive Session.
No action was required from Executive Session.
5. Adjournment
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Fields, Mayor Berry adjourned the Special Meeting of the College Station City Council at 9:45
p.m. on Wednesday, October 6, 2010. The motion carried unanimously.
27
SM100610 Minutes Page 3
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
28
October 14, 2010
Consent Agenda Item No. 2b
Annual Curb, Gutter & Flatwork Price Renewal Agreement
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Public Works
Agenda Caption: Presentation, possible action and discussion on the second and final
renewal of bid #08-84 to Brazos Paving Inc. in an amount not to exceed $411,000.00 for
the annual blanket order of concrete curb/gutter & flatwork used to maintain City
infrastructure.
Recommendation(s): Staff recommends renewal of the annual blanket order to Brazos
Paving Inc. in the amount not to exceed $411,000.00 annually.
Summary: Maintenance of flatwork, curbs and gutters is contracted on an as needed
basis, by the Public Works Department and College Station Utilities. This is the second and
final renewal of two optional renewals of the annual blanket order awarded in bid #08-84.
Budget & Financial Summary: Funding for this service comes from the operating
budgets for streets, drainage and utility maintenance.
Attachments:
1. Renewal Letter
29
30
31
32
33
October 14, 2010
Consent Agenda Item No. 2c
Roadway Traffic Markings & Traffic Control Services
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion of contract renewals for the
installation of roadway traffic markings and traffic control to Highway Technology of Austin,
Texas in the amount of $163,182.50 and, traffic control services to N-Line Traffic
Maintenance of Bryan, Texas in the amount of $18,706.25.
Recommendation(s): This is a two part contract renewal.
· Staff recommends approval of the renewal for roadway traffic markings to Highway
Technology of Austin, Texas in the amount of $163,182.50.
· Staff also recommends approval of the renewal for traffic control services to N-Line
Traffic Maintenance of Bryan, Texas in the amount of $18,706.25.
The total amount of the renewals is $181,888.75
Summary: These contractors will provide pavement markings, barricades and construction
signage at various locations around the City. These services are essential in guiding
vehicular and bicycle traffic throughout the City. Proper traffic control provides safety for
the motoring public driving through construction zones and emergency situations.
Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for the
installation of roadway traffic markings and traffic control services is provided from the
operating budget of Traffic Operations Budget.
Attachments:
1. Renewal Form for Highway Technology
2. Renewal Form for N-Line Maintenance
34
35
36
37
38
39
40
41
October 14, 2010
Consent Agenda Item No. 2d
Arts Council of Brazos Valley Budget and Funding Agreements
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on approving the
budget of the Arts Council of Brazos Valley; and presentation, possible action and
discussion on two (2) operations and maintenance funding agreements between the
City of College Station and the Arts Council of Brazos Valley for FY11 totaling
$164,000.
Recommendation(s): Staff recommends approval of the Arts Council budget and
approval of the funding agreements.
Summary: As part of the 2010-2011 budget process the City Council approved
operations and maintenance funding for the Arts Council of Brazos Valley in the
amount of $164,000.
Of this amount, $75,000 is from the General Fund for operations and maintenance of
the Arts Council. $89,000 is from the Hotel Tax fund for operations and maintenance
associated with the administration of Hotel Tax funds. This item is for the
consideration of the 2 funding agreements.
State law requires that the City Council adopt the budget of any organization that is
to be funded through the Hotel Occupancy Tax.
The Affiliate contract in the amount of $200,000 will come back to the City Council
for consideration in the near future.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2010-2011 General Fund budget in the amount of $75,000 and the
Hotel Tax Fund budget in the amount of $89,000.
Attachments:
1. Arts Council of Brazos Valley Budget
2. Arts Council of Brazos Valley General Fund Funding Agreement (available in
City Secretary’s Office)
3. Arts Council of Brazos Valley Hotel Tax Fund O&M Funding Agreement
(available in City Secretary’s Office)
42
Account 2010-2011 Proposed Budget 2009-2010 Approved Budget
430 · Contributed Income
431 - Membership Dues 23,500.00$ 32,200.00$
432 - Fundraising events (contribution)24,370.00$ 11,300.00$
433 - Government Grants 441,250.00$ 507,935.00$
434 - Foundation & Trust Grants 5,500.00$ 15,000.00$
435 - Corporate Contributions 13,000.00$ 40,000.00$
440 - Program Service Revenue 3,250.00$ 5,500.00$
450 - Other Revenue
451 · Investments 220.00$ 450.00$
452 · Rentals 750.00$ 1,500.00$
453 - Fundraising events (non-contrib.)97,100.00$ 29,500.00$
454 - Inventory Sales 10,000.00$ 9,000.00$
460 · Miscellaneous Revenue 2,000.00$ 3,700.00$
TOTAL INCOME 620,940.00$ 656,085.00$
600 · Awards & Grants
601 - Awards & Grants to Organizations 217,000.00$ 223,000.00$
602 - Awards & Grants to Individuals 1,000.00$ 2,500.00$
610 - Salaries & Related Expenses
611 - Salaries & Wages 152,701.00$ 153,000.00$
612 - IRA Employer Contributions 2,115.00$ 2,500.00$
613 - Employee Benefits - not pension 14,364.00$ 10,500.00$
614 - Payroll taxes & fees 12,591.00$ 15,175.00$
620 - Fees for Services
621 · Accounting Fees 21,500.00$ 25,600.00$
622 · Legal Fees 1,500.00$ 2,500.00$
623 · Artist Fees 20,000.00$ 20,000.00$
630 - Advertising, Printing & Promotion 19,995.00$ 45,223.75$
640 - Office Expenses
641 · Postage, Mailing Service 1,975.00$ 5,000.00$
642 · Supplies 31,625.00$ 19,223.75$
643 · Telephone, Telecommunications 6,400.00$ 5,400.00$
650 - Information Technology 1,000.00$ 2,500.00$
660 - Occupancy
661 - Facility & Equipment Rental 5,929.00$ 5,000.00$
662 - Security 900.00$ 4,400.00$
663 - Maintenance & Janitorial 4,200.00$ 4,200.00$
664 - Pest Control 600.00$ 600.00$
665 - Utilities 17,500.00$ 15,000.00$
666 - Depr. & Amort - Allowable -$ -$
667- Mortgage Interest 19,250.00$ 25,000.00$
670 - Travel
671 · Travel & In-region Mileage 3,175.00$ 3,000.00$
672 · Conference, Convention, Meeting 1,250.00$ 3,250.04$
673 · Meals/Catering Fees 9,930.00$ 27,172.50$
680 - Insurance 6,000.00$ 2,850.00$
690 - Other expenses
691 · Bank Charges 150.00$ 500.00$
692 · Credit Card Charges 1,200.00$ 2,000.00$
43
693 · Donated Goods and Services -$ -$
694 · Memberships and Dues 1,500.00$ 1,500.00$
695 · Training & Development 1,250.00$ -$
696 · Gallery Opening Events 5,500.00$ 2,500.00$
697 · Artist Commission 6,162.50$ 5,550.00$
698 · Host Commission 2,760.00$ 3,000.00$
699 · Other Costs 8,300.00$ 1,000.00$
TOTAL EXPENSE 599,472.50$ 638,645.04$
Other Income/Expense
Debt Paydown (24,000.00)$ (24,000.00)$
Mortgage Principle Paydown (21,000.00)$ (12,965.94)$
NET INCOME (23,532.50)$ (19,525.98)$
44
October 14, 2010
Consent Agenda Item No. 2e
Funding Agreement With Research Valley Partnership
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a funding
agreement between the City of College Station and the Research Valley Partnership
for FY11 in the amount of $300,000.
Recommendation(s): Staff recommends approval of the funding agreement.
Summary: As part of the 2010-2011 budget process the City Council approved
funding for the Research Valley Partnership in the amount of $300,000. This funding
is for the provision of economic development services for the area.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2010-2011 General Fund in the total amount of $300,000. These
funds are for the operations and maintenance of the Research Valley Partnership in
FY 11.
Attachments:
1. Research Valley Partnership Funding Agreement (available in City Secretary’s
Office)
45
October 14, 2010
Consent Agenda Item No. 2f
Brazos Valley Convention and Visitors Bureau Budget and Funding Agreement
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on approving the budget of
the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action
and discussion on a funding agreement between the City of College Station and the Brazos
Valley Convention and Visitors Bureau for FY11 in the amount of $1,057,000.
Recommendation(s): Staff recommends approval of the CVB budget and the funding
agreement for FY11.
Summary: As part of the 2010-2011 budget process the City Council approved funding for
the Brazos Valley Convention and Visitors Bureau in the amount of $1,057,000. Of this
amount, $1,032,00 is for marketing and operational activities directly associated with the
promotion of tourism and the hotel industry in College Station by the CVB and $25,000 is
for marketing activities of the George Bush Presidential Library and Museum.
Budget & Financial Summary: The funds for this agreement are budgeted and available
in the 2010-2011 Hotel Tax Fund budget. A total of $1,057,000 is to be used for marketing
and operational activities directly associated with the promotion of tourism and the hotel
industry in College Station.
State law requires that the City Council adopt the budget of any organization that is to be
funded through the Hotel Occupancy Tax funds.
Attachments:
1. CVB Budget
2. CVB Funding Agreement (available in City Secretary’s Office)
46
Oct '10 - Sep 11
Ordinary Income/Expense
Income
Booking Commissions 6,000.00
Brazos County 25,000.00
Bryan 125,000.00
Bryan Downtown 8,400.00
BVSF Events
Entry Fees 9,000.00
Programs 150.00
Souvenirs 700.00
Sponsorships 13,000.00
Tickets 7,000.00
Total BVSF Events 29,850.00
College Station
Bush Library 25,000.00
College Station - Other 1,032,000.00
Total College Station 1,057,000.00
Industry Participation 21,280.00
Interest earned 6,000.00
Total Income 1,278,530.00
Expense
Adminstrative/Operations
Audit/Legal/Professional Serv.12,050.00
Bank Charges 204.00
Board Expenses 6,375.00
Building Repairs & Maintenance 23,276.00
Electrical/Water Svc Expense 11,400.00
Liability Insurance 10,275.00
Office Supplies 9,300.00
Outside Storage 2,100.00
Property Tax 2,100.00
Sympathy/Recognition 3,600.00
Technical Support 15,600.00
Telephone 15,600.00
Vehicle Gas & Maintenance 5,319.00
Total Adminstrative/Operations 117,199.00
Bush Library Funding 25,000.00
3:55 PM Bryan-College Station Convention & Visitors Bureau
10/04/10 Profit & Loss Budget Overview
Accrual Basis October 2010 through September 2011
Page 1
47
Oct '10 - Sep 11
Capital
Equipment
Equipment Repair & Maint.0.00
Lease 11,800.00
Equipment - Other 4,200.00
Total Equipment 16,000.00
Total Capital 16,000.00
Marketing/Sales/Promotion
Admission Tickets/Merchandise 1,800.00
Advertising 142,644.25
Bid Fees 2,500.00
Client Relations 2,875.00
Community Luncheons/Events 3,015.00
Event Personnel 20,550.00
Facility Rental 22,000.00
Gift Baskets 2,250.00
Luncheons/Banquet 10,995.00
Memberships/Subscriptions 23,412.00
Postage 12,860.00
Printing 6,230.00
Professional Development 10,745.00
Promotional 23,695.50
Research 15,000.00
Sales/Marketing Leads 7,485.00
Site Visits/FAM Tours 2,900.00
Sponsorships 55,459.25
Trade Show/Booth 28,085.00
Travel
Air 12,755.00
Ground 9,230.00
Hotel 36,400.00
Meals 9,180.00
Misc.1,465.00
Total Travel 69,030.00
Website
Advertising 44,800.00
Total Website 44,800.00
Total Marketing/Sales/Promotion 508,331.00
3:55 PM Bryan-College Station Convention & Visitors Bureau
10/04/10 Profit & Loss Budget Overview
Accrual Basis October 2010 through September 2011
Page 2
48
Oct '10 - Sep 11
Payroll Expenses 612,000.00
Total Expense 1,278,530.00
Net Ordinary Income 0.00
Net Income 0.00
3:55 PM Bryan-College Station Convention & Visitors Bureau
10/04/10 Profit & Loss Budget Overview
Accrual Basis October 2010 through September 2011
Page 3
49
October 19, 2009
Consent Agenda Item No. 2g
Authorize Animal Shelter Funding Resolution
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion approving a resolution
authorizing expenditures for the Brazos Animal Shelter in the amount of $169,512.90.
Recommendation(s): Staff recommends approval of the resolution funding in the amount
of $169,512.90 to the Brazos Animal Shelter.
Summary: On September 13, 2010 Council approved the FY11 budget, which included
funding for the Brazos Animal Shelter. An Interlocal Agreement was approved on October
22, 1991 and amended July 27, 1999. On September 13, 2001, the Council approved
another amendment to the Interlocal Agreement providing for the extension of a lease with
the City of Bryan. On September 25, 2008 an updated ILA was approved by the City
Council.
The FY 11 funding level was provided to the City based on the animal shelter determination
of what they believe the cost is to the City of College Station for providing the contracted
services. The City is continuing to work with the animal shelter on a new interlocal
agreement. Until that agreement can be finalized staff is recommending that the attached
resolution be approved to provide the funding level directed by the City Council during the
FY 11 budget process.
Budget & Financial Summary: Funds are available and budgeted in the General Fund in
the Police Department Uniform Patrol division budget. Payments are made in equal
installments on the monthly basis.
Attachments:
1. Resolution
50
RESOLUTION NO.___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS AUTHORIZING
ANNUAL EXPENDITURE TO THE BRAZOS ANIMAL SHELTER FOR ANIMAL SHELTER SERVICES PROVIDED
TO THE CITY OF COLLEGE STATION BY THE BRAZOS ANIMAL SHELTER.
WHEREAS the City of College Station entered into an Agreement for Animal Shelter Services with the
Brazos Animal Shelter on September 25, 2008.
WHEREAS Section 2 of the Agreement says the City shall pay a fee for Animal Shelter Services to be
established annually by separate resolution; 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 authorize the expenditure for Fiscal
Year 2010-2011 in the amount of $169,512.90, to be payable in 12 equal installments of
$14,126.07.
Part 2: That funds are budgeted and available in the Fiscal Year 2010-2011 Approved Budget in
the General Fund Police Department Budget.
Part 3: That this resolution is to be effective for the 2010-2011 Fiscal Year from October 1, 2010
– September 30, 2011.
Part 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this _________ day of _____________________, A.D. 2010.
ATTEST: APPROVED:
______________________________ ____________________________
City Secretary Mayor
APPROVED:
______________________________
City Attorney
51
52
October 14, 2010
Consent Agenda Item No. 2h
City of Bryan Retail Electric Franchise
To: Glenn Brown, City Manager
From: David Massey, Director of Electric Utilities
Agenda Caption: Presentation, possible action, and discussion on the second reading of a
ten (10) year franchise agreement with the City of Bryan for retail sale of electricity within
the City of College Station and certificated to Bryan by the Public Utility Commission of
Texas.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s): Staff recommends approval of the second reading of a ten (10) year
franchise agreement with the City of Bryan that allows for use of public rights-of-way for the
retail sale of electricity within the City of College Station as certificated to Bryan by the
Public Utility Commission of Texas.
Summary: This Electric Power Franchise gives the City of Bryan the right to use public
rights-of-way within specified areas of College Station in order to provide retail electric
service to areas certificated to Bryan by the Public Utility Commission of Texas. This
Franchise is for a period of ten years. The development of this Franchise with the City of
Bryan has involved negotiations for many years between the electric utilities and legal staffs
of both cities. The proposed Franchise defines such things as payments, utility construction
and maintenance, conditions of right-of-way occupancy, street lighting, underground
installations, records and reporting, insurance requirements, compliance and many other
tangential issues associated with a franchise of this type. One important note is that this
franchise only applies to areas defined as “Non-Core” areas within the City of College
Station – areas that currently have Bryan electric power facilities within College Station.
Staff feels that all relevant areas have been fully addressed in this document and
recommends approval.
This item was discussed with Council today in the Workshop meeting.
Section 120 of the City Charter states that “The City of College Station shall have the power
by ordinance to grant any franchise or right mentioned in the preceding sections hereof,
which ordinance, however, shall not be passed finally until it shall have been read at three
(3) separate regular meetings of the City Council.”
Budget & Financial Summary: The City of Bryan agrees to pay College Station a sum of
money equal to five percent (5%) of annual “Gross Receipts” (as defined therein) from its
retail sales to electric customers served within the City of College Station. These payments
will be made quarterly.
Attachments:
1. Franchise Ordinance with City of Bryan for retail sale of electricity within College
Station.
2. Attachment A
53
54
55
56
57
58
59
60
61
62
63
64
65
66
October 14, 2010
Consent Agenda Item 2i
Multifamily/Commercial Recycling Franchise
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the third and final
reading of a franchise agreement with Professional Trash Valet, LLC dba Brazos Valley Trash
Valet & Recycling for the collection of recyclable commodities from multifamily apartments
and commercial businesses.
Relationship to Strategic Goals: V. Green Sustainable City
Recommendation(s): Staff recommends approval.
Summary: The proposed non-exclusive five (5) year franchise agreement allows for the
collection of recyclable commodities from multifamily apartments and commercial
businesses within the corporate limits of the City of College Station.
The company will be responsible for developing onsite recycling programs and shall provide
the means of recycling to those multifamily apartments and commercial businesses that
request this service.
Section 120 of the City Charter states that "The City of College Station shall have the power
by ordinance to grant any franchise or right mentioned in the preceding sections hereof,
which ordinance, however, shall not be passed finally until it shall have been read at three
(3) separate regular meetings of the City Council."
Budget & Financial Summary: N/A
Attachments:
1. Franchise Ordinance is on file in the City Secretary’s Office
67
October 14, 2010
Consent Agenda Item No. 2j
Radio Rebanding Required by FCC – Motorola Contract Change Order
To: Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval
of Change Order No. 1 for a contract with Motorola Inc. for equipment and services
to support Rebanding of the City’s 800MHz Radio System, decreasing the original
contract of $183,018.28 by $28,978.00.
Recommendation(s): Staff recommends approval.
Summary: On August 6, 2004, the FCC issued Report and Order FCC 04-168 that
modified its rules governing the 800 MHz frequency band to minimize harmful
interference to public safety communications systems. The City’s radio
communications system operates in the 800MHz band and is affected by the FCC
order. In the long run additional spectrum (range of frequencies) will be opened up
for Public Safety use. In the short term, some existing spectrum that is in use by
Public Safety agencies, including the City's Fire and Police Departments, must be
vacated, thus the need to change the system control and some existing radios to
operate in the newly assigned frequency band. This change is generally referred to
as "rebanding".
The rebanding project is under FCC mandated timelines and oversight.
This Change Order reduces the original contract (Contract # 08-137, approved by
Council on February 28, 2008) that covers Rebanding services and equipment to be
provided by Motorola, and is part of the project true-up process.
Budget & Financial Summary: The FCC order requires that Nextel
Communications pay all costs associated with the rebanding effort to provide
“comparable facilities” to those in place prior to the rebanding process. This change
order reduces the amount of funding to be paid to Motorola by Nextel.
Attachments:
Change Order Nr. 1
68
Ver1.0
Change Order Request
Deal Number: DL8910427730
Motorola Project #: TX-08IR08R
Customer Name: City of College Station, TX
Change Order Number: 001
Change Order Name: True Up
Date of request: 7/9/2010
I. REASON FOR CHANGE:
Documentation and true up of actual number of subscribers, FNE equipment, and travel expenses.
69
II. CHANGE
REQUESTED:
Deliverable Contract Quantity
Contract Extended
Price Actual Quantity Actual Unit price
Actual Extended
Price
Program Portables 479 $16,965 440 $35.40 $15,576
Program Mobiles 360 $12,744 320 $35.40 $11,328
Template build for
new subscribers
L&W 150 $12,750 73 $88.50 $6,461
Template build for
new subscribers MSS 150 $ - 3 $88.50 $266
R & R Mobiles 31 $5,853 0 $ - $ -
Program Portables 0 1 $188.80 $189
Replace
Consolettes(undiscov
ed)0 $ - 25 $35.50 $888
Site Lens Software,
Rebanding Model#
T6207 1 $1,600 0 $ - $ -
SWII on XP
Software Upgrade
Application Model
#T7143 1 $800 0 $ - $ -
Model DS10055294
PC anywhere
version 11.0 1 242.25$ 0 -$ -$
Model DDN8660
Site Lens Single-
User Work station
w/XP SP2 1 3,825.00$ 0 -$ -$
Model DDN6695
RocketPort Univ PCI
QUAD-D89 1 554.20$ 0 -$ -$
Model DDN8484
Certified XP
Workstation for
SWII 1 2,040.00$ 0 -$ -$
Model HKUN4033
RF Modem/Clocking
Radio 800 MHZ 10-
15W 3 5,520.00$ 2 1,840.00$ 3,680.00$
UOST Items-Code
Plugs 11 $14,278 8 $1,298.00 $10,384
Other UOST 1 $205 0 $ - $ -
Travel 1 $2,430 0 $ - $2,061
Total $79,806 $50,833
70
DESCRIPTION AMOUNT
Current Contract Value $183,018.28
“Services” This Change Order: ($13,604.00)
“Expenses” This Change Order
*Schedule C Equipment: ($369.00)
“Equipment” This Change Order :($15,000.00)
Revised Contract Value : $154,045.28
III. SCHECULE IMPACT: None
IV. OPERATIONAL IMPACT: None
V. PAYMENT TERMS: No Change - All other terms and conditions of the contract remain unchanged
and in full force and effect.
CUSTOMER MOTOROLA
Approved By: George Springer
Customer Printed Name Motorola Printed Name
Signature:
Title: T6 RBPM/SI Lead
Date: September 30, 2010
71
October 14, 2010
Consent Agenda Item No. 2k
Royder Road Participation Agreement
College Station Independent School District
and City of College Station
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Public Works
Agenda Caption: Presentation, possible action and discussion concerning approval of a
Participation Agreement concerning improvements to Royder Road and Greens Prairie Trail
between College Station Independent School District (CSISD) and the City of College
Station.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure.
Recommendation(s): Staff recommends approval of the agreement between CSISD
and The City of College Station.
Summary: CSISD is presently constructing Greens Prairie Elementary School located on
the southwest corner of Royder Road. The elementary school is scheduled to open in
August 2011. Royder Road, an existing 2-lane asphalt and gravel road, will serve as the
thoroughfare to provide access to the staff and bus entrance to the elementary school.
CSISD prepared a traffic impact analysis (TIA) as part of the project. The TIA
recommended minimal improvements to Royder Road and Greens Prairie Trail. The City is
moving forward to construct these improvements proposed and others including dedicated
left turn and deceleration lanes off Greens Prairie Trail into the School Site, pavement
improvements to Royder Road including underground storm sewer, new pavement at the
Royder Road and Greens Prairie Trail Intersection, drainage improvements to Greens Prairie
Trail, and all necessary signage and striping.
During the planning process for the elementary school, CSISD identified the need for
improvements to Royder Road. The Texas Education Code prohibits the school district from
spending public funds for improvements on property they do not own. Therefore, City Staff
and CSISD have developed a Participation Agreement between the two entities which allows
CSISD to reimburse the City for a portion of the expenditures associated with the
improvements to Royder Road and Greens Prairie Trail. Per the Participation Agreement,
CSISD will reimburse the City $300,000.00, which is the estimated construction cost of the
improvements desired by CSISD.
Budget & Financial Summary: Funds in the amount of $1,000,000 are budgeted for this
project in the Streets Capital Improvement Projects Fund. Funds in the amount of
$98,488.21 have been expended or committed to date, leaving a balance of $901,511.79
for construction.
Attachments:
1.) Project Map
2.) Participation Agreement – On file in the City Secretary’s Office
72
FM 2154ROYDERGREENS PRAIRIELEDGESTONEFRIERSONFLAGSTONE CR
1 inch = 500 feet
$Limits of Greens Prairie Trail Improvements
Royder Road &Greens Prairie TrailProject Location Map
Legend
Limits of Improvements
CSISD Property
Limits ofRoyder RoadImprovements
CSISD Property73
October 14, 2010
Consent Agenda Item No. 2L
Nantucket Gravity Sewer Line
Work Order Number WF1094676
Change Order
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding a change order
to the design contract (Contract No.07-263) with Mitchell and Morgan in the amount of
$4,240.00 for the Nantucket Gravity Sewer Line project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure
Recommendation: Staff recommends approval of the change order.
Summary: The Nantucket Gravity Sewer Line Project consists of the installation of a
gravity sanitary sewer line. Once complete, the new sewer line will allow the City to
decommission an existing sanitary sewer lift station and force main. The new sewer line will
have adequate capacity to convey the wastewater from this service area at full
development.
The construction contractor for this project, Brazos Valley Services, began installing the
sewer line on April 21, 2010. While boring under State Highway 6, the contractor failed to
maintain the required line and grade of the steel casing. This error created problems with
the grade of the gravity sewer line upstream of the highway crossing. The City requested
additional input from Mitchell and Morgan, the engineer of record, to help resolve the issue
and modify the original design to ensure the sewer line functions properly and meets the
Texas Commission on Environmental Quality (TCEQ) design standards. The City also
requested that Mitchell and Morgan coordinate with TCEQ and a private utility company
impacted by the changes to the design. This change order is to compensate Mitchell and
Morgan for the additional time and expenses required to resolve this issue. Since the
design modifications and additional coordination was required as a result of the contractor’s
performance, a change order reducing the construction contract by $4,240.00 was executed
on September 27, 2010.
Budget & Financial Summary: Change Order 2 will increase the contract amount by
$4,240.00 for a revised contract total of $39,720.00. Funds in the amount of $516,000 are
budgeted in the Wastewater Capital Projects Fund for this project. Funds in the amount of
$412,543.93 have been expended or committed to date, leaving a balance of $103,456.07
for this construction contract and future expenses.
Attachments:
1.) Change Order with Mitchell and Morgan
2.) Project Location Map
74
75
76
October 14, 2010
Consent Agenda Item No. 2m
Food Waste Collection Franchise - Liquid Environmental Solutions
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the first reading of a
franchise agreement with Liquid Environmental Solutions for the collection of food waste for
the purpose of recycling.
Relationship to Strategic Goals: V. Green Sustainable City
Recommendation(s): Staff recommends approval.
Summary: The proposed non-exclusive five (5) year franchise agreement allows for the
collection of food waste for the purpose of recycling within the corporate limits of the City of
College Station.
The company will be responsible for developing onsite collection of the food waste and that
they are not collecting municipal solid waste.
Section 120 of the City Charter states that "The City of College Station shall have the power
by ordinance to grant any franchise or right mentioned in the preceding sections hereof,
which ordinance, however, shall not be passed finally until it shall have been read at three
(3) separate regular meetings of the City Council."
Budget & Financial Summary: N/A
Attachments:
1. Franchise Ordinance is on file in the City Secretary’s Office
77
October 14, 2010
Consent Agenda Item No. 2n
Food Waste Collection Franchise Amendment – Texas Commercial Waste
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the first reading of a
franchise agreement amendment with Texas Commercial Waste to add the collection of food
waste for the purpose of recycling to its agreement.
Relationship to Strategic Goals: V. Green Sustainable City
Recommendation(s): Staff recommends approval.
Summary: The proposed amendment would add the collection of food waste for the
purpose of recycling to the list of services that can be provided by Texas Commercial Waste
through its current non-exclusive franchise agreement. Texas Commercial Waste is
currently limited to collecting only construction and demolition debris.
The company will be responsible for developing onsite collection of the food waste and that
they are not collecting municipal solid waste.
Section 120 of the City Charter states that "The City of College Station shall have the power
by ordinance to grant any franchise or right mentioned in the preceding sections hereof,
which ordinance, however, shall not be passed finally until it shall have been read at three
(3) separate regular meetings of the City Council."
Budget & Financial Summary: N/A
Attachments:
1. Franchise Ordinance is on file in the City Secretary’s Office
78
October 14, 2010
Regular Agenda Item No. 1
General Obligation Bond Refunding
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a resolution approving
a preliminary official statement, and related material; and on an ordinance authorizing the
issuance and sale of City of College Station, Texas General Obligation Refunding Bonds,
Series 2010; establishing parameters regarding the sale of the bonds; approving the
execution of an escrow agreement; and ordaining other matters related thereto, including
immediate effectiveness.
Recommendation(s): Council move to approve the attached resolution approving the
preliminary official statement, and related materials; and ordinance authorizing the issuance
and sale of General Obligation Refunding Bonds, Series 2010; establishing parameters
regarding the sale of the bonds; approving the execution of an escrow agreement; and
ordaining other matters related thereto, including immediate effectiveness.
Summary: The City has the opportunity to refund a portion of its General Obligation
Bonds in order to achieve savings due to lower interest rates that are currently available.
The City's Financial Advisor, Drew Masterson with First Southwest Company has presented
the City with an opportunity to issue refunding bonds for several of our outstanding General
Obligation Bond issues. Refunding is issuing new debt to replace and pay off existing debt.
Refunding can be done for a number of reasons; however, most often are used to accrue a
savings against the current debt.
The bonds that are proposed to be refunded are:
Utility System Revenue Bonds, Series 2000 $ 650,000
General Obligation Bonds, Series 2001 $ 1,400,000
Utility System Revenue Bonds, Series 2001 $14,935,000
Certificates of Obligation, Series 2001 $ 975,000
General Obligation Bonds, Series 2002 $ 3,540,000
Utility System Revenue Bonds, Series 2002 $11,445,000
Certificates of Obligation, Series 2002 $ 6,135,000
$39,080,000
The City Council's Finance and Budgetary Policies allow for the City to "refund" debt when
there is a net present value savings of at least 5%. The opportunity that is currently before
the City Council will save the City approximately 10.79% over the remaining life of the
issues. The net present value savings includes the debt issuance costs. If this ordinance
is approved, the City Council will be delegating to the City Manager and the Chief
Financial Officer the authority to effect the bond sale when the net present value
savings hits the 5% threshold through April 14, 2011. Currently, the net present
value savings is above the 5% threshold, however, if the net present value
savings should fall below the 5%, this will provide an opportunity to reach the 5%
threshold over the next 6 months in order to generate as much savings as possible
for the City.
Refundings are typically done as negotiated sales rather than our normal bidding process.
In a negotiated sale, a consortium of investment firms is selected with one firm named as
the managing partner for the sale. The sale is negotiated and pricing is verified against
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pricing for similar instruments within a few days of the actual sale date to make sure that
the City is getting good pricing for its debt.
Budget & Financial Summary: Based on current estimates, the refunding will reduce the
overall cost of the refunded bonds by at least 10.79% over the remaining life of the existing
bonds. Total net present value savings will be at least $4,216,986 against actual savings of
at least $883,873. Annual actual savings will range between at least $441,572 and
$446,134 per year. The savings will help the City by providing an additional margin that
Council may choose to use for projects not currently funded by an identified source.
Attachments:
1. Resolution approving a preliminary official statement and related materials for the sale of
City of College Station, Texas General Obligation Refunding Bond, Series 2010.
2. Ordinance authorizing the issuance and sale of City of College Station, Texas General
Obligation Refunding Bonds, Series 2010; establishing parameters regarding the sale of the
bonds; approving the execution of an escrow agreement; and ordaining other matters
related thereto, including immediate effectiveness.
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RESOLUTION APPROVING A PRELIMINARY OFFICIAL STATEMENT, AND
RELATED MATERIALS FOR THE SALE OF “CITY OF COLLEGE STATION,
TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010”
WHEREAS, the City Council of the City of College Station, Texas (the “Council”) has
determined that it is in the best interest of the City of College Station, Texas (the “City”) to issue its
General Obligation Refunding Bonds, Series 2010 in the principal amount not to exceed $40,000,000 (the
“Obligations”) for purposes described in the below described documents; and
WHEREAS, the City’s Chief Financial Officer, the City’s Financial Advisor, and the City’s Bond
Counsel are prepared to distribute necessary documents for such sale on a negotiated basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS THAT:
1. The Preliminary Official Statement for the Obligations, substantially in the form attached
hereto is hereby approved, and the Chief Financial Officer of the City and the City’s Financial Advisor
are authorized to distribute the same to be used in connection with the public offering and the sale of the
Obligations.
2. The Chief Financial Officer of the City and the City’s Financial Advisor are authorized to
apply to rating agencies for ratings on the Obligations and to bond insurance companies for possible
insurance of the payment of the Obligations and to make presentations to them and provide to such
entities the information reasonably requested by them.
3. The Council hereby deems the Preliminary Official Statements to be final in compliance with
Rule 15c2-12 of the Securities and Exchange Commission.
4. The Council hereby authorizes its advisors, the Chief Financial Officer of the City, and its
members to do all things necessary to sell the Obligations.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2010.
Nancy Berry, Mayor Sherry Marshburn, City Secretary
(SEAL)
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APPROVED:
lVti~rn,arkhurst &Horton L.L.P.,Bond Counsel
***
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EXHIBIT A
PRELIMINARY OFFICIAL STATEMENT
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ORDINANCE
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF
COLLEGE STATION, TEXAS GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2010; ESTABLISHING PARAMETERS REGARDING THE
SALE OF THE BONDS; APPROVING THE EXECUTION OF A BOND
PURCHASE AGREEMENT AND AN ESCROW AGREEMENT; AND ALL
OTHER MATTERS RELATED THERETO
THE STATE OF TEXAS
COUNTY OF BRAZOS
CITY OF COLLEGE STATION
WHEREAS, the City of College Station (the "City" or "Issuer") has previously issued certain
obligations of the Issuer described in Schedule I attached hereto and incorporated herein
(collectively, the "Refunded Obligations"), and the Refunded Obligations are intended to be and shall
be refunded pursuant to this Ordinance;
WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207"), authorizes the Issuer
to issue refunding bonds and to deposit the proceeds from the sale thereof, together with any other
available funds or resources, directly with a paying agent for the Refunded Obligations or a trust
company or commercial bank that does not act as a depository for the Issuer and is named in these
proceedings, and such deposit, if made before the payment dates of the Refunded Obligations, shall
constitute the making of firm banking and financial arrangements for the discharge and final payment
of the Refunded Obligations;
WHEREAS, Chapter 1207 further authorizes the Issuer to enter into an escrow or similar
agreement with such paying agent for the Refunded Obligations or trust company or commercial
bank that does not act as a depository for the Issuer with respect to the safekeeping, investment,
reinvestment, administration and disposition of any such deposit, upon such terms and conditions
as the Issuer and such paying agent or trust company or commercial bank may agree;
WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best
interests of the Issuer to refund the Refunded Obligations in order to restructure the Issuer's
outstanding debt service as well as to achieve a net present value debt service savings, with such
savings, among other information and terms to be included in a bond purchase contract (the
"Purchase Contract") to be executed by the Pricing Officer (hereinafter designated), all in accordance
with the provisions of Section 1207.007, Texas Government Code;
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to
maturity within 20 years of the date of the bonds hereinafter authorized;
WHEREAS, because of fluctuating conditions in the municipal bond market, the City
Council has determined to delegate to the Pricing Officer hereinafter designated the authority to
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effect the sale of the bonds hereinafter authorized for the purpose of providing for the refunding of
all or a portion of the Refunded Obligations, subject to the parameters hereinafter described;
WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to
Chapter 1207; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject
matter of the public business to be considered and acted upon at said meeting, including this
Ordinance, was given, all as required by the applicable provisions of Texas Government Code,
Chapter 551; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS;
Section 1. BONDS AUTHORIZED. That the Issuer's bonds (the "Bonds") are hereby
authorized to be issued in an aggregate principal amount not to exceed $40,000,000 for the purpose
of refunding all or a portion of the Refunded Obligations and paying costs incurred in connection
with the issuance of the Bonds. The Bonds shall be designated as the "City of College Station,
Texas General Obligation Refunding Bonds, Series 2010".
Section 2. DATE, DENOMINATIONS, NUMBER, MATURITIES AND TERMS OF
BONDS; DELEGATION TO PRICING OFFICER. (a) That initially there shall be issued, sold,
and delivered hereunder fully registered bonds, without interest coupons, numbered consecutively
from R-1 upward, payable to the respective initial registered owners thereof, or to the registered
assignee or assignees of the Bonds or any portion or portions thereof, in the denomination of $5,000
or any integral multiple thereof (an "Authorized Denomination"), maturing not later than February
15, 2022, payable serially or otherwise on the dates, in the years and in the principal amounts, and
dated, all as set forth in the Purchase Contract.
(b) As authorized by Chapter 1207, the City Manager and the Chief Financial Officer are
hereby authorized, appointed, and designated to act severally on behalf of the Issuer as the pricing
officer (the "Pricing Officer") in selling and delivering the Bonds pursuant to the Purchase Contract
which the Pricing Officer is hereby authorized to execute, and to act in determining which of the
Refunded Obligations shall be refunded and carrying out the other procedures specified in this
Ordinance, including determining and fixing the date of the Bonds, any additional or different
designation or title by which the Bonds shall be known, the aggregate principal amount of the Bonds,
the date of delivery of the Bonds, the price at which the Bonds will be sold, the years in which the
Bonds will mature, the principal amount of Bonds to mature in each of such years, the rate of interest
to be borne by each such maturity, the interest payment periods, the dates, price, and terms upon and
at which the Bonds shall be subject to redemption prior to maturity at the option of the Issuer, as well
as any mandatory sinking fund redemption provisions, and all other matters relating to the issuance,
sale, and delivery of the Bonds, and the refunding of the Refunded Obligations, including obtaining
a municipal bond insurance policy in support of all or any portion of the Bonds, all of which shall
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be specified in the Purchase Contract; provided, that (i) the price to be paid for the Bonds shall not
be less than 95% of the aggregate original principal amount thereof, plus accrued interest thereon
from the date of their delivery, (ii) none of the Bonds shall bear interest at a rate greater than 10.00%
per annum, and (iii) the Bonds shall not be sold for the purpose of refunding the Refunded
Obligations unless the refunding of the Refunded Obligations results in achieving the minimum net
present value debt service savings threshold described in subsection (c) of this Section of this
Ordinance. The amount of the savings to be realized from the refunding of the Refunded
Obligations, on both a gross and a present value basis, shall be set forth in a certificate (further
described in subsection (c) of this Section of this Ordinance) to be executed by the Pricing Officer
upon the execution of the Purchase Contract. In addition, the Pricing Officer is authorized to
determine the principal amount of Bonds to be issued and sold, if any, to provide for the refunding
of Refunded Obligations; provided, that the determination by the Pricing Officer to issue Bonds for
the purpose of refunding Refunded Obligations shall be subject to the parameters set forth in
subsection (c) of this Section. A finding or determination made by the Pricing Officer acting under
the authority delegated thereto by this Ordinance with respect to all matters relating to the issuance
and sale of the Bonds shall have the same force and effect as a finding or determination made by the
City Council. The delegation made hereby shall expire if not exercised by the Pricing Officer on or
before April 14, 2011.
(c) The Issuer hereby finds that the issuance of the Bonds for the purpose of refunding the
Refunded Obligations to realize a net present value savings is a public purpose. As a condition to
the issuance of the Bonds, the refunding of the aggregate principal amount of the Refunded
Obligations must produce (i) a net present value savings, calculated in accordance with GASB
Statement No. 7, of at least five percent (5%), and (ii) a positive gross savings. The principal
amount of Bonds, if any, issued to refund Refunded Obligations, and the Refunded Obligations to
be refunded, shall be specifically identified in the Purchase Contract. The Pricing Officer may elect
not to refund any or all of the obligations listed in Schedule I, but in no event shall the Bonds be
issued for the purpose of refunding Refunded Obligations if the refunding of the aggregate principal
amount of the obligations selected for refunding does not result in the realization of the minimum
savings threshold established in this subsection. Should Bonds be sold for the purpose of refunding
the Refunded Obligations, on or before the date of delivery of the Bonds the Pricing Officer of the
Issuer shall execute and deliver to the City Council a certificate stating that the savings thresholds
herein established have been realized. This certificate shall specifically state both the net present
value savings and the gross savings realized by the Issuer as a result of refunding the Refunded
Obligations. The determination of the Pricing Officer relating to the issuance and sale of Bonds to
refund Refunded Obligations in such principal amount as provided in the Purchase Contract shall
have the same force and effect as if such determination were made by the City Council.
(d) The Pricing Officer of the Issuer is authorized and directed to provide for and oversee
the preparation of a preliminary and final official statement in connection with the issuance of the
Bonds, and to approve such preliminary and final official statement and deem such preliminary
official statement final in compliance with the Rule and to provide it to the Underwriters of the
Bonds in compliance with the Rule.
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Section 3. REDEMPTION. (a) That the Bonds may be subject to redemption prior to their
scheduled maturities at the option of the Issuer, on the dates and in the manner as provided in the
Purchase Contract. Should the Purchase Contract provide for the redemption of the Bonds prior to
their scheduled maturities at the option of the Issuer, if less than all of the Bonds are to be redeemed
by the Issuer, the Issuer shall determine the maturity or maturities and the amounts thereof to be
redeemed and shall direct the Paying Agent/Registrar to call by lot Bonds, or portions thereof, within
such maturity or maturities and in such principal amounts, for redemption; provided, that during any
period in which ownership of the Bonds is determined only by a book entry at a securities depository
for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate
are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be
s el ect ed in acco rdance wi t h the arran gements between t h e Iss u er an d the securi t i es d ep o sitory.
(b) Should the Purchase Contract provide for the mandatory sinking fund redemption of the
Bonds, the terms and conditions governing any such mandatory sinking fund redemption relating
thereto shall be as set forth in the Purchase Contract.
(c) At least thirty (30) days prior to the date any such Bonds are to be redeemed, (i) a written
notice of redemption shall be given by the Paying Agent/Registrar to the registered owner of each
Bond or a portion thereof being called for redemption by depositing such notice in the United States
mail, first-class, postage prepaid, addressed to each such registered owner at the address thereof as
shown on the Registration Books and (ii) a notice of such redemption shall be published one time
in a financial journal or publication of general circulation in the United States of America or the
State of Texas carrying as a regular feature notices of municipal bonds called for redemption;
provided, however, that the failure to send, mail or receive such notice described in (i) above, or any
defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the
proceedings for the redemption of any Bond, and the publication of notice as described in (ii) above
shall be the only notice actually required in connection with or as a prerequisite to the redemption
of any Bonds. By the date fixed for any such redemption, due provision shall be made by the Issuer
with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or
the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for
redemption. If such notice of redemption is given, and if due provision for such payment is made,
all as provided above, the Bonds, or the portions thereof which are to be so redeemed, thereby
automatically shall be redeemed prior to their scheduled maturities, and shall not bear interest after
the date fixed for their redemption, and shall not be regarded as being outstanding except for the
right of the registered owner to receive the redemption price plus accrued interest to the date fixed
for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The
Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of
the Bonds or any portion thereof. If a portion of any Bond shall be redeemed, a substitute Bond or
Bonds having the same maturity date, bearing or accruing interest at the same rate, in any Authorized
Denomination, at the written request of the registered owner, and in an aggregate principal amount
equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender
thereof for cancellation, at the expense of the Issuer, all as provided in this Ordinance. In addition,
notice of such redemption shall be provided in the manner described in Section 3(e) hereof, but the
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failure to provide such notice as described in Section 3(e) hereof shall not affect the validity or
effectiveness of the proceedings for the redemption of the Bonds.
(d) With respect to any optional redemption of the Bonds, unless certain prerequisites to
such redemption required by this Ordinance have been met and moneys sufficient to pay the
principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received
by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice shall state
that said redemption may, at the option of the Issuer, be conditional upon the satisfaction of such
prerequisites and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed
for such redemption, or upon any prerequisite set forth in such notice of redemption. If a conditional
notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not
received, such notice shall be of no force and effect, the Issuer shall not redeem such Bonds and the
Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given,
to the effect that the Bonds have not been redeemed.
(e)(i) In addition to the manner of providing notice of redemption of Bonds as described
in Section 3(c), the Paying Agent/Registrar shall give notice of redemption of Bonds by United
States mail, first-class, postage prepaid, at least thirty (30) days prior to a redemption date to the
Municipal Securities Rulemaking Board (the "MSRB"). In addition, in the event of a redemption
caused by an advance refunding of the Bonds, the Paying Agent/Registrar shall send a second notice
of redemption to the MSRB at least thirty (30) days but not more than ninety (90) days prior to the
actual redemption date. The Paying Agent/Registrar shall also send a notice of redemption to the
registered owner of any Bonds who has not sent the Bonds in for redemption sixty (60) days after
the redemption date. The failure to send, mail or receive any such notice described in this clause
(e)(i), or any defect therein or in the sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Bond.
(ii)Each redemption notice, whether required in the FORM OF BOND or
otherwise by this Ordinance, shall contain a description of the Bonds to be redeemed including the
complete name of the Bonds, the series, the date of issue, the interest rate, the maturity date, the
CUSIP number, the amounts called of each Bond, the publication and mailing date for the notice,
the date of redemption, the redemption price, the name of the Paying Agent/Registrar and the address
at which the Bond may be redeemed including a contact person and telephone number.
(iii) All redemption payments made by the Paying Agent/Registrar to the registered
owners of the Bonds shall include a CUSIP number relating to each amount paid to such registered
owner.
Section 4. INTEREST. That the Bonds shall bear interest at the rates per annum, and shall
be payable on the dates to their respective dates of maturity, or to the date fixed for redemption prior
to their scheduled maturities, as provided in the Purchase Contract. Interest on the Bonds shall be
calculated on the basis of a 360-day year consisting of twelve 30-day months.
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Section 5. PAYING AGENT/REGISTRAR; BOOK-ENTRY ONLY SYSTEM. (a)
That the Issuer shall keep or cause to be kept at the corporate trust office designated by The Bank
of New York Mellon Trust Company, National Association, Dallas, Texas, as its place of payment
for the Bonds, or such other bank, trust company, financial institution, or other entity duly qualified
and legally authorized to serve and perform duties of and services of paying agent and registrar,
named in accordance with the provisions of (g) of this Section hereof (the "Paying Agent/Registrar"),
books or records of the registration and transfer of the Bonds (the "Registration Books"), and the
Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep the
Registration Books and make such transfers and registrations under such reasonable regulations as
the Issuer and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make
such transfers and registrations as herein provided. The place of payment so designated by the
Paying Agent/Registrar shall be referred to herein as the "Designated Trust Office" of the Paying
Agent/Registrar. It shall be the duty of the Paying Agent/Registrar to obtain from the registered
owner and record in the Registration Books the address of such registered owner of each Bond to
which payments with respect to the Bonds shall be mailed, as herein provided. The Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any entity other than the Issuer. Registration of each Bond
may be transferred in the Registration Books only upon presentation and surrender of such Bond for
transfer of registration and cancellation to the Paying Agent/Registrar at its Designated Trust Office
during normal business hours, together with proper written instruments of assignment, in form and
with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing the assignment
of the Bond, or any portion thereof in any Authorized Denomination, to the assignee or assignees
thereof, and the right of such assignee or assignees to have the Bond or any such portion thereof
registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond
or any portion thereof, a new substitute bond or bonds shall be issued in exchange therefor in the
manner herein provided. As of the date this Ordinance is approved by the Issuer, the Designated
Trust Office is the Dallas, Texas corporate trust office of The Bank of New York Mellon Trust
Company, National Association.
(b)The entity in whose name any Bond shall be registered in the Registration Books at
any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether
such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by
any notice to the contrary unless otherwise required by law; and payment of, or on account of, the
principal of, premium, if any, and interest on any such Bond shall be made only to such registered
owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(c)The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying
agent for paying the principal of, premium, if any, and interest on the Bonds, and to act as its agent
to exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall
keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect
to the Bonds, and of all exchanges of the Bonds, and all replacements of the Bonds, as provided in
this Ordinance.
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(d)Each Bond may be exchanged for fully registered bonds in the manner set forth
herein. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or
unredeemed principal amount thereof, may, upon surrender thereof at the Designated Trust Office
of the Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option
of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully
registered bonds, without interest coupons, in the form prescribed in the FORM OF BOND, in an
Authorized Denomination (subject to the requirement hereinafter stated that each substitute Bond
shall have a single stated maturity date), as requested in writing by such registered owner or such
assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal
amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner,
assignee, or assignees, as the case may be. If a portion of any Bond shall be redeemed prior to its
scheduled maturity as provided herein, at the request of the registered owner a substitute Bond or
Bonds having the same maturity date, bearing interest at the same rate, in an Authorized
Denomination, and in an aggregate principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion
thereof is assigned and transferred, each Bond issued in exchange therefor shall have the same
principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged.
Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The
Paying Agent/Registrar shall exchange or replace Bonds as provided herein, and each fully registered
bond delivered in exchange for or replacement of any Bond or portion thereof as permitted or
required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this
Ordinance, and may again be exchanged or replaced. On each substitute Bond issued in exchange
for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed thereon
a Paying Agent/Registrar's Authentication Certificate, in the form set forth in the FORM OF BOND
(the "Authentication Certificate"). An authorized representative of the Paying Agent/Registrar shall,
before the delivery of any such Bond, manually sign and date the Authentication Certificate, and no
such Bond shall be deemed to be issued or outstanding unless the Authentication Certificate is so
executed and dated. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for
exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted
by the City Council or any other body or person so as to accomplish the foregoing exchange or
replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the
printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, pursuant
to Chapter 1206, Texas Government Code, particularly Subchapter B thereof. The duty of such ex-
change or replacement of Bonds as described in the preceding sentence is hereby imposed upon the
Paying Agent/Registrar, and upon the execution of the Authentication Certificate, the exchanged or
replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same
effect as the Bonds which originally were delivered pursuant to this Ordinance, approved by the
Attorney General, and registered by the Comptroller of Public Accounts. Neither the Issuer nor the
Paying Agent/Registrar shall be required (1) to make any transfer or exchange during a period
beginning at the opening of business 15 days before the day of the first mailing of a notice of
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redemption of Bonds and ending at the close of business on the day of such mailing, or (2) to transfer
or exchange any Bond after it is selected for redemption, in whole or in part, when such redemption
is scheduled to occur within 30 calendar days; provided, however, such limitation shall not be
applicable to an exchange by the owner of the uncalled principal balance of a Bond.
(e)All Bonds issued in exchange or replacement of any other Bond or portion thereof,
(i) shall be issued in fully registered form, without interest coupons, with the principal of and interest
on the Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their
scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other Bonds,
(v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and
interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in
the FORM OF BOND.
(f)The Issuer shall pay all of the Paying Agent/Registrar's reasonable and customary fees
and charges for making transfers, conversions and exchanges of the Bonds in accordance with an
agreement between the Issuer and the Paying Agent/Registrar, but the registered owner of any Bond
requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. In addition, the Issuer hereby covenants with the registered owners of the Bonds that
it will pay the reasonable standard or customary fees and charges of the Paying Agent/Registrar for
its services with respect to the payment of the principal of and interest on the Bonds, when due.
(g)The Issuer covenants with the registered owners of the Bonds that at all times while
the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust
company, financial institution, or other entity duly qualified and legally authorized to serve as and
perform the duties and services of Paying Agent/Registrar, to act as and perform the services of
Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will
be one entity. The Issuer reserves the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 60 days' written notice to the Paying Agent/Registrar. In the
event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants
that promptly it will appoint a competent and legally qualified bank, trust company, financial
institution, or other entity duly qualified and legally authorized to serve as and perform the services
of Paying Agent/Registrar, which shall be a corporation organized and doing business under the laws
of the United States of America or of any state, authorized under such laws to exercise trust powers,
subject to supervision or examination by federal or state authority, and whose qualifications
substantially are similar to the previous Paying Agent/Registrar, to act as Paying Agent/Registrar un-
der this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along
with all other pertinent books and records relating to the Bonds, to the Issuer and to the new Paying
Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying
Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class, postage
prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting
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the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed
to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each
Paying Agent/Registrar.
(h) The Bonds issued in exchange for the Bonds initially issued to the initial purchaser
specified herein shall be initially issued in the form of a separate single fully registered Bond for
each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be
registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), and all of the outstanding Bonds shall be registered in the name of Cede & Co.,
as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of
DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any
securities brokers and dealers, banks, trust companies, clearing corporations and certain other
organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate
the clearance and settlement of securities transactions among DTC Participants or to any person on
behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the
immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any
DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC
Participant or any other person, other than a Registered Owner of Bonds, as shown on the
Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC
Participant or any other person, other than a Registered Owner of Bonds, as shown in the
Registration Books of any amount with respect to principal of or interest on the Bonds.
Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is
registered in the Registration Books as the absolute owner of such Bond for the purpose of payment
of principal and interest with respect to such Bond, for the purpose of registering transfers with
respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay
all principal of and interest on the Bonds only to or upon the order of the Registered Owners, as
shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge
the Issuer's obligations with respect to payment of principal of and interest on the Bonds to the extent
of the sum or sums so paid. No person other than a Registered Owner, as shown in the Registration
Books, shall receive a Bond evidencing the obligation of the Issuer to make payments of principal
and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of
written notice to the effect that DTC has determined to substitute a new nominee in place of Cede
& Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed
to the Registered Owner at the close of business on the Record Date (as defined in the FORM OF
BOND), the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. The
previous execution and delivery of the Blanket Letter of Representations with respect to obligations
of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable to
the Bonds.
Section 6. FORM OF BONDS. That the form of all Bonds, including the form of the
Authentication Certificate, the form of Assignment, and the form of the Comptroller's Registration
C ertifi cat e to acco m p an y t h e Bonds on t h e initial d e l i v e r y t h ereof, shall b e, respectively,
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substantially in the form set forth in Exhibit A to this Ordinance, with such appropriate variations,
omissions, or insertions as are permitted or required by this Ordinance, and with the Bonds to be
completed with information set forth in the Purchase Contract.
Section 7. DEFINITIONS. That, as used in this Ordinance, the following terms shall have
the meanings set forth below, unless the text hereof specifically indicates otherwise:
The term "Authorized Denomination" shall have the same meaning as set forth in Section
2(a) hereof.
The terms "Bonds" shall mean one or more, as the case may be, of the City of College
Station, Texas General Obligation Refunding Bonds, Series 2010, authorized to be issued by this
Ordinance.
Th e t erm "Bus i n e s s Day" shall mean a day o t h er than a Saturd ay, S u n d ay, a l egal holiday,
or a day on which banking institutions are authorized by law or executive order to close in the Issuer
or the city where the Designated Trust Office of the Paying Agent/Registrar is located.
The terms "City" and "Issuer" shall mean the City of College Station, Texas.
The term "Code" shall mean the Internal Revenue Code of 1986, as amended.
The term "DTC" shall mean The Depository Trust Company, New York, New York.
The term "DTC Participant" shall mean the securities brokers and dealers, banks, trust
companies, clearing corporations and certain other organizations on whose behalf DTC was created
to hold securities to facilitate the clearance and settlement of securities transactions among DTC
Participants.
The term "Designated Trust Office" shall have the same meaning as set forth in Section 5(a)
hereof.
Th e term "Escro w Agen t " s h al l mean The Ban k of New Yo rk Mellon Tru st Company,
National Association.
The term "Escrow Agreement" shall mean the Escrow Agreement between the Issuer and the
Escrow Agent, executed in connection with the refunding of the Refunded Obligations.
The term "Interest and Sinking Fund" shall have the meaning as set forth in Section 8(a)
hereof.
The term "MSRB" shall mean the Municipal Securities Rulemaking Board.
The term "Paying Agent/Registrar" shall have the meaning as set forth in Section 5(a) hereof.
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The term "Refunded Obligations" shall mean those obligations identified in Schedule I
attached to this Ordinance that are selected to be refunded by the Pricing Officer in accordance with
Section 2 hereof.
The term "Rule" shall mean SEC Rule 15c2-12, as amended from time to time.
The term "SEC" shall mean the United States Securities and Exchange Commission.
The term "Year" shall mean the regular fiscal year established by the Issuer.
Section 8. LEVY OF TAX; INTEREST AND SINKING FUND; TRANSER. (a) That
a special fund or account, to be designated the "City of College Station, Texas Series 2010
Refunding Bonds Interest and Sinking Fund" (the "Interest and Sinking Fund") is hereby created and
shall be established and maintained by the Issuer. The Interest and Sinking Fund shall be kept
separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying
the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on
account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund.
During each year while any of the Bonds are outstanding and unpaid, the governing body of the
Issuer shall compute and ascertain the rate and amount of ad valorem tax, based on the latest
approved tax rolls of the Issuer, with full allowances being made for tax delinquencies and the cost
of tax collections, which will be sufficient to raise and produce the money required to pay the interest
on the Bonds as such interest comes due, and to provide a sinking fund to pay the principal
(including mandatory sinking fund redemption payments, if any) of the Bonds as such principal
matures or comes due through operation of the mandatory sinking fund redemption, if any, but never
less than 2% of the original amount of the Bonds as a sinking fund each year. The rate and amount
of ad valorem tax is hereby ordered to be levied against all taxable property in the Issuer for each
year while any of the Bonds are outstanding and unpaid, and the ad valorem tax shall be assessed and
collected each such year and deposited to the credit of the Interest and Sinking Fund. Ad valorem
taxes necessary to pay the interest on and principal of the Bonds, as such interest comes due and such
principal matures, are hereby pledged for such payment, within the limit prescribed by law. There
shall be appropriated from the General Fund of the Issuer for deposit into the Interest and Sinking
Fund moneys as may be necessary to pay the principal and interest payments on the Bonds scheduled
to occur on or before February 15, 2011.
(b) Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the
pledge of ad valorem taxes granted by the Issuer under this Section, and such pledge is therefore
valid, effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding
and unpaid such that the pledge of ad valorem taxes granted by the Issuer is to be subject to the filing
requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the
registered owners of the Bonds the perfection of the security interest in said pledge, the Issuer agrees
to take such measures as it determines are reasonable and necessary under Texas law to comply with
the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to
perfect the security interest in said pledge to occur.
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(c) The Issuer shall do any and all things necessary to accomplish the transfer of monies to
the Interest and Sinking Fund of this issue in ample time to pay such items of principal and interest
due on the Bonds.
Section 9. DEFEASANCE OF BONDS.
(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer
outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided
in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon
to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereof, or (ii) shall have been
provided for on or before such due date by irrevocably depositing with or making available to the
Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future
Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient
to make such payment or (2) Defeasance Securities that mature as to principal and interest in such
amounts and at such times as will insure the availability, without reinvestment, of sufficient money
to provide for such payment, and when proper arrangements have been made by the Issuer with the
Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become
due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as
aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled
to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and
such principal and interest shall be payable solely from such money or Defeasance Securities.
Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any
determination not to redeem Defeased Bonds that is made in conjunction with the payment
arrangements specified in subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided
that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves
the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that right
to the owners of the Defeased Bonds immediately following the making of the payment
arrangements; and (3) directs that notice of the reservation be included in any redemption notices
that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore
set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar
that is not required for the payment of the Bonds and interest thereon, with respect to which such
money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing
by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance
Securities are held for the payment of Defeased Bonds may contain provisions permitting the
investment or reinvestment of such moneys in Defeasance Securities or the substitution of other
Defeasance Securities upon the satisfaction of the requirements specified in subsection (a)(i) or (ii)
of this Section. All income from such Defeasance Securities received by the Paying Agent/Registrar
which is not required for the payment of the Defeased Bonds, with respect to which such money has
been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
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(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United
States of America, including obligations that are unconditionally guaranteed by the United States of
America, (ii) noncallable obligations of an agency or instrumentality of the United States of America,
including obligations that are unconditionally guaranteed or insured by the agency or instrumentality
and that, on the date of the purchase thereof are rated as to investment quality by a nationally
recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable
obligations of a state or an agency or a county, municipality, or other political subdivision of a state
that have been refunded and that, on the date the governing body of the Issuer adopts or approves
the pro ceed i n gs au t h o riz i n g the fi n an ci al arran gements are rated as t o i n v est m e n t q u al i t y by a
nationally recognized investment rating firm not less than AAA or its equivalent.
(d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar
shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they
had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such
services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds
of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds
by such random method as it deems fair and appropriate.
Section 10. FUNDS SECURED. That money in all Funds created by this Ordinance, to the
extent not invested, shall be secured in the manner prescribed by law for securing funds of the Issuer.
Section 11. AMENDMENT OF ORDINANCE. The Issuer hereby reserves the right to
amend this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any holder, except as otherwise
required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any
ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests
of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events
of default as shall not be inconsistent with the provisions of this Ordinance and that shall not
materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust
Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time
in effect, or (v) make such other provisions in regard to matters or questions arising under this
Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the
opinion of nationally recognized bond counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Bonds aggregating a majority
in aggregate principal amount of then outstanding Bonds that are the subject of a proposed
amendment shall have the right from time to time to approve any amendment hereto that may be
deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100%
of the holders in aggregate principal amount of the then outstanding Bonds, nothing herein contained
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shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or
in any of the Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable
on any outstanding Bonds;
(4) Modify the terms of payment of principal or of interest or redemption premium
on outstanding Bonds or any of them or impose any condition with respect to such payment;
or
(5) Change the minimum percentage of the principal amount of the Bonds necessary
for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by United States mail, first-class, postage prepaid, to each registered owner of the
affected Bonds a copy of the proposed amendment. Such notice shall briefly set forth the nature of
the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for
inspection by all holders of such Bonds.
(d) Whenever at any time within one year from the date of mailing of such notice the Issuer
shall receive an instrument or instruments executed by the holders of at least a majority in aggregate
principal amount of all of the Bonds then outstanding that are required for the amendment, which
instrument or instruments shall consent to and approve such amendment, the Issuer may adopt the
amendment in substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders
of such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects
to such amendment.
(f) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall
be irrevocable for a period of six months from the date of such consent, and shall be conclusive and
binding upon all future holders of the same Bond during such period. Such consent may be revoked
at any time after six months from the date of such consent by the holder who gave such consent, or
by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if
the holders of a majority in aggregate principal amount of the affected Bonds then outstanding, have,
prior to the attempted revocation, consented to and approved the amendment.
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(g) For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon
the registration of the ownership of such Bonds on the registration books kept by the Paying
Agent/Registrar.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN OR DESTROYED BONDS.
(a) That in the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the
Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new Bond of the same
principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed
Bond, in replacement for such Bond in the manner hereinafter provided.
(b)Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds
shall be made to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond,
the applicant for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar
such security or indemnity as may be required by them to save each of them harmless from any loss
or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the
applicant shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction
of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or
mutilation of a Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the
Bond so damaged or mutilated.
(c)Notwithstanding the foregoing provisions of this Section, in the event any such Bond
shall have matured, and no default has occurred which is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the
payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond)
instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided
in this Section.
(d)Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall
charge the owner of such Bond with all legal, printing, and other expenses in connection therewith.
Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that
any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether
the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall
be entitled to all the benefits of this Ordinance equally and proportionately with any and all other
Bonds duly issued under this Ordinance.
(e)In accordance with Chapter 1206, Texas Government Code, particularly Subchapter
B thereof, this Section of this Ordinance shall constitute authority for the issuance of any such
replacement bond without necessity of further action by the governing body of the Issuer or any other
body or person, and the duty of the replacement of such bonds is hereby authorized and imposed
upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such
bonds in the form and manner and with the effect, as provided in Section 5 of this Ordinance for
Bonds issued in exchange for other Bonds.
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Section 13. TAX COVENANTS. (a) The Issuer covenants to take any action necessary
to assure, or refrain from any action that would adversely affect, the treatment of the Bonds as bonds
described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest
on which is not includable in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the
Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business
use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds
or the projects financed or refinanced therewith (the "Projects") are so used, such amounts,
whether received by the Issuer, with respect to such private business use, do not, under the
terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or
provide for the payment of more than 10 percent of the debt service on the Bonds, in
contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" that is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(3) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Bonds being
treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Bonds, other than investment property acquired with –
(A) proceeds of the Bonds invested for a reasonable temporary period of 3
years or less or, in the case of an advance refunding bond, for a period of 30 days or
less until such proceeds are needed for the purpose for which the bonds are issued,
and in the case of a current refunding bond, for a period of 90 days or less,
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(B) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bonds;
(7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene
the requirements of section 148 of the Code (relating to arbitrage) and, to the extent
applicable, section 149(d) of the Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent
of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the
United States of America, not later than 60 days after the Bonds have been paid in full, 100
percent of the amount then required to be paid as a result of Excess Earnings under section
148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and
such Fund shall not be subject to the claim of any other person, including without limitation the
Bondholders. The Rebate Fund is established for the additional purpose of compliance with section
148 of the Code.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer
understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury
Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the
Refunded Obligations expended prior to the date of issuance of the Bonds. It is the understanding
of the Issuer that the covenants contained herein are intended to assure compliance with the Code
and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto.
In the event that regulations or rulings are hereafter promulgated that modify or expand provisions
of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant
contained herein to the extent that such failure to comply, in the opinion of nationally recognized
bond counsel, will not adversely affect the exemption from federal income taxation of interest on
the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated that impose additional requirements applicable to the Bonds, the Issuer agrees to
comply with the additional requirements to the extent necessary, in the opinion of nationally
recognized bond counsel, to preserve the exemption from federal income taxation of interest on the
Bonds under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes
and directs the Mayor, the Pricing Officer and the Chief Financial Officer of the Issuer, acting
severally but not jointly, to execute any documents, certificates or reports required by the Code and
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to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent
with the purpose for the issuance of the Bonds.
(d) Disposition of Project. The Issuer covenants that the Project will not be sold or
otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other
compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such
sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes
of the foregoing, the portion of the property comprising personal property and disposed in the
ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant
if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for
federal income tax proposes from gross income of the interest.
Section 14. CONTINUING DISCLOSURE UNDERTAKING. (a) Annual Reports. (i)
The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by the MSRB,
within six months after the end of each fiscal year ending in or after 2011, financial information and
operating data with respect to the Issuer of the general type included in the final Official Statement
authorized by Section 2(d)of this Ordinance, being the information described in Exhibit B hereto.
Any financial statements so to be provided shall be (1) prepared in accordance with the accounting
principles described in Exhibit B hereto, or such other accounting principles as the Issuer may be
required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer
commissions an audit of such statements and the audit is completed within the period during which
they must be provided. If the audit of such financial statements is not complete within such period,
then the Issuer shall provide unaudited financial statements by the required time, and shall provide
audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report
on such statements become available.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and
of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be
required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available from the MSRB) that is available to the public
on the MSRB's internet website or filed with the SEC. All documents provided to the MSRB
pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB.
(b) Material Event Notices if Bonds are sold prior to December 1, 2010. The Issuer shall
notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner, of any of
the following events with respect to the Bonds, if such event is material within the meaning of the
federal securities laws:
1.Principal and interest payment delinquencies;
2.Non-payment related defaults;
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3.Unscheduled draws on debt service reserves reflecting financial difficulties;
4.Unscheduled draws on credit enhancements reflecting financial difficulties;
5.Substitution of credit or liquidity providers, or their failure to perform;
6.Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
7.Modifications to rights of holders of the Bonds;
8.Bond calls;
9.Defeasances;
10.Release, substitution, or sale of property securing repayment of the Bonds; and
11.Rating changes.
The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide
financial information or operating data in accordance with subsection (a) of this Section by the time
required by such subsection. The provisions of this subsection apply only if the Issuer enters into a
binding written contract for the sale of the Bonds prior to December 1, 2010.
(c) Event Notices if Bonds are sold on or after December 1, 2010. The Issuer shall notify
the MSRB, in a timely manner not in excess of ten Business Days after the occurrence of the event,
of any of the following events with respect to the Bonds:
1.Principal and interest payment delinquencies;
2.Non-payment related defaults, if material;
3.Unscheduled draws on debt service reserves reflecting financial difficulties;
4.Unscheduled draws on credit enhancements reflecting financial difficulties;
5.Substitution of credit or liquidity providers, or their failure to perform;
6.Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or
final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB)
or other material notices or determinations with respect to the tax status of the Bonds,
or other material events affecting the tax status of the Bonds;
7.Modifications to rights of holders of the Bonds, if material;
8.Bond calls, if material, and tender offers;
9.Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds, if material;
11.Rating changes;
12.Bankruptcy, insolvency, receivership or similar event of the Issuer;
13.The consummation of a merger, consolidation, or acquisition involving the Issuer or
the sale of all or substantially all of the assets of the Issuer, other than in the ordinary
course of business, the entry into a definitive agreement to undertake such an action
or the termination of a definitive agreement relating to any such actions, other than
pursuant to its terms, if material; and
14.Appointment of a successor Paying Agent/Registrar or change in the name of the
Paying Agent/Registrar, if material.
The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide
financial information or operating data in accordance with subsection (c) of this Section by the time
required by subsection (c). The provisions of this subsection apply only if the Issuer enters into a
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binding written contract for the sale of the Bonds on or after December 1, 2010. As used in clause
(c)12 above, the phrase "bankruptcy, insolvency, receivership or similar event" means the
appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U.S.
Bankruptcy Code or in any other proceeding under state or federal law in which a court of
governmental authority has assumed jurisdiction over substantially all of the assets or business of
the Issuer, or if jurisdiction has been assumed by leaving the City Council and official or officers of
the Issuer in possession but subject to the supervision and orders of a court or governmental
authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation
by a court or governmental authority having supervision or jurisdiction over substantially all of the
assets or business of the Issuer.
(d) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer
remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that
the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or
applicable law that causes Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners
and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to provide only the financial information, operating data, financial statements, and notices
which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to
provide any other information that may be relevant or material to a complete presentation of the
Issuer's financial results, condition, or prospects or hereby undertake to update any information
provided in accordance with this Section or otherwise, except as expressly provided herein. The
Issuer does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREAC H SHALL BE LIMITED TO AN ACTION FOR M ANDAMUS OR SPECIFIC
PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this
Section shall comprise a breach of or default under this Ordinance for purposes of any other
provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or
otherwise limit the duties of the Issuer under federal and state securities laws.
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(v) Should the Rule be amended to obligate the Issuer to make filings with or provide
notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with
respect to the Bonds in accordance with the Rule as amended. The provisions of this Section may
be amended by the Issuer from time to time to adapt to changed circumstances that arise from a
change in legal requirements, a change in law, or a change in the identity, nature, status, or type of
operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have
permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in
compliance with the Rule, taking into account any amendments or interpretations of the Rule since
such offering as well as such changed circumstances and (2) either (a) the registered owners of a
majority in aggregate principal amount (or any greater amount required by any other provision of this
Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment
or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel)
determined that such amendment will not materially impair the interest of the registered owners and
beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall
include with any amended financial information or operating data next provided in accordance with
subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and
of the impact of any change in the type of financial information or operating data so provided. The
Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC
amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment
that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary
offering of the Bonds.
Section 15. DEFAULT AND REMEDIES. (a) Events of Default. Each of the following
occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Bonds
when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Issuer, the failure to perform which materially, adversely affects the rights
of the registered owners of the Bonds, including, but not limited to, their prospect or ability
to be repaid in accordance with this Ordinance, and the continuation thereof for a period of
60 days after notice of such default is given by any registered owner to the Issuer.
(b) Remedies for Default. (i) Upon the happening of any Event of Default, then and in
every case, any registered owner or an authorized representative thereof, including, but not limited
to, a trustee or trustees therefor, may proceed against the Issuer, or any official, officer or employee
of the Issuer in their official capacity, for the purpose of protecting and enforcing the rights of the
registered owners under this Ordinance, by mandamus or other suit, action or special proceeding in
equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the
specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or
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thing that may be unlawful or in violation of any right of the registered owners hereunder or any
combination of such remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all registered owners of Bonds then outstanding.
(c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be
exclusive of any other available remedy or remedies, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or under the Bonds or
now or hereafter existing at law or in equity; provided, however, that notwithstanding any other
provision of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be
available as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, such
registered owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to
a personal or pecuniary liability or charge against the officers, employees or members of the
Issuer or the City Council.
(iv) None of the members of the City Council, nor any other official or officer, agent,
or employee of the Issuer, shall be charged personally by the registered owners with any
liability, or be held personally liable to the registered owners under any term or provision of
this Ordinance, or because of any Event of Default or alleged Event of Default under this
Ordinance.
Section 16. APPROVAL AND REGISTRATION OF BONDS. That the City Manager
of the Issuer is hereby authorized to have control of the Bonds and all necessary records and
proceedings pertaining to the Bonds pending their delivery and their investigation, examination and
approval by the Attorney General of the State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller of Public
Accounts (or a deputy designated in writing to act therefor) shall manually sign the Comptroller's
Registration Certificate set forth in the FORM OF BOND. The Bonds thus registered shall remain
in the custody of the City Manager (or the designee thereof) until delivered to the Underwriters.
Section 17. FURTHER PROCEDURES. That the City Manager, the Chief Financial
Officer of the Issuer, any Assistant City Manager, and all other officers, employees, and agents of
the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and
directed from time to time and at any time to do and perform all such acts and things and to execute,
acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all
such instruments, whether herein mentioned, as may be necessary or desirable in order to carry out
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the terms and provisions of this Ordinance, and the sale and delivery of the Bonds and fixing all
details in connection therewith. In addition, the City Council hereby determines that the Refunded
Obligations so identified in the Purchase Contract shall be called for redemption on the redemption
date or dates set forth in Schedule I, at the applicable redemption price to the date fixed for
redemption as provided in Schedule I. The City Manager or the designee thereof shall take such
actions as are necessary to cause the required notice of redemption to be given in accordance with
the terms of each ordinance for the Refunded Obligations called for redemption. Should a municipal
bond insurance policy be obtained insuring the payment of debt service on all or any portion of the
Bonds, it is hereby authorized that a statement of insurance provided by the bond insurer may be
printed on the Bonds so insured. The City Council hereby authorizes the payment of the fee of the
Office of the Attorney General of the State of Texas for the examination of the proceedings relating
to the issuance of the Bonds, in the amount determined in accordance with the provisions of Section
1202.004, Texas Government Code.
Section 18. USE OF PROCEEDS. That the proceeds representing accrued interest on the
Bonds shall be deposited to the credit of the Interest and Sinking Fund. Proceeds representing
premium, if any, paid by the Underwriters in connection with the sale of the Bonds may be used for
any purpose authorized by Section 1201.042(d), Texas Government Code, including specifically, but
not by way of limitation, in connection with the refunding of Refunded Obligations. The Issuer shall
cause to be deposited with the Escrow Agent, from the proceeds from the sale of the Bonds and other
available moneys of the Issuer, an amount sufficient to provide for the refunding of the Refunded
Obligations in accordance with Chapter 1207 and the terms of the Escrow Agreement.
Section 19. ESCROW AGREEMENT. That the City Manager or the Chief Financial
Officer of the Issuer, and the City Secretary are hereby authorized, for and on behalf of the Issuer,
to execute, attest and deliver the Escrow Agreement to accomplish the establishing of firm banking
arrangements in connection with the refunding of the Refunded Obligations, in substantially the form
and substance attached to this Ordinance as Exhibit C, with such changes as the Pricing Officer
deems necessary to effect the sale of the Bonds.
Section 20. PREAMBLE. That the preamble to this Ordinance is incorporated by reference
and made a part hereof for all purposes.
Section 21. RULES OF CONSTRUCTION. For all purposes of this Ordinance, unless the
context requires otherwise, all references to designated Sections and other subdivisions are to the
Sections and other subdivisions of this Ordinance. The words "herein", "hereof" and "hereunder"
and other words of similar import refer to this Ordinance as a whole and not to any particular Section
or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance
to impart the singular number shall be considered to include the plural number and vice versa.
References to any named person means that party and its successors and assigns. References to any
constitutional, statutory or regulatory provision means such provision as it exists on the date this
Ordinance is adopted by the Issuer and any future amendments thereto or successor provisions
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thereof. Any reference to "FORM OF BOND" shall refer to the form of the Bonds set forth in
Exhibit A to this Ordinance.
Section 22. IMMEDIATE EFFECT. That this Ordinance shall be effective immediately
from and after its passage in accordance with the provisions of Section 1201.028, Texas Government
Code.
(execution page follows)
107
108
SCHEDULE I
SCHEDULE OF REFUNDED OBLIGATIONS
109
Exhibit A
FORM OF BOND:
NO. R- $______
UNITED STATES OF AMERICA
STATE OF TEXAS
BRAZOS COUNTY
CITY OF COLLEGE STATION, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2010
INTEREST RATE DATED DATE MATURITY DATE CUSIP NO.
__%_________, 2010 ________________________
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF COLLEGE STATION,
in Brazos County, Texas (the "City"), hereby promises to pay to _____________________________,
or the registered assignee hereof (either being hereinafter called the "registered owner") the principal
amount of
_____________________________________
and to pay interest thereon, from the Dated Date of this Bond specified above, to the date of its
scheduled maturity or the date of its redemption prior to scheduled maturity, at the rate of interest
per annum specified above, with said interest being payable on __________, 20___, and
semiannually on each __________ and __________ thereafter, except that if the Paying
Agent/Registrar's Authentication Certificate appearing on the face of this Bond is dated later than
__________, 20___, such interest is payable semiannually on each __________ and __________
following such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or
upon the date fixed for its redemption prior to maturity, at the designated corporate trust office in
Dallas , Tex as (the "Des i gnated Trus t Offi ce"), o f Th e Ban k o f New Yo rk Mellon Tru st Company,
National Association, which is the "Paying Agent/Registrar" for this Bond. The payment of interest
on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof as shown
by the "Registration Books" kept by the Paying Agent/Registrar at the close of business on the
Record Date (hereinafter defined) by check drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the City required to be on deposit with the Paying Agent/Registrar for such
purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by
United States mail, first-class, postage prepaid, on each such interest payment date, to the registered
owner hereof at its address as it appears on the Registration Books kept by the Paying
Agent/Registrar, as hereinafter described, or by such other method, acceptable to the Paying
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Agent/Registrar, requested by, and at the risk and expense of, the registered owner. The record date
("Record Date") for the interest payable on any interest payment date means the last business day of
the preceding month. In the event of a non-payment of interest on a scheduled payment date, and
for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will
be established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled payment
date of the past due interest (the "Special Payment Date", which shall be 15 days after the Special
Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first-class, postage prepaid, to the address of each registered owner of a Bond appearing
on the books of the Paying Agent/Registrar at the close of business on the last business day next
preceding the date of mailing of such notice. The City covenants with the registered owner of this
Bond that no later than each principal payment date and interest payment date for this Bond it will
make available to the Paying Agent/Registrar the amounts required to provide for the payment, in
immediately available funds, of all principal of and interest on the Bonds, when due, in the manner
set forth in the ordinance authorizing the issuance of the bonds (the "Ordinance").
IF THE DATE for the payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions are authorized by law or
executive order to close in the city where the Designated Trust Office of the Paying Agent/Registrar
is located, then the date for such payment shall be the next succeeding day which is not such a
Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the original date payment
was due. Notwithstanding the foregoing, during any period in which ownership of the bonds of this
Series is determined only by a book entry at a securities depository therefor, any payment to the
securities depository, or its nominee or registered assigns, shall be made in accordance with existing
arrangements between the City and the securities depository.
THIS BOND is one of a series of Bonds of like tenor and effect except as to denomination,
number, maturity, interest rate and right of prior redemption, dated __________, 2010, issued in the
aggregate principal amount of $___________ for the purpose of refunding the "Refunded
Obligations" as defined in the Ordinance. All Bonds of this Series are issuable solely as fully
registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000
(an "Authorized Denomination").
THE BONDS of this series scheduled to mature on and after _______ 15, 20__ may be
redeemed prior to their scheduled maturities, in whole or in part, in principal amounts of $5,000 or
any integral multiple thereof, at the option of the City, on _______ 15, 20__, or on any date
thereafter, at the redemption price of par plus accrued interest to the date fixed for redemption. If
less than all of the Bonds are to be redeemed by the City, the City shall determine the maturity or
maturities and the principal amounts thereof to be redeemed and shall direct the Paying
Agent/Registrar to call by lot Bonds, or portions thereof, within such maturity or maturities and in
such principal amounts, for redemption; provided, that during any period in which ownership of the
Bonds is determined only by a book entry at a securities depository for the Bonds, if fewer than all
of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the
particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with
the arran gements between t h e C i t y an d the securi t i es d ep o sitory.
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[THE BONDS scheduled to mature on February 15 in the years __________(the "Term
Bonds") are subject to scheduled mandatory redemption by the Paying Agent/Registrar by lot, or by
any other customary method that results in a random selection, at a price equal to the principal
amount thereof, plus accrued interest to the redemption date, out of moneys available for such
purpose in the interest and sinking fund for the Bonds, on the dates and in the respective principal
amounts, set forth in the following schedule:
Year Principal Amount
_________
* Final Maturity
The principal amount of Term Bonds of a stated maturity required to be redeemed on any mandatory
redemption date pursuant to the operation of the mandatory sinking fund redemption provisions shall
be reduced, at the option of the City, by the principal amount of any Term Bonds of the same
maturity which, at least 50 days prior to a mandatory redemption date (1) shall have been acquired
by the City at a price not exceeding the principal amount of such Term Bonds plus accrued interest
to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, (2) shall
have been purchased and canceled by the Paying Agent/Registrar at the request of the City at a price
not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase,
or (3) shall have been redeemed pursuant to the optional redemption provisions and not theretofore
credited against a mandatory redemption requirement.]*
AT LEAST 30 days prior to the date fixed for any such redemption, (i) a written notice of
such redemption shall be given by the Paying Agent/Registrar to the registered owner of each Bond
or a portion thereof being called for redemption by depositing such notice in the United States mail,
first-class, postage prepaid, addressed to each such registered owner at his address shown on the
Registration Books of the Paying Agent/Registrar and (ii) a notice of such redemption shall be
published one time in a financial journal or publication of general circulation in the United States
of America or the State of Texas carrying as a regular feature notices of municipal bonds called for
redemption; provided, however, that the failure to send, mail or receive such notice described in (i)
above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Bond, and the publication of notice as
described in (ii) above shall be the only notice actually required in connection with or as a prerequi-
site to the redemption of any Bonds. By the date fixed for any such redemption due provision shall
be made by the City with the Paying Agent/Registrar for the payment of the required redemption
price for this Bond or the portion hereof which is to be so redeemed, plus accrued interest thereon
to the date fixed for redemption. If such notice of redemption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion hereof which is to be so redeemed,
thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest
after the date fixed for its redemption, and shall not be regarded as being outstanding except for the
right of the registered owner to receive the redemption price plus accrued interest to the date fixed
for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The
Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of
this Bond or any portion hereof. If a portion of this Bond shall be redeemed a substitute Bond or
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Bonds having the same maturity date, bearing interest at the same rate, in any Authorized Denomi-
nation, at the written request of the registered owner, and in aggregate principal amount equal to the
unredeemed portion thereof, will be issued to the registered owner upon the surrender hereof for
cancellation, at the expense of the City, all as provided in the Ordinance.
AS PR OVIDED IN THE OR DINANC E, this Bond, or any unr e d e e m e d por t i o n her e o f, may,
at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred,
and exchanged for a like aggregate principal amount of fully registered bonds, without interest
coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be,
having the same maturity date, and bearing interest at the same rate, in any Authorized Denomination
as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may
be, upon surrender of this Bond to the Paying Agent/Registrar at its Designated Trust Office for
cancellation, all in accordance with the form and procedures set forth in the Ordinance. Among
other requirements for such assignment and transfer, this Bond must be presented and surrendered
to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this
Bond or any portion or portions hereof in any Authorized Denomination to the assignee or assignees
in whose name or names this Bond or any such portion or portions hereof is or are to be transferred
and registered. The form of Assignment printed or endorsed on this Bond may be executed by the
registered owner to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the
assignment of this Bond or any portion or portions hereof from time to time by the registered owner.
The City shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges
for transferring, converting and exchanging any Bond or portion thereof; provided, however, that any
taxes or governmental charges required to be paid with respect thereto shall be paid by the one
requesting such transfer, conversion and exchange. In any circumstance, neither the City nor the
Paying Agent/Registrar shall be required (1) to make any transfer or exchange during a period
beginning at the opening of business 15 days before the day of the first mailing of a notice of
redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer
or exchange any Bonds so selected for redemption when such redemption is scheduled to occur
within 30 calendar days; provided, however, such limitation shall not be applicable to an exchange
by the registered owner of the uncalled principal balance of a Bond.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering or transferring
this Bond shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the City, resigns,
or otherwise ceases to act as such, the City has covenanted in the Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, and promptly will cause written notice
thereof to be mailed to the registered owners of the Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms and
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provisions, acknowledges that the Ordinance is duly recorded and available for inspection in the
official minutes and records of the City, and agrees that the terms and provisions of this Bond and
the Ordinance co n stitute a contract between each re gis t e red o w n e r h e reof and t h e C i t y.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series
of which it is a part, is duly authorized by law; that all acts, conditions and things required to be done
precedent to and in the issuance of this series of bonds, and of this Bond, have been properly done
and performed and have happened in regular and due time, form and manner as required by law; that
sufficient and proper provision for the levy and collection of ad valorem taxes has been made, which,
when collected, shall be appropriated exclusively to the payment of this Bond and the series of which
it is a part; and that the total indebtedness of the City of College Station, Texas, including the entire
series of bonds of which this is one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the City has caused this Bond to be signed by the manual or
facsimile signature of the Mayor of the City and countersigned by the manual or facsimile signature
of the City Secretary of the City, has caused the official seal of the City to be duly impressed, or
placed in facsimile, on this Bond.
xxxxx xxxxx
City Secretary, City of College Station, Texas Mayor, City of College Station, Texas
(SEAL)
114
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the proceedings
adopted by the Issuer as described in the text of this Bond; and that this Bond has been issued in
conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of
an issue which originally was approved by the Attorney General of the State of Texas and registered
by the Comptroller of Public Accounts of the State of Texas.
Dated:The Bank of New York Mellon Trust Company, N.A.,
Paying Agent/Registrar
By________________________________
Authorized Representative
(FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF ONLY)
OFFICE OF COMPTROLLER :
REGISTER NO. __________
STATE OF TEXAS :
I hereby certify that this Bond has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS MY HAND and seal of office at Austin, Texas this ___________________.
___________________________________
Comptroller of Public Accounts of
(SEAL) the State of Texas
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FORM OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto:
_____________________________________________________________
Please insert Social Security or Taxpayer Identification Number of Transferee
_____________________________________________________________
Please print or type name and address, including zip code of Transferee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints:
____________________________________, attorney, to register the transfer of the within Bond
on the books kept for registration thereof, with full power of substitution in the premises.
Dated: __________________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an
eligible guarantor institution participating in a
securities transfer association recognized
signature guarantee program.
NOTICE: The signature above must correspond
with the name of the registered owner as it
appears upon the front of this Bond in every
particular, without alteration or enlargement or
any change whatsoever.
The printer of the Bonds is hereby authorized to print on the Bonds (i) the form of bond counsel's
opinion relating to the Bonds, and (ii) an appropriate statement of insurance furnished by a municipal
bond insurance company providing municipal bond insurance, if any, covering all or any part of the
Bonds.
*Inserted and completed if term bonds are sold, as provided in the Purchase Contract.
116
EXHIBIT B
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 14 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided annually
in accordance with such Section are as specified below (and included in the Appendix or under the
headings of the Official Statement referred to):
1. The "Audit Report" for the most recently concluded fiscal year.
2. The information included in the Official Statement under the following captions, but for
the most recently concluded fiscal year: Tables numbered 1 through 6, and 8 through 14.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described
in the notes to the financial statements referred to in paragraph 1 described above, as such principles
may be changed from time to time to comply with state law or regulation.
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EXHIBIT C
FORM OF ESCROW AGREEMENT
(see attached)
118
ESCROW AGREEMENT
City of College Station, Texas General Obligation Refunding Bonds, Series 2010
_____________________________
THIS ESCROW AGREEMENT, dated as of November ________, 2010 (herein, together
with any amendments or supplements hereto, called the "Agreement") is entered into by and
between the City of College Station, Texas (herein called the "Issuer") and The Bank of New York
Mellon Trust Company, N.A., Dallas, Texas, as escrow agent (herein, together with any successor
in such capacity, called the "Escrow Agent"). The addresses of the Issuer and the Escrow Agent are
shown on Exhibit "A" attached hereto and made a part hereof.
W I T N E S S E T H:
WHEREAS, the Issuer heretofore issued and there presently remain outstanding the
obligations (the "Refunded Obligations") described in the Verification Report of Grant Thornton
LLP, a true and correct copy of which is attached hereto as Exhibit "B" and made a part hereof (the
"Report"), relating to the Refunded Obligations; and
WHEREAS, the Refunded Obligations are scheduled to mature on such dates, bear interest
at such rates, and be payable at such times and in such amounts as are set forth in the Report; and
WHEREAS, when firm banking arrangements have been made for the payment of principal
and interest to the maturity or redemption dates of the Refunded Obligations, then the Refunded
Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment
from the funds provided for such purpose; and
WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207"), authorizes the Issuer
to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available
funds or resources, directly with any place of payment (paying agent) for any of the Refunded
Obligations, or a trust company or commercial bank that does not act as a depository for the Issuer,
and such deposit, if made before such payment dates and in sufficient amounts, shall constitute the
making of firm banking and financial arrangements for the discharge and final payment of the
Refunded Obligations; and
WHEREAS, Chapter 1207 further authorizes the Issuer to enter into an escrow agreement
with any such paying agent for any of the Refunded Obligations, or a trust company or commercial
bank that does not act as a depository for the Issuer, with respect to the safekeeping, investment,
administration and disposition of any such deposit, upon such terms and conditions as the Issuer and
such paying agent, trust company or commercial bank may agree, provided that such deposits may
be invested only in obligations described in Section 1207.062 of Chapter 1207, which obligations
may be in book entry form, and which shall mature and/or bear interest payable at such times and
in such amounts as will be sufficient to provide for the scheduled payment of principal and interest
on the Refunded Obligations when due; and
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WHEREAS, this Agreement constitutes an escrow agreement of the kind authorized and
required by said Chapter 1207; and
WHEREAS, Chapter 1207 makes it the duty of the Escrow Agent to comply with the terms
of this Agreement and timely make available the amounts required to provide for the payment of
the principal of and interest on such obligations when due, and in accordance with their terms, but
solely from the funds, in the manner, and to the extent provided in this Agreement; and
WHEREAS, the issuance, sale, and delivery of the City of College Station, Texas General
Obligation Refunding Bonds, Series 2010 (the "Refunding Bonds") have been authorized and will
be issued, sold and delivered for the purpose, among others, of obtaining the funds required to
provide for the payment of the principal of the Refunded Obligations at their respective maturity
dates or dates of redemption and the interest thereon to such dates; and
WHEREAS, the Issuer desires that, concurrently with the delivery of the Refunding Bonds
to the purchasers thereof, certain proceeds of the Refunding Bonds, together with certain other
available funds of the Issuer, if applicable, shall be applied to purchase certain direct obligations of
the United States of America hereinafter defined as the "Escrowed Securities" for deposit to the
credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a
beginning cash balance (if needed) in such Escrow Fund; and
WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable
at such times and in such amounts so as to provide moneys which, together with cash balances from
time to time on deposit in the Escrow Fund, will be sufficient to pay interest on the Refunded
Obligations as it accrues and becomes payable and the principal of the Refunded Obligations on
their maturity dates or dates of redemption; and
WHEREAS, to facilitate the payment of the principal of and interest on the Refunded
Obligations, and to facilitate receipt and transfer of proceeds of the Escrowed Securities, particularly
those in book entry form, the Issuer desires to establish the Escrow Fund at the designated corporate
trust office of the Escrow Agent; and
WHEREAS, The Bank of New York Mellon Trust Company, National Association acts in
the capacity of paying agent for the Refunded Obligations, and constitutes the "Paying Agent" as
such term is used in this Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements
herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and
timely payment of principal of and the interest on the Refunded Obligations, the Issuer and the
Escrow Agent mutually undertake, promise, and agree for themselves and their respective
representatives and successors, as follows:
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ARTICLE I
DEFINITIONS AND INTERPRETATIONS
Section 1.01. Definitions. Unless the context clearly indicates otherwise, the following
terms shall have the meanings assigned to them below when they are used in this Agreement:
"Code" means the Internal Revenue Code of 1986, as amended, or to the extent applicable
the Internal Revenue Code of 1954, together with any other applicable provisions of any successor
federal income tax laws.
"Escrow Fund" means the fund created by this Agreement to be administered by the Escrow
Agent pursuant to the provisions of this Agreement.
"Escrowed Securities" means the direct noncallable, non-prepayable United States Treasury
obligations and obligations the due timely payment of which is unconditionally guaranteed by the
United States of America described in the Report or cash or other direct obligations of the United
States of America, as permitted by Chapter 1207, substituted therefor pursuant to Article IV of this
Agreement.
Section 1.02.Other Definitions. The terms "Agreement", "Issuer", "Escrow Agent",
"Refunded Obligations", "Refunding Bonds," "Report" and "Paying Agent", when they are used in
this Agreement, shall have the meanings assigned to them in the preamble to this Agreement.
Section 1.03. Interpretations. The titles and headings of the articles and sections of this
Agreement have been inserted for convenience and reference only and are not to be considered a
part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of
the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth
herein and to achieve the intended purpose of providing for the refunding of the Refunded Obliga-
tions in accordance with applicable law.
ARTICLE II
DEPOSIT OF FUNDS AND
ESCROWED SECURITIES
Section 2.01. Deposits in the Escrow Fund. Concurrently with the sale and delivery of the
Refunding Bonds the Issuer shall deposit, or cause to be deposited, with the Escrow Agent, for
deposit in the Escrow Fund, the funds and Escrowed Securities described in the Report, and the
Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the Issuer in writing.
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ARTICLE III
CREATION AND OPERATION OF ESCROW FUND
Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special trust fund
and irrevocable escrow to be known as the City of College Station, Texas General Obligation
Refunding Bonds, Series 2010 Escrow Fund (the "Escrow Fund"). The Escrow Agent hereby agrees
that upon receipt thereof it will irrevocably deposit to the credit of the Escrow Fund the funds and
the Escrowed Securities described in the Report. Such deposit, all proceeds therefrom, and all cash
balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, (b) shall
be applied only in strict conformity with the terms and conditions of this Agreement, and (c) are
hereby irrevocably pledged to the payment of the principal of and interest on the Refunded
Obligations, which payment shall be made by timely transfers of such amounts at such times as are
provided for in Section 3.02 hereof. When the final transfers have been made for the payment of
such principal of and interest on the Refunded Obligations, any balance then remaining in the
Escrow Fund shall be transferred to the Issuer, and the Escrow Agent shall thereupon be discharged
from any further duties hereunder.
Section 3.02. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably
instructed to transfer from the cash balances from time to time on deposit in the Escrow Fund and
make available to the Paying Agent for the Refunded Obligations, the amounts required to pay the
principal of the Refunded Obligations at their respective maturity and redemption dates and interest
thereon in the amounts and on the date shown in the Report.
Section 3.03. Sufficiency of Escrow Fund. The Issuer represents that the successive receipts
of the principal of and interest on the Escrowed Securities will assure that the cash balance on
deposit from time to time in the Escrow Fund will be at all times sufficient to provide moneys for
transfer to the Paying Agent at the times and in the amounts required to pay the interest on the
Refunded Obligations as such interest comes due and the principal of the Refunded Obligations as
the Refunded Obligations mature or are subject to redemption, all as more fully set forth in the
Report. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit
in the Escrow Fund shall be insufficient to transfer the amounts required by the Paying Agent for
the Refunded Obligations to make the payments set forth in Section 3.02 hereof, the Issuer shall
timely deposit in the Escrow Fund, from any funds that are lawfully available therefor, additional
funds in the amounts required to make such payments. Notice of any such insufficiency shall be
given as promptly as practicable as hereinafter provided, but the Escrow Agent shall not in any
manner be responsible for any insufficiency of funds in the Escrow Fund or the Issuer's failure to
make additional deposits thereto.
Section 3.04. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund, the
Escrowed Securities and all other assets of the Escrow Fund, wholly segregated from all other funds
and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any
other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow
Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The
Escrowed Securities and other assets of the Escrow Fund shall always be maintained by the Escrow
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Agent as trust funds for the benefit of the owners of the Refunded Obligations; and a special account
thereof shall at all times be maintained on the books of the Escrow Agent. The owners of the
Refunded Obligations shall be entitled to the same preferred claim and first lien upon the Escrowed
Securities, the proceeds thereof, and all other assets of the Escrow Fund to which they are entitled
as owners of the Refunded Obligations. The amounts received by the Escrow Agent under this
Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall
have no right to title with respect thereto except as a constructive trustee and Escrow Agent under
the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement
shall not be subject to warrants, drafts or checks drawn by the Issuer or, except to the extent ex-
pressly herein provided, by the Paying Agents.
Section 3.05. Security for Cash Balances. Cash balances from time to time on deposit in
the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or
its successor, be continuously secured by a pledge of direct obligations of, or obligations
unconditionally guaranteed by, the United States of America, having a market value at least equal
to such cash balances.
ARTICLE IV
LIMITATION ON INVESTMENTS
Section 4.01. Duty of Escrow Agent to Investment Funds. Except as provided in Sections
3.01, 4.02, and 4.03 hereof, the Escrow Agent shall not have any power or duty to invest or reinvest
any money held hereunder, or to make substitutions of the Escrowed Securities, or to sell, transfer
or otherwise dispose of the Escrowed Securities.
Section 4.02. Reinvestment of Certain Cash Balances in Escrow by Es crow Agent. In
addition to the Escrowed Securities listed in the Report, the Escrow Agent shall reinvest cash
balances shown in the Report in United States Treasury Obligations - State and Local Government
Series with an interest rate equal to zero percent (0%) to the extent (i) such Treasury Obligations are
available from the Department of the Treasury and (ii) such reinvestments are called for in the
Report. All such reinvestments shall be made, if and to the extent so required, only from the portion
of cash balances derived from the maturing principal of and interest on Escrowed Securities that are
United States Treasury Certificates of Indebtedness, Notes or Bonds - State and Local Government
Series. All such reinvestments shall be acquired on and shall mature on the dates shown on the
Report.
Section 4.03. Substitutions and Reinvestments. At the written direction of the Issuer, the
Escrow Agent shall reinvest cash balances representing receipts from the Escrowed Securities, make
substitutions of the Escrowed Securities or redeem the Escrowed Securities and reinvest the
proceeds thereof or hold such proceeds as cash, together with other moneys or securities held in the
Escrow Fund, provided that the Issuer delivers to the Escrow Agent the following:
(1)an opinion by an independent certified public accountant that after such
substitution or reinvestment the principal amount of the securities in the Escrow Fund,
together with the interest thereon and other available moneys in the Escrow Fund, will be
sufficient to pay, without further investment or reinvestment, as the same become due in
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accordance with the Report, the principal of, interest on and premium, if any, on the
Refunded Obligations which have not previously been paid, and
(2)an unqualified opinion of nationally recognized municipal bond counsel to
the effect that (a) such substitution or reinvestment will not cause the Refunded Obligations
to be "arbitrage bonds" within the meaning of Section 103 of the Code or the regulations
thereunder in effect on the date of such substitution or reinvestment, or otherwise make the
interest on the Refunded Obligations subject to federal income taxation, and (b) such
substitution or reinvestment complies with the Constitution and laws of the State of Texas
and with all relevant documents relating to the issuance of the Refunded Obligations.
The Escrow Agent shall have no responsibility or liability for loss or otherwise with respect
to investments made at the direction of the Issuer.
Section 4.04 Arbitrage. The Issuer hereby covenants and agrees that it shall never request
the Escrow Agent to exercise any power hereunder or permit any part of the money in the Escrow
Fund or proceeds from the sale of Escrowed Securities to be used directly or indirectly to acquire
any securities or obligations if the exercise of such power or the acquisition of such securities or
obligations would cause any Refunding Bonds or Refunded Obligations to be an "arbitrage bond"
within the meaning of the Code.
ARTICLE V
APPLICATION OF CASH BALANCES
Section 5.01. In General. Except as provided in Sections 3.01, 3.02, 4.02, and 4.03 hereof,
no withdrawals, transfers, or reinvestment shall be made of cash balances in the Escrow Fund.
ARTICLE VI
RECORDS AND REPORTS
Section 6.01. Records. The Escrow Agent will keep books of record and account in which
complete and correct entries shall be made of all transactions relating to the receipts, disbursements,
allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and
all proceeds thereof, and such books shall be available for inspection at reasonable hours and under
reasonable conditions by the Issuer and the owners of the Refunded Obligations.
Section 6.02. Reports. While this Agreement remains in effect, the Escrow Agent annually
shall prepare and send to the Issuer a written report summarizing all transactions relating to the
Escrow Fund during the preceding year, including, without limitation, credits to the Escrow Fund
as a result of interest payments on or maturities of the Escrowed Securities and transfers from the
Escrow Fund for payments on the Refunded Obligations or otherwise, together with a detailed
statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the
end of such period.
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ARTICLE VII
CONCERNING THE PAYING AGENTS AND ESCROW AGENT
Section 7.01. Representations. The Escrow Agent hereby represents that it is the Paying
Agent for the Refunded Obligations, that it has all necessary power and authority to enter into this
Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will
carry out all of its obligations hereunder.
Section 7.02. Limitation on Liability. The liability of the Escrow Agent to transfer funds
for the payment of the principal of and interest on the Refunded Obligations shall be limited to the
proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the
Escrow Fund. Notwithstanding any provision contained herein to the contrary, neither the Escrow
Agent nor the Paying Agent shall have any liability whatsoever for the insufficiency of funds from
time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make
timely payment thereon, except for the obligation to notify the Issuer as promptly as practicable of
any such occurrence.
The recitals herein and in the proceedings authorizing the Refunding Bonds shall be taken
as the statements of the Issuer and shall not be considered as made by, or imposing any obligation
or liability upon, the Escrow Agent. The Escrow Agent is not a party to the proceedings authorizing
the Refunding Bonds or the Refunded Obligations and is not responsible for nor bound by any of
the provisions thereof (except as a place of payment and paying agent and/or a Paying Agent/-
Registrar therefor). In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look
only to the terms and provisions of this Agreement and the Report.
The Escrow Agent makes no representations as to the value, conditions or sufficiency of the
Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security afforded
thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to
any of such matters.
It is the intention of the parties hereto that the Escrow Agent shall never be required to use
or advance its own funds or otherwise incur personal financial liability in the performance of any
of its duties or the exercise of any of its rights and powers hereunder.
The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in
good faith in any exercise of reasonable care and believed by it to be within the discretion or power
conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the
consequences of any error of judgment; and the Escrow Agent shall not be answerable except for
its own action, neglect or default, nor for any loss unless the same shall have been through its
negligence or willful misconduct.
Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to
determine or inquire into the happening or occurrence of any event or contingency or the
performance or failure of performance of the Issuer with respect to arrangements or contracts with
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others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund, to dispose
of and deliver the same in accordance with this Agreement. If, however, the Escrow Agent is called
upon by the terms of this Agreement to determine the occurrence of any event or contingency, the
Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care
and diligence, and in event of error in making such determination the Escrow Agent shall be liable
only for its own willful misconduct or its negligence. In determining the occurrence of any such
event or contingency the Escrow Agent may request from the Issuer or any other person such
reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to deter-
mine any fact relating to the occurrence of such event or contingency, and in this connection may
make inquiries of, and consult with, among others, the Issuer at any time.
Section 7.03.Compensation. (a) Concurrently with the sale and delivery of the Refunding
Bonds, the Issuer shall pay to the Escrow Agent, as a fee for performing the services hereunder and
for all expenses incurred or to be incurred by the Escrow Agent in the administration of this
Agreement, the amounts set forth in Exhibit C attached hereto, the sufficiency of which is hereby
acknowledged by the Escrow Agent to pay its fee for performing the services hereunder and for all
future paying agency services as Paying Agent for the Refunded Obligations. In the event that the
Escrow Agent is requested to perform any extraordinary services hereunder, the Issuer hereby agrees
to pay reasonable fees to the Escrow Agent for such extraordinary services and to reimburse the
Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary
services, and the Escrow Agent hereby agrees to look only to the Issuer for the payment of such fees
and reimbursement of such expenses. The Escrow Agent hereby agrees that in no event shall it ever
assert any claim or lien against the Escrow Fund for any fees for its services, whether regular or
extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its
expenses.
(b)Upon receipt of the aforesaid specific sums stated in subsection (a) of this Section
7.03 for Escrow Agent and paying agency fees, expenses, and services, the Escrow Agent shall
acknowledge such receipt to the Issuer in writing.
Section 7.04.Successor Escrow Agents.
(a) If at any time the Escrow Agent or its legal successor or successors should become
unable, through operation or law or otherwise, to act as escrow agent hereunder, or if its property
and affairs shall be taken under the control of any state or federal court or administrative body
because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the
office of Escrow Agent hereunder. In such event the Issuer, by appropriate action, promptly shall
appoint an Escrow Agent to fill such vacancy. If no successor Escrow Agent shall have been
appointed by the Issuer within 60 days, a successor may be appointed by the owners of a majority
in principal amount of the Refunded Obligations then outstanding by an instrument or instruments
in writing filed with the Issuer, signed by such owners or by their duly authorized attorneys-in-fact.
If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the
foregoing provisions of this section within three months after a vacancy shall have occurred, the
owner of any Refunded Obligation may apply to any court of competent jurisdiction to appoint a
successor Escrow Agent. Such court may thereupon, after such notice, if any, as it may deem
proper, prescribe and appoint a successor Escrow Agent.
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(b)Any successor Escrow Agent shall be: (i) a corporation, bank or banking association
organized and doing business under the laws of the United States or the State of Texas; (ii) be
authorized under such laws to exercise corporate trust powers; (iii) be authorized under Texas law
to act as an escrow agent; (iv) have its principal office and place of business in the State of Texas;
(v) have a combined capital and surplus of at least $5,000,000; and (vi) be subject to the supervision
or ex am i n at i o n by Fed eral o r S t at e authori t y.
(c)Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer
and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent
shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to the
terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder. Upon the
request of any such successor Escrow Agent, the Issuer shall execute any and all instruments in
writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all
such rights, powers and duties.
(d)The Escrow Agent at the time acting hereunder may at any time resign and be
discharged from the trust hereby created by giving not less than sixty (60) days' written notice to the
Issuer and publishing notice thereof, specifying the date when such resignation will take effect, in
a newspaper printed in the English language and with general circulation in New York, New York,
such publication to be made once at least three (3) weeks prior to the date when the resignation is
to take effect. No such resignation shall take effect unless a successor Escrow Agent shall have been
appointed by the owners of the Refunded Obligations or by the Issuer as herein provided and such
successor Escrow Agent shall be a paying agent for the Refunded Obligations or a trust company
or commercial bank that does not act as a depository for the Issuer and shall have accepted such
appointment, in which event such resignation shall take effect immediately upon the appointment
and acceptance of a successor Escrow Agent. If the sixty day notice period expires and no successor
has been appointed, the Escrow Agent, at the expense of the Issuer, has the right to petition a court
of competent jurisdiction to appoint a successor under this Agreement.
(e)Under any circumstances, the Escrow Agent shall pay over to its successor Escrow
Agent proportional parts of the Escrow Agent's fee and, if applicable, its Paying Agent's fee
hereunder.
Section 7.05. Indemnity. To the extent permitted by law, the Issuer agrees to indemnify and
save harmless the Escrow Agent from all losses, liabilities, costs and expenses, including reasonable
attorneys' fees and expenses, which may be incurred by the Escrow Agent as a result of its
acceptance of the Escrow Fund or arising from the performance of its duties hereunder, unless cuh
losses, liabilities, costs and expenses have resulted from the bad faith or negligence of the Escrow
Agent, and such indemnification shall survive the resignation by or removal of the Escrow Agent,
or the termination of this Agreement.
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ARTICLE VIII
MISCELLANEOUS
Section 8.01.Notice. Any notice, authorization, request, or demand required or permitted
to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed
by registered or certified mail, postage prepaid addressed to the Issuer or the Escrow Agent at the
address shown on Exhibit "A" attached hereto. The United States Post Office registered or certified
mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of
delivery. Any party hereto may change the address to which notices are to be delivered by giving
to the other parties not less than ten (10) days prior notice thereof. Prior written notice of any
amendment to this Agreement contemplated pursuant to Section 8.08 and immediate written notice
of any incidence of a severance pursuant to Section 8.04 shall be sent to Moody's Investors Service,
Attn: Public Finance Rating Desk/Refunded Bonds, 99 Church Street, New York, New York 10007
and Standard & Poor's Corporation, Attn: Municipal Bond Department, 25 Broadway, New York,
New York 10004 and Fitch, Inc., One State Street Plaza, New York, New York 10004.
Section 8.02.Termination of Responsibilities. Upon the taking of all the actions as
described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or
responsibilities hereunder to the Issuer, the owners of the Refunded Obligations or to any other
person or persons in connection with this Agreement.
Section 8.03.Binding Agreement. This Agreement shall be binding upon the Issuer and
the Escrow Agent and their respective successors and legal representatives, and shall inure solely
to the benefit of the owners of the Refunded Obligations, the Issuer, the Escrow Agent and their
respective successors and legal representatives.
Section 8.04.Severability. In case 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 any other provisions of this Agreement, but
this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never
been contained herein.
Section 8.05.Texas Law Governs. This Agreement shall be governed exclusively by the
provisions hereof and by the applicable laws of the State of Texas.
Section 8.06.Time of the Essence. Time shall be of the essence in the performance of
obligations from time to time imposed upon the Escrow Agent by this Agreement.
Section 8.07. Effective Date of Agreement. This Agreement shall be effective upon receipt
by the Escrow Agent of the funds described in the Report, together with the specific sums stated in
subsection (a) of Section 7.03 for Escrow Agent and paying agency fees, expenses, and services.
Section 8.08. Amendments. This Agreement shall not be amended except to cure any
ambiguity or formal defect or omission in this Agreement. No amendment shall be effective unless
the same shall be in writing and signed by the parties thereto. No such amendment shall adversely
affect the rights of the holders of the Refunded Obligations.
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Section 8.09. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original for all purposes, and all counterparts
shall together constitute one and the same instrument.
(execution page follows)
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EXECUTED as of the date first written above.
CITY OF COLLEGE STATION, TEXAS
By ________________________________________
City Manager
THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A.
By ______________________________________
Title:___________________________________
Signature Page for Escrow Agreement City of College Station General Obligation Refunding Bonds, Series 2010
130
INDEX TO EXHIBITS
Exhibit "A"Addresses of the Issuer and the Escrow Agent
Exhibit "B"Verification Report of Grant Thornton LLP
Exhibit "C"Escrow Agent Fee Schedule
131
EXHIBIT "A"
ADDRESSES OF THE ISSUER
AND ESCROW AGENT
ISSUER
City of College Station
1101 Texas Avenue
College Station, Texas 77840
Attention: Chief Financial Officer or City Treasurer
ESCROW AGENT
The Bank of New York Mellon Trust Company, N.A.
2001 Bryan Street, Suite 800
Dallas, Texas 75201
Attention: Corporate Trust Department
132
EXHIBIT "B"
VERIFICATION REPORT OF
GRANT THORNTON LLP
133
EXHIBIT "C"
ESCROW AGENT FEE SCHEDULE
134
October 14, 2010
Regular Agenda Item No. 2
Phillips Square Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an
Ordinance amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official
Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, specifically
rezoning 19.749 acres from A-O Agricultural Open and R-1 Single-Family Residential to PDD
Planned Development District for multi-family, office, and general commercial uses, for 529
William D. Fitch Parkway, generally located on the north side of William D. Fitch Parkway,
west of the Castle Rock Subdivision and wetlands mitigation area.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure, Neighborhood Integrity, and Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item at their
September 16, 2010 meeting and voted (6-0) to recommend approval of the rezoning
request with the condition that single-family, townhouse, and duplex uses be utilized in lieu
of the proposed multi-family residential, and with the following additional conditions related
to transportation facilities:
· A bike lane be provided on the “Commercial Street.”
· A right-turn deceleration lane be provided at the intersection of “Commercial
Street” and State Highway 40.
· Right-turn lanes be provided at each intersection of the “Private Drive” with
the “Commercial Street” and Castle Rock Parkway.
Staff recommended approval of this rezoning request with the above mentioned conditions
related to transportation facilities.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan Future Land
Use and Character Map designates the subject property as Urban and Natural Areas
Reserved. The property is also considered to be within Growth Area II. The Urban
designation is for a very intense level of development activity tending to consist of
townhouses, duplexes, and apartments. Within growth areas, an Urban designation may
also permit commercial, office, business park, and vertical mixed uses. The
Comprehensive Plan states that Natural Areas Reserved is for areas that represent a
constraint to development that should be preserved for their natural function or open
space qualities including areas of floodplain, riparian buffers, and for recreation facilities.
Prior to the adoption of the new Comprehensive Plan in May 2009, Council approved a
land use amendment to the previous Comprehensive Plan in November 2008 for this
tract and part of the adjacent Seaback tract. The change was from Single-Family
Residential Medium Density and Floodplain and Streams to General Commercial, Office,
and Residential Attached. In approving the request, Council stated that a Planned
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Development District (PDD) request was desired for the rezoning phase of development
(see attached Council Minutes). In keeping with this Council action and to ensure
consistency with the Comprehensive Plan, Staff requested that a PDD be sought with
this rezoning request.
It is Staff’s understanding that Council requested a PDD with its associated Concept Plan
so that a number of important aspects could be addressed with the development of this
tract that a standard zoning district could not otherwise accomplish. Staff has further
identified additional items that are applicable regarding a PDD:
a) As stated in the Comprehensive Plan, it is generally City policy not to rezone
Natural Area designations (floodplains and greenways) for development. Though
some of the floodplain on the property is currently zoned R-1 Single-Family
Residential, the proposed zoning would increase the intensity of uses and
development permitted in the floodplain. The PDD shows the location of the
floodplain and where and what type of development is proposed to occur in relation
to it.
b) The project proposed by the applicant is a mixed use development that would
provide the opportunity to live, work, and play in the same area. The PDD shows
how the uses are integrated together and how vehicular, bicycle, and pedestrian
traffic is connected between the proposed uses. These connections are even more
important considering this is an urban area planned for more intensive
development.
c) The adjacent property to the east is a deed restricted wetlands mitigation area
required by the U.S. Army Corps of Engineers as part of the development of the
Crowley tract, and has since been deeded to the City. This request shares a
common boundary of almost a half mile with the wetlands mitigation area and
intense development directly adjacent to it could be detrimental to its integrity and
the purposes for which it was required. The PDD includes a “no development” area
along portions of the mitigation area. This area is approximately 1.1 acres and was
determined using a 75, 50 or 25 foot setback from the stream conveyance area, as
shown on the Concept Plan.
d) The Bicycle, Pedestrian and Greenways Master Plan shows a future multi-use path
parallel to the adjacent creek and wetlands mitigation area. Given that
development on the opposite side of the creek has likely precluded a path on that
side, the multi-use path is proposed to be located on this side of the creek and will
be constructed by the applicant. The PDD illustrates where the path will be
located.
e) The previous Comprehensive Plan Amendment included the development of a
larger commercial area in connection with a portion of the Seaback tract over to
Victoria Avenue. This request does not include the Seaback tract and the proposed
C-1 General Commercial area diagonally bisects the commercial area. The PDD
shows how these areas will be integrated together by providing a private drive,
bicycle, and pedestrian connections to the adjacent tract.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: Much of the property in the
immediate vicinity is zoned as A-O Agricultural Open or for single-family residential
developments. The proposed PDD includes more intense land uses, which the
Comprehensive Plan anticipates with the Urban designation. The Natural Areas
Reserved with the adjacent deed restricted wetlands mitigation area both protects a
sensitive natural resource and provides a natural buffer between the proposed uses and
nearby single-family developments.
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3. Suitability of the property affected by the amendment for uses permitted by the
districts that would be made applicable by the proposed amendment: As a
result of the approval of the Comprehensive Plan Amendment in November 2008, the
draft of the new Comprehensive Plan was amended to illustrate this area as an Urban
designation along with the existing Natural Areas Reserved. The requested PDD includes
uses that the Comprehensive Plan anticipates as being suitable for this area over the 20-
year Plan horizon, with the exception of portions of the Natural Areas Reserved area of
the tract. Floodplain areas in the City already entitled for development by existing
zoning can proceed by complying with applicable FEMA and City regulations.
In addition to the physical suitability of the tract, the timing of the request also needs to
be considered. As part of a City capital project, Victoria Avenue is being extended from
its current termination south of Barron Road to William D. Fitch Parkway. The subject
tract will not have access to Victoria Avenue until Castle Rock Parkway is continued
across the adjacent Seaback tract. As such, this development will not have an easy
interaction with the future high school site or other nearby developments until this
occurs. In addition, there is a considerable amount of property zoned C-1 General
Commercial in this area of the City. For example, when considering all four corners of
the intersection of Williams D. Fitch Parkway and State Highway 6, there is over 300
acres is currently zoned C-1 General Commercial, which is an amount equivalent to the
land area of four Post Oak Malls. While some of this area has begun to develop, it will
take several years for the hundreds of remaining acres to develop.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
subject property was rezoned to R-1 Single-Family Residential as part of a master
planned development for the Crowley tract in 2002. Besides the Castle Rock
subdivision, other developments such as Castlegate, Sonoma, Edelweiss Gartens, and
Southern Trace have developed along William D. Fitch Parkway (State Highway 40)
and/or along creek and greenway corridors.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
Though rezoned to R-1 Single-Family Residential in 2002, this property is in proximity to
the intersection of William D. Fitch Parkway and Victoria Avenue. It is anticipated that
this will be a grade-separated intersection in the future and would diminish the long-
term value of this tract for single-family uses.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There are existing 8-inch
and 24-inch waterlines along Castle Rock Parkway and William D. Fitch Parkway (State
Highway 40), respectively. Sanitary sewer service may be provided via an existing 21-
inch sanitary sewer line which crosses the tract. Drainage is generally to the northeast
within the Spring Creek drainage basin. All utilities shall be designed in accordance with
the BCS Unified Design Guidelines at the time of platting and site development.
A zoning Traffic Impact Analysis (TIA) was required and performed for this request
based on the UDO requirement for any rezoning that will generate 150 trips in the peak
hour threshold. The TIA results should be used by the Planning and Zoning Commission
and City Council to discern potential traffic impacts of the rezoning on the surrounding
transportation network, the availability of the transportation network infrastructure to
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serve the development, and to discern potential mitigation solutions. The results of the
TIA are as follows:
1. A TIA was required to be submitted by the applicant with a five year build out and
by submitting a PDD, the applicant provided staff a clearer picture of the internal
traffic circulation within the different uses and the impacts to the surrounding
transportation network (i.e., Castle Rock Parkway and SH 40).
2. A general observation resulting from the concept plan is that the plan depicts that
within the site, three collectors will be providing the roadway traffic volume
capacity - Castle Rock Parkway, a commercial collector, and a private driveway
built to collector standards (with regard to the number of travel lanes, sidewalks,
and access management such as driveway spacing and speed). A minor collector
has a volume capacity of 5,000 vehicles per day (VPD). Combined, these collectors
provide for 15,000 VPD capacity and five outlets for traffic to egress and ingress
the site with each outlet generally dividing the capacity equally for 3,750 VPD per
outlet.
3. The TIA states that the proposed development will generate 6,404 VPD with 827
VPD presently utilizing Castle Rock Parkway. At build out, a total of 2,621 VPD will
be generated by the Castle Rock subdivision, calculated and based on the Institute
of Transportation Engineers (ITE) Report, trips generated by a single family land
use. Combined (subject property plus Castle Rock Subdivision at build out) these
trips total 9,025 VPD. Divided by the five collector outlets is1,805 VPD per outlet,
well within the collector VPD capacity.
4. A more detailed analysis was conducted as part of the TIA to describe the impacts
to the surrounding roadway network. More specifically, a level of service analysis
(LOS) was developed for following intersections: SH 40 at Victoria Avenue, Castle
Rock Parkway at Victoria Avenue, SH 40 and Castle Rock Parkway, and SH 40 at
the commercial collector roadway. Furthermore, two scenarios were developed:
scenario one with Castle Rock Parkway extending to Victoria Avenue and the
internal collectors (commercial street and private drive) providing internal
circulation, and scenario two with the internal circulation provided by the internal
collectors (however, Castle Rock Parkway was not extended to Victoria Avenue).
5. The scenarios analyzed the intersections of Castle Rock Parkway at Victoria
Avenue, Castle Rock Parkway at SH 40, and SH 40 at the commercial collector. The
LOS scale is A thru F, with A depicting the best traffic operation and F the worst
traffic operation. Scenario one at build out generally operated at a better LOS with
both scenarios operating within a LOS A and B. The worst LOS of these
intersections was under scenario two at the intersection of Castle Rock Parkway
and SH 40, operating at a LOS C.
6. With regard to the intersection at Victoria and SH40, taking into account the traffic
generated by Castlegate, the new high school, and the proposed development, the
northbound and the southbound movements at Victoria operated at a LOS of E and
F in both scenarios (LOS D being the acceptable threshold as per the Unified
Development Ordinance (UDO)).
7. A previous TIA conducted by the College Station Independent School District
(CSISD) for the new high school indicated a signal met the warrant analysis based
on the peak hour volume at the intersection of SH 40 at Victoria; however, TxDOT
relies more on the 8-hour traffic volume warrant and the crash frequency warrant
when warranting a signal (SH 40 is a TxDOT roadway). With the TIA for this
development further confirming the operational deficiencies at this intersection, a
signal will need to be installed in the future (when signal 8-hour warrant is met).
Funding would need to be identified and potentially a sharing of costs could be
worked out with CSISD, TxDOT, City of College Station, and the developer (for
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example the developer paying a quarter of the cost with details being worked out
with staff at a later stage such as at the site plan stage).
8. The TIA analyzed the intersection at Victoria at SH 40 with a signal in place and the
LOS improved dramatically with a LOS C or better.
9. The TIA recommends that a right turn deceleration lane be constructed at the
intersection of the commercial collector at SH 40 (ingress). Staff further
recommends that right turn lanes be provided at each intersection of the private
drive collector with the commercial collector and Castle Rock Parkway. Staff bases
this recommendation on the UDO requirement that any development that
generates 50 vehicles per hour (VPH) ingress will need to provide a right turn
deceleration lane. This site generates 246 VPH ingress divided by four
intersections (commercial collector at SH 40, private drive at Castle Rock Parkway
– both north and south, and private drive at commercial collector) equals 61.5 VPH
ingress. The right turn lanes will create a widening at the intersections, further
helping with the traffic operations at these intersections.
10. Staff is comfortable with the private drive being built to collector-type standards
with regard to the number of travel lanes, sidewalks, access management (such as
driveway spacing), speed and the 24-foot width, provided that no parking is
allowed and that the right turn deceleration lanes are provided as per the UDO
requirement. However, if the private drive is intended to provide fire access, it will
have to be worked out with the City’s Fire Department to meet fire lane
requirements.
11. Staff has recommended, and the developer has agreed, that the development will
be phased in such a manner to limit the traffic onto Castle Rock Parkway from this
development through the Castle Rock subdivision. Development that has access to
only Castle Rock Parkway (and not to William D. Fitch Parkway or Victoria Avenue)
will be limited such that the total projected traffic from this development is less
than 420 VPD. Additional development could not occur until access to William D.
Fitch or Victoria is provided. This will keep the LOS at LOS B which is the current
LOS.
12. Finally, with regard to the TIA recommendations to Victoria at SH40, the following
can be incorporated into the design of the future Victoria Avenue extension project
being built by the City:
· Southbound approach of the proposed Victoria Ave extension be built and
striped to provide two southbound lanes and one northbound lane, at a
minimum.
· The SH 40 crossover be restriped for four lanes with the two interior lanes
being exclusive left turn lanes - one northbound and one southbound.
· The existing northbound approach of Victoria at SH 40 be striped for two
northbound lanes and one southbound lane, at a minimum.
REVIEW OF CONCEPT PLAN
The applicant has provided the following information related to the purpose and intent of
the proposed zoning district:
“The proposed development will provide a mix of uses necessary to support the
demands for such uses resulting from the single-family residential developments in the
vicinity of this development. Also, the multi-family component will provide an
alternative to the single-family residential options available in this area. The
development is anticipated to have a mix of uses with adequate pedestrian and vehicular
accessibility and connectivity.”
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The applicant proposes to utilize C-1 General Commercial, R-4 Multi-Family, and A-P
Administrative Professional as the base, underlying zoning districts, as applicable. The range
of future building heights is proposed to be from 15 feet to 55 feet.
At the time of site plan and plat, the project will need to meet all applicable standards
required by the Unified Development Ordinance. Staff is currently undertaking an effort to
create new zoning districts to implement the different character areas envisioned by the
Comprehensive Plan. In the absence of a defined urban zoning district, the applicant and
Staff have negotiated through various standards to seek to attain an urban-style
appropriate for this portion of the City, while seeking to retain flexibility for both parties.
Through the PDD, the additional standards already described above are intended to achieve
this objective along with the applicant’s request for the following meritorious modifications:
• Streets and Alleys, Table V, BCS Design Guidelines
The applicant is requesting that the right-of-way width for the “Commercial Street”
shown on the Concept Plan be 71 feet. Generally an 85-foot right-of-way is required for
a collector in an urban context. Design requirements will be in accordance with the UDO
and BCS Unified Design Guidelines. The applicant states that reducing the width of the
“Commercial Street” right-of-way will provide for an “urban” design look to that portion
of the development. Staff recommends that a bike lane that prohibits parking be
included on the “Commercial Street” to support the reduction of right-of-way width.
• Section 5.2 “Residential Dimensional Standards” and Section 5.4 “Non-
Residential Dimensional Standards”
The applicant is requesting reduction of building setbacks along the “Commercial Street”
to 10 feet for all uses. All parking and landscaping requirements are proposed to be in
accordance with the UDO. The applicant states that a reduction of building setbacks
adjacent to the street will provide for an “urban” design look to that portion of the
development.
• Section 7.1.H.2 “Single Family Protection” of the Unified Development
Ordinance
The applicant is requesting that, although the adjacent City-owned property is zoned R-1
Single-Family Residential, it not be considered as a single-family use for the purpose of
limiting height or increasing the setback for multi-family or non-residential buildings
adjacent to the City-owned property. The applicant states that the City owned property
cannot be developed so there is no need for setbacks based on the height of the
buildings.
• Section 7.6 “Buffer Requirements” of the Unified Development Ordinance
The applicant is requesting that there be no buffers required where development is
adjacent to the City-owned property. All other buffers are proposed to be in compliance
with the UDO. The applicant states that a buffer fence or wall and landscaping would
block the view from the development into the riparian area and negate the benefits of
the greenbelt area.
• Section 8.2.A.10 “Blocks” of the Unified Development Ordinance
The applicant is requesting to vary from the 800-foot maximum block length
requirement. No public streets are proposed to connect to Castle Rock Parkway within
this development. The block length along the southern right-of-way of Castle Rock
Parkway is 850 feet within this development and 1,310 feet to the first intersecting
street in the Castle Rock Subdivision. The block length along the northern right-of-way
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of Castle Rock Parkway is 760 feet within this development and 1,540 feet to the first
intersecting street in the Castle Rock Subdivision. The applicant has proposed a “Private
Driveway and Cross Access Easement” through the property that will meet minor
collector standards for access and driveway spacing and lane width. This private drive
reduces the block length by approximately 200 feet on the north side of Castle Rock
Parkway and approximately 300 feet on the south side of Castle Rock Parkway.
• Section 8.2.A.13 “Sidewalks” of the Unified Development Ordinance
The applicant is requesting that in the section of street where the multi-use path
parallels the “Commercial Street,” an additional sidewalk not be required along that side
of the street. The applicant states that a sidewalk would be a duplication of the multi-
use path.
The Unified Development Ordinance provides the following review criteria for PDD Concept
Plans:
1. The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area: The Concept Plan proposes a
mix of multi-family, office, commercial uses, and open space. As designated on the
Comprehensive Plan, the subject property is proposed as Urban and Natural Areas
Reserved. An environment with a mix of uses potentially allows better opportunities for
residents to shop, dine, and work where they live, thus reducing traffic on nearby
streets and encouraging a more walkable environment. The property is bounded on two
sides by a deed-restricted conservation area owned by the City, which cannot be
developed. This allows the proposed uses to be buffered to/from the existing
development in the area. The conservation area also provides a focal point for the
development of the area. The proposed multi-use path and sidewalks will provide
pedestrian and bicycle accessibility throughout the development and to the larger area.
2. The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be
consistent with the intent and purpose of this Section: The proposed Concept Plan
is in general conformity with the policies, goals, and objectives of the Comprehensive
Plan. The Future Land Use and Character Map designates this area for Urban uses,
including multi-family, office, and commercial, which is what is proposed. The
Comprehensive Plan also designates a portion of the property for Natural Areas –
Reserved. Generally, the policies in the Comprehensive Plan do not support
development of FEMA designated floodplain. The property includes approximately 3.26
acres of floodplain designated by FEMA. A Letter of Map Revision (LOMR) has been
prepared by Walter P. Moore & Associates that is pending approval by FEMA, which
reduces the floodplain on site to 2.22 acres. The Concept Plan is proposing to designate
approximately 1.1 acres (0.89 acres of FEMA floodplain) as a “no disturbance” area.
This area was determined by using a 75-, 50-, or 25-foot setback from the stream
conveyance area, as noted (and shown graphically) on the Concept Plan.
3. The proposal is compatible with existing or permitted uses on abutting sites
and will not adversely affect adjacent development: The proposed development is
bordered on two sides by a conservation easement owned by the City. The conservation
area provides a natural buffer to the nearby single-family in the Castle Rock Subdivision.
The Comprehensive Plan anticipates other Urban development in the area to the north
and west, as well as preservation of the floodplain in those areas.
4. Every dwelling unit need not front on a public street but shall have access to a
public street directly or via a court, walkway, public area, or area owned by a
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homeowners association: The proposed development includes access to Castle Rock
Parkway, William D. Fitch Parkway, a public commercial roadway, a private drive
designed to function as a collector, and a future connection to Victoria Avenue. The
multi-family units and commercial uses will access these roadways through a network of
private drive aisles as depicted on the Concept Plan.
5. The development includes provision of adequate public improvements,
including, but not limited to, parks, schools, and other public facilities: The
development proposes to construct the multi-use path located within and adjacent to the
floodplain and/or roadway on the subject property. This will help facilitate bike and
pedestrian transportation in the area.
6. The development will not be detrimental to the public health, safety, welfare,
or materially injurious to properties or improvements in the vicinity: The subject
property and surrounding area is designated for Urban uses and Natural Areas. Besides
the requested meritorious modifications, the proposed development will meet all City
requirements.
7. The development will not adversely affect the safety and convenience of
vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic
reasonably expected to be generated by the proposed use and other uses
reasonably anticipated in the area considering existing zoning and land uses in
the area: The proposed phasing of the development is such that no more than 420
vehicle trips maybe generated by the proposed development before the connection to
William D. Fitch or Victoria Avenue must be made. The additional 420 trips on Castle
Rock Parkway (in addition to the existing 827 trips from the homes in the Castle Rock
subdivision) would retain the current Level of Service of “B.” The estimated trip
generation of Castle Rock Subdivision (at full build out) along Castle Rock Parkway is
2,621 vehicle trips. With the additional maximum trips proposed by the PDD zoning
(420 trips before alternate access must be provided) the vehicle trips per day on Castle
Rock Parkway would be approximately 3,041, well below the maximum capacity of
5,000 trips. Though additional trips will be generated, the proposed development
provides alternate vehicular, bicycle and pedestrian circulation routes as well as
additional commercial opportunities that are not currently available in the immediate
area.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Draft Planning & Zoning Commission meeting minutes (September 16, 2010)
4. Planning & Zoning Commission Minutes (October 16, 2008 and May 20, 2010)
5. Council Minutes (November 8, 2008 and June 10, 2010)
6. Proposed Concept Plan
7. Ordinance
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Background Information:
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Castle Rock HOA
Property owner notices mailed: Five
Contacts in support: None
Contacts in opposition: 37 contacts in opposition to the request. Concerns cited
include cut-through traffic, degradation of the floodplain area, flooding, loss of trees in mitigation
area from changed drainage patterns, tall buildings, student housing, multi-family housing,
potential for subsidized housing, general traffic increase, location of collector in relation to public
park facilities, loss of community and neighborhood character, and incompatible land uses.
Inquiry contacts: Two
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Urban and Natural
Areas Reserved
A-O Agricultural Open
and R-1 Single-Family
Residential
Vacant
South Thoroughfare –
Freeway William D. Fitch
Parkway (SH 40)
East Natural Areas
Reserved
R-1 Single-Family
Residential
Deed Restricted
Wetlands Mitigation
West Urban A-O Agricultural Open Vacant
DEVELOPMENT HISTORY
Annexation: 1995
Zoning: A-O Agricultural Open (upon annexation); R-1 Single-Family
Residential (2002)
Final Plat: Not platted
Site development: The subject property was included in a Master Plan of the Crowley
Tract in 1999. A landscaping building was constructed on the tract in
2001.
RELATION TO PREVIOUS ZONING REQUEST
In June of this year, the applicant requested a rezoning to R-4 Multi-Family, C-1 general
Commercial, and A-P Administrative Professional on the subject property. The Planning and
Zoning Commission recommended denial of the request, which was ultimately denied by the
City Council. There were concerns related to the uncertainty of the specific uses, development
of the floodplain, and the adequacy of the transportation infrastructure. Both the Planning and
Zoning Commission and the City Council recommended using a PDD Planned Development
District zoning for the project. The PDD helps to ensure consistency with the Comprehensive
Plan, compatibility with adjacent conforming uses, a more detailed evaluation of transportation
facilities, and an evaluation of greenways.
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September 16, 2010 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
September 16, 2010, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman Scott Shafer, Mike Ashfield, Hugh Stearns,
Doug Slack, Jodi Warner, Craig Hall, and Bo Miles
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: Dennis Maloney
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planner Lauren Hovde,
Transportation Planning Intern Sean Reardon, Transportation Planning Coordinator Joe Guerra,
Assistant City Engineer Josh Norton, City Engineer Alan Gibbs, Planning Administrator Molly
Hitchcock, Director Bob Cowell, First Assistant City Attorney Carla Robinson, Action Center
Representative Kerry Mullins, and Administrative Support Specialist Brittany Caldwell
Regular Agenda
5. Public hearing, presentation, possible action, and discussion regarding a rezoning from R-
1 Single-Family Residential and A-O Agricultural-Open to PDD Planned Development
District for 19.749 acres located at 529 William D. Fitch Parkway, on the north side of
William D. Fitch Parkway, west of the Castle Rock Subdivision and wetlands mitigation
area. Case #10-00500173 (JP)
Senior Planner Jennifer Prochazka presented the rezoning and recommended approval
with the condition that a bike lane be provided on the “Commercial Street”, a right-turn
deceleration lane be provided at the intersection of “Commercial Street” and State
Highway 40, and right-turn lanes be provided at each intersection of the “Private Drive”
with the “Commercial Street” and Castle Rock Parkway.
There was general discussion amongst the Commission regarding the Rezoning.
Chairman Shafer opened the public hearing.
Wallace Phillips, applicant, stated that he has met all of the requirements and requests
from the City.
Joe Schultz, engineer, stated that the plan may be altered and a No Adverse Impact Study
would be done.
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September 16, 2010 P&Z Regular Meeting Minutes Page 2 of 2
Jackie Hahn, 4515 Rocky Mountain Court, College Station, Texas; Kathy Richardson,
4281 Hollow Stone, College Station, Texas; Tom Kiske, 4213 Rocky Creek Trail,
College Station, Texas; Mary Koeninger, 4233 Little Rock Court, College Station, Texas;
Brian Restivo, 4221 Rocky Creek Trail, College Station, Texas; David Reynolds, 4232
Little Rock Court, College Station, Texas. The citizens spoke in opposition to the
rezoning expressing concern about traffic, flooding, and the addition of a multi-family
development.
Chairman Shafer closed the public hearing.
Commissioner Slack expressed concern about the development encroaching into the
floodplain.
Commissioner Miles stated that he felt that this proposed development was in line with
the Comprehensive Plan.
Commissioner Slack motioned to recommend approval with the condition that there
be no development within the official FEMA 100-year floodplain and that there be
no R-4 Multi-family development within the proposed development, but rather
lower density residential. Commissioner Stearns seconded the motion, motion
passed (7-0).
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October 14, 2010
Regular Agenda Item No. 3
Water Reclamation Project WF0995711
Construction Contract
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
a construction contract (10-251) with Dudley Construction in the amount of $2,122,819.10
for the Water Reclamation Phase 1 Project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure and Goal V, Green Sustainable City.
Recommendation: Staff recommends approval of the construction contract.
Summary: The Water Reclamation Project will allow treated effluent from the Carters
Creek Wastewater Treatment Plant to be delivered to Veteran’s Park in an effort to conserve
potable water that is currently being used for irrigation purposes in the park. The project
includes a pump station at the treatment plant, a 12” reclaimed water pipeline from Carter’s
Creek Wastewater Treatment Plant to Veteran’s Park, and a ground storage tank at the
park. The project was advertised for bids on August 31, 2010 and the lowest bid is being
recommended for approval. The project is scheduled to be complete in 9 months and will
be ready for summer 2011.
Budget & Financial Summary: Funds in the amount of $3,606,730.00 are budgeted in
the Water Capital Projects Fund. Funds in the amount of $611,195.34 have been expended
or committed to date, leaving a balance of $2,995,534.66 for construction and future
expenses.
Attachments:
1. Resolution
2. Project Location Map
3. Bid Tabulations
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City of College Station - Purchasing DivisionBid Tabulation for #10-87"Water Reclamation Phase I"Open Date: Friday, September 17, 2010 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE11LSTraffic Control, complete in place, in full accordance with theTechnical Specifications$4,200.00 $4,200.00 $6,116.00 $6,116.00 $2,100.00 $2,100.00 $5,500.00 $5,500.00 $1,630.00 $1,630.0021LSMobilization, complete and in place, in full accordance with theTechnical Specifications.$38,000.00 $38,000.00 $258,000.00 $258,000.00 $140,400.00 $140,400.00 $117,292.00 $117,292.00 $79,000.00 $79,000.00317LFRemoval of Existing Concrete Curb and Gutter, complete and inplace, in full accordance with the Technical Specifications and asshown on the Construction Drawings$10.11 $171.87 $30.00 $510.00 $24.00 $408.00 $17.00 $289.00 $15.00 $255.0041ACClearing and Grubbing, complete and in place, in full accordancewith the Technical Specifications$5,158.36 $5,158.36 $10,730.00 $10,730.00 $8,300.00 $8,300.00 $9,500.00 $9,500.00 $15,200.00 $15,200.0051LSErosion and Sediment Control, complete and in place, in fullaccordance with the Technical Specifications$7,719.64 $7,719.64 $10,730.00 $10,730.00 $7,300.00 $7,300.00 $29,547.00 $29,547.00 $10,870.00 $10,870.006 11,300 LFTrench Safety, complete and in place, in full accordance with theTechnical Specifications$1.26 $14,238.00 N/A $1,212.00 N/A $11,865.00 N/A $11,300.00 N/A $1,130.007 1,030 LFBoring, Jacking, Tunneling and Encasement - 12-inch PVC pipeAWWA C-900 reclaimed waterline, bored and jacked in 20-inchsteel casing, complete and in place, in full accordance with theTechnical Specifications and as shown on the ConstructionDrawings$225.69 $232,460.70 $210.00 $216,300.00 $267.00 $275,010.00 $260.00 $267,800.00 $246.50 $253,895.008 1,020 LFBoring, Jacking, Tunneling and Encasement - 12-inch PVC pipeAWWA C-900 reclaimed waterline, bored and jacked, completeand in place, in full accordance with the Technical Specificationsand as shown on the Construction Drawings$84.04 $85,720.80 $138.00 $140,760.00 $89.00 $90,780.00 $125.00 $127,500.00 $149.70 $152,694.00910ACHydro-Mulch Seeding, complete and in place, in full accordancewith the Technical Specifications and as shown on theConstruction Drawings$1,404.22 $14,042.20 $1,610.00 $16,100.00 $1,550.00 $15,500.00 $2,150.00 $21,500.00 $1,500.00 $15,000.0010 70 LFWater Main Construction - 12-inch DIP pipe reclaimed waterline,open cut, complete in place, including all fittings, in fullaccordance with the Technical Specifications and as shown on theConstruction Drawings$68.97 $4,827.90 $75.00 $5,250.00 $64.00 $4,480.00 $87.00 $6,090.00 $78.00 $5,460.0011 5 LFWater Main Construction - 6-inch PVC pipe AWWA C-900reclaimed waterline, open cut, complete in place, including allfittings, in full accordance with the Technical Specifications and asshown on the Construction Drawings$169.55 $847.75 $75.00 $375.00 $20.00 $100.00 $165.00 $825.00 $74.00 $370.0012 11,170 LFWater Main Construction - 12-inch PVD pipe AWWA C-900reclaimed waterline, open cut, complete in place, including allfittings, in full accordance with the Technical Specifications and asshown on the Construction Drawings$29.76 $332,419.20 $48.50 $541,745.00 $34.40 $384,248.00 $38.85 $433,954.50 $30.70 $342,919.0013 1 EAMain Line Valves - 6-inch gate valve and box, complete in place,in full accordance with the Technical Specifications and as shownon the Construction Drawings$814.68 $814.68 $644.00 $644.00 $650.00 $650.00 $800.00 $800.00 $730.00 $730.0014 7 EAMain Line Valves - 12-inch gate valve and box, complete in place,in full accordance with the Technical Specifications and as shownon the Construction Drawings$1,998.00 $13,986.00 $1,932.00 $13,524.00 $1,850.00 $12,950.00 $1,995.00 $13,965.00 $1,885.00 $13,195.00Doughtie Construction Co., Inc.(Huntsville, TX)Dudley Construction Ltd.(College Station, TX)R&B Group, Inc.(Houston, TX)BASE BIDBryan Construction Company(Bryan, TX)Cravens Services, Inc.(Houston, TX)Page 1 of 2161
City of College Station - Purchasing DivisionBid Tabulation for #10-87"Water Reclamation Phase I"Open Date: Friday, September 17, 2010 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICEDoughtie Construction Co., Inc.(Huntsville, TX)Dudley Construction Ltd.(College Station, TX)R&B Group, Inc.(Houston, TX)Bryan Construction Company(Bryan, TX)Cravens Services, Inc.(Houston, TX)15 10 EAMain Line Valves - 2-inch air release valve, complete in place, infull accordance with the Technical Specifications and as shown onthe Construction Drawings$2,200.00 $22,000.00 $2,039.00 $20,390.00 $2,100.00 $21,000.00 $2,885.00 $28,850.00 $2,815.00 $28,150.0016 1 EAConnection of New Lines to Existing Manholes, complete in place,in full accordance with the Technical Specifications and as shownon the Construction Drawings$1,200.00 $1,200.00 $500.00 $500.00 $1,500.00 $1,500.00 $850.00 $850.00 $940.00 $940.0017 1 LSTree and Plant Protection/Removal, complete in place, in fullaccordance with the Technical Specifications$1,500.00 $1,500.00 $1,610.00 $1,610.00 $1,030.00 $1,030.00 $1,875.00 $1,875.00 $2,700.00 $2,700.0018 1 EAConnection of 12-inch PVC pipe AWWA C-900 reclaimedwaterline to Carters Creek Wastewater Treatment PlantImprovements, complete in place, in full accordance with theTechnical Specifications and as shown on the ConstructionDrawings$3,000.00 $3,000.00 $500.00 $500.00 $1,200.00 $1,200.00 $1,550.00 $1,550.00 $10,570.00 $10,570.0019 1 LSCarters Creek Wastewater Treatment Plant Improvements,complete in place, in full accordance with the TechnicalSpecifications and as shown on the Construction Drawings,excluding Base Bid Items 1-18 and 20-22.$303,691.00 $303,691.00 $280,000.00 $280,000.00 $297,760.00 $297,760.00 $363,815.00 $363,815.00 $562,000.00 $562,000.0020 1 EAConnection of 12-inch PVC pipe AWWA C-900 reclaimedwaterline to Pre-Stressed Concrete Ground Storage Tank, completein place, in full accordance with the Technical Specifications andas shown on the Construction Drawings$8,880.00 $8,880.00 $1,000.00 $1,000.00 $3,800.00 $3,800.00 $11,255.00 $11,255.00 $8,140.00 $8,140.0021 1 LSPre-Stressed Concrete Ground Storage Tank, complete in place, infull accordance with the Technical Specifications and as shown onthe Construction Drawings$565,700.00 $565,700.00 $540,000.00 $540,000.00 $600,000.00 $600,000.00 $590,700.00 $590,700.00 $630,000.00 $630,000.0022 1 LSVeteran's Park Improvements, complete in place, in full accordance with the Technical Specifications and as shown on theConstruction Drawings, excluding Base Bid Items 1-21$457,241.00 $457,241.00 $540,000.00 $540,000.00 $490,500.00 $490,500.00 $568,770.00 $568,770.00 $518,000.00 $518,000.0023 1 LSAllowance for Guy Wire relocation, if required. See City ofCollege Station Standard Form of Construction Agreement forprovision on use of allowances.$5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00TOTAL BASE BID9Natgun Corp.99$2,122,819.10 $2,610,996.00 $2,375,881.00 $2,618,527.5099Certification of Bid Bid Bond9Acknowledged Addendums99Manufacturer of Ground Storage Tank (Bid Item No. 21)Natgun Corp. Natgun Corp. Natgun Corp.Did not select Mfg. on bid sheet but did submit Natgun Corp. experience info.»Doughtie Construction Co., Inc. Bidder miscalculated the Total Base Bid as $2,613,527.50. The highlighted total above is correct.NOTES:99999$2,657,848.0099Page 2 of 2162