HomeMy WebLinkAbout03/27/2008 - Regular Agenda Packet - City Council
Mayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Ron Gay Lynn McIlhaney
City Manager Chris Scotti
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, March 27, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request
Presentation of Historic marker # 82, 1205 Walton Drive
Presentation of Proclamation, “Don't Mess with Texas Trash-Off Day” to Keep Brazos Beautiful
Executive Director Laura Tankersley
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager.
ON BEHALF OF THE CITIZENS OF COLLEGE S TATION, HOME OF TEXAS A&M UNIVERSITY , WE WILL CONTINUE TO
PROMOTE AND ADVANCE THE COMMUNITY'S QUALITY OF LIFE.
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 approval of minutes for workshop and regular meetings, Thursday, March
13, 2008, and special meeting retreat, Tuesday, March 5, 2008.
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City Council Regular Meeting Page 2
Thursday, March 27, 2008
b. Presentation, possible action, and discussion regarding the renewal of an annual price agreement for
Janitorial Supplies, bid #06-44, with Pro Star Industries in an amount not to exceed $57,174.18.
c. Presentation, discussion and possible action regarding renewal of Bid #07-03 to Brazos Valley Services as
a secondary vendor to provide Type D Hot Mix Asphalt for the maintenance of streets, in an amount not to
exceed $66,000.00.
d. Presentation, possible action, and discussion on an Interlocal Agreement for cooperative purchasing
activities between the City of College Station and City of San Marcos, Texas.
e. Presentation, possible action, and discussion regarding a purchase order exceeding $50,000 to First Texas
Group for Interim Police Chief services.
f. Presentation, possible action, and discussion regarding the approval of furniture purchases for the newly
renovated Police Department. Furniture purchases will be made through the TxMAS contract (state contract)
to Wilton’s Office Works in the amount of $200,000.
g. Presentation, possible action, and discussion to approve a change order for the Corsair Drive (AMS Road)
extension project and the expenditure of funds.
h. Presentation, possible action, and discussion on an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) to construct, as part of the Texas Avenue widening project, capacity
improvements to Harvey Road (SH 30) between Texas Avenue and George Bush Drive East in an amount
not to exceed $84,174.
i. Presentation, possible action, and discussion on an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) to install, as part of the Texas Avenue widening project, an opticom
system and enforcement lights at the signalized intersections of Texas Avenue for an amount not to exceed
$8,717.
j. Presentation, possible action, and discussion regarding the approval of a settlement agreement in the total
amount of $333,749 to satisfy the court ordered mediation between City of College Station and Machine
Works, Inc.
k. Presentation, possible action, and discussion regarding the approval of Change Order #1, in the amount of
$310,749 to satisfy the court ordered mediation between City of College Station and Machine Works, Inc.
l. Presentation, possible action, and discussion regarding a resolution of condolences to Congressman Chet
Edwards on the passing of his father.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
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Thursday, March 27, 2008
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 of a resolution of the City Council of College Station, Texas,
establishing the sale price of grave spaces in the College Station municipal cemeteries.
2. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a
construction contract (Contract Number #08-116) with Acklam Construction Company in the amount of
$7,072,579.00 (Base bid plus Alternate #11) for the construction of Phase I of the Memorial Cemetery of
College Station; approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt; and approval of a contingency transfer in the Water Capital Improvement Projects Fund to pay
for the Water portion of the project.
3. Public hearing, presentation, discussion, and possible action regarding an Oil and Gas Operations Permit for
the Terry-Terry Unit, Well #2 as requested by the operator, EnerVest Operating, LLC. of Houston, Texas.
4. Public hearing, presentation, possible action, and discussion on consideration of an ordinance amending
Chapter 15, “Impact Fees,” amending the land use assumptions and capital improvements plan and the
imposition of updated water and wastewater impact fees in Service Areas 92-01, 97-01, 97-02B, and 99-01.
5. Public hearing, presentation, possible action, and discussion approving an ordinance vacating and
abandoning 0.35 acre of public sanitary sewer easement, which is located on Lot One, Block One of River
Oaks Subdivision according to the plat recorded in Volume 8194, Page 181 of the Deed Records of Brazos
County, Texas.
6. Public hearing, presentation, possible action, and discussion concerning consideration of an ordinance
amending Chapter 10, “Traffic Code,” to remove parking on certain sections of Longmire Drive north of
Airline Drive and Longmire Court.
7. Presentation, possible action and discussion on appointments to Outside Agency Funding Review
Committee.
8. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
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Thursday, March 27, 2008
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, March 27, 2008 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 24th day of March, 2008 at 2:30 pm.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website,
www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on March 24, 2008 at 2:30 pm 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 ________________, 2008.
By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2008.
______________________________
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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Mayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Ron Gay Lynn McIlhaney
City Manager Chris Scotti
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop Meeting
Thursday, March 13, 2008 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor White, Mayor Pro Tem Gay, Council members
Crompton, Massey, Scotti, Ruesink, and McIlhaney
STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Deputy
City Secretary McNutt, Management Team.
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed
on the consent agenda.
No discussion needed.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding Phase
I construction costs for the Memorial Cemetery of College Station and the establishment of
the space price structure for the municipal cemetery system.
Introduced by Warren Struss, Interim Director of Parks and Recreation.
Ross Albrecht, Forestry / Urban Landscape Manager presented the Council bids received from the
construction of Phase 1 of the Memorial Cemetery of College Station and on the establishment of
space pricing for the municipal cemeteries. Asking for Council’s; (1) Direction on resolution
awarding bid and approval of the construction contract (Contract No. #08116) with Acklam
Construction Company in the amount of $7,072,579.00 (Staff recommendation amount) for the
construction of Phase 1 of the Memorial Cemetery of College Station. (2) Direction on resolution
establishing the sale price of grave spaces in the College Station municipal cemeteries. Jeff Kersten
explained about the financial side of the cemetery project.
Quorum of Cemetery Advisory Committee present: Weldon Kruger, David Chester, Joe Wallace,
Randy Matson, Virginia Reece, James Batenhorst and Donald Braune.
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Cemetery Advisory Committee called to order at 3:02 p.m.
Council expressed concern about the significant increase in cost of project since last status report.
Council discussed options to cover the indebtedness based on proforma presented by Chief
Financial Officer, Jeff Kersten.
A motion was made by Mayor Pro tem Gay to approve the bid from Acklam Construction Company
in the amount of $7,072,579.00 and change the cost of grave spaces to $2000.00 in the Aggie Field
of Honor. Seconded by Council member McIlhaney. Mayor Pro Tem Gay explained the
importance of covering the project increases and this motion allows additional revenue. Council
member McIlhaney concurred.
Council members Massey, Crompton, Scotti agreed with the motion on the floor for the bid award.
Each voiced concerns about increasing grave space fees.
City Manager Brown reminded the City Council that the City Council would establish the fees by
resolution at its next meeting on March 27.
Staff was directed to review proforma based on different price allocations.
An amended motion was made by Mayor Pro Tem Gay to approve the bid from Acklam
Construction Company in the amount of $7,072,579.00. Seconded by Council member McIlhaney
which carried 6-1.
FOR: Mayor White, Gay, Crompton, McIlhaney, Scotti, and Ruesink
AGAINST: Massey
Cemetery Advisory Commission adjourned the meeting at 3:57 p.m.
Workshop Agenda Item No. 5 -- Presentation, possible action and discussion regarding the
progress of the CIP Citizen Advisory Committee’s work to recommend a prioritized list of
projects that can be funded with General Obligation Bond funds.
Introduced by Mark Smith, Director of Public Works.
Brian Bochner, Chairman of CIP Committee presented a brief overview of the status report. The
Citizen Advisory Committee has begun a series of meetings with the aim of developing a
recommended prioritized list of projects for Council to consider to be placed before the voters in a
bond election in November 2008. Brian Bochner requested Council’s strategic plans and priorities.
Council emphasized that Transportation projects were their highest priority. No formal action
taken.
Workshop Agenda Item No. 3 -- Presentation, possible action and discussion on the timeline
and current work being conducted toward the completion of the Community Emergency
Operation Center.
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Introduced by Robert Alley, Fire Chief. (Jon Mies, Assistant Fire Chief)
Brian Hilton, Emergency Management Officer presented an overview of the Community
Emergency Operation Center project. He stated that this project was a result of the leadership and
direction that was provided by the Intergovernmental Committee. Staff asked for direction from the
City Council on a potential long term solution to the Community Emergency Operations Center.
Council’s direction was to direct staff to continue to move forward with the Community Emergency
Operation Center project.
No formal action taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding the
City’s efforts to further affordable housing.
David Gwin, Director of Economic and Community Development briefly explained the City’s
affordable housing programs, accomplishments, future direction and ready to provide input on the
overall direction of these efforts. EDC oversees a number of programs to promote and develop safe
and affordable housing for lower income residents of College Station. The impact these programs
have made on the lives of citizens and the changes that have occurred in the neighborhoods are
impacted by these activities.
Items discussed: Housing Stock, Affordable Housing, Future Direction, Housing Infrastructure,
Housing environment, Programming Parameters, Housing Programs and Activities, Affordable
Housing, Tenant Base Rental Assistance, Down Payment Assistance, Minor Home Repair, Optional
Relocation Program, Recommended Modifications, New Construction, Programming Commonality,
HFH – New Construction Program, Future Direction.
Council requested to receive more information at a later date.
No formal action taken.
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion regarding and
update of the Washington, D.C. trip taken in February included issues such as transportation
and economic development.
Introduced by Terry Childers, Deputy City Manager.
Mayor White presented information from the Washington, D.C. trip. Accompanying him was
Mayor Pro Tem Gay, Council member Scotti and Deputy City Manager Terry Childers.
A motion was made by Mayor Pro Tem Gay to approve a condolence resolution to present to
Congressman Edwards. Seconded by Council member Scotti which carried 7-0.
FOR: Mayor White, Massey, Gay, Crompton, Ruesink, Scotti, and McIlhaney
AGAINST: None
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Workshop Agenda Item No. 7 -- Council Calendar
March 17 IGC Meeting, BVCOG office, noon – 1:30 pm
March 18 Transportation Committee, Adm. Conference Room, 4:30 pm
March 21 City offices closed, Good Friday
March 26 Police Dept. Annual Employee Banquet, Pebble Creek, 6:30 pm
March 27 Council Workshop and Regular Meetings, 3:00 pm and 7:00 pm
March 31 Citizen University, Mayor/Council Council Chambers, 5:30 pm – 7:30 pm
April 2 Annual Picnic, Interfaith Dialogue, City Hall, 11:30 am
Addition to Council Calendar:
•March 17 IGS meeting at the BVGOG at 1200 pm
•April 2 Reception Julie O’Connor 3:00 to 5:00 pm
•April 3 Reception for candidates at the Hilton
•April 10 Council agreed to change Workshop meeting to 2:30 pm
Workshop Agenda Item No. 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.
No items came to the table.
Workshop Agenda Item No. 9 -- Discussion, review and possible action regarding the
following meetings: Arts Council Subcommittee of the Council, Audit Committee, Brazos
County Health Dept., Brazos Valley Council of Governments, Cemetery Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association,
Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee,
Metropolitan Planning Organization, National League of Cities, Outside Agency Funding
Review, Parks and Recreation Board, Planning and Zoning Commission, Sister City
Association, TAMU Student Senate, Research Valley Partnership, Regional Transportation
Committee for Council of Governments, Texas Municipal League, Transportation
Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board
of Adjustments (Notice of Agendas posted on City Hall bulletin board).
Workshop Agenda Item No. 9-- Executive Session will immediately follow the workshop
meeting in the Administrative Conference Room.
No reports made.
Workshop Agenda Item No. 10 – Executive Session will immediately follow the workshop
meeting in the Administrative Conference Room.
Mayor White announced that the City Council would convene into executive session at 5:50 pm
pursuant to Section 551.071 of the Open Meetings Act to seek the advice of our City Attorney.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may
seek advice from its attorney regarding a pending and contemplated litigation subject or settlement
offer or attorney-client privileged information. Litigation is an ongoing process and questions may
arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council.
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Upon occasion the City Council may need information from its attorney as to the status of a pending
or contemplated litigation subject or settlement offer or attorney-client privileged information.
After executive session discussion, any final action or vote taken will be in public. The following
subject(s) may be discussed:
a. Application with TCEQ in Westside/Highway 60 area, near Brushy Water Supply
Corporation.
b. Civil Action No. H-04-4558, U.S. District Court, Southern District of Texas, Houston
Division, College Station v. U.S. Dept. of Agriculture, etc., and Wellborn Special Utility
District.
c. Cause No. GN-502012, Travis County, TMPA v. PUC (College Station filed Intervention
7/6/05)
d. Sewer CCN request.
e. Legal aspects of Water Well and possible purchase of or lease of another water site.
f. Civil Action No. H-04-3876, U.S. District Court, Southern District of Texas, Houston
Division, JK Development v. College Station.
g. Cause No. 06-002318-CV-272, 272nd Judicial District Court, Brazos County, Texas, Taylor
Kingsley v. City of College Station, Texas and Does 1 through 10, inclusive.
h. Cause No. 485-CC, County Court at Law No. 1, Brazos County, Texas, City of College
Station v. David Allen Weber, et al.
i. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
j. Cause No. 07-001241-CV-361, 361st Judicial District Court, Brazos County, Texas
Gregory A. & Agnes A. Ricks v. City of College Station
k. Water CCN request
Workshop Agenda Item No. 11 -- Action on executive session, or any workshop agenda item
not completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular
Meeting if necessary.
No formal action taken.
Workshop Agenda Item No. 12 -- Adjourn.
The workshop meeting adjourned at the same time as the regular meeting.
PASSED and APPROVED, this 27th day of March, 2008.
APPROVED:
________________________________
Mayor Ben White
ATTEST
__________________________________
City Secretary, Connie Hooks
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Mayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Ron Gay Lynn McIlhaney
City Manager Chris Scotti
Glenn Brown David Ruesink
_____________________________________________________________________________
Draft Minutes
City Council Regular Meeting
Thursday, March 13, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor White, Mayor Pro Tem Gay, Council members
Crompton, Massey, Scotti, Ruesink, and McIlhaney
STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks,
Deputy City Secretary McNutt, Management Team
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation Hear visitors.
Mayor White called the meeting to order at 7:00 p.m. He led the audience in the Pledge of
Allegiance. Council member Scotti provided the invocation.
Hear Visitors
Tyler Koch, 505 Lansing, CS, expressed his appreciation to the Council for designating a new
polling location at the MSC on campus for early voting on City elections.
Consent Agenda 2a – 2e
a. Approval of the City Council workshop and regular meeting minutes, February 28, 2008.
b. Approval of Resolution No. 3-13-08-2b to update the Interlocal Agreement for Emergency
Medical Ambulance Service to respond to emergencies in Brazos County and to establish the
annual fee for FY 2008 at $175,000.
c. Approval of Resolution No. 3-13-08-2c awarding a Real Estate Contract to transfer
ownership of 1119 Georgia Street, an undeveloped residential lot, to the local Habitat for
Humanity affiliate.
d. Approval of Resolution No. 3-13-08-2d awarding the bid and approval of a construction
contract (Contract Number #08-063) with R.M. Dudley Construction in the amount of
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$1,127,628.00, for the construction of University, Edelweiss Gartens, and Woodland Hills
Neighborhood Parks.
e. Approval of a three year professional services contract with McCord Engineering, Inc. for
$1,800,000.00 for electrical engineering services.
A motion was made by Mayor Pro Tem Gay to approve consent agenda items 2a – 2e. Seconded
by Council member McIlhaney which carried 7-0
FOR: Mayor White, Gay, Massey, McIlhaney, Ruesink, Scotti, and Crompton
AGAINST: None
Regular Agenda Item No. 1 -- Presentation, possible action, and discussion regarding an
ordinance annexing property within the City of College Station’s extraterritorial
jurisdiction under the exempt status.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Lance Simms, Assistant Director, Planning and Development Services briefly presented an
ordinance that provides for the annexation of area 4 under the direction that was received from
the Council at the February 28 regular meeting. As revised, annexation Area four, is
approximately 346 acres.
A motion was made by Council member Massey to approve Ordinance No. 3056 to annex
property within the City of College Station’s extraterritorial jurisdiction under the exempt status
and seconded by Council member McIlhaney which carried 7-0.
FOR: Mayor White, Massey, McIlhaney, Ruesink, Scotti, and Crompton
AGAINST: Mayor Pro Tem Gay
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion
on a Comprehensive Plan Amendment from Retail Neighborhood and Single-Family
Residential, Medium Density to Single-Family Residential, High Density for 10.44 acres
located at 2950 Rock Prairie Road West generally located west of the intersection with Old
Wellborn Road on the north side of Rock Prairie Road West.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Jason Schubert, Staff Planner presented to the Council an ordinance to rezone a small area
known as the Wellborn Road / I&GN Triangle, which was annexed back in 2003. The Planning
and Zoning Commission recommended approval of Single Family Residential, High Density (7-
0) at their February 21st meeting. Staff also recommended approval.
Mayor White opened the public hearing.
Joe Schultz, 3208 Innsbruck, CS, asked if were any questions that needed answering about land
use amendment. Mayor White closed the public hearing.
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A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3057 on rezoning a
small area known as the Wellborn Road / I&GN Triangle, which was annexed back in 2003.
Seconded by Council member Scotti which carried 7-0.
FOR: Mayor White, Crompton, Gay, Ruesink, Massey, Scotti, and McIlhaney
AGAINST: None
Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion
on an ordinance rezoning Glenhaven Subdivision Phase 1 and 3 to apply a Neighborhood
Prevailing Overlay (NPO) for those properties located on Summerglen Drive between
University Drive East and Glenhaven Drive.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Lindsay Boyer, Senior Planner presented the Council an ordinance changing the zoning district
boundaries of the Glenhaven Subdivision Phase 1 and 3 to a Neighborhood Prevailing Overlay
(NPO). Properties adjacent are zoned for single-family and office and the overlay is compatible.
The Planning and Zoning Commission unanimously recommended approval at their February
21st meeting and staff concurs.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Council member Scotti to approve Ordinance No. 3058 to change the
zoning district boundaries of the Glenhaven Subdivision Phase 1 and 3 to apply a Neighborhood
Prevailing Overlay for those properties located on Summerglen Drive between University Drive
East and Glenhaven Drive. Seconded by Council member Massey 7-0.
FOR: Mayor White, Ruesink, Scotti, McIlhaney, Gay, Massey, and Crompton
AGAINST: None
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion
on a rezoning from A-O, Agricultural Open to C-1, General Commercial for a 28.34 acres
tract located at 3990 and 3994 University Drive East located approximately 1600 feet west
of the intersection of University Drive East and SH 30.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Bob Cowell, AICP, Director of Planning and Development Services presented an ordinance to
Council on rezoning from A-O, Agricultural Open to C-1, General Commercial for a 28.34 acres
tract located at 3990 and 3994 University Drive East. The Planning and Zoning Commissions
recommended the approval of the rezoning and staff agrees.
Mayor White opened the public hearing.
Raborn Metcalf, engineer on project.
Mayor White closed the public hearing
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3059 on rezoning from
A-O, Agricultural Open to C-1, General and Commercial for a 28.34 acres tract located at 3990
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Regular Agenda Minutes 03-13-08 Page 4
and 3994 University Drive East located approximately 1600 feet west of the intersection of
University Drive East and SH 30. Seconded by Council member Scotti which carried 6-1.
Council member McIlhaney request to deny motion and sent back to PDD.
FOR: Mayor White, Gay, Massey, Crompton, Scotti, and Ruesink
AGAINST: McIlhaney
Regular Agenda Item No. 5 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 7:25 p.m. on Friday, March, 13,
2008.
PASSED and APPROVED this 27th day of March, 2008.
APPROVED:
___________________________________
Mayor White
ATTEST:
____________________________________
City Secretary, Connie Hooks
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March 27, 2008
Consent Agenda Item 2b
Renewal of Hot Mix Asphalt Annual Price Agreement – Secondary Vendor
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, discussion and possible action regarding renewal
of Bid #07-03 to Brazos Valley Services as a secondary vendor to provide Type D
Hot Mix Asphalt for the maintenance of streets, in an amount not to exceed
$66,000.00.
Recommendation(s): Staff recommends approval of the purchase agreement
renewal with Brazos Valley Services as the secondary vendor.
Summary: Knife River (Young Contractors) was the successful bidder for the
FY2006 annual price agreement as the primary supplier of Type D Hot Mix Asphalt.
The purchase agreement with Knife River was renewed on October 25, 2007.
This action renews the agreement with Brazos Valley Services as the secondary
supplier of Type D Hot Mix Asphalt. A secondary supplier is needed to insure a
steady supply of street maintenance material. There are times when the primary
supplier can not furnish the Type D Hot Mix Asphalt when it is required. The amount
of $48,882.17 has been used on this renewal to date. This renewal is the first of two
optional annual renewals. The Purchase Agreement supports maintenance operations
in the Street Maintenance Division.
Budget & Financial Summary: Funding is available in the operating budget of
the Street Maintenance Division.
Attachments: Renewal Letter
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March 27, 2008
Consent Agenda Item 2c
Renewal of an Annual Price Agreement for Janitorial Supplies
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding the renewal of
an annual price agreement for Janitorial Supplies, bid #06-44, with Pro Star Industries in an
amount not to exceed $57,174.18.
Recommendation(s): Staff recommends renewal of the annual price agreement with Pro
Star Industries.
Summary: On March 23, 2006 council approved an annual price agreement (Item 12.6)
with Pro Star Industries for janitorial supplies, in an amount not to exceed $54,498.31.
On March 22, 2007 council approved the first renewal of this price agreement (Consent
Item 2.c) in an amount not to exceed $54,498.31.
This is the second, and final, renewal of the annual price agreement. This renewal includes
an increase of 4.91%.
Renewal is dependent upon mutual consent of the City and the vendor. The renewal is for
one (1) year, from March 24, 2008 - March 23, 2009.
Budget & Financial Summary: Funds are budgeted and available in the Public Works
Facilities Maintenance Operations Budget.
Attachments:
1. Renewal Letter.
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March 27, 2008
Consent Agenda Item 2d
Interlocal Agreement with City of San Marcos
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on an Interlocal
Agreement for cooperative purchasing activities between the City of College Station and City
of San Marcos, Texas.
Recommendation(s): Staff recommends approval of the Interlocal Agreement.
Summary: This agreement would authorize the City of College Station and City of San
Marcos Purchasing Managers to jointly prepare bids and proposals for the purchase of goods
and services. It would also allow us to piggyback on each others bids and contracts when in
our best interest. At this time, City of San Marcos is specifically interested in exploring
opportunities to piggyback on our streaming video contract with Granicus.
Budget & Financial Summary: No expenses will be incurred to approve the Interlocal
Agreement. Future savings may be realized through economies of scale in administrative,
advertising and other purchasing costs.
Attachments: Interlocal Agreement with City of San Marcos
20
ThITERLOCALAGREEMffiNTBETWEEN
THE CITY OF COLLEGE STATION AND
THE CITY OF SAN MARCOS
WHEREAS,Chapter 791 of the Texas Government Code,also known as the Interlocal
Cooperation Act,authorizes all local governments to contract with each other to perform
governmental functions or services including administrative functions normally associated with
the operation of government such as purchasing of necessary equipment,supplies and services;
WHEREAS,the City of College Station and the City of San Marcos desire to enter into this
Agreement for the purpose of fulfilling and implementing their respective public and
governmental purposes,needs,objectives,programs and services;
WHEREAS,the City of College Station and the City of San Marcos are both Home-Rule
Municipal Corporations organized under the laws of Texas.The City of College Station is
authorized to enter into this Agreement pursuant to Article II,Section 5 of its City Charter;the
City of San Marcos is authorized to enter into this Agreement pursuant to its City Charter,Article
II,Section 2.01.
WHEREAS,The City of College Station and the City of San Marcos represent that each are
independently authorized to perform the functions or services contemplated by this Agreement;
WHEREAS,each party has or will have sufficient funds available ftom current revenues to
perform the functions contemplated by this Agreement;
WHEREAS,it is deemed in the best interest of all participating governments that said
governments do enter into a mutually satisfactory agreement for the purchase of necessary
equipment,supplies and services;
WHEREAS,the participating governments are of the opinion that cooperation in the purchasing
of equipment,supplies,services and auctions will be beneficial to the taxpayers of the
governments through the efficiencies and potential savings to be realized.
NOW THEREFORE,the parties hereto,in consideration of the mutual covenants and
conditions contained herein,promise and agree as to each ofthe other as follows:
1.The Purchasing Agent of the City of College Station is authorized to act
under the direction of,and on behalf of,the City of College Station in all
matters related to this cooperative purchasing program.The Purchasing
Manager of the City of San Marcos is authorized to act under the direction
of,and on behalf of,the City of San Marcos in all matters related to this
cooperative purchasing program.Both the Purchasing Agent for the City
of College Station and the Purchasing Manager for the City of San Marcos
are authorized to jointly prepare bids,proposals,requests for qualifications
-1 -
21
and other procurement activity for the purchase of equipment,supplies,
services,insurance,high technology,professional services and other
expenditures that may be exempt from competitive bidding/proposals.
2.The Purchasing officials for both governmental entities shall fairly
distribute the bids,proposals,requests for qualifications and other
purchases to be made and the cost of advertising shall be borne equally by
each entity.
3.The Purchasing Agents of the City of College Station and the City of San
Marcos shall agree on who is responsible for all such administrative duties
as may be necessary to lawfully facilitate processing and preparation of
any bids,proposals and request for qualifications and other procurement
activity as may be required for the purchase of any equipment,supplies,
services,insurance,high technology,professional services and other
expenditures that may be exempt from competitive bidding/proposals.
The City of College Station and the City of San Marcos shall share equally
any and all cash rebates related to any joint purchases pursuant to this
Agreement.
4.Each entity shall be responsible for vendor compliance with provisions
relating to the quality of items and terms of delivery.Each entity shall pay
invoices directly to the providers of goods and services that are invoiced
and delivered directly to each respective entity.
5.Participation by either entity in any cooperative purchasing activity is
strictly voluntary.Nothing in this Agreement shall prevent either entity
from purchasing and/or accepting and awarding bids,proposals and
contracts subject to this Agreement on its own behalf.
6.Each entity shall ensure that all applicable laws and ordinances have been
satisfied.
7.Effective Date and Term.This Agreement shall be effective when
signed by the last party whose signing makes the Agreement fully
executed and will remain in full force and effect until December 31,2008.
This Agreement shall automatically renew for successive one-year terms
unless sooner terminated in accordance with the provisions of this
Agreement.The conditions set forth below shall apply to the initial term
and all renewals.Notwithstanding this provision,any party may modify or
terminate this Agreement as provided in Paragraph(s)8 or 9.
8.Modification.The terms and conditions of this Agreement may be
modified upon the mutual consent of both parties.Mutual consent will be
demonstrated by approval of each governing body of each party hereto.
-2-
22
No modification to this Agreement shall be effective and binding unless
and until it is reduced to writing and signed by duly authorized
representatives of both parties.
9.Termination.By the City of College Station or the City of San Marcos.
Agreement may be terminated at any time by the City of College Station or
the City of San Marcos with or without cause,upon thirty (30)days
written notice to the other party in accordance with Paragraph 12 herein.
10.Hold Harmless.The City of College Station and the City of San
Marcos agree to hold each other harmless from and against any and
all claims,losses,damages,causes of action,suits and liabilities of
every kind,including all expenses of litigation,court costs and
attorney's fees,for injury or death of any person,for damage to any
property,or for any breach of contract,arising out of or in connection
with the work done under this Agreement.
11.Invaliditv.If any provision of this Agreement shall be held to be invalid,
illegal,or unenforceable by a court or other tribunal of competent
jurisdiction,the validity,legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.The
parties shall use their best efforts to replace the respective provision or
provisions of this Agreement with legal terms and conditions
approximating the original intent of the parties.
12.Written Notice.Unless otherwise specified,written notice shall be
deemed to have been duly served if delivered in person or sent by certified
mail to the last business address as listed herein.
City of College Station:Finance Services -Purchasing Division
City of College Station
1101 Texas Ave.
P.O.Box 9960
College Station,Texas 77842
City of San Marcos:Finance -Purchasing Division
City of San Marcos
630 E.Hopkins
San Marcos,Texas 78666
13.Entire Aereement.It is understood that this Agreement contains the
entire agreement between the parties and supersedes any and all prior
agreements,arrangements,or understandings between the parties relating
to the subject matter.No oral understandings,statements,promises,or
inducements contrary to the terms of this Agreement exist.This
-3-
23
20.
21.
Agreement cannot be changed or terminated orally.No verbal agreement
or conversation with any officer,agent,or employee of any party before or
after the execution of this Agreement shall affect or modify any of the
terms or obligations hereunder.
14.Amendment.No Amendment to this Agreement shall be effective and
binding unless and until it is reduced to writing and signed by duly
authorized representatives of both parties.
15.Texas Law.This Agreement has been made under and shall be governed
by the laws ofthe State of Texas.
16.Place of Performance.Performance and all matters related thereto shall
be in Hays County,Texas,United States of America.
17.Authoritv to Enter Contract.Each party has the full power and
authority to enter into and perform this Agreement and the person signing
this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement.The persons executing this
Agreement hereby represent that they have authorization to sign on behalf
of their respective corporations.
18.Waiver.Failure of any party,at any time,to enforce a provision of this
Agreement,shall in no way constitute a waiver of that provision,nor in
any way affect the validity of this Agreement,any part hereof,or the right
of either party thereafter to enforce each and every provision hereof.No
term of this Agreement shall be deemed waived or breach excused unless
the waiver is in writing and signed by the party claiming to have waived.
Furthermore,any consent to or waiver of a breach will not constitute
consent to or waiver of or excuse of any other different or subsequent
breach.
19.Aereement Read.The parties acknowledge that they have read,
understand and intend to be bound by the terms and conditions of this
Agreement.
Assienment.This Agreement and the rights and obligations contained
herein may not be assigned by any party without the prior written approval
of the other parties to this Agreement.
Multiple Orieinals.It is understood and agreed that this Agreement may
be executed in a number of identical counterparts,each of which shall be
deemed an original for all purposes.
-4-
24
City of College Station
BY:
,Mayor
DATE:
ATIEST:
CIty Secretary
,CIty Attorney
City of San Marcos
DATE February6:2008
-5-
25
March 27, 2008
Consent Agenda Item 2e
Contract Amendment for First Texas Group for Interim Police Chief Services
To: Glenn Brown, City Manager
From: Kathy Merrill, Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a contract
amendment bringing the total cost to $105,000 to First Texas Group for Interim Police Chief
services and extending the term of the contract through the end of May.
Recommendation(s): Staff recommends approval of the contract amendment.
Summary: A contract was entered in 2007 with the Texas First Group to provide an
Interim Police Chief while the search for a new Police Chief takes place. Chief Bobby
Whitmire has served in this position for the previous five months.
The contract amendment brings the total not to exceed amount to $105,000 for Interim
Police Chief services and extends the term of the contract through the end of May.
Budget & Financial Summary: To date approximately $35,000 has been spent for
professional services and $7,000 for any direct expenses incurred in connection with
providing the services performed for the City. These amounts have been provided out of the
Police Department budget.
Attachments:
1. Contract amendment will be provided to Council prior to the meeting
26
March 27, 2008
Consent Agenda 2f
Project Number GG0402
Furniture for the Police Department Renovations
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
furniture purchases for the newly renovated Police Department. Furniture purchases will be
made through the TxMAS contract (state contract) to Wilton’s Office Works in the amount of
$200,000.
Recommendation(s): Staff recommends that the furniture be purchased off the TxMAS
contract through Wilton’s Office Works in an amount not to exceed $200,000.
Summary: The renovations of the Police Department will be completed in 5 separate
phases. Purchases for furniture will be made as each phase nears completion. The first
phase is almost complete and $36,810 of furniture has been ordered and is expected for
delivery for Phase I of the renovation project. Another $163,190 is anticipated for the
remaining furniture purchases for future construction phases. Total expenditures will not
exceed $200,000. Furniture contract pricing sheets available in City Secretary’s Office.
Budget & Financial Summary: Funds are available and budgeted within the General
Government Capital Improvements Project Fund as part of the Police Department
Renovations Project (GG0402). The project has a total budget of $3,686,000.
A total of $2,733,576.95 has been expended or committed to date for design and
construction of the project, leaving a balance of $952,423.05. The furniture will be
purchased from the balance of the project, and is not expected to exceed $200,000.
Substantial completion for the project is October 22, 2008.
Attachments:
None
27
March 27, 2008
Consent Agenda Item 2g
Change Order No. 1 to Contract 06-277
Corsair Drive (AMS Road) Extension Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capitol Projects
Agenda Caption: Presentation, possible action, and discussion to approve a change
order for the Corsair Drive (AMS Road) extension project and the expenditure of funds.
Recommendation(s): Staff recommends approval of Change Order No. 1 to Contract 06-
277 with LAN Walton. for the Corsair Drive (AMS Road) Extension Project in the amount of
$4,930.00.
Summary: The change order includes the cost for additional survey fees to support the
easement acquisition process, and engineering fees associated revisions to the proposed
storm sewer.
Budget & Financial Summary: The current project budget is $329,000. Funds in the
amount of $70,322.27 have been expended or committed to date, leaving a balance of
$258,677.73. Change Order No. 1 will increase the contract amount by $4,930.00 for a
revised contract total of $59,770.00.
Attachments:
1. Change Order
2. Location Map
28
29
30
March 27, 2008
Consent Agenda Item 2h
Harvey Road Improvements
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on an Advance Funding
Agreement (AFA) with the Texas Department of Transportation (TxDOT) to construct, as
part of the Texas Avenue widening project, capacity improvements to Harvey Road (SH 30)
between Texas Avenue and George Bush Drive East in an amount not to exceed $84,174.
Recommendation(s): Staff recommends approval of the AFA.
Summary: The Texas Department of Transportation approached city staff regarding
participation in paying for improvements to Harvey Road between Texas Avenue and George
Bush Drive East. The improvements include constructing an additional eastbound travel
lane on Harvey Road. This widening of Harvey Road will allow the eastbound left turn lane
into the adjacent development to be lengthened, thus reducing potential congestion in the
area by removing the turning traffic from the through travel lanes.
TxDOT feels strongly that the capacity improvements on Harvey Road are needed and will
help prevent crashes and congestion in the future. As a result TxDOT has agreed to pay for
half of the costs of these improvements.
Budget & Financial Summary: The City's portion of this project will not exceed
$84,174. Funds for this project will be transferred from the Traffic Management Improvement
funds approved in 1998. Traffic Management Improvements projects are budgeted in the
Streets Capital Improvement Projects Fund.
Attachments:
1. AFA
2. Improvement Plan
31
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
AFA-AFA_VolTIP Revised 12/10/07
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the “State”, and the City of College Station,
acting by and through its duly authorized officials, hereinafter called the “Local Government.”
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Numbers 001111, 108087, 108410, 108812 and 109460
authorize the State to undertake and complete a highway improvement generally described as the
widening of a non-freeway facility consisting of grading, structures, concrete pavement, signals and
illumination; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding that portion of the improvement described as the
construction of an additional travel lane on SH 30 (Harvey Road). This work will be added to the
existing contract in order to facilitate left turns and reduce congestion at this intersection, hereinafter
called the “Project"; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State
and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all parties or
unless terminated, as hereinafter provided.
Page 1 of 6
32
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
AFA-AFA_VolTIP Revised 12/10/07
Article 2. Project Funding and Work Responsibilities
The State will authorize the performance of only those Project items of work which the Local
Government has requested and has agreed to pay for as described in Attachment A, Payment
Provision and Work Responsibilities, which is attached to and made a part of this contract.
In addition to identifying those items of work paid for by payments to the State, Attachment A,
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Local
Government at no cost to the State.
This work will be added by change order to the existing highway improvement project referenced
above. The State will provide the Local Government with a detailed estimate of the engineering and
construction costs to be incurred. Prior to the State authorizing the contractor to begin this work, the
State must receive the Local Government’s payment for its financial participation in the total cost of
the Project.
Whenever funds are paid by the Local Government to the State under this Agreement, the Local
Government shall remit a check or warrant made payable to the "Texas Department of Transportation
Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be
managed by the State. Funds in the escrow account may only be applied by the State to the Project.
Article 3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perform any activities required to
execute the work.
Article 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well as the acts
and deeds of its contractors, employees, representatives, and agents.
Article 6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes, specifications,
contract provision requirements and related documentation in a Microsoft® Word or similar document.
If requested by the State, the Local Government will use the State's document template. The Local
Government shall also provide a detailed construction time estimate including types of activities and
month in the format required by the State. This requirement applies whether the local government
creates the documents with its own forces or by hiring a consultant or professional provider.
Page 2 of 6
Article 7. Interest
33
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
AFA-AFA_VolTIP Revised 12/10/07
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury.
Article 8. Inspection and Conduct of Work
Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities,
to this contract, the State will supervise and inspect all work performed hereunder and provide such
engineering inspection and testing services as may be required to ensure that the Project is
accomplished in accordance with the approved plans and specifications. All correspondence and
instructions to the contractor performing the work will be the sole responsibility of the State. Unless
otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance
with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges
adopted by the State and incorporated herein by reference, or special specifications approved by the
State.
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for performance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
Government shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If
this is a fixed price agreement as specified in Attachment A, Payment Provision and Work
Responsibilities, this provision shall only apply in the event changed site conditions are discovered or
as mutually agreed upon by the State and the Local Government.
If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage facility
requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed
changes, including but not limited to plats or replats, result in increased costs, then any increased
costs associated with the ordinances or changes will be paid by the local government. The cost of
providing right of way acquired by the State shall mean the total expenses in acquiring the property
interests either through negotiations or eminent domain proceedings, including but not limited to
expenses related to relocation, removal, and adjustment of eligible utilities.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
Page 3 of 6
Article 11. Termination
This agreement may be terminated in the following manner:
34
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
AFA-AFA_VolTIP Revised 12/10/07
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other party to fulfill the obligations set forth herein;
♦ by the State if it determines that the performance of the Project is not in the best interest of the
State.
♦ by the Local Government if the cost for completion of the Project exceeds the amount for such
Project as described in Attachment A.
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due to the Local Government, the State, or the Federal Government will be promptly paid by
the owing party.
Article 12. Notices
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
addressed to such party at the following addresses:
Local Government:
Mr. Glenn Brown
City Manager, City of College Station
P.O. Box 9960
College Station, Texas 77842-9960
State:
Mr. Bryan Alan Wood, P.E.
Bryan District Engineer
1300 North Texas Avenue
Bryan, Texas 77803-2760
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice of
the change to the other party. Either party may request in writing that such notices shall be delivered
personally or by certified U.S. mail and such request shall be honored and carried out by the other
party.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
Page 4 of 6
Article 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
35
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
AFA-AFA_VolTIP Revised 12/10/07
Article 16. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article 17. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on State right
of way, before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in
the amounts and types specified on the Certificate of Insurance for all persons and entities working
on State right of way. This coverage shall be maintained until all work on the State right of way is
complete. If coverage is not maintained, all work on State right of way shall cease immediately, and
the State may recover damages and all costs of completing the work.
Article 18. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party they represent.
Page 5 of 6
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
36
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
'THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
BY Date
District Engineer
'THE LOCAL GOVERNMENT
Name of the Local Government Citv of College Station
BY Date
Typed or Printed Name and Title Ben White, Mayor, Citv of College Station
ATTEST:
Connie Hooks, City Secretary
Date:
APPROVED:
City Manager
Date:
Date:
Chief Financial Officer
Date:
Page 6 of 6
Revised 1211 0107
37
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
AFA-AFA_VolTIP Revised 12/10/07
The Local Government and the State agree to construct an additional travel lane on SH 30 (Harvey
Road) at its intersection with BS 6-R (Texas Avenue) in order to facilitate left turns and reduce the
congestion at this intersection. This work will be constructed as part of the BS 6-R (Texas Avenue)
widening project. The Local Government’s total estimated participation in this Project is $84,174 and
includes construction items, construction engineering and contingencies. The Local Government and
State have estimated the project to be as follows:
Estimated Project Budget
Description
Total
Estimated
Cost
Federal
Participation
State
Participation
Local
Participation
% Cost % Cost % Cost
ESTIMATED CONSTRUCTION COSTS
Construction Cost for
SH 30 Widening $150,310 40% $60,124 10% $15,031 50% $75,155
TOTAL ESTIMATED
CONSTRUCTION COST $150,310 n/a $60,124 n/a $15,031 n/a $75,155
Direct State Costs
(includes construction
engineering and
contingencies estimated
at 12 percent of
construction cost)
$18,038 n/a $0 50% $9,019* 50% $9,019
Indirect State Costs (no
local participation
required except for
service projects)
N/A 0% N/A 0% N/A 0% N/A
TOTAL ESTIMATED COST $168,348 $60,124 $24,050 $84,174
* Calculated based on 12% of the combined total federal and state estimated construction cost.
It is further understood that the State will include only those construction items for the improvements
as requested and required by the Local Government. This is an estimate only; final participation
amounts will be based on actual charges to the Project.
The State and the Local Government shall be responsible for the maintenance of the state highway
system after completion of the Project in accordance with the Municipal Maintenance Agreement in
effect at the time the maintenance is required.
38
39
March 27, 2008
Consent Agenda Item 2i
Opticom and Enforcement Lights along Texas Avenue
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on an Advance Funding
Agreement (AFA) with the Texas Department of Transportation (TxDOT) to install, as part of
the Texas Avenue widening project, an opticom system and enforcement lights at the
signalized intersections of Texas Avenue for an amount not to exceed $8,717.
Recommendation(s): Staff recommends approval of the AFA in the amount of $8,717.
Summary: Staff has requested that TxDOT install an opticom system and enforcement
light at the signalized intersections of Texas Avenue as part of their project to widen Texas
Avenue. The opticom system detects emergency vehicles approaching the signal and
extends the green time to allow the vehicle to clear the intersection and reduce the
response time to the incident or hospital. The enforcement lights are utilized by the police
department when monitoring a signalized intersection.
Prior to the beginning of the project to widen Texas Avenue, the city utilized an opticom
system and enforcement lights at the signalized intersections of the roadway and during the
construction, the systems were removed. Now the project is nearing completion and the
systems need to be reinstalled. Since the systems were installed prior to the beginning of
the project, TxDOT is paying for one-half of the installation costs.
Budget & Financial Summary: Funds for the installation of the opticom system and
enforcement lights will be taken from the Traffic Division’s Operation and Maintance Budget.
Attachments:
1. Advanced Funding Agreement
40
THESTATEOFTEXAS §
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
THE COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CON'rRIBUTIONS
TO TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State", and the City of College Station,
acting by and through its duly authorized officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, s201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Nurnbers 001 11 1, 108087, 10841 0, 10881 2 and 109460
authorize the State to undertake and coniplete a highway improvement generally described as the
widening of a non-freeway facilitv consisting of grading, structures, concrete pavement, signals and
illumination; and,
WHEREAS, the Local Government has requested that the State allow the Local Government to
participate in said improvement by funding a portion of the improvement described as the installation
of Opticom and Red Light Enforcement Equipment. The State will add these elements to the existing
contract, hereinafter called the "Project"; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the
State and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all parties or
unless terminated, as hereinafter provided.
Page 1 of 6
AFA-AFA-VolTI P Revised 1211 0107
41
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
Article 2. Project Funding and Work Responsibilities
The State will authorize the performance of only those Project items of work which the Local
Government has requested and has agreed to pay for as described in Attachment A, Payment
Provision and Work Responsibilities, which is attached to and made a part of this contract.
In addition to identifying those items of work paid for by payments to the State, Attachment A,
Payment Provision and Work Responsibilities, also specifies those Project items of work that are the
responsibility of the Local Government and will be carried out and completed by the Local
Government at no cost to the State.
This work will be added by change order to the existing highway improvement project referenced
above. The State will provide the Local Government with a detailed estimate of the engineering and
construction costs to be incurred. Prior to the State authorizing the contractor to begin this work, the
State must receive the Local Government's payment for its financial participation in the total cost of
the Project.
Whenever funds are paid by the Local Government to the State under this Agreement, the Local
Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow
account to be managed by the State. Funds in the escrow account may only be applied by the State
to the Project.
Article 3. Right of Access
If the Local Government is the owner of any part of the Project site, the Local Government shall
permit the State or its authorized representative access to the site to perform any activities required
to execute the work.
Article 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds as well as the
acts and deeds of its contractors, employees, representatives, and agents.
Article 6. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes, specifications,
contract provision requirements and related documentation in a Microsoft@ Word or similar
document.
If requested by the State, the Local Government will use the State's document template. The Local
Government shall also provide a detailed construction time estimate including types of activities and
month in the format required by the State. This requirement applies whether the local government
creates the documents with its own forces or by hiring a consultant or professional provider.
Page 2 of 6
Revised 1211 0107
42
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station')
Project: STP 2004(390)
Article 7. Interest
The State will not pay interest on funds provided by the Local Government. Funds provided by the
Local Government will be deposited into, and retained in, the State Treasury.
Article 8. Inspection and Conduct of Work
UI- less otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities,
to this contract, the State will supervise and inspect all work performed hereunder and provide such
engineering inspection and testing services as may be required to ensure that the Project is
accomplished in accordance with the approved plans and specifications. All correspondence and
instructions to the contractor performing the work will be the sole responsibility of the State. Unless
otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance
with the Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges adopted by the State and incorporated herein by reference, or special specifications
approved by the State.
Article 9. Increased Costs
In the event it is determined that the funding provided by the Local Government will be insufficient to
cover the State's cost for performance of the Local Government's requested work, the Local
Government will pay to the State the additional funds necessary to cover the anticipated additional
cost. The State shall send the Local Government a written notification stating the amount of
additional funding needed and stating the reasons for the needed additional funds. The Local
Government shall pay the funds to the State within 30 days of the written notification, unless
otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the
additional funds, this contract shall be mutually terminated in accord with Article I1 - Termination. If
this is a fixed price agreement as specified in Attachment A, Payment Provision and Work
Responsibilities, this provision shall only apply in the event changed site conditions are discovered or
as mutually qgreed upon by the State and the Local Government.
If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage facility
requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed
changes, including but not limited to plats or replats, result in increased costs, then any increased
costs associated with the ordinances or changes will be paid by the local government. The cost of
providing right of way acquired by the State shall mean the total expenses in acquiring the property
interests either through negotiations or eminent domain proceedings, including but not limited to
expenses related to relocation, removal, and adjustment of eligible utilities.
Article 10. Maintenance
Upon completion of the Project, the State will assume responsibility for the maintenance of the
completed Project unless otherwise specified in Attachment A to this agreement.
Page 3 of 6
Revised 1 211 0107
43
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
Article 11. Termination
This agreement may be terminated in the following manner:
+ by mutual written agreement and consent of both parties;
+ by either party upon the failure of the other party to fulfill the obligations set forth herein;
+ by the State if it determines that the performance of the Project is not in the best interest of the
State.
+ by the Local Government if the cost for cornpletion of the Project exceeds the amount for such
Project as described in Attachment A.
If the agreement is terminated in accordance with the above provisions, the Local Government will be
responsible for the payment of Project costs incurred by the State on behalf of the Local Government
up to the time of termination.
+ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due to the Local Government, the State, or the Federal Government will be promptly paid by
the owing party.
Article 12. Notices
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but only after a separate written consent of the parties),
addressed to such party at the following addresses:
Local Government:
Mr. Glenn Brown
City Manager, City of College Station
P.O. Box 9960
College Station, Texas 77842-9960
1 state:
Mr. Bryan Alan Wood, P.E.
Bryan District Engineer
1300 North Texas Avenue
Bryan, Texas 77803-2760
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice of
the change to the other party. Either party may request in writing that such notices shall be delivered
personally or by certified U.S. mail and such request shall be honored and carried out by the other
party.
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
Page 4 of 6
Revised 1211 0107
44
CSJ: 0050-0 1-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
Article 15. Amendments
By mutual written consent of the parties, this contract may be aniended prior to its expiration.
Article 16. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article 17. lnsurance
If this agreement authorizes the Local Government or its contractor to perform any work on State
right of way, before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of lnsurance verifying the existence of coverage
in the amounts and types specified on the Certificate of lnsurance for all persons and entities working
on State right of way. 'This coverage shall be maintained until all work on the State right of way is
complete. If coverage is not maintained, all work on State right of way shall cease immediately, and
the State may recover damages and all costs of completing the work.
Article 18. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party they represent.
Page 5 of 6
AFA-AFA-VolTIP Revised 1211 0107
45
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
THESTATEOFTEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
BY Date
District Engineer
'THE LOCAL GOVERNMENT
Narrle of the Local Governrrlent City of College Station
Typed or Printed Narrle and Title Ben White, Mayor, City of College Station
ATTEST:
Connie Hooks, City Secretary
Date:
APPROVED:
City Manager
Date:
Date:
Chief Financial Officer
Date:
Page 6 of 6
Revised 1211 0107
46
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
ATTACHMENT A
Payment Provision and Work Responsibilities
The Local Government requested the State allow it to participate in the BS 6-R highway improvement
project by participating in the installation of Opticom and Red Light Enforcement Equipment. The
State will add this work to the existing construction contract by change order. As part of this work,
the Local Government will furnish to the State the Opticom and Red Light Indicator equipment. The
cost of installing this equipment will be shared equally by the Local Government and the State. The
Local Government's total estimated participation in the installation of these items is $8,717 and
includes construction items, construction engineering and contingencies but does not include the cost
of the equipment furnished by the Local Government. The Local Government and State have
estimated the project to be as follows:
Equipment (furnished by
the Local Government
with the installation costs
TOTAL ESTIMATED
CONSTRUCTION COST
Page 1 of 2
Revised 1211 0107
47
CSJ: 0050-01-060
District: 17 (Bryan)
Code Chart 64: 09050 (College Station)
Project: STP 2004(390)
It is further understood that the State will include only those construction items for the improvements
as requested and required by the Local Government. This is an estimate only; final participation
amounts will be based on actual charges to the Project.
The State and the Local Government shall be responsible for the maintenance of the state highway
system after completion of the Project in accordance with the Municipal Maintenance Agreement in
effect at the time the maintenance is required.
Page 2 of 2
Revised 1211 0107
48
March 27, 2008
Consent Agenda Item 2j
Settlement Agreement with Machine Works, Inc.
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services.
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
a settlement agreement in the total amount of $333,749 to satisfy the court ordered
mediation between City of College Station and Machine Works, Inc.
Recommendation: Staff recommends Council approve this agreement.
Summary: Projected water demands make it necessary to transport additional water
supply from the Sandy Point Road well field area to the City of College Station before next
summer’s peak consumption period. Parallel Water Transmission Phase III is the final
phase of the 36” parallel water transmission line project and is approximately 22,000 feet in
length and will supply the City with the necessary water supply capacity to meet its future
water demand. This water line will cross the Machine Works, Inc. property owned by Mr.
David Weber (see attached map). The easement on this property was obtained at a
condemnation hearing, wherein the Judge ordered mediation to settle the question of
compensation for the large oak trees, potential business disruption, and replacement of a
concrete slab.
The mediation produced a settlement agreement for Council’s consideration that includes
the following items totaling $333,749:
· $310,749 to bore under the trees and driveways, rather than open trench
· $20,000 to not replace the concrete slab, but simply plant grass
· $3,000 for moving the stored items on the concrete slab to give us access
By boring under the trees, it maximizes their chances for survival. The City expressly does
not guarantee the trees will live, and is not liable if any of the trees die. By boring under
both driveways, it eliminates the potential for business disruption. The boring will be
accomplished by change order #1 to contract 07-229 to Brazos Valley Services, which is a
separate agenda item for Council’s consideration.
Other compensation payments directed by the mediation include $20,000 to Mr. Weber for
loss of a portion of his storage area on the concrete pad, which is a benefit to the City for
future maintenance, since our water line will be covered with grass rather than concrete.
Also, the City will pay $3,000 to KBS Electric (Mr. Weber’s tenant) for moving transformers
in the storage area that must be relocated out of the construction zone.
This agreement allows the construction project to proceed, and is the final legal action
required by this project. Staff recommends approval.
Budget & Financial Summary: This settlement agreement requires an additional transfer
to the Parallel Transmission Line CIP in the amount of $374,000 to be taken from the
Parallel Wellfield Collection Line CIP, which has been deferred to FY-09. These funds will be
requested back in the FY-09 budget process.
Attachment:
Settlement Agreement
Map
49
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Phase 3 (Proposed)Machine Works Property
CS City Limits
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March 27, 2008
Consent Agenda Item 2k
Change Order #1 Parallel Water Transmission Line
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services.
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
Change Order #1, in the amount of $310,749 to satisfy the court ordered mediation
between City of College Station and Machine Works, Inc.
Recommendation: Staff recommends Council approve this change order.
Summary: Projected water demands make it necessary to transport additional water
supply from the Sandy Point Road well field production area to the City of College Station
before next summer’s peak consumption period. Parallel Water Transmission Phase III is
the final phase of the 36” parallel water transmission line project and is approximately
22,000 feet in length and will supply the City with the necessary water supply capacity to
meet its future water demand.
As a result of the condemnation hearing of the Machine Works, Inc property owned by Mr.
David Weber, the court ordered a mediation hearing to resolve the dispute of protecting the
large oak trees located within the Utility easement. Mediation proceedings resulted in
additional directional boring to avoid open trenching (which would damage the landscape)
and also minimizes business disruption. Change order #1 to contract 07-229 to Brazos
Valley Services, for the additional boring construction is in the amount of $310,749, which is
5.6% of the original construction contract of $5,521,133.50.
This change order allows the construction project to proceed in accordance with the Court
order, and is the final legal action required by this project. Staff recommends approval.
Please note, the Mediated Settlement Agreement is a separate City Council agenda item,
which is also being recommended for approval.
Budget & Financial Summary: Funds are budgeted and available in the Water CIP Fund,
as described on the coversheet for the Settlement Agreement.
Attachments:
Change Order #1
56
57
March 27, 2008
Consent Agenda Item 2L
Resolution of Condolences to Congressman Chet Edwards
To: Glenn Brown, City Manager
From: Kathy Merrill, Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a resolution of
condolences to Congressman Chet Edwards on the passing of his father.
Recommendation(s): Staff recommends approval of the resolution.
Summary: This item was requested by the Council at its March 13 meeting as a result of
the Washington, D.C. Trip Update.
Budget & Financial Summary: N/A
Attachments:
1. Resolution will be provided to Council prior to the meeting
58
March 27, 2008
Regular Agenda Item 1
Resolution Establishing the Sale Prices of Grave Spaces
in the College Station Municipal Cemeteries
To: Glenn Brown, City Manager
From: Warren Struss, Interim Director Parks and Recreation Department
Agenda Caption: A Resolution of the City Council of College Station, Texas, establishing the sale price
of grave spaces in the College Station municipal cemeteries.
Recommendation(s): Staff recommends approval of establishing the sale price of grave spaces in the
College Station municipal cemeteries as follows:
College Station Municipal Cemetery
Standard space $600.00
Cremate space $250.00
Infant space $100.00
Memorial Cemetery of College Station
Municipal sections
Standard space $950.00
Columbaria niche $600.00
Infant space $150.00
Aggie Field of Honor
Standard space $1,950.00 (effective from the date of passage of the Resolution)
$2,000.00 (effective October 1, 2008)
Columbaria niche $1,200.00
In addition, this item was considered by the Cemetery Advisory Committee during the March 19, 2008
meeting. The Cemetery Advisory Committee made the same recommendation to the College Station City
Council. This recommendation was a 6 to 0 vote, 6 of 9 members present.
Summary: The proposed Resolution establishes the sale price of grave spaces for the College Station
Cemetery and the Memorial Cemetery of College Station. This Resolution is necessary to allow inclusion
of the space prices for the Memorial Cemetery of College Station. The proposed Resolution also includes
language for the space type, price structure, and utilization for funds for the Memorial Cemetery of
College Station. There are no proposed changes for the current space price structure and proceed
utilization for the College Station Cemetery that were last adopted with Resolution #08-09-2001-11.06.
Budget & Financial Summary: For the College Station Cemetery, 100% of the funds generated by the
sale of spaces goes to the College Station Cemetery Endowment Fund (Resolution # 04-25-96-3-B,
amended by Resolution #02-14-2008-2-L).
Funds generated from space sales within the Memorial Cemetery of College Station have the following
proposed utilization. Thirty-three percent (33%) of the sale price of space will go to the Memorial
Cemetery Endowment Fund as established by Resolution #02-14-2008-2-M. The remaining 67% of the
sale price will be utilized for: 1) debt retirement associated with land acquisition, design, and construction
costs of Phase I of the Memorial Cemetery; 2) building of a capital improvement fund for the Memorial
Cemetery of College Station for development of future phases of that facility; and 3) assisting with
operations and maintenance costs for the municipal cemetery system that includes both current municipal
cemeteries.
Attachments:
1) Cemetery Space Price Resolution
2) Cemetery Pro Forma
59
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING AND ESTABLISHING THE SALE PRICE OF CEMETERY SPACES
IN THE COLLEGE STATION CEMETERY AND THE MEMORIAL CEMETERY OF
COLLEGE STATION, AUTHORIZING THE MAYOR TO EXECUTE WARRANTY DEEDS,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of College Station, Texas, owns and has within its boundaries a tract known
as the College Station Cemetery located at 2580 Texas Avenue South, a plat of which is filed in
the Deed Records of Brazos County, Texas; and owns and has within its boundaries a tract
known as the Memorial Cemetery of College Station located at 3800 Raymond Stotzer Parkway,
a plat of which is filed in the Deed Records of Brazos County, Texas; and
WHEREAS, the City Council of the City of College Station, Texas, has established Rules and
Regulations governing the College Station Cemetery and the Memorial Cemetery of College
Station, being Chapter 1, Section 29 of the Code of Ordinances of the City of College Station,
and, furthermore, has authorized the sale and conveyance of certain parcels of land designated and
described as cemetery spaces; now; therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council of the City of College Station, Texas, establishes the
following fees for the sale of property within the College Station Cemetery:
1. Each single space, approximately five feet (5') by ten feet (10'), shall be Six
Hundred Dollars ($600.00).
2. Each single infant space, approximately four feet (4') by five feet (5'), shall
be One Hundred Dollars ($100.00).
3. Each single cremate space, approximately two and one half feet (2- 1/2') by
two and one half feet (2-1/2'), shall be Two Hundred and Fifty Dollars
($250.00).
PART 2 Funds generated from space sales within College Station Cemetery shall have the
following utilization:
1. 100% of the proceeds from the sale of lots shall be placed in the
Endowment Fund for the College Station Cemetery for the future care,
maintenance, operations, and improvements to the cemetery.
60
RESOLUTION NO. ______________ Page 2
PART 3: That the City Council of the City of College Station, Texas, establishes the
following fees for the sale of property within the Memorial Cemetery of College
Station:
1. Municipal Sections:
a. Each single standard space, approximately four feet (4') by nine feet (9'),
shall be Nine Hundred Fifty Dollars ($950.00).
b. Each single infant space, approximately four feet (4') by four and one
half feet (4 1/2'), shall be One Hundred Fifty Dollars ($150.00).
c. Each columbaria niche, approximately twelve inches (12") by twelve
inches (12") by twelve inches (12"), shall be Six Hundred Dollars
($600.00).
2. Aggie Field of Honor Sections:
a. Each single standard space, approximately four feet (4') by nine feet (9'),
shall be One Thousand Nine Hundred Fifty Dollars ($1,950.00) through
September 30, 2008.
b. Each single standard space, approximately four feet (4') by nine feet (9'),
shall be Two Thousand Dollars ($2,000.00) effective October 1, 2008.
c. Each columbaria niche, approximately twelve inches (12") by twelve
inches (12") by twelve inches (12"), shall be Twelve Hundred Dollars
($1,200.00).
PART 4 Funds generated from space sales within the Memorial Cemetery of College
Station shall have the following utilization.
1. 33% of the proceeds from the sale of lots shall be placed in the Endowment
Fund for the Memorial Cemetery of College Station for the future care,
maintenance, operations, and improvements to such cemetery.
2. 67% of the proceeds from the sale of lots shall be used for debt retirement
associated with land costs for the cemetery, capital improvements for the
cemetery, and any and all other purposes as determined by the City in
adoption of its budget.
PART 5: In addition to the above fees, the Purchaser shall pay all filing fees required by
Brazos County in order to officially effect the transfer of ownership of the
property.
61
RESOLUTION NO. ______________ Page 3
PART 6: The City Council of the City of College Station, Texas, delegates to the Mayor the
authority to execute, as necessary, Warranty Deeds consummating the sale and
conveyance of each parcel of land in the College Station Cemetery per the above
price schedule; each Warranty Deed so issued shall be signed by the Mayor and
delivered to the Purchaser by the City Secretary after all terms and conditions of
the sale have been met, including full payment of all the above-referenced fees, as
applicable, and acceptance of the agreement in full by both parties.
PART 7: That this resolution shall take effect immediately from and after its passage.
ADOPTED this _________ day of _________________________, A.D. 2008.
ATTEST: APPROVED:
_______________________________ ___________________________________
City Secretary Mayor
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
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63
March 27, 2008
Regular Agenda Item 2
A Resolution approving Construction Contract #08-116 for the construction of
Phase I of the Memorial Cemetery of College Station, a Resolution
Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt,
and a Contingency Transfer.
To: Glenn Brown, City Manager
From: Warren Struss, Interim Director, Parks and Recreation Department
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
awarding the bid and approval of a construction contract (Contract Number #08-116) with
Acklam Construction Company in the amount of $7,072,579.00 (Base bid plus Alternate
#11) for the construction of Phase I of the Memorial Cemetery of College Station; approval
of a resolution declaring intention to reimburse certain expenditures with proceeds from
debt; and approval of a contingency transfer in the Water Capital Improvement Projects
Fund to pay for the Water portion of the project.
Recommendation(s): Staff received direction from City Council on March 13, 2008, to
proceed with the bids received for the construction of Phase I of the Memorial Cemetery of
College Station. Council further directed staff to utilize the lowest responsible base bid
received with the addition of Alternate #11. The lowest responsible base bid received was
from Acklam Construction Company in the amount of $7,040,029.00. Acklam's Bid
Alternate #11 is in the amount of $32,550.00. This results in a total contract amount of
$7,072,579.00.
Staff also recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt. Also, contingency transfers greater than $15,000
require Council approval. Staff recommends approval of a transfer of Water Capital
contingency within the Water Capital Improvement Projects Fund to pay for the Water
portion of the project.
Summary: This construction contract will construct Phase I of the Memorial Cemetery of
College Station that will include: the entryway, fencing, road system, utilities, landscaping,
a committal shelter and an information building, the Aggie filed of Honor 'Spirit Gate', and
will provide approximately 6,000 standard spaces, 220 infant spaces, and 1,224
columbarium niches located in four columbaria. In addition, several existing structures and
concrete slabs will be removed from the site; site work completed for drainage; and
relocation/extension of water and electrical service lines.
Budget & Financial Summary: Five (5) sealed, competitive bids were received and
opened on February 26, 2008. The bid summary is attached. The current budget for this
project is $7,950,000. Funds in the amount of $2,189,016 have been expended or
committed to date, leaving a balance of $5,760,984, which is budgeted and available in the
General Government Capital Improvement Projects Fund. The construction bid proposed
exceeds the funds available. Partial funding has previously been accomplished through the
issuance of Certificates of Obligation, and additional Certificates of Obligation will be issued
for the balance of required funding. In addition, Water Services will pay for a portion of the
water component of the project (estimated at $120,000). This portion of the project is being
installed for future water extension and it is anticipated that contingency funds budgeted in
the Water Capital Improvement Projects Fund will be used to pay for this portion of the
project. If approved, appropriations in the amount of $1,340,000 will be included on a
64
future FY08 budget amendment, and the new project budget will be $9,290,000. The
“Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt” is necessary for this item because a portion of the long term debt has not been issued
for the project. This debt is scheduled to be issued later this fiscal year.
Attachments:
1) Bid Tabulation Sheet - Bid #08-36
2) Memorial Cemetery Phase I Construction Contract Resolution
3) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt
4) Contingency Transfer Form
65
CITY MEMORIAL CEMETERY AND AGGIE FIELD OF HONOR
BID TABULATION 08-36
PARKS RECREATION
Item Est.Unit Unit Item Unit Item Unit Item
No.Quan.Meas.Description Price Total Price Total Price Total
1 1 LS
Labor, service, materials etc. for construction of cemetery & Aggie Field of
Honor $6,734,700.00 $6,734,700.00 $7,053,426.00 $7,444,141.00
Water Main Items
1 2,393 LF 8" PVC waterline, compl. in place $18.00 $43,074.00 $25.00 $59,825.00 $24.44 $58,484.92
2 78 LF 8" PVC structural waterline, compl, in place $23.00 $1,794.00 $35.00 $2,730.00 $31.86 $2,485.08
3 78 LF 16" steel casing, compl. In place $90.00 $7,020.00 $100.00 $7,800.00 $97.86 $7,633.08
4 971 LF 6" PVC waterline, compl. in place $15.00 $14,565.00 $22.00 $21,362.00 $22.29 $21,643.59
5 29 LF 6" PVC structural waterline, compl. in place $25.00 $725.00 $28.00 $812.00 $31.56 $915.24
6 3 EA 6" fire hydrant assembly compl. In place $3,500.00 $10,500.00 $3,300.00 $9,900.00 $2,966.19 $8,898.57
7 3 EA 8" gate valve, compl. in place $1,200.00 $3,600.00 $935.00 $2,805.00 $1,061.41 $3,184.23
8 4 EA 6" gate valve, compl. In place $1,000.00 $4,000.00 $715.00 $2,860.00 $962.61 $3,850.44
9 1 EA 10"x8" reducer, compl. In place $500.00 $500.00 $330.00 $330.00 $250.00 $250.00
10 1 LS Various bends, plugs, tees $90,000.00 $90,000.00 $5,500.00 $5,500.00 $7,923.16 $7,923.16
Total Water Main Items $175,778.00 $113,924.00 $115,268.31
Underground Electrical Distribution Items
1 4,798 LF 2" PVC schedule 40 conduit, in place $5.00 $23,990.00 $2.85 $13,674.30 $4.09 $19,623.82
2 9,596 LF 4" PVC schedule 40 conduit, in place $6.75 $64,773.00 $4.85 $46,540.60 $5.51 $52,873.96
3 2,399 LF 6" PVC schedule 40 conduit, in place $12.00 $28,788.00 $8.45 $20,271.55 $11.88 $28,500.12
4 6 EA Pull Box $1,500.00 $9,000.00 $325.00 $1,950.00 $361.00 $2,166.00
5 1 EA Transformer Foundation $3,000.00 $3,000.00 $500.00 $500.00 $700.00 $700.00
Total Electrical Distribution Items $129,551.00 $82,936.45 $103,863.90
Total Base Proposal with Water & Electrical $7,040,029.00 $7,250,286.45 $7,663,273.21
Alternates
(Additional) Add Columbarium Wall B & associated niches to the AFOH
Columbarium $247,102.00 $355,047.00 $335,000.00
(Additional) Add Columbarium Wall B and associated niches to the City
Memorial Columbarium $247,102.00 $348,949.00 $330,000.00
(Additional) Add interim Columbarium with the City Memorial section meeting
the requirements of the interim columbarium in the plans $92,688.00 $169,105.00 $150,000.00
(Deduction) Deduct City Memorial Columbarium, including walls, niches,
planters, foundation, and amenities ($268,754.00)($379,146.00)($355,000.00)
(Deduction) Deduct third westernmost low separation wall (est. 413 lf),
located west of the City Memorial Loop Road ($96,092.00)($151,700.00)($146,000.00)Alternate 5
Alternate 1
Alternate 2
Alternate 3
Alternate 4
Acklam Construction Company JaCody, Inc.Imperial Construction, Ltd/
Page 166
CITY MEMORIAL CEMETERY AND AGGIE FIELD OF HONOR
BID TABULATION 08-36
PARKS RECREATION
(Deduction) Deduct Columbarium Wall A and niches to the Aggie Field of
Honor Columbarium. All other Columbarium items, excluding Columbarium
Wall B to be constructed per the plans and specs ($175,586.00)($275,788.00)($260,000.00)
(Additional) Add differential cost to furnish and install continuously reinforced
concrete roadway alternative for Entrance Road, Spirit Gate Loop Road, City
Memorial Loop Road, & Central Plaza Loop Road and include deduction for
HMAC Roadway Alternative $391,850.00 $184,993.00 $551,000.00
(Additional) Add, furnish and install additional 8' width continuously
reinforced concrete roadway (one side of Entrance Road only) and additional
8' of 18" reinforced Concrete pipe for the driveway $32,650.00 $10,167.00 $16,000.00
(Additional) Add, furnish and install additional 16' width continuously
reinforced concrete roadway (8' width each side of Entrance Road only) and
additional 16' of 18" reinforced concrete pipe for the driveway $64,900.00 $20,334.00 $29,000.00
(Additional) Add, furnish and install additional 8' width HMAC roadway (one
side of Entrance Road only) and additional 8' of 18" reinforced concrete pipe
for the driveway $16,275.00 $16,830.00 $27,800.00
(Additional) Add, furnish and install additional 16' width HMAC roadway (8'
width each side of Entrance Road only) and additional 16' of 18" reinforced
concrete pipe for the driveway $32,550.00 $33,660.00 $51,500.00
OTHER ADDITIONS TO THE WORK/UNIT PRICES
Furnish and Install Willow Oak tree (50 gal)Add $475.00 Deduct $400.00 $385.00 $450.00
Furnish and install Live Add $1,135.00 Deduct $975.00 $715.00 $780.00
Furnish and install Cedar Elm tree (45 gal)Add $475.00 Deduct $400.00 $363.00 $430.00
Furnish and install Wax Myrtle (15 gal)Add $110.00 Deduct $90.00 $94.00 $125.00
Furnish and install 20' wide asphalt roadway with 2' curbs on each side
constructed in accordance with the specifications and typical sections shown
in the plans for locations to be determined $87.50 $70.00 $77.00
Base Proposal $6,734,700.00 $7,053,426.00 $7,444,141.00
Water Main Items $175,778.00 $113,924.00 $115,268.31
Total Electrical Distribution Items $129,551.00 $82,936.45 $103,863.90
Total Base Proposal with Water and Electrical Distribution Utilities $7,040,029.00 $7,250,286.45 $7,663,273.21
Bid Certification Yes Yes Yes
Total Calendar Days to Substantial Completion 240 240 240
Bid Bond Yes Yes Yes
Addendums Acknowledged 4 4 4
Total with staff recommened adds/deducts:$6,624,835.00 $6,646,417.45 $7,103,773.21
Total with Committee Preference (base plus alternate 11):$7,072,579.00 $7,283,946.45 $7,714,773.21
Alternate 9
Alternate 10
Alternate 11
Alternate 6
Alternate 7
Alternate 8
Unit Price #5
Unit Price #1
Unit Price #2
Unit Price #3
Unit Price #4
Page 267
CITY MEMORIAL CEMETERY AND AGGIE FIELD OF HONOR
BID TABULATION 08-36
PARKS RECREATION
Item Est.Unit Unit Item Unit Item
No.Quan.Meas.Description Price Total Price Total
1 1 LS Labor, service, materials etc. for construction of cemetery & Aggie Field of $7,483,000.00 $8,400,000.00
Water Main Items
1 2,393 LF 8" PVC waterline, compl. in place $43.00 $102,899.00 $29.70 $71,072.10
2 78 LF 8" PVC structural waterline, compl, in place $83.00 $6,474.00 $51.66 $4,029.48
3 78 LF 16" steel casing, compl. In place $188.00 $14,664.00 $95.17 $7,423.26
4 971 LF 6" PVC waterline, compl. in place $35.00 $33,985.00 $24.94 $24,216.74
5 29 LF 6" PVC structural waterline, compl. in place $60.00 $1,740.00 $49.96 $1,448.84
6 3 EA 6" fire hydrant assembly compl. In place $3,480.00 $10,440.00 $3,003.57 $9,010.71
7 3 EA 8" gate valve, compl. in place $1,080.00 $3,240.00 $1,163.71 $3,491.13
8 4 EA 6" gate valve, compl. In place $720.00 $2,880.00 $849.11 $3,396.44
9 1 EA 10"x8" reducer, compl. In place $1,200.00 $1,200.00 $860.00 $860.00
10 1 LS Various bends, plugs, tees $5,700.00 $5,700.00 $9,000.00 $9,000.00
Total Water Main Items $183,222.00 $133,948.70
Underground Electrical Distribution Items
1 4,798 LF 2" PVC schedule 40 conduit, in place $6.00 $28,788.00 $6.00 $28,788.00
2 9,596 LF 4" PVC schedule 40 conduit, in place $7.00 $67,172.00 $8.00 $76,768.00
3 2,399 LF 6" PVC schedule 40 conduit, in place $15.00 $35,985.00 $15.00 $35,985.00
4 6 EA Pull Box $700.00 $4,200.00 $666.00 $3,996.00
5 1 EA Transformer Foundation $3,000.00 $3,000.00 $500.00 $500.00
Total Electrical Distribution Items $139,145.00 $146,037.00
Total Base Proposal with Water & Electrical $7,805,367.00 $8,679,985.70
Alternates
(Additional) Add Columbarium Wall B & associated niches to the AFOH
Columbarium $267,000.00 $360,000.00
(Additional) Add Columbarium Wall B and associated niches to the City
Memorial Columbarium $280,000.00 $370,000.00
(Additional) Add interim Columbarium with the City Memorial section meeting
the requirements of the interim columbarium in the plans $106,000.00 $380,000.00
(Deduction) Deduct City Memorial Columbarium, including walls, niches,
planters, foundation, and amenities ($400,000.00)($560,000.00)
(Deduction) Deduct third westernmost low separation wall (est. 413 lf),
located west of the City Memorial Loop Road ($180,000.00)($3,000.00)
Dudley Construction, Ltd.SpawGlass Civil Construction
Alternate 1
Alternate 2
Alternate 3
Alternate 4
Alternate 5
Page 368
CITY MEMORIAL CEMETERY AND AGGIE FIELD OF HONOR
BID TABULATION 08-36
PARKS RECREATION
(Deduction) Deduct Columbarium Wall A and niches to the Aggie Field of
Honor Columbarium. All other Columbarium items, excluding Columbarium
Wall B to be constructed per the plans and specs ($230,000.00)($150,000.00)
(Additional) Add differential cost to furnish and install continuously reinforced
concrete roadway alternative for Entrance Road, Spirit Gate Loop Road, City
Memorial Loop Road, & Central Plaza Loop Road and include deduction for
HMAC Roadway Alternative $590,000.00 $170,000.00
(Additional) Add, furnish and install additional 8' width continuously
reinforced concrete roadway (one side of Entrance Road only) and additional
8' of 18" reinforced Concrete pipe for the driveway $43,000.00 $40,000.00
(Additional) Add, furnish and install additional 16' width continuously
reinforced concrete roadway (8' width each side of Entrance Road only) and
additional 16' of 18" reinforced concrete pipe for the driveway $85,000.00 $65,000.00
(Additional) Add, furnish and install additional 8' width HMAC roadway (one
side of Entrance Road only) and additional 8' of 18" reinforced concrete pipe
for the driveway $20,000.00 $20,000.00
(Additional) Add, furnish and install additional 16' width HMAC roadway (8'
width each side of Entrance Road only) and additional 16' of 18" reinforced
concrete pipe for the driveway $39,000.00 $40,000.00
OTHER ADDITIONS TO THE WORK/UNIT PRICES
Furnish and Install Willow Oak tree (50 gal)$510.00 $550.00
Furnish and install Live $750.00 $800.00
Furnish and install Cedar Elm tree (45 gal)$510.00 $550.00
Furnish and install Wax Myrtle (15 gal)$114.00 $125.00
Furnish and install 20' wide asphalt roadway with 2' curbs on each side $100.00 $97.00
Base Proposal $7,483,000.00 $8,400,000.00
Water Main Items $183,222.00 $133,948.70
Total Electrical Distribution Items $139,145.00 $146,037.00
Total Base Proposal with Water and Electrical Distribution Utilities $7,805,367.00 $8,679,985.70
Bid Certification Yes Yes
Total Calendar Days to Substantial Completion 240 240
Bid Bond Yes Yes
Addendums Acknowledged 4 4
Total with staff recommened adds/deducts:$7,140,367.00 $8,386,985.70
Total with Committee Preference (base plus alternate 11):$7,844,367.00 $8,719,985.70
Alternate 9
Alternate 10
Alternate 6
Unit Price #4
Alternate 11
Unit Price #5
Unit Price #1
Unit Price #2
Unit Price #3
Alternate 7
Alternate 8
Page 469
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT, #08-116, FOR CONSTRUCTION
OF PHASE ONE OF THE MEMORIAL CEMETERY OF COLLEGE STATION, PROJECT
NUMBER GG9905, AND AUTHORIZING THE EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction of Phase One
of the Memorial Cemetery of College Station; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that Acklam Construction Company is the
lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with Acklam Construction
Company, in the amount of $7,072,579.00 (composed of the base bid with
electrical and water items and the inclusion of Alternate #11) for the labor,
materials, and equipment required for the Construction of Phase One of the
Memorial Cemetery of College Station.
PART 3: That the funding for this contract shall be as budgeted from the General
Government Capital Improvement Projects Fund in the amount of $7,072,579.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this the 27th day of March 2008.
ATTEST: APPROVED:
CITY SECRETARY MAYOR
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
70
_________________________________
CITY ATTORNEY
71
72
73
74
REQUEST FOR CONTINGENCY TRANSFER
DATE: 3/27/08
FROM: CONTINGENCY ACCOUNT AMOUNT
212-9111-973-55-02 $120,000.00
TO: ACCOUNT NUMBER AMOUNT
212-9111-973-55-02 $120,000.00
JUSTIFICATION OF NEED FOR TRANSFER:
1. Why is this request of such an emergency nature that it must be made immediately?
As part of the construction of the new City Cemetery, a portion of the water line will be extended to
meet anticipated future service needs. Incorporating this extension into the New Cemetery project at
this point will be more cost effective and less disruptive than completing the extension at a later time
when the project is complete.
2. Why was the item not budgeted in the normal budgetary process?
Contingency funds are budgeted in the Water Capital Improvement Projects Fund for unforeseen
Water projects that arise throughout the year. A total of $150,000 in contingency funds has been
budgeted in the Water Capital Improvement Projects Fund for FY08.
3. Justification as to why the transfer cannot be made within the division or department?
Currently, there are no projects in the Water Capital Improvement Projects Fund from which a transfer
in this amount can be made.
Council Approval Required: Date Approved by Council:
Requested by : Budget Review:
Approved: Approved:
Department Head Budget Officer
Approved:
City Manager
75
March 27, 2008
Regular Agenda Item 3
Terry-Terry Unit, Well #2 - Oil and Gas Operations Permit
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, public hearing, discussion and possible action, regarding
an Oil and Gas Operations Permit for the Terry-Terry Unit, Well #2 as requested by the
operator, EnerVest Operating, LLC. of Houston, Texas.
Recommendation(s): Staff recommends approval of the permit as drafted with a
minimum of $25,000 security provided by the applicant. The applicant has complied with
the permitting requirements as outlined in Ordinance #1916.
Summary: The Terry-Terry Unit Well #2 is a 600 acre unit well located within the city
limits. The location of the drilling site is 728 feet south of Rock Prairie Road on City of
College Station property, next to Lick Creek Park. Based on the well’s location, it is classified
as a rural permitted well. A rural well means an area characterized by open space involving
a proposed drill site of not less than twenty-five (25) acres with no operations to be
conducted within one thousand feet (1,000') of a residence, hospital, or school.
There is an existing well next to the drilling site (Terry-Terry Unit, Well #1). This well was
permitted in 1992 and is being abandoned in accordance with the Texas Railroad
Commission and Ordinance #1916.
Access to the site will be from the existing private access drive coming off Rock Prairie
Road. The City of College Station Oil and Gas Ordinance #1916 requires that a $25,000
minimum security be established in order to assure compliance with the ordinance and
permit requirements. The Oil and Gas Application Fee of $2,000 has been paid.
The attached City Engineer’s Report was agreed upon by the Project Review Committee and
its findings are recommended to the Council for their consideration.
Budget & Financial Summary: N/A
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A – Application (Complete Application at City Engineer’s Office)
4. Exhibit B – Location Map
5. City Engineer Report to PRC
6. Draft Permit
76
77
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS
GRANTING AN OIL AND GAS RURAL PERMIT FOR THE TERRY-TERRY UNIT, WELL
NO. 2 NEAR ROCK PRAIRIE ROAD APPROXIMATELY 1.3 MILES EAST OF ROCK
PRAIRIE ROAD AND W.D. FITCH PARKWAY, AND LOCATED WITHIN THE CITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of College Station, Texas, has reviewed an application
for an Oil & Gas Rural Permit (“Permit”) submitted by Enervest Operating, LLC for the Terry-
Terry Unit, Well No. 2; and
WHEREAS, Council has reviewed the Project Review Committee report and other related
information relating to the afore-described proposed rural gas well located near Rock Prairie
Road approximately 1.3 miles east of Rock Prairie Road and W.D. Fitch Parkway, within the City
of College Station (the “City”); and
WHEREAS, pursuant to Chapter 4, Section 13.J Council is required to make certain findings and
determinations in granting a permit for an oil and gas operations located within the City; and
WHEREAS, the City Council of the City of College Station, Texas, now desires to make such
determinations and to grant such permit; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby acknowledges receipt of an application, Project
Review Committee report and other related information relating to an Oil and
Gas Rural Permit to Enervest Operating, LLC for the Terry-Terry Unit, Well No.
2 located near Rock Prairie Road approximately 1.3 miles east of Rock Prairie
Road and W.D. Fitch Parkway. A copy of such paperwork and the exact location
of said proposed well are attached hereto as exhibits “A” and “B”, respectively.
PART 2: That the City Council hereby makes the following determinations with respect to
said proposed Permit:
1. That the following amount and type of security instrument has been issued:
an irrevocable letter of credit in the amount of twenty-five thousand dollars
and no cents ($25,000) and as attached hereto as exhibit “C.”
2. That the operations proposed under the Permit are reasonable under the
circumstances and conditions prevailing in the area;
3. That the operations proposed under the Permit are consistent with the health,
safety, and welfare of the public when and if conducted in accordance with
the permit conditions to be imposed; and
4. That the impact upon adjacent property and the general public of operations
conducted in compliance with the Permit conditions are reasonable and
justified, balancing the following factors:
78
RESOLUTION NO. ______________ Page 2
(1) The right of the owner(s) of the mineral estate to explore,
develop, and produce the minerals.
(2) The availability of alternate drill sites, both presently and at
other times during the lease term.
(3) The date of acquisition by the various owners of the surface
and mineral estates.
PART 3: That based upon the above the City Council hereby grants said Permit and
authorizes the City Manager or his designee to take any and all reasonable action
to issue same.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
APPROVED:
______________________________________
MAYOR
ATTEST:
_______________________________
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
79
Application for Permit
TO CONDUCT OPERATIONS FOR THE DISCOVERY AND PRODUCTION
OF OIL, GAS, AND ASSOCIATED HYDROCARBONS
WITHIN THE CITY OF COLLEGE STATION, TEXAS
ENERVEST OPERATING, LLC
TERRY-TERRY #2
1. APPLICANT'S NAME AND ADDRESS
Enervest Operating, LLC
1001 Fannin Street, Suite 800
Houston, Texas 77002-6707
2. NAME AND ADDRESS OF DRILLING COMPANY
Nabors Drilling USA LP
515 West Greens Road, Suite 1000
Houston, Texas 77067
3. NAME AND ADDRESS OF OPERATOR
Enervest Operating, LLC
1001 Fannin Street, Suite 800
Houston, Texas 77002-6707
4. PROPOSED NAME OF WELL
TERRY-TERRY #2
5. PROPOSED DEPTH OF WELL
Enervest Operating, LLC intends to drill a grass roots well, the Terry-Terry #2
well and drill 4451.06'f downdip lateral (ST#Ol)to a depth of 10,300'f in the
Giddings Austin Field.
6. LOCATION AND DESCRIPTION OF ALL IMPROVMENTS AND STRUCTURES
WITHIN ONE THOUSAND (1000) FEET OF THE WELL
Please refer to attached Exhibit "A".
7. SITE PLAN OF PROPOSED OPERATION, SHOWING LOCATION OF ALL
IMPROVEMENTS AND EQUIPMENT
Please refer to attached Exhibit "B".
Terry - Terry #2 - Permit Application Page 1 of 4
80
Application for Permit
8. AREA MAP SHOWING PROPOSED TRANSPORTATION ROUTE AND ROADS FOR
EQUIPMENT, CHEMICALS, OR WASTE PRODUCTS USED OR PRODUCED BY
THE OIL OR GAS OPERATION, AND ALL NATURAL FEATURES OF THlS SlTE
Please refer to attached Exhibit "C".
9. DESCRIPTION OF TYPE, KIND, SIZE, AND AMOUNT OF MAJOR EQUIPMENT
USED BEFORE COMPLE'TION AND RE-WORKING
Please refer to attached Exhibit "D".
10. DESCRIPTION OF SURFACE EQUIPMENT AFTER DRILLING AND
COMPLETION
Please refer to attached Exhibit "A.
11. WELL SURFACE CASING AND CEMENTING PROGRAM
Please refer to attached Exhibit "E".
12. COPIES OF RAILROAD COMMISSION FORMS AND DRILLING PERMIT
Please refer to attached Exhibit "F".
13. SECURITY INSTRUMENT CONSISTING OF AN IRREVOCABLE LETTER OF
CREDIT, INDEMNITY BOND, OR CERTIFICATE OF DEPOSIT, AS REQUIRED
BY THlS ORDINANCE AND IN THE AMOUNT DETERMINED BY THE CITY
COLlNClL WITHIN 30 DAYS AFTER COUNCIL APPROVAL
Enervest Operating LLC is committed to providing the required security
instrument in the amount determined by the City Council within 30 days
after Council approval of this permit application.
14. NAME OF REPRESENTIVE WITH SUPERVISORY AUTHORITY OVER ALL OIL
OR GAS OPERATION SlTE AC'TIVI'TIES AND PHONE NUMBER WHERE HE
CAN BE REACHED TWENTY-FOUR (24) HOURS A DAY
Dean Broussard - Operations Superintendent
6933 N. US Hwy 77
La Grange, TX 78945
979-255-3048
Terry - Terry #2 - Permit Application Page 2 of 4
81
Application for Permit
15. LEGAL DESCRIP'TION OF THE PROPERTY TO BR USED FOR THE OIL OR
GAS OPERATION, THE PARCEL, AND THE PRODUCTION UNlT (PLAT
DESCRIPTION OR METES AND BOUND BEARINGS) AND NAME OF THE
GEOLOGIC FORMATION AS USED BY THE RAILROAD COMMISSION.
PROPERTY RECORDED BY PLAT SHOULD REFRENCE SUBDIVISION,
BLOCK AND LOT NUMBERS.
Legal description: 556.6.acres of land out of the S.W. Robertson Sur. A-202,
Brazos Co., Texas. Geologic formation: Giddings (Austin Chalk) 3.
16. MINERAL LESSEE NAME AND ADDRESS
Please refer to attached Exhibit "G".
17. SURFACE OWNER NAME AND ADDRESS
City of College Station
P.O. Box 9973
College Station, Texas 77842
18. NAME AND ADDRESS OF AN INDIVIDUAL REPRESENTING THE OWNER1
APPLICANT DESIGNED TO RECEIVE NOTICE
Fred Deitsch
615 E. Blue Bell Rd.
Brenham, Texas 77833
19. EVIDENCE OF INSURANCE INFORMATION AS REQUIRED BY ORDINANCE
NO. 191 6:
(a) Commercial general liability $500,000
(b) Automobile liability $500,000
(C) Workers' compensation $1 00,000 la )a
a. &~'#;A*T n'
20. SURVEY OF PRODUCTION UNlT AT A SCALE 1 PER 300 OR GREATER
BY A TEXAS CERTIFIED SURVEYOR INCLUDING:
(A) Lengths and bearings of all boundary lines for production
(B) Exact acreage of the production Unit
(C) Exact location of the well within production unit with distances of
a minimum of two adjacent boundary line of production unit
(D) Length of maximum diagonal within the production unit.
Please refer to attached Exhibit "I".
Terry - Terry #2 - Permit Application Page 3 of 4
82
A~~lication for Permit
21. OWNER AND ADDRESS OF EACH PARCEL OF PROPERTY WITHIN ONE
THOUSAND (1000) FEET OF THE PROPOSED DRILL SITE
22. COPIES OF ALL REPORTS REQUIRED BY THE DEPARTMENT OF WATER
RESOURCES AND COMMISSION
Please refer to attached Exhibit "K".
23. STATEMENT UNDER OATH SIGNED BY APPLICANT THAT THE
INFORMATION SUBMITTED IN THE APPLICATION IS TRUE AND CORRECT
"I, Lloyd Bruce, Operations Manager, Western Division, do hereby affirm that the
information submitted in and attached to the Application for Permit to Conduct
Operations for the Discover and Production of Oil, Gas and Associated
Hydrocarbons within the City of College Station, Texas, for the Application of
Permit, is true and correct."
Date: February 18,2008 /I
~loyd Bruce Operations Manager
Western Division
STATE OF TEXAS 9
COUNTY OF HARRIS 9
Sworn to and subscribed before me this 18th day of February, 2008, by the above
named Lloyd Bruce, who is personally known to me.
Given under my hand and seal this day and year last written above.
Notary Public in and for the State of Texas
24. INFORMATION FOR SEISMIC PERMITS
Not applicable.
Terry - Terry #2 - Permit Application Page 4 of 4
83
List of Exhibits
Enervest Operating, LLC
A. Response to ltem 6: Location and description of all current
improvements and structures within one thousand (1000) feet of
the well (Site Plan of Existing Drill Rig Site); and Response to
ltem 10: Description of surface equipment after drilling and
completion.
B. Response to ltem 7: Site Plan of proposed operation, showing
location of all improvements and equipment (Drilling Rig Layout)
C. Response to ltem 8: Area Map showing proposed transportation
route and roads for equipment, chemicals, or waste products ...
and all natural features of the site (Vicinity and Access Map)
D. Response to ltem 9: Description of type, kind, size, and amount
of major equipment used before completion and re-working.
(Equipment Inventory)
E. Response to ltem 11 : Well surface casing and cementing
program (Well Diagram)
F. Response to ltem 12: Railroad Commission Forms
G. Response to ltem 16: Mineral Lessees9 Names and Addresses
H. Response to ltem 19: Certificate of Insurance
I. Response to ltem 20: Survey of Production Unit at a Scale of 1
per 300 or greater
J. Response to ltem 21: Property Owners within 1000 feet
K. Response to ltem 22: Copies of all reports required by the
Department of Water Resources and Commission
(Texas Commission on Environmental Quality)
84
H: \Land Projects RS\SPEEDWAY WORLD\dwg\Exhibit TRY-TERRYP\Vinicity Map.dwg 1/29/2008 10: 14: 0 CST
I, & *. X
VINlClTY MAP
AND ACCESS PLAT
OF
TERRY-TERRY UNIT 11
EVERVEST OPERATING, L-L-C-
S. W. ROBERTSON SURVEY, A-202
COLLEGE STA-I-ION, BRAZOS COUNTY, TEXAS
SCALE: 1 "= 1 000' JANUARY, 2008
PREPARED BY:
- KLlNG ENGINEERING & SURVEYING
4101 TEXAS AV. + P.O. BOX 4234 + BRYAN-TEXAS + PH.979/846-6212
1' I
Wnicity Map XKF: SPDWAY-S.DWG KLlNG ENGINEERING & SURMYlNG SPEEDWAY WORD
RRYAN TFXA5
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OIL & GAS OPERATIONS PERMIT APPLICATION
CITY ENGINEER'S REPORT TO PLAN REVIEW COMMITTEE (PRC)
DATE: 3/06/09 CASE FILE NO. 08-400001
WELL NAME: Terry-Terry Well Unit #2
APPLICANT: EnerVest Management Partner, Ltd., Houston, Texas
DRILLING COMPANY: Nabors Drilling USA, LP, Houston, Texas
TYPE: Rural Classification, 1 each Vertical/Horizontal Wells
LOCATION: Surface - 728’ SSW of Rock Prairie Road, 527’ from lick Creek Park on City of College
Station property.
DEPTH: ST#01 4,451 feet Total Vertical Depth and 10,300 feet Measured Depth
ACCESS: From Rock Prairie Road on an existing access road which will be extend to reach well site.
REQUIRED PERMITS ISSUED: YES NO NOT REQUIRED
Texas Railroad Commission (Drilling Permit) X
TCEQ (Ground Water to be Protected) X
FAA (Hazard to Aviation Determination) X
Airport Zoning Board Height Variance X
Drainage Development Permit X
Driveway Access Permit X
Insurance Certificates X
RECOMMEND SECURITY FOR COMPLIANCE WITH PERMIT TERMS AND ORDINANCE:
A minimum of $25,000 is required for security by the ordinance.
GROUND WATER PROTECTION:
Water zones to be protected are from the surface to a depth of 100’ and from 1,000’ to 1300’ and form 2350
feet to 2600’. Well surface casing and cementing program indicates J-55 casing and cement from surface to
2700’. Ground water is protected.
FEES PAID: YES NO NOT REQUIRED REPORT COMPLETED
Application Fee X
Legal Consultant X
Technical Consultant X
OTHER CONSIDERATIONS:
There is an existing well near the site (Terry-Terry #1). The original well at the site has a casing problem and
will not be used to make re-entry to the oil/gas pool. Terry-Terry #1 will be plugged and abandon. The city is
in receipt of the plugging report.
Terry-Terry #2 will be located 227’ south of the old well. The well location is within 600’ of a park (527’). Well
previous well location was also within 600’ feet of a park. When Terry-Terry #1 was permitted a variance
was granted for the minimum distance of a well from a park. The variance was based upon the limited use
of the park by the public.
SCHEDULE FOR COUNCIL ACTION:
City Council Regular Meeting: Publish according to Rural Classification schedule for Public Hearing
and Council Action March 27, 2008.
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PRC SITE PLAN REVIEW
a. Alternate well location due to adjacent land uses.
The well site is within 600’ of Lick Creek Park. There was a previous well in the vicinity which was
issued a variance to the 600’ requirement due to the low usage of the park.
b. Air pollution control devices.
The drilling rig has industry standard air pollution control devices installed.
c. Noise control devices.
Drilling operation – standard muffles are installed on generators
Production operation – the pump jack will be electric operated
d. Type of pump engine.
Production operation – the pump jack will be electric operated
e. Height of pump equipment.
30 feet
f. Fire control measures, as required by this Ordinance.
“All fire suppression and prevention equipment required by Fire Department shall be provided by the permittee at
the drill site, at the permittee's own cost, and maintenance and upkeep shall be permittee's responsibility.”
EnerVest will provide industry standard fire control measures
g. Fence and/or visual screening, as required by this Ordinance.
“Fencing shall be in the PRC's discretion based upon the impact to adjacent areas.”
“Fencing may be required during the drilling operations and/or separate fencing may be required after completion
of the drilling operations.”
“A six foot (6') solid screen fence around the entire perimeter of the site may be required.”
“Any fence should be at least one hundred feet (100') from any well, equipment, or structure within the site, but
no closer than five hundred feet (500') to any residential property line.”
“All fencing shall be of a solid neutral color compatible with surrounding uses and shall be maintained in a neat,
orderly, secure condition. Neutral colors for fencing shall include unobtrusive shades of sand, grey, green, blue,
brown, or other colors approved by the PRC.”
“Upon completion of a well as a commercial producer, any apparatus used in the production of the well, including
pump jacks, shall be enclosed as to prevent any entry by unauthorized persons and to prevent well equipment
from being seen. The enclosure walls shall be solid and constructed with privacy fence materials and shall be
high enough to restrict the view of any well equipment including the pump jack. The enclosure shall remain
locked at all times unless the well is being serviced by the operator or its service companies.”
EnerVest is proposing an 8’ chain link fence with three strands of barbed wire at the top.
h. Landscaping, as required by this Ordinance.
“All sites in urban or high impact areas shall have landscaping.”
“Upon permit renewal, if the City Planner determines the impact of the area has changed from rural to high
impact or urban, screened fencing and landscaping shall be required within sixty (60) days.”
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There is no plan to landscape at this time.
i. Proof of contractual responsibilities of pump site and storage site maintenance.
Found noting in the ordinance that addresses this item
j. Safety procedures.
“After a high impact permit application is submitted, the City Engineer shall retain a Consultant to evaluate the
public impact of the proposed activity. Consultant shall study the application, proposed site, and proposed
operations or drilling program, and shall draft recommended restrictions or conditions to be appended to the
permit if issued, including minimum separation distance for drilling or other operations, maximum pressures for
anticipated operations, minimum test pressures for equipment, special safety equipment and procedures, and
prohibited operations or techniques. Consultant shall recommend noise reduction levels and screening where
deemed appropriate. The recommendation shall be completed and delivered to the City Engineer, the PRC, and
applicant within forty-five (45) days after the application is submitted. Applicant shall pay for the cost of
Consultant's study and recommendations prior to the public hearing.”
This well is classified rural
k. Special handling, storage, or disposal of sludge/waste.
Found nothing in the ordinance that addresses this item.
l. Hours of pumping operation.
“Site development other than drilling shall be conducted only between 7:00 a.m. and 7:00 p.m.”
No hours of operation are proposed.
m. Gas flaring.
“No person shall allow, cause, or permit gases vented into the atmosphere to be burned by open flame except as
allowed by law or permitted by the Commission.”
Gas flaring is not proposed for this site.
n. Location of storage facilities.
Storage tanks are on site.
o. Traffic loads or patterns, proposed street development, as required by this Ordinance, and
ingress/egress of vehicular traffic.
Ingress/egress will be via extension of existing access road.
p. Water source used during drilling operation.
On site water well will be drill by applicant
q. Full line location and route between the well head and storage facilities.
See application
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RURAL
OIL AND GAS PERMIT
ISSUED BY THE CITY OF COLLEGE STATION, TEXAS
PERMITTEE: EnerVest Management Partners, Ltd.
1001 Fannin Street, Suite 800
Houston, Texas 77002-6707
EXPIRATION DATE: March 28, 2009
WELL NAME: Terry-Terry Unit Well No. 2
PERMIT NO: 08-400001
REGULATION: The City Council of the City of College Station has determined that the testing
and exploration for and development, production and storage of oil, gas, and mineral
hydrocarbons (including enhanced or secondary recovery thereof) within the City limits is an
activity which necessitates reasonable regulations in order that such activities will not cause
injury or property damage to the citizens of the City, and that such activities should conform to the
comprehensive plan and zoning ordinances of the City as far as practicable in order to preserve
the integrity of said ordinances and regulations. The City recognizes that conflicting property
rights exist in the carrying out of such activities, and further recognizes the rights of all property
owners, minerals and otherwise, to the peaceable enjoyment of their property and the benefits
and revenues therefrom.
UNLAWFUL: It shall be unlawful to engage in any activity not permitted by the terms of this
permit and the applicable laws, or to fail to comply with any condition set forth in this permit.
PERMIT TERMS: This permit is issued in accordance with Ordinance No. 1916, Chapter 4
Section 13 of the Code of Ordinances of the City of College Station, Texas, and with applicable
ordinances, rules, regulations and laws of the City of College Station, the State of Texas and of
the United States of America and their respective agencies, commissions and regulatory bodies.
EnerVest Management Partners, Ltd. is hereby issued this Oil and Gas Permit, having posted a
Security Instrument in the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00), in
the form of irrevocable letter of credit or indemnity bond, or certificate of deposit as set forth in
Ordinance No. 1916, and required by action of the City Council.
Additional terms and conditions of the granting, issuance and continued effectiveness of this Oil
and Gas Permit follow:
89
I. ADMINISTRATIVE REQUIREMENTS:
Permittee shall comply with Permittee's Application for Permit to conduct operations for the
Discovery and Production of Oil, Gas and Associated Hydrocarbons within the City of College
Station, Texas except as modified by this permit.
Permittee shall comply will all applicable Ordinances, Rules, Regulations and Laws of the City of
College Station, the State of Texas, and of the United States of America and their respective
agencies, commissions, and regulatory bodies.
This permit is issued for a period of one (1) year. To continue oil and gas operations under this
permit, the operator shall submit an application for renewal no later than thirty (30) days before
the expiration of this permit.
The permittee shall maintain the security instrument and insurance required for issuance of this
permit in effect for the terms of this permit.
II. SITE DEVELOPMENT:
Site development other than drilling shall be conducted only between 7:00 a.m. and 7:00 p.m.
Access to the site shall be via private access road off Rock Prairie Road.
The access drive apron must have at a minimum, an asphalt surface from the street to the right-
of-way line that conforms to the minimum pavement design as described in the College Station
Standard Specifications for Street Construction.
The remainder of the access drive shall be surfaced with crushed rock, gravel, ore, or oiled and
maintained to prevent dust and mud. Drives shall be at least thirty feet (30) wide.
III. SCREENING AND LANDSCAPING:
Upon permit renewal, if the City Planner determines the impact of the area has changed from
rural to high impact or urban, screened fencing and landscaping shall be required within sixty (60)
days.
IV. DRILLING SITE REQUIREMENTS:
If the drilling site is not occupied by the applicant or drilling company during the entire drilling
period (24 hours/7days a week), security fencing will be required during drilling operations.
Permittee shall confine light and noise associated with exploration and production activities to the
site to the maximum extent possible.
No drilling or re-working shall occur within one hundred (100) feet of any oil storage tank, ignition
source or building.
90
Permittee shall comply with all Ordinances and Railroad Commission requirements pertaining to
flaring gas. In no event shall the flaring of gas exceed ninety (90) calendar days after completion
of the well. Further, Permittee shall install prior to entry into the target zone, a sufficient
separating device or system(s) (at least two in series) to ensure that gas, oil, other fluids and
solids are separated to a sufficient degree that the in the event the flaring of gas is necessary in
connection with the safe drilling and completion of the well (subject to the limitation set forth
herein), such flare shall, to the maximum extent possible, be clean burning and emit neither
noxious smoke nor odors. Permittee shall equip flare lines with smokeless flare ignition system.
The flare shall be directed away from existing trees to the maximum extent possible.
At the conclusion of any drilling or re-working operations, the drill site shall be cleaned within
forty-eight (48) hours of all equipment and machinery that is not needed to produce the well.
At the conclusion of the drilling operation all equipment, materials and constructed items shall be
removed from the area outside the production site. This area shall be returned to its original state
within thirty (30) days of the completion of the drilling operation.
Drilling mud, cuttings, oil, or liquid hydrocarbons and all other oil field waste derived or resulting
from or connected with the drilling, re-working, or deepening of any well shall be discharged into
portable steel tanks or a earth pits.
Upon completion of drilling operations waste materials stored in portable steel tanks shall be
removed from the site no later than thirty (30) days. Waste material stored in pits shall be
removed from the site and the liner shall be removed to the maximum extent practicable and the
pits shall be filled and leveled. Burning of sludge pits shall not be permitted.
V. PRODUCTION SITE REQUIREMENTS:
All discarded surplus materials, supplies, and refuge shall be removed from the operation site no
later than thirty (30) days after completion of drilling operation.
Permittee shall erect and maintain signs which identify the well by name, the operator, his
address and a 24 hr emergency contact telephone number at the well site and at the intersection
of the well site access road with the public street.
A Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted
at the entrance of the well site and tank battery.
The production site shall be enclosed by a chain-link fence. It shall have a gate which shall be
kept closed and locked except while occupied by Permittee, Permittee's personnel, Permittee's
agents/representatives, City Engineer/designate or the Fire Department. The fence shall not be
less than six (6) feet high and shall be topped with not less than three (3) strands of barbed wire.
Corner posts shall be anchored in concrete. The City Engineer shall be provided the combination
to the gate lock.
Only electric prime movers or motors shall be permitted for the purpose of pumping wells.
91
All production equipment on the site shall be painted and maintained at all times, including
pumping units, storage tanks, buildings and structures. Permittee shall paint pumping units,
storage tanks, and vessels a neutral color, or such other color scheme as may be approved by
the City Planner.
No person shall allow, cause, or permit gases vented into the atmosphere to be burned by open
flame except as allowed by law or permitted by the Commission.
Production and storage tanks shall be contained within earthen berms constructed in accordance
with applicable oil field practice. Berms shall be constructed and maintained to retain not less
than 133% of the capacity of the largest of such tanks.
VI. WELL SERVICING AND SITE MAINTENANCE:
Idle equipment will not be stored on the site. All well servicing equipment shall be removed from
the site within fifteen (15) days after completion of a well servicing operation.
After completion of well servicing or abandonment, Operator shall repair all damage to public
property caused by such servicing or abandonment operations.
All property on which an oil or gas operation occurs shall at all times be kept free of debris, pools
of oil, water or other liquids, weeds, brush, trash, or other waste material.
VII. ENVIRONMENTAL UPSETS:
After any leak, spill, or malfunction, the permittee shall remove or cause to be removed to the
satisfaction of the City Engineer, and Fire Department all oil and waste materials from property
affected by such spill, leak or malfunction.
In the event of the loss of control of any well or other oil and gas operation, (i.e., blowout, etc.)
the Operator shall immediately take all reasonable steps to regain control of such activity
regardless of any other provisions of this Ordinance and shall notify the City Engineer as soon as
practicable.
VIII. EMERGENCY SERVICES:
The permittee or his agent shall be responsible for providing primary fire fighting services.
The College Station Fire Department will provide emergency response and limited fire fighting
services.
IX. ACQUISITION AND TRANSFER OF EXISTING OPERATIONS
Transfer of the site operations by permittee or acquisition of operations at this site by another
party does not constitute transfer of this permit. The transferring party and acquiring party shall
notify the City Engineer in writing, within ten (10) days of the transfer or acquisition.
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X. SITE ABANDONMENT
Abandonment shall be approved by the City Engineer. For abandonment approval, the Operator
shall comply with all applicable sections City Ordinances.
XI. PERMIT SUSPENSION OR REVOCATION
The City Engineer may, in writing, suspend or revoke this permit as per City Ordinance.
CHECK LIST FOR ISSUANCE
The following items must have been received and on file with the City before this permit is issued:
Approved Drainage Development Permit: Not Required
Security instrument: $25,000.00
Certified Postage re-imbursement: $22.50
Public Notice re-imbursement: $85.99
Considered by City Council this 27 day of March ,2008
Issued this the day of , 2008
City Engineer Date
City Secretary Date Fire Marshall Date
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March 27, 2008
Regular Agenda Item 4
Update of Impact Fees 92-01, 97-01, 97-02B, and 99-01
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public hearing, presentation, possible action, and discussion on
consideration of an ordinance amending Chapter 15, “Impact Fees,” amending the land use
assumptions and capital improvements plan and the imposition of updated water and
wastewater impact fees in Service Areas 92-01, 97-01, 97-02B, and 99-01.
Recommendation(s): Staff recommends approval.
Summary: At the February 14, 2008 Council Meeting, the City Council approved a
resolution to set a public hearing for this meeting to evaluate impact fees and a proposal to
amend the associated land use assumptions and capital improvements plan as required by
state law every 5 years. If approved, this item will amend Chapter 15, “Impact Fees,” by
replacing Chapter 15 of the Code of Ordinances in its entirety with the attached, amended
Chapter 15. The affected impact fees are 92-01 (Graham Road – Sewer), 97-01 (Spring
Creek – Sewer), 97-02B (Alum Creek Sewer), and 99-01 (Harley Water). The “Water and
Wastewater Impact Fees” Report was prepared by our consultant Rimrock Consulting
Company. This report contains the technical data which is the basis for the 2005-2015 fee
calculation: land use and planning data, unit usage statistics and capital improvements
plan. Actual fee calculation is shown in Section 3.0 of the report, specifically note Tables 3-
2A through 6-3D. Current fees and proposed maximum fee calculated in the subject report
are provided below.
92-01
Graham Road
97-01
Spring Creek
97-02B
Alum Creek
99-01
Harley
Current Fee* $232.04 $349.55 $243.38 $550.00
Proposed Fee* $316.07 $98.39 $59.42 $769.91
* per Living Unit Equivalent (LUE)
A summary of the Water and Wastewater impact Fees Report is provided in the attached 5-
Year Update Report. Note the above “Proposed Fees” are the maximum fee allowed based
on the updated analysis, however Council may chose to enact fees less than the maximum.
Also note that the Planning and Zoning Commission serves as the Impact Fee Advisory
Committee as defined by ordinance. As attested to by the Chairman of the planning and
Zoning Commission on the attached 5-year Update Report, on February 21, 2008 the
Advisory Committee unanimously recommended the report be forwarded to City Council and
supported the information in the report to update the impact fees.
Budget & Financial Summary: This update proposes maximum fees for 97-01 and 97-
02B to be decreased from the current fees. By state law the fees cannot be greater than
the proposed fees. The future revenue expected to be recovered if the maximum fee is
adopted is $217,835.46 and $147,658.70, respectively. To date $472,764.66 and
$18,250.89 have been collected, respectively.
The proposed maximum fees for 92-01 and 99-01 however are increased from the current
fees. The future revenue expected to be recovered if the maximum fee is adopted is
$22,757.04 and $242,521.65, respectively. This would increase the recovery $6,050.16
and $69,271.65, respectively from the current fees. To date $309,628.59 and $7,789.15
have been collected, respectively.
94
Attachments:
1. Water and Wastewater Impact Fees Report (Available at City Engineer’s Office)
2. 5-Year Update Report Memo – Impact Fees 92-01, 97-01, 97-02B, and 99-01
3. Ordinance
95
1101 Texas Avenue South, P.O. Box 9960
College Station, Texas 77842
Phone 979.764.3570 1 Fax 979.764.3496
MEMORANDUM
DATE: February 21,2008
TO: Planning and Zoning Commission
FROM: Alan Gibbs, P.E., City Engineer M-
SUBJECT: 5-Year Update Report - lmpact Fees 92-01, 97-01, 97-02B, and 99-01
The City of College Station Ordinance Chapter 15, lmpact Fees, designates the
Planning and Zoning Commission as the Advisory Committee for review, advisement,
and monitol-ing of proposed and existing impact fees. More specifically, the advisory
committee is established to:
1. Advise and assist the City in adopting Land Use assumptions.
2. Review the Capital lmprovements Plan and file written comments.
3. Monitor and evaluate implementation of the Capital lrr~provements Plan.
4. File semi-annual reports with respect to the progress of the Capital
lmprovements Plan.
5. Advise the City Council of the need to update or revise the Land Use
Assumptions, Capital lmprovements Plan, and lmpact Fees.
Currently the City of College Station has five impact fees in existence. As noted in the
subject, this Update Report addresses four of the five impact fees. The remaining
impact fee 03-02 is addressed under separate, subsequent memorandum cover as a
Semi-Annual Report.
The following is a current status report for each of the four impact fees:
92-01 --Sanitarv Sewer (Graham Road ) ( 508 ac. ) $232.04lLUE
This fee was initially implemented in 1992 @ $152.18 ILUE and was revised in
1996 to $289.77lLUE after approval of updated Land use Assurrrptions and Capital
lmprovements Plan ( CIP ) and revised again to the current $232.04lLUE in 2000.
The CIP consists of three phases originally estimated at $543,000 which have all
96
been completed at a combined cost of $473,518.72. Fees collected to date total
$309,628.59.
97-01--Sanitan/ Sewer ( Sprina Creek ) ( 2000 ac.) $349.55/LUE
This fee was implemented in December 1997. The CIP consists of Phase I (east of
Hwy 6 ) and Phase II (west of Hwy 6 ). Phase I estimated to cost $1,000,000 was
completed in 1999 at a cost of $631,214.59. Phase ll is estimated to cost
$1,350,000 which was completed at a cost of $813,752.00. The total actual cost
was $1,444,966.59. To date $472,764.66 impact fees have been collected in this
area.
97-02B--Sanitan/ Sewer ( Alum Creek ) ( 608 ac. ) $243.38/LUE
This fee was implemented in December 1997. The CIP consisted of running a 15"
sanitary sewer line from the south end of the College Station Business Park
westerly along Alum Creek to the east ROW of Highway 6. The project was
estimated to cost $390,000 and was completed in 1999 at a cost of $214,270.87. At
the end of 2007 $18,250.89 in impact fees have been collected in this area.
99-01--Water ( Harlev )( 158 ac. ) $550.00/LUE
This fee was implemented in April 1999. The CIP consists of runnirrg an 18" water
line south along the east ROW of Highway 6 approximately 4800'. The line was
estimated to cost $312,000 (the impact fee is based on an 8" line @ $165,000 ). A
2400' section of the 18" line was constructed in 1999 from the south end at a total
cost of $342,977.73. To date $7,789.1 5 impact fees have been collected in this
area.
Attached is the "Water and Wastewater Impact Fees" report prepared by our consultant
Rimrock Consulting Company. This report contains the technical data which is the
basis for the 2005-201 5 fee calculation: land use and plar~rring data, unit usage
statistics and capital improvements plan.
Actual fee calculation is shown in Section 3.0 of the report, specifically note Tables 3-2A
through 6-3D. Current fees and proposed maximum fee calculated in the subject report
are provided below.
92.0 I 97-01 97.028 99-0 1
Current Fee*
Proposed Fee*
per Living Unit Equivalent (LUE)
Section 4.0 contains recommendations froni the consultant to the Advisory Committee
as follows:
Use of fee revenues to avoid future bonding, whenever possible
As a second-best option, fee proceeds should be used for early retirement of
the growth-related capacity in the CIP.
97
Only when the two options immediately above are infeasible sho~lld fee
proceeds be used for debt service for future customers.
The City maintain separate dedicated acco~.~nts for each area, and retain
accrued interest in each account, as stipulated in Local Goverl-~ment Code
Chapter 395.
Additional recommendations for record keeping of each impact fees include:
Date of final plat (i.e. date of fee assessment)
Ordinance number (date) by which property is assessed an impact fee
Date of tap purchase and building permit issuance
Size of water meter
Number of water and wastewater LLIE's for which an impact fee is assessed
Amount of impact fees paid for each impact fee
Date of payment of impact fees
Special conditions or exceptions, if any
Sufficient locational information, consistent with county deed records, to
enable the city to establish ownership of property for which fees have been
paid
To proceed with this 5-year fee update, the Advisory Committee needs to act on the
following:
1) Notify and recommend to City Council in writing that the fees be updated in
accordance with "Water and Wastewater Impact Fees" Report by Rimrock
Consulting Co.
Should the Advisory act to perform the preceding item, the following actions are needed
corr~plete this process:
2) Staff prepares notices for the public hearing.
3) City Council conducts the public hearing and acts on the fee update by ordinance
amendment.
4) Mayor sends compliance letter to the Attorney General.
Attachment:
"Water and Wastewater Impact Fees'' Report by Rimrock Consulting Co.
(provided in packet)
The above memo was presented by Alan Gibbs to the Advisory Committee at the
Planning and Zoning Commission Meeting on February 21, 2008. Minutes froni the
meeting reflect, 'Commissioner Davis moved to recommend that the report be
forwarded to City Council and stated that the Commission was supportive of the
information that was contained in the report. Commissioner Dictson seconded the
motion, motion passed (7-0). "
dged: John Nichols, Advisory Committee Chair Acknor
98
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 15, “IMPACT FEES”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 15, “IMPACT FEES”, of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2008.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt _______________________________
City Attorney
99
EXHIBIT “A”
That Chapter 15, “IMPACT FEES”, of the Code of Ordinances of the City of College Station,
Texas, is hereby amended, by deleting Chapter 15 in its entirety and replacing with Chapter 15
as set out hereafter to read as follows:
CHAPTER 15
IMPACT FEES
SECTION I: GENERAL PROVISIONS
A. SHORT TITLE
This Chapter shall be known and cited as the College Station Impact Fees Chapter.
B. PURPOSE
This Chapter is intended to assure the provision of adequate public facilities to serve
new development in the City by requiring each development to pay its pro rata share
of the costs of such improvements necessitated by and attributable to such new
development.
C. AUTHORITY
This Chapter is adopted pursuant to Texas Local Government Code Chapter 395,
(S.B. 336) and pursuant to the College Station City Charter. The provisions of this
Chapter shall not be construed to limit the power of the City to utilize other methods
authorized under State law or pursuant to other City powers to accomplish the
purposes set forth herein, either in substitution or in conjunction with this Chapter.
Guidelines may be developed by resolution or otherwise to implement and administer
this chapter.
D. DEFINITIONS
(1) Advisory Committee means the City's Planning and Zoning Commission, as
duly appointed by Resolution 6-11-92-1.10.
(2) Area-related facility means a capital improvement or facility expansion which is
designated in the Impact Fee Capital Improvements Plan and which is not a
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site-related facility. Area-related facility may include a capital improvement
which is located off-site, within, or on the perimeter of the development site.
(3) Assessment means the determination of the amount of the maximum impact
fee per service unit which can be imposed on new development pursuant to
this Chapter.
(4) Capital improvement means either a roadway facility, a water facility, a sanitary
sewer facility or a drainage facility, with a life expectancy of three (3) or more
years, to be owned and operated by or on behalf of the City.
(5) City means the City of College Station, Texas.
(6) Credit means the amount of the reduction of an impact fee for fees, payments
or charges for the same type of capital improvements for which the fee has
been assessed.
(7) Facilities expansion means either a roadway expansion, a water facility
expansion or a sanitary sewer facility expansion.
(8) Final plat approval or approval of a final plat means the point at which the
applicant has complied with all conditions of approval, and the plat has been
released for filing with Brazos County.
(9) Impact fee means either a fee for roadway facilities, a fee for water facilities, or
a fee for sanitary sewer facilities imposed on new development by the City
pursuant to this Chapter in order to fund or recoup the costs of capital
improvements or facilities expansions necessitated by and attributable to such
new development. Impact fees do not include the dedication of rights-of-way
or easements for such facilities, or the construction of such improvements.
Impact fees also do not include pro rata charges or acreage charges for
sanitary sewer improvements or front footage charges for sanitary sewer and
water lines imposed pursuant to Section 3 of the Utility Chapter; or funds
deposited in escrow for the construction of roadway improvements imposed
pursuant to the Subdivision Chapter.
(10) Impact fee capital improvements plan means either a roadway improvements
plan, a water improvements plan or a sanitary sewer improvements plan
adopted or revised pursuant to this Chapter. Impact fee capital improvements
plan may refer to either the plan for a particular service area or to the
aggregation of capital improvements or facilities expansions and the
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associated costs programmed for all service areas for a particular category of
capital improvements or facilities expansions.
(11) Land use assumptions means the projections of population and employment
growth and associated changes in land uses, densities and intensities adopted
by the City, as may be amended from time to time, upon which the impact fee
capital improvements plans are based.
(12) New development means a project involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of
any structure, or any use or extension of land, which has the effect of
increasing the requirements for capital improvements or facility expansions,
measured by the number of service units to be generated by such activity, and
which requires either the approval and filing with Brazos County of a plat
pursuant to the City's subdivision regulations, the issuance of a building permit,
or connection to the City's water or sanitary sewer system.
(13) Offset means the amount of the reduction of an impact fee designed to fairly
reflect the value of area-related facilities or other roadway facilities pursuant to
rules herein established or administrative guidelines, provided by a developer
pursuant to the City's subdivision regulations or requirements.
(14) Recoupment means the imposition of an impact fee to reimburse the City for
capital improvements which the City has previously oversized to serve new
development.
(15) Roadway means any thoroughfare, major or minor arterials or collectors
designated in the City's adopted Thoroughfare Plan, as may be amended from
time to time. Roadway does not include any roadway designated as a
numbered highway on the official federal or Texas highway system.
(16) Roadway expansion means the expansion of the capacity or redesign of an
existing roadway in the City, but does not include the repair, maintenance,
modernization, or expansion of an existing roadway to better serve existing
development.
(17) Roadway facility means an improvement or appurtenance to a roadway which
includes, but is not limited to, design, rights-of-way, whether conveyed by deed
or easement; intersection improvements; traffic control devices; turn lanes;
drainage facilities associated with the roadway; street lighting or curbs.
Roadway facility also includes any improvement or appurtenance to an
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intersection with a roadway officially enumerated in the federal or Texas
highway system. Roadway facility excludes those improvements or
appurtenances to a roadway which are site-related facilities.
(18) Roadway improvements plan means the adopted plan, as may be amended
from time to time, which identifies the roadway facilities or roadway expansions
and their costs for each roadway benefit area, which are necessitated by and
which are attributable to new development, for a period not to exceed ten (10)
years, which are to be financed in whole or in part through the imposition of
roadway facilities fees pursuant to this Chapter.
(19) Service area means either a roadway benefit area, a water benefit area, or
sanitary sewer benefit area within the City, within which impact fees for capital
improvements or facilities expansions will be collected for new development
occurring within such area and within which fees so collected will be expended
for those types of improvements or expansions identified in the type of capital
improvements plan applicable to the service area.
(20) Service unit means the applicable standard units of measure shown on the
conversion table in the Impact Fees Capital Improvements Plan which can be
converted to living unit equivalents (L.U.E.) as set out in Exhibit B in the Capital
Improvements Plan, as the context indicates, which serves as the standardized
measure of consumption, use or generation attributable to the new unit of
development.
(21) Sanitary sewer facility means an improvement for providing sanitary sewer
service, including, but not limited to, land or easements, treatment facilities, lift
stations, or interceptor mains. Sanitary sewer facility excludes sanitary sewer
lines or mains which are constructed by developers, the costs of which are
reimbursed from pro rata charges paid by subsequent users of the facilities.
Sanitary sewer facilities exclude site-related facilities.
(22) Sanitary sewer facility expansion means the expansion of the capacity of any
existing sanitary sewer improvement for the purpose of serving new
development, but does not include the repair, maintenance, modernization, or
expansion of an existing sanitary sewer facility to serve existing development.
(23) Sanitary sewer improvements plan means the adopted plan, as may be
amended from time to time, which identifies the sanitary sewer facilities or
sanitary sewer expansions and their associated costs which are necessitated
by and which are attributable to new development for a period not to exceed
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ten (10) years, and which are to be financed in whole or in part through the
imposition of sanitary sewer facilities fees pursuant to this Chapter.
(24) Single-family residential lot means a lot platted to accommodate a single-family
dwelling unit, as authorized under the City's zoning regulations.
(25) Site-related facility means an improvement or facility which is for the primary
use or benefit of a new development and/or which is for the primary purpose of
safe and adequate provision of roadway, water or sanitary sewer facilities to
serve the new development, and which is not included in the impact fees
capital improvements plan and for which the developer or property owner is
solely responsible under subdivision and other applicable regulations.
(26) Water facility means an improvement for providing water service, including, but
not limited to, land or easements, water treatment facilities, water supply
facilities, water transmission or distribution lines. Water facility excludes water
lines or mains which are reimbursed from pro rata charges paid by subsequent
users of the facilities. Water facility excludes site-related facilities.
(27) Water facility expansion means the expansion of the capacity of any existing
water facility for the purpose of serving new development, but does not include
the repair, maintenance, modernization, or expansion of an existing water
facility to serve existing development.
(28) Water improvement plan means the adopted plan, as may be amended from
time to time, which identifies the water facilities or water expansions and their
associated costs which are necessitated by and which are attributable to new
development, for a period not to exceed ten (10) years, and which are to be
financed in whole or in part through the imposition of water facilities fees
pursuant to this Chapter.
E. APPLICABILITY
The provisions of this Chapter apply to all new development, as defined herein, within
the corporate boundaries of the City. The provisions of this Chapter apply uniformly
within each service area.
F. IMPACT FEE AS CONDITION OF DEVELOPMENT APPROVAL
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No application for new development shall be approved within the City without
assessment of an impact fee pursuant to this Chapter, and no permit shall be issued
unless the applicant has paid the impact fee imposed by and calculated herein.
G. LAND USE ASSUMPTIONS
(1) Land use assumptions for the City are attached hereto as Exhibit "A" and is
incorporated herein by reference.
(2) The land use assumptions for the City shall be updated at least every three (3)
years, utilizing the amendment procedure set forth in Subsection Q.
(3) Amendments to the land use assumptions shall incorporate projections of
changes in land uses, densities, intensities and population therein over at least
a ten (10) year period.
H. IMPACT FEES PER SERVICE UNIT
(1) The maximum impact fee per service unit for each service area shall be
computed by dividing the total costs of capital improvements necessitated by
and attributable to new development in the service area identified in the impact
fee capital improvements plan for that category of capital improvements by the
total number of service units anticipated within the service area, based upon
the land use assumptions for that service area. Maximum impact fees per
service unit for each service area shall be established by category of capital
improvements and shall be as set forth in Exhibit C, attached hereto and made
a part of this Chapter by reference.
(2) The impact fee per service unit which is to be paid by each new development
within a service area shall be that established by Ordinance by the City
Council, as may be amended from time to time, and shall be an amount less
than or equal to the maximum impact fee per service unit established in
paragraph (1) above. Impact fees which are to be paid shall be as set forth in
Exhibit D, attached hereto and made a part of this Chapter by reference.
(3) Impact fee Exhibits C and D may be amended from time to time utilizing the
amendment procedure set forth in Subsection Q.
I. ASSESSMENT OF IMPACT FEES
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(1) The approval of any new development shall include as a condition the
assessment of the impact fee applicable to such development.
(2) Assessment of the impact fee for any new development shall be made as
follows:
(Ordinance No. 1972 of August 27,1992)
(a) A development which is submitted for approval pursuant to the City's
subdivision regulations following the effective date of this Chapter,
assessment shall be at the time of final plat approval for R-1 Single
Family Residential, R-1A Single Family Residential, R-2 Duplex
Residential, R-3 Townhouse-Rowhouse, R-4 Apartment/Low Density, R-
5 Apartment Medium Density, R-6 Apartment High Density, and R-7
Mobile Home Park and assessment for all other Zoning Districts shall
be at the time of issuance of the building permit, and shall be the
amount of the maximum impact fee per service unit then in effect, as set
forth in Exhibit C, as computed by the procedures set forth in
Subsection H(1). The City, in its sole discretion, may provide the
subdivider with a copy of Exhibit C prior to final plat approval, but such
shall not constitute assessment within the meaning of this Chapter.
(Ordinance No. 22" of May 21,1997)
(b) For a development which has received final plat approval prior to the
effective date of this Chapter and for which no replatting is necessary
prior to issuance for a permit, assessment shall be on the effective date
of this ordinance, and shall be the amount of the maximum impact fee
per service unit set forth in Exhibit C.
(c) For land on which new development is approved to occur without
platting after the effective date of this Chapter, assessment shall be at
the time of issuance of a permit for connection to the water or sewer
system.
(3) Following assessment of the impact fee pursuant to paragraph (2)(b) above,
the amount of the impact fee per service unit for that development cannot be
increased, unless the owner proposes to change the approved development by
the submission of a new application for final plat approval, in which case new
assessment shall occur at the Exhibit C rate then in effect.
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(4) Following the lapse or expiration of approval for a plat, a new assessment must
be performed at the time a new application for such development is filed.
(5) An application for an amending plat made pursuant to V.T.C.S., Local
Government Code, Section 212.016 is not subject to reassessment for an
impact fee.
(Ordinance No. 1972 of August 27,1992)
J. COMPUTATION AND COLLECTION OF IMPACT FEES
(1) The impact fees due for the new development shall be collected prior to or at
the time of final plat recordation for roadway facilities, water and sanitary sewer
facilities unless an agreement between the developer and the City has been
executed providing for a different time of payment.
(Ordinance No. 2213 of October 10. 1996)
(2) The impact fees due for land on which new development occurs or is proposed
to occur without platting, impact fees shall be collected at the time of issuance
of a permit for connection to the water or sewer system.
(3) Following the filing and acceptance of an application for a building permit or the
request for connection to the City's water or sanitary sewer system, the City
shall compute the impact fees due for the new development in the following
manner.
(a) The amount of each impact fee due shall be determined by multiplying
the number of service units generated by the new development by the
impact fee due per service unit for the service area using Exhibit D. The
number of service units shall be determined by using the conversion
table contained in the impact fee capital improvements plan.
(b) The amount of each impact fee due shall be reduced by an allowable
offsets or credits for that category of capital improvements, in the
manner provided in Subsection L.
(c) The total amount of the impact fees due for the new development shall
be calculated and attached to the development application or request
for connection as a condition of approval.
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(4) The amount of each impact fee due for a new development shall not exceed an
amount computed by multiplying the fee assessed per service unit pursuant to
Subsection H by the number of service units generated by the development.
(5) If the building permit for which an impact fee has been paid has expired, and a
new application is thereafter filed, the impact fees due shall be computed using
Exhibit D then in effect, with credits for previous payment of fees being applied
against the new fees due.
(6) Whenever the property owner proposes to increase the number of service units
for a development, the additional impact fees collected for such new service
units shall be determined by using Exhibit D then in effect and such additional
fee shall be collected either prior to or at the time of issuance of a new building
permit, in the case of impact fees for roadway facilities, or prior to or at the time
of enlargement of the connection to the City's water or sanitary sewer system,
in the case of impact fees for water or sanitary sewer facilities.
(7) In its sole discretion, the City may permit the developer or property owner,
upon written application, to pay impact fees for all or a portion of a single-family
residential lots at the time of final plat recording for such development, in the
amounts provided in paragraph (2) of this Subsection.
K. SUSPENSION OF FEE COLLECTION
(1) For any new development which has received final plat approval prior to
August 27, 1992, in accordance with Texas Local Government Code, Chapter
212, or pursuant to the City's subdivision regulations, the City may assess, but
shall not collect any impact fee as herein defined, on any service unit for which
a valid building permit is issued within one (1) year subsequent to the effective
date of this Chapter.
(2) If the building permit, which is obtained within the period provided for in
paragraph (1) above, subsequently expires, and no new application is made
and approved within such period, the new development shall be subject to the
payment of an impact fee, as provided in Subsection J.
(3) During such one (1) year period, the City may impose and collect on such new
development pro rata fees including lot or acreage fees for sanitary sewer
improvements pursuant or front footage charges for sanitary sewer and water
lines which have been previously installed by the City pursuant to Section 3 of
Chapter 11 of the Code of Ordinances, as amended, and may accept deposits
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in escrow for roadway facilities pursuant to the City's subdivision regulations.
After the expiration of such period, collection of all such fees, charges or
deposits in escrow, unless elsewhere expressly authorized, shall be
suspended and fees shall be collected for such new developments pursuant to
the provisions of this Chapter.
L. OFFSETS AND CREDITS AGAINST IMPACT FEES
(1) The City shall offset the reasonable value of any area-related facilities or other
roadway facilities, pursuant to rules established in this section or pursuant to
guidelines and which have been dedicated to and have been received after
initial acceptance by the City on or after August 27, 1992, including the value of
rights-of-way for roadways, or capital improvements constructed pursuant to an
agreement with the City, against the amount of the impact fee due for that
category of capital improvement.
(2) The City shall credit pro rata charges, including lot or acreage fees or charges,
which have been paid pursuant to Section 3 of Chapter 11 of the Code of
Ordinances, as amended, and eligible escrow fees deposited for roadway
facilities prior to the effective date of this Chapter, and during the one (1) year
period following adoption of this ordinance, during which impact fees
established herein may not be collected for certain new developments pursuant
to Subsection K, against the amount of an impact fee due for that category of
capital improvement, subject to guidelines established for the City.
(3) All offsets and credits against impact fees shall be subject to the following
limitations and shall be granted based on this Ordinance and additional
standards promulgated by the City, which may be adopted as administrative
guidelines.
(a) No offset or credit shall be given for the dedication or construction of
siterelated facilities.
(b) No offset or credit shall exceed an amount equal to the eligible value of
the offset multiplied by a fraction, the numerator of which is the impact
fee per service unit due for the new development as computed using
Exhibit D and the denominator of which is the maximum impact fee per
service unit for the new development as computed using Exhibit C.
(c) The unit costs used to calculate the offsets shall not exceed those
assumed for the capital improvements included in the impact fees
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capital improvements plan for the category of facility within the service
area for which the impact fee is imposed.
(d) No offsets shall be given for roadway facilities which are not identified
within the applicable impact fees capital improvements plan, except that
offsets may be given for the value of dedicated rights-of-way or the
value of constructed capital improvements for roadways designated in
the City's Thoroughfare Plan built to City standards and initially
accepted by the City. Offsets may only be given for dedications or
construction made and initially accepted after January 1, 1984.
(e) No credit shall be given for roadway facilities which are not identified
within the applicable impact fees capital improvements plan, except that
credit may be given for money deposits (other than impact fees) paid to
the City toward the costs of rights-of-way or the costs of construction
capital improvements for eligible roadways designated in the City's
Thoroughfare Development Plan built to City standards and initially
accepted by the City. Credit may only be given for rights-of-way
acquired or construction completed and initially accepted by the City.
Credit may only be given for rights-of-way acquired or construction
completed and initially accepted after January 1, 1984.
(f) Offsets or credits given for new developments which have received final
plat approval prior to the effective date of this Chapter, or offsets or
credits acquired for new developments during the one (1) year period
specified in Subsection K, shall be reduced by subtracting an amount
equal to the impact fees which would have been due for the number of
existing service units using Exhibit D adopted hereby.
(g) If an offset or credit applicable to a plat has not been exhausted within
ten (10) years from the date of the acquisition of the first building permit
issued or connection made after the effective date of this ordinance or
within such period as may be otherwise designated by contract, such
offset or credit shall lapse.
(h) In no event will the City reimburse the property owner or developer for
an offset or credit when no impact fees for the new development can be
collected pursuant to this Chapter or for any amount exceeding the total
impact fees due for the development for that category of capital
improvement, unless otherwise agreed to by the City.
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(4) An applicant for new development must apply for an offset or credit against
impact fees due for the development either at the time of application for final
plat approval or (1) for roadway fees, at the time of building permit application,
and (2) for water and sewer fees, at the time of connection, unless the City
agrees to a different time. The applicant shall file a petition for offsets or credits
with the City on a fort provided for such purpose. The contents of the petition
shall be established by administrative guidelines. The City must provide the
applicant, in writing, with a decision on the offset or credit request, including
the reasons for the decision. The decision shall specify the maximum value of
the offset or credit which may be applied against an impact fee, which amount
and the date of the determination shall be associated with the plat for the new
development.
(5) The available offset or credit associated with the plat shall be. applied against
an impact fee in the following manner.
(a) For single-family residential lots in a new development consisting only
of single-family residential lots which have received final plat approval,
such offset or credit shall be prorated equally among such lots and shall
remain applicable to such lots, to be applied at the time of filing and
acceptance of an application for a building permit or connection, as
appropriate against impact fees due.
(b) For all other types of new development, including those involving mixed
uses, which have received final plat approval, the offset or credit
applicable to the plat shall be applied to the impact fee due at the time
of issuance of the first building permit or connection to which the offset
or credit is applicable, and thereafter to all subsequently issued building
permits or connections, until the offset or credit has been exhausted.
(c) At its sole discretion, the City may authorize alternative credit or offset
agreements upon petition by the owner in accordance with guidelines
promulgated by the City.
M. ESTABLISHMENT OF ACCOUNTS
(1) The City's Finance Department shall establish an account to which interest is
allocated for each service area for each category of capital facility for which an
impact fee is imposed pursuant to this Chapter. Each impact fee collected
within the service area shall be deposited in such account.
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(2) Interest earned on the account into which the impact fees are deposited shall
be considered funds of the account and shall be used solely for the purposes
authorized in Subsection N.
(3) The City's Finance Department shall establish adequate financial and
accounting controls to ensure that impact fees disbursed from the account are
utilized solely for the purposes authorized in Subsection N. Disbursement of
funds shall be authorized by the City at such times as are reasonably
necessary to cant' out the purposes and intent of this Chapter, provided,
however, that any fee paid shall be expended within a reasonable period of
time, but not to exceed ten (10) years from the date the fee is deposited into
the account.
(4) The City's Finance Department shall maintain and keep financial records for
impact fees, which shall show the source and disbursement of all fees
collected in or expended from each service area. The records of the account
into which impact fees are deposited shall be open for public inspection and
copying during ordinary business hours. The City may establish a fee for
copying services.
(5) The Finance Department shall maintain and keep adequate financial records
for said account which shall show the source and disbursement of all funds
placed in or expended by such account.
N. USE OF PROCEEDS OF IMPACT FEE ACCOUNTS
(1) The impact fees collected for each service area pursuant to this Chapter may
be used to finance or to recoup the costs of any capital improvements or
facilities expansions identified in the applicable impact fee capital
improvements plan for the service area, including the construction contract
price, surveying and engineering fees, land acquisition costs (including land
purchases, court awards and costs, attorney's fees, and expert witness fees),
and the fees actually paid or contracted to be paid to an independent qualified
engineer or financial consultant preparing or updating the impact fee capital
improvements plan who is not an employee of the political subdivision. Impact
fees may also be used to pay the principal sum and interest and other finance
costs on bonds, notes or other obligations issued by or on behalf of the City to
finance such capital improvements or facilities expansions.
(2) Impact fees collected pursuant to this Chapter shall not be used to pay for any
of the following expenses:
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(a) construction, acquisition or expansion of capital improvements or assets
other than those identified in the applicable impact fee capital improve-
ments plan;
(b) repair, operation, or maintenance of existing or new capital
improvements or facilities expansions;
(c) upgrading, expanding or replacing existing capital improvements to
serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards;
(d) upgrading, expanding or replacing existing capital improvements to
provide better service to existing development; provided, however, that
impact fees may be used to pay the costs of upgrading, expanding or
replacing existing capital improvements in order to meet the need for
new capital improvements generated by new development;
(e) administrative and operating costs of the City; or
(f) roadway facilities or roadway expansions in the extraterritorial
jurisdiction of the City.
(g) In the event that a capital improvement or facility expansion involves
more than one (1) service area for a particular category of capital
improvement, funds from each service area involved may be pooled to
finance the project; provided, however, that in the event the funds
expended from any service area exceed the proportionate share of the
costs of the facilities attributable to the development in such service
area, such account shall be credited in the amount exceeding such
share, to be repaid from impact fee proceeds collected in other
contributing service areas.
O. APPEALS
(1) The property owner or applicant for new development may appeal the following
decisions to the City Council: (1) applicability of an impact fee to the
development; (2) the amount of the impact fee due; (3) the availability or the
amount of an offset or credit; (4) the application of an offset or credit against
any impact fee due; (5) the amount of a refund due, if any.
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(2) The burden of proof shall be on the appellant to demonstrate that the amount
of the fee or the amount of the offset or credit was not calculated according to
the applicable schedule of impact fees or the guidelines established for
determining offsets and credits.
(3) The appellant must file a notice of appeal with the City Secretary within thirty
(30) days following the decision. If the notice of appeal is accompanied by a
bond or other sufficient surety satisfactory to the City Attorney in an amount
equal to the original determination of the impact fee due, the development
application may be processed while the appeal is pending.
P. REFUNDS
(1) Any impact fee or portion thereof collected pursuant to this Chapter, which has
not been expended within the service area within ten (10) years from the date
of payment, shall be refunded, upon application, to the record owner of the
property at the time the refund is paid or, if the impact fee was paid by another
governmental entity, to such governmental entity, together with interest
calculated from the date of collection to the date of refund at the statutory rate
as set forth in Article 1.03, Title 79, Revised Statutes (Article 5069-1.03,
Vernon's Texas Civil Statutes), or any successor statute.
(2) An impact fee collected pursuant to this Chapter shall be considered expended
if the total expenditures for capital improvements or facilities expansions
authorized in Subsection N within the service area within ten (10) years
following the date of payment exceeds the total fees collected for such
improvements or expansions during such period.
(3) If a refund is due pursuant to paragraphs (1) and (2) above, the City shall pro-
rate the same by dividing the difference between the amount of expenditures
and the amount of the fees collected by the total number of service units
assumed within the service area for the period to determine the refund due per
service unit. The refund to the record owner shall be calculated by multiplying
the refund due per service unit by the number of service units for the
development for which the fee was paid, and interest due shall be calculated
upon that amount.
(4) Upon completion of all the capital improvements or facilities expansions
identified in the impact fee capital improvements plan for the service area, the
City shall recalculate the maximum impact fee per service unit using the actual
costs for the improvements or expansions. If the maximum impact fee per
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service unit based on actual cost is less than the impact fee per service unit
paid, the City shall refund the difference, if. such difference exceeds. the
impact fee . paid by more than ten percent (1096). The refund to the record
owner shall be calculated by multiplying such difference by the number of
service units for the development for which the fee was paid, and interest due
shall be calculated upon that amount.
(5) If the building permit for a new development for which an impact fee has been
paid has expired, and a modified or new application has not been filed within
six (6) months of such expiration, the City shall, upon written application,
refund the amount of the impact fee to the applicant. The City may establish
guidelines for refunding of impact fees collected for which construction plans
have been abandoned.
Q. UPDATES TO PLAN AND REVISION OF FEES
(1) The City shall update its land use assumptions and impact fees capital
improvements plans and shall recalculate its impact fees not less than once
every three years in accordance with the procedures set forth in Texas Local
Government Code Section 395.052, or in any successor statute.
(2) The City may review its land use assumptions, impact fee capital
improvements plans, and other factors such as market conditions more
frequently than provided in paragraph (1) above to determine whether the land
use assumptions and impact fee capital improvements plans should be
updated and the impact fee recalculated accordingly, or whether Exhibit D
collection rates should be increased, decreased, or otherwise changed.
R. FUNCTIONS OF ADVISORY COMMITTEE
(1) The Advisory Committee shall perform the following functions:
(a) advise arid assist the City in adopting land use assumptions;
(b) review the impact fee capital improvements plans and file written
comments thereon;
(c) monitor and evaluate implementation of the impact fee capital improve-
ments plans;
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(d) advise the City of the need to update or revise the land use
assumptions, impact fee capital improvements plans and impact fees;
and file a semiannual report evaluating the progress of the City in
achieving the impact fee capital improvements plans and identifying any
problems in implementing the plans or administering the impact fees.
(2) The City Council shall adopt, by resolution, procedural rules by which the
Advisory Committee may carry out its duties.
(3) The City shall make available to the Advisory Committee any professional
reports prepared in the development or implementation of the impact fee
capital improvements plans.
S. AGREEMENT FOR CAPITAL IMPROVEMENTS
(1) An owner of a new development may construct or finance a capital
improvement or facility expansion designated in the impact fee capital
improvements plan, if required or authorized by the City, by entering into an
agreement with the City prior to the issuance of any building permit for the
development. The agreement shall be on a form approved by the City, and
shall identify the estimated cost of the improvement or expansion, the schedule
for initiation and completion of the improvement or expansion, a requirement
that the improvement be designed and completed to City standards and such
other terms and conditions as deemed necessary by the City. The agreement
shall provide for the method to be used to determine the amount of the offset to
be given against impact fees due for the development.
(2) In the event that the City elects to reimburse an owner for the dedication, con-
struction or financing of a capital improvement or facility expansion designated
in the impact fee capital improvements plan, the terms of reimbursement shall
be incorporated in the agreement required by paragraph (1) above.
T. USE OF OTHER FINANCING MECHANISMS
(1) The City may finance capital improvements or facilities expansions designated
in the impact fee capital improvements plan through the issuance of bonds,
through the formation of public improvement districts or other assessment
districts, or through any other authorized mechanism, in such manner and
subject to such limitations as may be provided by law, in addition to the use of
impact fees.
116
(2) Except as herein otherwise provided, the assessment and collection of an
impact fee shall be additional and supplemental to, and not in substitution of,
any other tax, fee, charge or assessment which is lawfully imposed on and due
against the property.
(3) The City may pay all or part of impact fees due for a new development taking
into account available offsets and credits pursuant to duly adopted criteria.
U. IMPACT FEE AS ADDITIONAL AND SUPPLEMENTAL REGULATION
Impact fees established by this Chapter are additional and supplemental to, and not in
substitution of, any other requirements imposed by the City on the development of
land or the issuance of building permits or certificates of occupancy. Such fee is
intended to be consistent with and to further the policies of City's Comprehensive
Plan, the impact fee capital improvements plan, the zoning ordinance, subdivision
regulations and other City policies, ordinances and resolutions by which the City seeks
to ensure the provision of adequate public facilities in conjunction with the
development of land.
V. RELIEF PROCEDURES
(1) Any person who has paid an impact fee or an owner of land upon which an
impact fee has been paid may petition the City Council to determine whether
any duty required by this ordinance has not been performed within the time so
prescribed. The petition shall be in writing and shall state the nature of the
unperformed duty and request that the act be performed within sixty (60) days
of the request. If the City Council determines that the duty is required pursuant
to the ordinance and is late in being performed, it shall cause the duty to
commence with sixty (60) days of the date of the request and to continue until
completion.
(2) The City Council may grant a variance or waiver from any requirement of this
ordinance, upon written request by a developer or owner of property subject to
the ordinance, following a public hearing, and only upon finding that a strict
application of such requirement would when regarded as a whole result in
confiscation of the property.
(3) The City Council may grant a waiver from any requirement of this ordinance on
other grounds, as may be set forth in administrative guidelines.
117
(4) If the City Council grants a variance or waiver to the amount of the impact fee
due for a new development under this Section, it shall cause to be appropriated
from other City funds the amount of the reduction in the impact fee to the
account for the service area in which the property is located.
W. EXEMPTION FROM ORDINANCE
Any building permit application which was duly accepted for filing prior to the effective
date of this Chapter and which is subsequently granted, shall be exempt from the
assessment and payment of an impact fee, unless such application thereafter expires.
SECTION II: ROADWAY FACILITIES FEES (Reserved)
(Ordinance No. 1972 of August 27, 1992)
SECTION III: WATER FACILITIES FEES
A. WATER SERVICE AREA
(1) There is hereby established a water benefit area, constituting the Service Area
as depicted on Exhibit A, attached hereto and incorporated herein by
reference.
(2) The boundaries of the water benefit area may be amended from time to time
and new water benefit areas may be delineated, pursuant to the procedures in
Section I, Subsection Q.
B. WATER IMPROVEMENTS PLAN
(1) The Water Improvements Plan for the Service Area is hereby adopted as
Exhibit B, attached hereto and incorporated by reference herein.
(2) The Water Improvements Plan may be amended from time to time, pursuant to
the procedures In Section I, Subsection Q.
C. WATER FACILITIES FEES
(1) The maximum impact fees per service unit for water facilities are hereby
adopted and incorporated in Exhibit C attached hereto and made a part hereof
by reference.
118
(2) The impact fees per service unit for water facilities, which are to be paid by
each new development, are hereby adopted and incorporated in Exhibit D
attached hereto and made a part hereof by reference.
(3) The impact fees per service unit for water facilities may be amended from time
to time, pursuant to the procedures in Section 1, Subsection Q.
(Ordinance No. 2385 of April 22, 1999)
SECTION IV: SEWER FACILITIES FEES
A. SANITARY SEWER SERVICE AREA
(1) There is hereby established a sanitary sewer benefit area, constituting the
Service Area as depicted on Exhibit A, attached hereto and incorporated herein
by reference.
(2) The boundaries of the sanitary sewer benefit area may be amended from time
to time, and new sanitary sewer benefit areas may be delineated, pursuant to
the procedures in Section I, Subsection Q.
B. SANITARY SEWER IMPROVEMENTS PLAN
(1) The Sanitary Sewer Improvements Plan for the Service Area is hereby adopted
as Exhibit B, attached hereto and incorporated by reference herein.
(2) The Sanitary Sewer Improvements Plan may be amended from time to time,
pursuant to the procedures in Section I, Subsection Q.
C. SANITARY SEWER FACILITIES FEES
(1) The maximum impact fees per service unit for sanitary sewer facilities are
hereby adopted and incorporated in Exhibit C attached hereto and made a part
hereof by reference.
(2) The impact fees per service unit for sanitary sewer facilities, which are to be
paid by each new development, are hereby adopted and incorporated in Exhibit
D attached hereto and made a part hereof by reference.
(3) The impact fees per service unit for sewer facilities may be amended from time
to time, pursuant to the procedures in Section I, Subsection Q.
119
SECTION V: DRAINAGE FACILITIES FEES (Reserved)
(Ordinance No. 1972 of August 27, 1992)
NOTE:
SEE: Resolution No. 12-11-97-6-b approved by Council on December 12, 1997, adopting land
use assumptions, capital improvements, and sanitary sewer impact fees for Service Area 97-
01 (Pebble Hills/Greens Prairie Road area), page 15-41.
SEE: Resolution No. 12-11-97-6-c approved by Council on December 12, 1997, adopting
land use assumption, capital improvements and sanitary sewer impact fees for Service Area
97-02 (Lick Creek/Nantucket area), page 15-60.
SEE: Resolution No. 7-22-99-3.3 approved by Council on April 22, 1999, adopting land use
assumption, capital improvements and sanitary sewer impact fees for Service Area 99-01
(along northeastern right-of-way of S.H. 6), page 15- .
120
EXHIBIT A: LAND USE ASSUMPTIONS
121
122
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12
8
EXHIBIT B: CAPITAL IMPROVEMENTS PROGRAMS
129
Table 2-2
CAPACITY DEMAND FOR EACH NEW LUE
CITY OF COLLEGE STATION
AREA BASIS
CAPACITY PER LUE FOR
WATER/SEWER LINES
Area 92-01 Graham Road Sewer Line Extension Peak Day 1,068 gallons daily
Area 97-01Spring Creek Sewer Line Peak Day 1,068 gallons daily
Area 97-02B Alum Creek Sewer Line Peak Day 1,068 gallons daily
Area 99-01 Harley Water Line Peak Day 668 gallons daily
SOURCE: College Station City Staff.
Table 2-3
CONVERSION OF LAND USES TO LIVING UNITS EQUIVALENT
CITY OF COLLEGE STATION
LAND USE LUEs PER ACRE (a)
Water Sewer
Floodplain & Streams 1.00 1.00
Industrial R & D 1.87 1.62
Institutional 2.33 2.10
Office 3.01 2.87
Park 1.00 1.00
Residential Attached 13.60 13.60
Retail Neighborhood 4.55 3.77
Retail Regional 5.55 4.07
Rural 0.00 0.00
Single Family Residential High Density 13.00 13.00
Single Family Residential Low Density 0.40 0.40
Single Family Residential Medium Density 4.50 4.50
Transitional 0.00 0.00
(a) Source: City of College Station, 2_13_08 Densities _ Update Report_Impact
Fees.DOC.
130
131
Table 2-4
LUE EQUIVALENCIES FOR VARIOUS TYPES
AND SIZES OF WATER METERS
METER
TYPE
METER
SIZE
CONTINUOUS
DUTY MAXIMUM
RATE
(gpm)
RATIO TO
5/8" METER
SIMPLE 5/8" x 3/4" 10 1.000
SIMPLE 3/4" 15 1.500
SIMPLE 1" 25 2.500
SIMPLE 1_1/2" 50 5.000
SIMPLE 2" 80 8.000
COMPOUND 2" 80 8.000
TURBINE 2" 100 10.000
COMPOUND 3" 160 16.000
TURBINE 3" 240 24.000
COMPOUND 4" 250 25.000
TURBINE 4" 420 42.000
COMPOUND 6" 500 50.000
TURBINE 6" 920 92.000
COMPOUND 8" 800 80.000
TURBINE 8" 1600 160.000
COMPOUND 10" 1150 115.000
TURBINE 10" 2500 250.000
TURBINE 12" 3300 330.000
132
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96.98%$49.50
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100.00%$6.39
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91.37%$6.72
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$2
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$9
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$62.61
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$62.61
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79.80%$127.84
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49.50%$90.95
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$7
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$218.7 9
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$218.7 9
14
7
TA
B
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3
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3.90%$7.86
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$2
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$7.8 6
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$3
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$7.8 6
14
8
TA
B
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3
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(
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50
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50
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$2
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$104.62 $146.63
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$84.72 $169.44
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$189.34 $316.0 7
TO
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$3
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14
9
TA
B
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3
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(
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50
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50
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$97.29 $97.29
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$0.55 $1.10
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$97.84 $98.3 9
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$97.84 $98.3 9
15
0
TA
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$33.15 $58.44
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15
1
TA
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$384.9 6 $769.91
15
2
EXHIBIT C: MAXIMUM IMPACT FEES
153
TA
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EXHIBIT D: IMPACT FEES CHARGED
160
ORDINANCE NO.__________________ Page 63
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3/14/08
TABLE 6_3A (Graham Road Extension)
MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES
AREA 92-01, CITY OF COLLEGE STATION
METER
TYPE
METER
SIZE
MULTIPLIER
MAXIMUM
IMPACT FEE
SIMPLE 5/8" x 3/4" 1.000 $316.07
SIMPLE 3/4" 1.500 $474.11
SIMPLE 1" 2.500 $123.80
SIMPLE 1_1/2" 5.000 $1,580.35
SIMPLE 2" 8.000 $2,528.56
COMPOUND 2" 8.000 $2,528.56
TURBINE 2" 10.000 $3,160.70
COMPOUND 3" 16.000 $5,057.12
TURBINE 3" 24.000 $7,585.68
COMPOUND 4" 25.000 $7,901.75
TURBINE 4" 42.000 $13,274.94
COMPOUND 6" 50.000 $15,803.50
TURBINE 6" 92.000 $29,078.44
COMPOUND 8" 80.000 $25,285.60
TURBINE 8" 160.000 $50,571.20
COMPOUND 10" 115.000 $36,348.05
TURBINE 10" 250.000 $79,017.50
TURBINE 12" 330.000 $104,303.10
161
ORDINANCE NO.__________________ Page 64
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3/14/08
TABLE 6_3B (Spring Creek Sewer)
MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES
AREA 97-01, CITY OF COLLEGE STATION
METER
TYPE
METER
SIZE
MULTIPLIER
MAXIMUM
IMPACT FEE
SIMPLE 5/8" x 3/4" 1.000 $98.39
SIMPLE 3/4" 1.500 $147.59
SIMPLE 1" 2.500 $245.98
SIMPLE 1_1/2" 5.000 $491.95
SIMPLE 2" 8.000 $787.12
COMPOUND 2" 8.000 $787.12
TURBINE 2" 10.000 $983.90
COMPOUND 3" 16.000 $1,574.24
TURBINE 3" 24.000 $2,361.36
COMPOUND 4" 25.000 $2,459.75
TURBINE 4" 42.000 $4,132.38
COMPOUND 6" 50.000 $4,919.50
TURBINE 6" 92.000 $9,051.88
COMPOUND 8" 80.000 $7,871.20
TURBINE 8" 160.000 $15,742.40
COMPOUND 10" 115.000 $11,314.85
TURBINE 10" 250.000 $24,597.50
TURBINE 12" 330.000 $32,468.70
162
ORDINANCE NO.__________________ Page 65
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3/14/08
TABLE 6_3C (Alum Creek Sewer Line)
MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES
AREA 97-02B, CITY OF COLLEGE STATION
METER
TYPE
METER
SIZE
MULTIPLIER
MAXIMUM
IMPACT FEE
SIMPLE 5/8" x 3/4" 1.000 $59.42
SIMPLE 3/4" 1.500 $65.73
SIMPLE 1" 2.500 $148.55
SIMPLE 1_1/2" 5.000 $297.10
SIMPLE 2" 8.000 $475.36
COMPOUND 2" 8.000 $475.36
TURBINE 2" 10.000 $594.20
COMPOUND 3" 16.000 $950.72
TURBINE 3" 24.000 $1,426.08
COMPOUND 4" 25.000 $1,485.50
TURBINE 4" 42.000 $2,495.64
COMPOUND 6" 50.000 $2,971.00
TURBINE 6" 92.000 $5,466.64
COMPOUND 8" 80.000 $4,753.60
TURBINE 8" 160.000 $9,507.20
COMPOUND 10" 115.000 $6,833.30
TURBINE 10" 250.000 $14,855.00
TURBINE 12" 330.000 $19,608.60
163
ORDINANCE NO.__________________ Page 66
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3/14/08
TABLE 6_3D (Harley Water Line)
MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES
AREA 92-01, CITY OF COLLEGE STATION
METER
TYPE
METER
SIZE
MULTIPLIER
MAXIMUM
IMPACT FEE
SIMPLE 5/8" x 3/4" 1.000 $769.91
SIMPLE 3/4" 1.500 $1,154.87
SIMPLE 1" 2.500 $1,924.78
SIMPLE 1_1/2" 5.000 $3,849.55
SIMPLE 2" 8.000 $6,159.28
COMPOUND 2" 8.000 $6,159.28
TURBINE 2" 10.000 $7,699.10
COMPOUND 3" 16.000 $12,318.56
TURBINE 3" 24.000 $18,477.84
COMPOUND 4" 25.000 $19,247.75
TURBINE 4" 42.000 $32,336.22
COMPOUND 6" 50.000 $38,495.50
TURBINE 6" 92.000 $70,831.72
COMPOUND 8" 80.000 $61,592.80
TURBINE 8" 160.000 $123,185.60
COMPOUND 10" 115.000 $88,539.65
TURBINE 10" 250.000 $192,477.50
TURBINE 12" 330.000 $254,070.30
164
March 27, 2008
Regular Agenda Item 5
305 Holleman Drive East – Public Sanitary Sewer Easement Abandonment
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning 0.35 acre of public sanitary sewer easement, which
is located on Lot One, Block One of River Oaks Subdivision according to the plat recorded in
Volume 8194, Page 181 of the Deed Records of Brazos County, Texas.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: The easement proposed to be abandoned is a 0.35 acre public sanitary sewer
easement, which is located on Lot One, Block One of River Oaks Subdivision. There is
currently no public infrastructure in this easement to be abandoned, as this development
has constructed a re-routed alignment of this sanitary line. The re-alignment construction
was complete and accepted December 21, 2007, and the referenced plat dedicated a
separate Public Utility Easement for the sewer re-alignment.
Budget & Financial Summary: N/A
Attachments:
1. Exhibit 1 - Vicinity Map
2. Exhibit 2 - Ordinance
3. Exhibit 3 - Ordinance Exhibit "A"
4. Exhibit 4 - Application for Abandonment
165
166
O:\agenda items\2008\3 27 2008\305 Holleman - Sanitary Easement Abandonment\Exhibit 2 - Ordinance.doc
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.35 ACRE PORTION OF THE TWENTY
FOOT PUBLIC SANITARY SEWER EASEMENT, SAID PORTION LYING ALONG
LOT 1, BLOCK 1, OF THE RIVER OAKS SUBDIVISION, ACCORDING TO THE
PLAT RECORDED IN VOLUME 8194, PAGE 181 OF THE OFFICIAL RECORDS OF
BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of the Twenty Foot Width Public Sanitary Sewer
Easement, said portion lying along Lot 1, Block 1, of the River Oaks Subdivision,
according to the plat recorded in Volume 8194, Page 181, of the Official Records of
Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion
hereinafter referred to as the “Easement”); and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
1. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated
by the City.
167
O:\agenda items\2008\3 27 2008\305 Holleman - Sanitary Easement Abandonment\Exhibit 2 - Ordinance.doc
ORDINANCE NO. __________________ Page 2
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2008.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
E-Signed by Angela M. DeLuca
VERIFY authenticity with ApproveIt
______________________________
City Attorney
168
LvIETES AND BOUNDS DESCRIPTION
OF A
0.35 ACRE TRACT
PORTION OF LOT 1, BLOCK 1
RNER OAKS SUBDIVISION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
M COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 1, BLOCK 1, RIVER OAKS
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8 194, PAGE 18 1 OF THE OFFICIAL PUBLIC RECORDS
OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A % INCH IRON ROD FOUND MARKING AN INTERIOR WEST CORNER OF SAID LOT 1 AND THE NORTH
CORNER OF A CALLED 8.21 ACRE TRACT AS DESCRIBED BY A DEED TO ROSE-ARBORS, L.P. RECORDED M VOLUME
3780, PAGE 244 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 42" 08' 02" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID 8.2 1 ACRE TRACT FOR A DISTANCE OF
44.99 FEET TO A % INCH IRON ROD FOUND ON THE NORTHWEST LINE OF SAID 8.2 1 ACRE TRACT MARKING THE EAST
CORNER OF THE REMAINDER OF A CALLED 12.18 ACRE TRACT AS DESCRIBED BY A DEED TO LACOUR INVESTMENTS
RECORDED IN VOLUME 398, PAGE 768 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 49" 37' 16" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID EWER OF 12.18 ACRE TRACT FOR
A DISTANCE OF 8.53 FEET TO A POINT;
THENCE: THROUGH SAID LOT 1 FOR THE FOLLOWING CALLS:
N 50" 49' 02" E FOR A DISTANCE OF 325.13 FEET TO A POINT;
S 80" 29' 30" E FOR A DISTANCE OF 49 1.04 FEET TO A POINT ON THE NORTHWEST LINE OF HOLLEMAN DRIVE
(VARIABLE WIDTH R.O.W.), SAlD POINT BEING IN A COUNTERCLOCKU'ISE CURVE HAVING A RADIUS OF
1045.00 FEET;
THENCE: ALONG THE NORTHWEST LINE OF HOLLEMAN DRIVE AND ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 01" 22' 54"FOR AN ARC DISTANCE OF 25.20 FEET (CHORD BEARS: S 46" 59' 07" W - 25.20 FEET) TO A POINT;
THENCE: THROUGH SAID LOT 1 FOR THE FOLLOWING CALLS:
N 80" 29' 30" W FOR A DISTANCE OF 466.66 FEET TO A POINT;
S 50" 49'02" W FOR ADISTANCE OF 266.72 FEET TO A POMT ON THE COMMON LTNE OF SAID LOT 1 AND SAID
8.2 1 ACRE TRACT;
THENCE: N 49" 28' 20" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID 8.2 1 ACRE TRACT FOR A DISTANCE OF
18.70 FEET TO THE POINT OF BEGINNING CONTAINING 0.35 OF AN ACRE OF LAND, MORE OF LESS, AS SURVEYED ON
THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS
OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:/WORK/MAB/08- I O5.MAB
1
169
WOLF PEN CREEK SCALE: 1" = 100'
EXISTING 20' EASEMENT
8.21 ACRE TRACT
RING SYSTEM SHOWN
ED ON GRID NORTH A
M GPS OBSERVATION.
LOT 1, BLOCK 1
RIVER OAKS SUBDIVISION
PLAT 8194/181
170
Feb 20 2008 7:28PM Steu. t Residence 817' -'9664 P. 1
02/18/2008 15:a2 PAX 97g2603564 MTT'LL and MORGAN @ ooz/oo4
FD~ Offic Ues
P&Z Case No. $*-- Dale Subrn~brd.
CI IY OF COI,~ I:<, I: S I'*.I 10s J
?Grr~,~,q& l>.ni, ~r arr. .Ilrrrrrr.
ABANDONMENT OF PUBLIC
ROW-OF-WAYIEASEMENT APPLICATION
/ MINIMUM SUBMITTAL REQUIREMENTS
v $300 Abandonment of Public Right-oFWay (ROW) I Easement application tee.& -
Acornpleted copy of the attached Abandonment of Public ROW / Easement application.
All exhillits processed (excepl for Exhibit No. 4. which will be processed by staff).
J A copy oI a recent (with1 n 90 days) deed or title insurance policy showing the names of
the OWIIG~S, or, an older deed or title with a Nothing Further Certificate.
J For ~rnplatted property, a signed, s ealed and dated metes and bounds description and a 1-
diagram of the properly showing the location of the abandonm ent.
For platied property, a copy of the plat s howing thq lot, block, subdivision, and recording I- infom7a tion. ! - Corporale br partnership owners rn us1 furnlsh a copy of a corporate rasolution or other
proof cf authorify lo sign on behalf of Lhe corporation, partnership, or joint v enture.
\y\CIw : LeW 04 ACcemvlU u+ Ilnfva~+ut-e .
3 5 'Ho\\emao 'Dvive Em+ ADDRESS, 0 ----
LEGAL DESCRIPTION Lot I , el mlC \ ! Q..i q OuKs ~ub$vision
APPLICANT (Primary Contar.:for the Project!:
w-7 E-Mail U I Name V~-Y~~\CQ h~tc~c~lan_d~m~n. cw
Strest Address .5\\ \-LV~ Ve ~VP. F%st .SU~% 2.04
State CL\ ZIP Code 17 XY 0
bC-b4U'3= ~ax~urnber-b'f
PROPERN OWNER'S INFORMATION (if different from abovej: j l W ~s+~AJ&v+ @ 9 ma; 1 wtm
~arn~u ~-k~af-k E-Mail .-c#W
Street Address D. _() . -Y \ cj 07 %
Stzte zm . , Zip Code I 7X4e
45.71 4 F3x Nvrnberm4 (-0943774
herein and exhibits
rs: 7
171
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAYIEASEMENT
Date: %bv\mn 13. 200%
Location of Right-of-WaylEasement to be Abandoned: 305 \\ em^ Drive
Property Owner's Name & Address: i YYI S+C- W~V+
lb02R !TI( 77842
Property Owner's Phone Number: (. q~q] CD~ 5-11 44
TO THE MAYOR AND ClTY COUNCIL OF THE ClTY OF COLLEGE STATION:
The undersigned hereby makes application for the abandonment of that portion of the
above right-of-way particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it
against all suits, costs, expenses, and damages that may arise or grow out of
such abandonment.
2. Attached, marked Exhibit No. 1, are two sealed metes and bounds descriptions
(dividing the area in half) of the area sought to be abandoned, prepared by a
Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of that
portion of the public right-of-wayleasement sought to be abandoned and the
surrounding area to the nearest streets in all directions, showing the abutting lots
and block, and the subdivision in which the above described right-of-
wayleasement is situated, together with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the aban-
donment.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff
to the abandonment.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property
owners, except the following: (if none, so state)
Page 2 of 8
172
Feb 20 2008 7:28PM Steu t Residence 8178 78664
02/18/2008 15:03 FAX 8782803564 MITCHELL and HORGAN
7. Such public right-ci-way/easement should be abandoned because:
m-t ha\ h~g,n ~--4-\mtCd -b
+he devet apwt n-ffhe
has been and is being used as follows:
I swear :hat all of the information contained in thls application is true and correct lo the
best af my kno?vledge and belief.
Owner's Address: 0 . \t~jfJ"L%
Owner's Phone Number: (47q) (a 5 - 7734
STATE 01= "rE.XAS 1
I ACKNOWLEDGMENT
Sub.s~:iOed, and sworn to be ore me. a Notary Public, this dbfn day of
kbv~~q -, 2006, by J .m%l~~-~
STATE OF TEXAS
' the State of Texas d*
Page 3 of El
173
Application for Abandonment of
a Public Right-of-WayIEasement
Located: 305 +to\ \eman 'D~W at
EXHIBIT NO. 1
Attached are two sealed copies of the metes and bounds e cri ti n di idi the are
in half) of the public right-of-wayleasement situated in &I , &&I -Brw &S *~i*
AdditionISubdivision to the City of College Station, Brazos Couhty, Texas, sought to be
abandoned.
Page 4 of 8
174
LvIETES AND BOUNDS DESCRIPTION
OF A
0.35 ACRE TRACT
PORTION OF LOT 1, BLOCK 1
RNER OAKS SUBDIVISION
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
M COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 1, BLOCK 1, RIVER OAKS
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8 194, PAGE 18 1 OF THE OFFICIAL PUBLIC RECORDS
OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A % INCH IRON ROD FOUND MARKING AN INTERIOR WEST CORNER OF SAID LOT 1 AND THE NORTH
CORNER OF A CALLED 8.21 ACRE TRACT AS DESCRIBED BY A DEED TO ROSE-ARBORS, L.P. RECORDED M VOLUME
3780, PAGE 244 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 42" 08' 02" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID 8.2 1 ACRE TRACT FOR A DISTANCE OF
44.99 FEET TO A % INCH IRON ROD FOUND ON THE NORTHWEST LINE OF SAID 8.2 1 ACRE TRACT MARKING THE EAST
CORNER OF THE REMAINDER OF A CALLED 12.18 ACRE TRACT AS DESCRIBED BY A DEED TO LACOUR INVESTMENTS
RECORDED IN VOLUME 398, PAGE 768 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 49" 37' 16" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID EWER OF 12.18 ACRE TRACT FOR
A DISTANCE OF 8.53 FEET TO A POINT;
THENCE: THROUGH SAID LOT 1 FOR THE FOLLOWING CALLS:
N 50" 49' 02" E FOR A DISTANCE OF 325.13 FEET TO A POINT;
S 80" 29' 30" E FOR A DISTANCE OF 49 1.04 FEET TO A POINT ON THE NORTHWEST LINE OF HOLLEMAN DRIVE
(VARIABLE WIDTH R.O.W.), SAlD POINT BEING IN A COUNTERCLOCKU'ISE CURVE HAVING A RADIUS OF
1045.00 FEET;
THENCE: ALONG THE NORTHWEST LINE OF HOLLEMAN DRIVE AND ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 01" 22' 54"FOR AN ARC DISTANCE OF 25.20 FEET (CHORD BEARS: S 46" 59' 07" W - 25.20 FEET) TO A POINT;
THENCE: THROUGH SAID LOT 1 FOR THE FOLLOWING CALLS:
N 80" 29' 30" W FOR A DISTANCE OF 466.66 FEET TO A POINT;
S 50" 49'02" W FOR ADISTANCE OF 266.72 FEET TO A POMT ON THE COMMON LTNE OF SAID LOT 1 AND SAID
8.2 1 ACRE TRACT;
THENCE: N 49" 28' 20" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID 8.2 1 ACRE TRACT FOR A DISTANCE OF
18.70 FEET TO THE POINT OF BEGINNING CONTAINING 0.35 OF AN ACRE OF LAND, MORE OF LESS, AS SURVEYED ON
THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS
OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:/WORK/MAB/08- I O5.MAB
1
175
Application for Abandonment of
a Public Right-of-WayJEasement
Located: 35 ~o\\~w(*c? DMv~ EOS~
EXHIBIT NO. 2
Attached are two copies of a plat or detailed sketch of the public right-of-wayleasement
sought to be abandoned in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which the
portion of the public right-of-wayleasement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right-of-wayleasement sought
to be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
Page 5 of 8
176
WOLF PEN CREEK SCALE: 1" = 100'
EXISTING 20' EASEMENT
8.21 ACRE TRACT
RING SYSTEM SHOWN
ED ON GRID NORTH A
M GPS OBSERVATION.
LOT 1, BLOCK 1
RIVER OAKS SUBDIVISION
PLAT 8194/181
177
Application for Abandonment of
a Public Right-of-WaylEasement
Located: 305 #OI(~M?CAYI Dri ~e E-+
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisio~is of our respective franct~ises with the City of College Station, that portion of
the public right-of-waylutility easement sought to be abandoned in the Application for
Abandonment above referred to, do
described portion thereof.
ATMOS ENERGY
BY: IJ/A
Title N ,/A
VERIZON TELEPHONE COMPANY
BY: N/A
Title N /A
SUDDENLINK COMMUNICATIONS
BRYAN TEXAS UTII-ITIES
BY: N!A
Title /
Page 6 of 8
178
Application for Abandonment of
a Public Right-of-WaylEasement
EXHIBIT NO. 4
The undersigned, City staff of the Ci of College Station. certify that the have camfully
considered the Applicatiin for Abandonment of the public right-o ! -wayleasement
referred to above from the standpoint of City of Cdlege Station ordinances and with
respect to present and future needs of the City of College Statlon and see no objection
to the requested abandonment from the City's standpoint.
liege Station
4
zonin O%&&
-<--
I Fire Marshal
City o College Station City of College Station
Electric Department
City of College Station
Water Servlces Department
City of College Station
'Page 7 of 8
179
02/27/2008 11:33 FAX 979 784 3452 COLLEGE STATION PUB.UTL. + DEV SERVICES rn 001
Application for Abandonment of
a Public Right-of-WayIEasement
Located; 5 *\ urnah DViu C F-5
EXHIBIT NO. 4
The undersigned, City staff of the City of Callege Station, certify that the have carefully
considered the Application for Abandonment of the public right-o 7 -way/easement
referred to above From the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
City Engineer. Building Official
City of College Station City of College Station
Zoning Official
City of College Station
Fire Marshal
City of College Station
Electric Department -
City of College Station
Page 7 of B
180
02/27/2008 10:51 FAX 979 764 3452 COLLEGE STAT1 ON PLrB . UTL .
Ap lication far Abandonment of
a 3 ublic Right-of-WayIEasement
Located: 35 b\ kmh Dfid C E-
EXHIBIT NO. 4
'The bndersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-wayleasement
referred to above from the standpoint of Ci of College Station ordinances and with
respect to present and future needs of the City of College Station and see no abjection
to the requested abandonment from the City's standpoint.
City Engineer Buildin&Mfcial
City of College Station Crty of ollege Station
aning OfTicial Fire Marshal
City of College Station City of College Station
hater Se~icas Department
City of College Station
Page 7 of 6
181
Application for Abandonment of
a Public Right-of-WayIEasement
Located: 30% t \CI/Y)CLVI T>&v~ -f
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
wayleasement named and described in the Application for Abandonment of a Public
Right-of-WayIEasement referred to above, do hereby consent to such abandonment.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
Page 8 of 8
182
March 27, 2008
Regular Agenda Item 6
Parking restrictions on Longmire Drive and Longmire Court
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Improvement Department
Agenda Caption: Public Hearing, presentation, possible action, and discussion
concerning consideration of an ordinance amending Chapter 10, “Traffic Code,” to remove
parking on certain sections of Longmire Drive north of Airline Drive and Longmire Court.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: This item will amend Chapter 10, “Traffic Code,” by removing parking on
certain sections of Longmire Drive between Airline Drive and Valley View Drive, and
removing parking on Longmire Court. Bike lanes will be added to Longmire as part of the
2005 Bike Loop project from Airline Drive to Longmire Court. Parking will need to be
removed from both sides of Longmire from Airline Drive to FM 2818, and on the west side of
Longmire from FM 2818 to Valley View Drive. Parking will be consolidated to the east side
only in a designated area (Exhibit B). The parking will also be removed from Longmire
Court where the bike lanes will continue to the Bee Creek crossing, making the connection
with the Bike Loop.
A letter was sent to the impacted property owners notifying them of the proposed ordinance
and this Public Hearing where it would be presented to council.
Budget & Financial Summary: The “NO PARKING” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1.) Ordinance
2.) Exhibit B – Proposed Parking Removal
3.) Project Map
183
184
185
O/group/legal/ordinance/amendmentform.doc
Rev. 2/07
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
SCHEDULE XII AS REFERENCED IN SUB-SECTION E.2 OF SECTION 4 THEREOF;
PROHIBITING PARKING ALONG CERTAIN PORTIONS OF LONGMIRE DRIVE AND
LONGMIRE COURT; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 10, “Traffic Code”, of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed liable for a civil offense and/or guilty of a Class C misdemeanor,
and, upon a finding of liability thereof, shall be punished by a civil penalty of not
less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), or
upon conviction thereof, shall be punished by a fine of not less than Twenty-five
Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance
becomes effective ten (10) days after date of passage by the City Council, as
provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this ______ day of ________________________, 2008.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
E-Signed by Angela M. DeLuca
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
186
ORDINANCE NO.__________________ Page 2
O/group/legal/ordinance/amendmentform.doc
Rev. 2/07
EXHIBIT “A”
That the Traffic Control Device Inventory - Schedule XII (dated February 22, 2007) as
referenced in Chapter 10, “Traffic Code”, Section 4, “Administrative Adjudication of Parking
Violations,” Sub-section E is hereby amended to include the following:
“Longmire Drive – No parking on the west side of Longmire Drive between
Airline Drive and Valley View Drive.
Longmire Drive – No parking along the east side of Longmire Drive between
Airline Drive and Valley View Drive except for designated parking areas.
Longmire Court – No parking on both sides of Longmire Court.”
187
March 27, 2008
Regular Agenda Item 7
Committee Appointments
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding appointments
to Outside Agency Funding Review Committee.
This item is on the agenda to select two citizens to fill Places 3 and 4 on this Committee.
Current members Gregg Baird and Charles Taylor did not reapply. Terms are for three
years.
The committee reviews all request for funding other than: Community Development Block
Grant funding, request, funding requests from agencies with City Council appointed board
members or funding request for Hotel Tax funds from agencies eligible to receive Hotel Tax
Funds. The Committee makes recommendations to the City Council for their consideration.
Attachments:
Membership
Applications
Susan Irza
Amanda Dotzon
Scott Rodkey
188
Outside Agency Funding Review Committee
Name Original
Appt.
Address Phone
Sheryl Welford, Chair 3200 Salzburg Court W:764-5460
03/2009 (Place 5) 2006 College Station 77845 H: 695-1680
Charles Taylor, Vice Chair 1602 Panther Lane W:696-2212x101
03/2008 (Place 3) 2006 College Station 77840 H: 268-9989
Donald Braune 300 Stoney Hill Ct. W:N/A
03/2010 (Place 1) 2007 College Station 77845 H: 690-6215
Stephen Sweet 2113 Chippendale Street W: 862-2323
03/2010 (Place 2) 2007 College Station 77845 H: 764-8469
Gregg Baird 2009 Ravenstone Loop W: 696-5789
03/2008 (Place 4) 2006 College Station 77845 H: 777-5577
Don Lewis 1012 Holt W: 229-1022
03/2009 (Place 6) 2006 College Station 77845 H: 229-1022
Chad Jones 4407 Edinburgh Place W:823-7300
03/2009 (Place 7) 2006 College Station 77845 H: 220-3922
Duties and Responsibilities
College Station Outside Agency Funding Review Committee will review all requests for funding
other than: Community Development Block Grant (CDBG) funding requests, funding requests
from agencies with City Council appointed board members or funding requests for Hotel Tax
funds from agencies eligible to receive Hotel Tax Funds. The College Station Outside Agency
Funding Review Committee will make recommendations to the City Council for their
consideration.
Membership
The College Station Outside Agency Funding Review Committee will consist of 7 members from
the City of College Station to be appointed by the College Station City Council. Upon initial
appointment, places 1 and 2 will serve 1 year terms; place 3 and 4 will serve 2 year terms; and
places 5, 6, and 7 will serve 3 year terms. Thereafter, each place shall be appointed to 3 year
terms for no more that 2 consecutive terms.
Meetings
On call by Chairman
Authority
City Resolution No. 2-23-2006-10.14 adopted February 23, 2006.
189
Form Name: Date Submitted: 2/13/2008 11:59:03 AM
Apply For A Citizen Committee
Name: Susan Irza
Home Address: 605 Summerglen Drive
Telephone: 260-2449
Fax:
E-mail: susanirza@yahoo.com
College Station Resident for ____ years: 12 years
Subdivision: Glenhaven
Voter Registration Number: 1040965820
Business Owner: No
Business Name:
Occupation: Retired - Director of Human Resources for TAMU
Work Address:
Work Telephone:
Work Fax:
Work E-mail:
Education: Masters Degree in Public Administration
Position Sought (No. 1 being most preferable and No. 3 being least preferable): Outside
Agency Funding Review Committee, ,
If you currently serve on any other committees, boards or commissions, please list them
here:
Please list any experience or interest that qualifies you to serve in the position desired:
2007 Graduate of CS Citizens University; 2007 outside review panel for Brazos Valley
Arts Council funding requests; previous experience on United Way funding review
panels
In compliance with Chapter 552, Government Code (Public Information Act),
information related to the applicant's home address, home telephone number, and e-mail
address shall be made available to the public, unless the applicant chooses not to release
the information. Release information?: Yes
190
From: "City of College Station -" <info@ci.college-station.tx.us>
To: <chooks@cstx.gov>
Date: 2/14/2008 8:47:01 AM
Subject: Response to Apply For A Citizen Committee
Form Name: Date Submitted: 2/14/2008 8:44:03 AM
Apply For A Citizen Committee
Name: Amanda Dotson
Home Address: 3708 Bridle Trails; College Station, TX 77845
Telephone: 979-690-2491
Fax:
E-mail: winags@suddenlink.net
College Station Resident for ____ years: 7.5
Subdivision: Bridlegate Estates
Voter Registration Number: 1041245863
Business Owner: No
Business Name: Texas A&M University System
Occupation: Internal Audit Manager
Work Address: 200 Technology Way Suite 2192; College Station, TX 77845
Work Telephone: 979-458-7135
Work Fax: 979-458-7111
Work E-mail: adotson@tamu.edu
Education: BBA Accounting Summa Cum Laude from Texas A&M University; MBA
from TAMU-Texarkana
Position Sought (No. 1 being most preferable and No. 3 being least
preferable): Outside Agency Funding Review Committee, ,
If you currently serve on any other committees, boards or commissions,
please list them here:
Please list any experience or interest that qualifies you to serve in
the position desired: CPA for 10 years Treasurer of Bridlegate Estates
HOA Graduate of Citizens University & Citizens Police Academy
In compliance with Chapter 552, Government Code (Public Information
Act), information related to the applicant's home address, home
telephone number, and e-mail address shall be made available to the
public, unless the applicant chooses not to release the information.
Release information?: No
CC: <vcasares@cstx.gov>, <bnugent@cstx.gov>
191
- - - - -. - - - - - - - - - - - - - - 1 (2118/2008) . - - Connie Hooks - Response to Apply For A Citizen Committee - - - - . . . . - --- -- -_ - Page I I
"___ _ /
From: "City of College Station -" <info@ci.college-station.tx.us>
To: ~chooks@cstx.gov~
Date: 2/17/2008 6:50 PM
Subject: Response to Apply For A Citizen Committee
CC: ~vcasares@cstx.gov~, <bnugent@cstx.gov>
Form Name: Date Submitted: 211 712008 6:11:24 PM
Apply For A Citizen Committee
Name: Scott Rodkey
Home Address: 3696 Preakness Circle
Telephone: 690-5380
Fax: same
E-mail: scottrodkey@yahoo.com
College Station Resident for - years: 1
Subdivision: Woodlake
Voter Registration Number: 1 145271604
Business Owner: No
Business Name:
Occupation: Scientist (retired)
Work Address:
Work Telephone:
Work Fax:
Work E-mail:
Education: B.A., Ph.D.
P~sition Sought (No. 1 being most preferable and No. 3 being least
preferable): Outside Agency Funding Review Committee, ,
If you currently serve on any other committees, boards or commissions,
please list them here:
Please list any experience or interest that qualifies you to serve in
the position desired: I have served on grant review panels for the
National Institutes of Health, NASA, the National Science Foundation,
the Oklahoma Health Research Program, the International Science
Foundation, the John Sealy Research Foundation and numerous small
agencies. I have reviewed well over 4,000 applications for funding from
these agencies at the national, regional and state levels and served as
review panel chairman numerous times. I'm very good at this kind of
thing.
In compliance with Chapter 552, Government Code (Public Information
Act), information related to the applicant's home address, home
telephone number, and e-mail address shall be made available to the
public, unless the applicant chooses not to release the information.
Release information?: No
192