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HomeMy WebLinkAbout09/27/2018 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers6:00 PMThursday, September 27, 2018 1. Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request. Presentation • Proclamation for the College Station Firefighters "Fill the Boot" for the Muscular Dystrophy Association. Hear Visitors: During this time a citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the Office of the City Secretary. This form should be completed and returned to the office by 5:30 PM on the day of the Council meeting. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state . Speakers are encouraged to identify their College Station neighborhood or geographic location. Each speaker's remarks are limited to three minutes. A group of five or more may register at the Office of the City Secretary by 5:30 PM on the day of the meeting and designate an individual to speak for 10 minutes on their behalf. All signers must be in attendance when the speaker is introduced and may not speak individually during Hear Visitors. A speaker who wishes to include computer -based information while addressing the Council must provide the electronic file to the City Secretary by noon on the day of the Council meeting. During presentations a series of timer lights will change from green to yellow and an alarm will sound after two and one -half or nine and one -half minutes to signal thirty seconds remaining. When time expires the timer light will change to red, the final alarm will sound, and the speaker must conclude the remarks. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent 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. 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. Page 1 College Station, TX Printed on 9/21/2018 September 27, 2018City Council Regular Meeting Agenda - Final Presentation, possible action, and discussion of minutes for: • September 5, 2018 Special • September 13, 2018 Workshop • September 13, 2018 Regular 18-06172a. Sponsors:Smith SM090518 DRAFT Minutes WKSHP091318 DRAFT Minutes RM091318 DRAFT Minutes Attachments: Presentation, possible action, and discussion on a BuyBoard Contract purchase for traffic signal cabinets from Paradigm Traffic Systems Inc. for $138,750. 18-05082b. Sponsors:Harmon PO#18206477Attachments: Presentation, possible action, and discussion regarding renewing the Xpedient Mail contract for printing and mailing services in the amount of $230,000. 18-05582c. Sponsors:Leonard Contract 15300340 Xpedient Mail Ren2Attachments: Presentation, possible action, and discussion to authorize expenditure of funds for FY 2019 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. 18-05812d. Sponsors:Leonard 2019 Exemptions List Over $100KAttachments: Presentation, possible action, and discussion on resolution adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance” Division 2 “Fees, Rates and Charges” of the Code of Ordinances. 18-05912e. Sponsors:Leonard Update Summary for Council - Revised FY 18-19 Fees Rates and Charges Resolution 9-18-18.docx Attachments: Presentation, possible action, and discussion regarding City of College Station Excess Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability, Auto Property Damage, Cyber Liability, Unmanned Aircraft liability and 18-05972f. Page 2 College Station, TX Printed on 9/21/2018 September 27, 2018City Council Regular Meeting Agenda - Final property; Special Events policies for Fiscal Year 2019. FY19 premiums for all lines of coverage are not to exceed $512,000. Sponsors:Pond Presentation, possible action, and discussion regarding increasing the FY 2018 expenditure limit for the purchase of Police uniforms, body armor and accessories from Miller Uniforms & Emblems by $55,000 for a new FY 2018 expenditure limit of $145,000. 18-05982g. Sponsors:McCollum Presentation, possible action, and discussion on an ordinance amending Chapter 38, "Traffic and Vehicles," Article II, "Stopping, Standing and Parking," Division I, "Generally," Section 38-42 by adding language for towing unlawfully parked vehicles. 18-06022h. Sponsors:Eller CH 38 Sec 38-42 Ord AmendAttachments: Presentation, possible action, and discussion on an ordinance amending Chapter 8 "Business," Article V "Home Solicitation and Itinerant Vendors," Division 1 and 2 of the Code of Ordinances related to home solicitation. 18-06042i. Sponsors:McCollum CH 8 Art 5 Home Sol Ord Amend 9-6-18 PDF Redline CH 8 Art 5 Home Sol Ord Amend 9-6-18 Clean Attachments: Presentation, possible action, and discussion on approving a contract for the grant of federal HOME Investment Partnership Program Grant (HOME) Community Housing Development Organization (CHDO) Set-Aside funds with Elder-Aid, Inc. in the amount of $200,000 for acquisition and rehabilitation of two (2) existing dwelling units located at 3416-3418 Normand to be used as affordable rental housing for income-eligible elderly households. 18-06052j. Sponsors:Eller Attachment 1-Contract Attachment 2-Location Map Attachments: Presentation, possible action, and discussion on purchasing traffic signs, prefabricated signs and sign blanks from Vulcan Signs Inc. for $54,224.50 and presentation, possible action and discussion on purchasing traffic sign hardware and posts from Dobie Supply for $61,585 both totaling $115,809.50. 18-06072k. Sponsors:Harmon Page 3 College Station, TX Printed on 9/21/2018 September 27, 2018City Council Regular Meeting Agenda - Final Bid 18-114 Tab.pdf 19300028 - Vulcan Inc, dba Vulcan Signs 19300027 - Dobie Supply LLC Attachments: Presentation, possible action, and discussion on an Advance Funding Agreement (AFA) between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the Cain/Deacon project. 18-06082l. Sponsors:Harmon Ready for Partial Execution - FM 2154 Deacon&Cain AFA.pdf RES AFA deacon FM 2154.docx Attachments: Presentation, possible action, and discussion regarding the approval of six master agreements for Real Estate Appraisal Services: Duff & Phelps, LLC; JLL Valuation & Advisory Services, LLC; Lowery Property Advisors, LLC; Paul Hornsby & Company; S .T. Lovett & Associates; Valbridge Property Advisors. Approval of these agreements will authorize the City Manager or his delegate to approve service orders for each project within the terms of each master agreement. 18-06092m. Sponsors:Harmon Presentation, possible action, and discussion on approval of an amendment to the funding agreement between the City of College Station and Experience Bryan College Station (formerly Brazos Valley Convention and Visitors Bureau) increasing the amount for FY 18 by $194,423 for a total of $594,423 related to the CVB Grant Program. 18-06132n. Sponsors:Leonard Amendmt #1 BCS ConvenVisit BureauAttachments: Presentation, possible action, and discussion on the second reading on a non-exclusive Pipeline Franchise Ordinance for Oil or Gas operations with Hawkwood Energy Midstream, LLC to construct, operate, maintain, remove, replace and repair pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products and byproducts. 18-06312o. Sponsors:Nettles Hawkwood FranchiseAttachments: Presentation, possible action, and discussion on an ordinance amending Chapter 12, “Emergency Management and Emergency Services,” Article IV, “Alarm Systems,” of the Code of Ordinances regarding false alarm fees. 18-06382p. Page 4 College Station, TX Printed on 9/21/2018 September 27, 2018City Council Regular Meeting Agenda - Final Sponsors:Dotson Ch 12 Alarm Sys Ord Amend 4-27-18.docxAttachments: Presentation, possible action, and discussion on an ordinance amending Chapter 2, "Adminstration," Article V, "Finance," Division 2 "Fees, Rates and Charges," Section 2-120 and Section 2-122 of the Code of Ordinances regarding Fire Department and Planning and Development Services afterhours inspection fees. 18-06392q. Sponsors:Dotson CH 2 Admin Fire and Planning Inspection Ord Amend 4-27-18.docxAttachments: Presentation, possible action, and discussion of proposed changes to the guidelines for the City ’s housing assistance program funded with grants from the U. S. Department of Housing and Urban Development. 18-06032r. Sponsors:Eller Attachment 2 Down Payment Assistance Program Guidelines Attachment 3 Minor Home Repair Program Guidelines Attachment 4 Housing Rehabilitation Program Guidelines Attachment 5 Housing Reconstruction Program Guidelines Attachment 6 Rental Rehabilitation Loan Program Guidelines Attachments: Regular Agenda Individuals who wish to address the City Council on an item posted as a Public Hearing shall register with the Office of the City Secretary. Registration forms are available in the Office of the City Secretary. This form should be completed and returned to the office by 5:30 PM on the day of the Council meeting. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Each speaker's remarks are limited to three minutes. A group of five or more may register at the Office of the City Secretary by 5:30 PM on the day of the meeting and designate an individual to speak for 10 minutes on their behalf. All signers must be in attendance when the speaker is introduced and may not speak individually during that Public Hearing. A speaker who wishes to include computer -based information while addressing the Council must provide the electronic file to the City Secretary by noon on the day of the Council meeting. During presentations a series of timer lights will change from green to yellow and an alarm will sound after two and one -half or nine and one -half minutes to signal thirty seconds remaining. When time expires the timer light will change to red, the final alarm will sound, and the speaker must conclude the remarks. If Council needs additional information from the general public after the Public Hearing is closed some limited comments may be allowed at the discretion of the Mayor. Comments should not personally attack other speakers, Council or staff. Public Hearing, presentation, possible action, and discussion on an 18-05921. Page 5 College Station, TX Printed on 9/21/2018 September 27, 2018City Council Regular Meeting Agenda - Final ordinance (Budget Amendment 3) amending Ordinance No. 2017-3936 which will amend the budget for the 2017-2018 Fiscal Year and authorizing amended expenditures as therein provided. Sponsors:Leonard Ordinance FY18 BA#3 09.20.19.docx Attachments: Presentation, possible action, and discussion on an ordinance adopting the City of College Station 2018-2019 Budget; and presentation, possible action and discussion ratifying the property tax revenue increase reflected in the budget. 18-05942. Sponsors:Leonard Appendix A1 - FY19 Attachment A_ IT submission 2019 Budget Ordinance Attachments: Presentation, possible action, and discussion on approval of an ordinance adopting the City of College Station 2018-2019 ad valorem tax rate of $0.505841 per $100 assessed valuation, the debt service portion being $0.220339 per $100 assessed valuation and the operations and maintenance portion being $0.285502 per $100 assessed valuation. 18-05933. Sponsors:Leonard Appendix A2 - FY19 Tax Rate OrdinanceAttachments: Presentation, possible action, and discussion regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. 18-05634. Sponsors:Smith 5. Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated 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. 6. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on September 21, 2018 at 5:00 p.m. _____________________ Page 6 College Station, TX Printed on 9/21/2018 September 27, 2018City Council Regular Meeting Agenda - Final City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary ’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx .gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 7 College Station, TX Printed on 9/21/2018 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0617 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:9/11/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion of minutes for: • September 5, 2018 Special • September 13, 2018 Workshop • September 13, 2018 Regular Sponsors:Tanya Smith Indexes: Code sections: Attachments:SM090518 DRAFT Minutes WKSHP091318 DRAFT Minutes RM091318 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: • September 5, 2018 Special • September 13, 2018 Workshop • September 13, 2018 Regular Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary:N/A Budget & Financial Summary: None Attachments: • September 5, 2018 Special • September 13, 2018 Workshop • September 13, 2018 Regular College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ SM090518Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING CITY OF COLLEGE STATION SEPTEMBER 5, 2018 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Barry Moore John Nichols James Benham - absent City Staff: Jeff Capps, Interim City Manager Carla Robinson, City Attorney Tanya McNutt, City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Mooney at 7:00 p.m. on Wednesday, September 5, 2018 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 2. Public hearing, presentation, possible action and discussion on the City of College Station 2019 advertised ad valorem tax rate of $0.505841 per $100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. Mary Ellen Leonard, Director of Finance, presented the first of two public hearings on the tax rate. The proposed tax rate of 50.5841 cents per $100 assessed valuation will generate $46,434,418 in taxes. The certified property valuation totaled $9,487,074,377 billion, which is a total increase of $584,983,822 or approximately a 6.57% increase in value over last year. The effective tax rate is 47.8968 cents per $100 assessed valuation. The current tax rate is 49.75 cents per $100 assessed valuation, and the proposed tax rate is 50.5841 cents per $100 assessed valuation. If adopted, the SM090518Minutes Page 2 proposed tax rate per $100 of assessed valuation would be 50.5841 cents and would provide 22.0339 cents for debt service and 28.5502 cents for operations and maintenance. This tax rate meets the Debt Service requirements, and funds the proposed General Fund budget. The FY19 Budget reflects a .8341 cent per $100 assessed valuation tax increase related to the 5% Homestead exemption to provide property tax relief to permanent city residents and to shift a small portion of the tax burden off of permanent residents to other taxpayers in the community. Therefore, we are proposing that FY19 budgeted revenue be 2.5% over the FY18 yearend estimate or $29.9 million. At approximately 7:05 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:05 p.m. Mayor Mooney announced that the second public hearing will be held on Thursday, September 13, 2018, and the Council will vote on the tax rate on Thursday, September 27, 2018 at 6:00 p.m. in City Council Chambers at City Hall. 3. Adjournment. MOTION: There being no further business, Mayor Mooney adjourned the Special Meeting of the City Council at 7:06 p.m. on Wednesday, September 5, 2018. ________________________ Karl Mooney, Mayor ATTEST: _________________________ Tanya Smith, City Secretary WKSHP091318 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION SEPTEMBER 13, 2018 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Barry Moore John Nichols James Benham City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 2:00 p.m. on Thursday, September 13, 2018 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 2:00 p.m. on Thursday, September 13, 2018 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and  McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas  City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas  Maura Juarez Garcia v. Andres Garcia and City of College Station; Cause No. 18-000419- CV-85; In the 85th District Court, Brazos County, Texas. WKSHP091318 Minutes Page 2 B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Council self-evaluation  City Manager The Executive Session recessed at 5:05 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items 2c, 2g, and 2i were pulled from Consent for clarification. 2c): Donald Harmon, Public Works Director, stated that the project includes improvements to the safety and capacity at the FM 2154 and Holleman intersection. FM 2154 will be elevated to reduce the grade difference with the railroad crossing, and Holleman will be widened to accommodate dedicated right and left turn lanes in both directions. There will be new railroad and traffic signals. An Advanced Funding Agreement (AFA) is being developed for TXDOT participation in this project; COCS will manage design contract as well as utility relocation and TXDOT will manage bidding and construction. This project will be eligible for a future “Quiet Zone” at railroad crossings, which will may be applied for at a future date. 2g): Alan Gibbs, Assistant Director of Water Services, stated that this contract has already been executed but is coming before Council for ratification. This contract with Hawkwood Energy LLC is for the purchase pond water from the City’s water wellfield property called Hanson South and is structured similarly to other similar contracts approved this year. The cost of $0.10 is within industries standards. He also gave clarification on the source of the water, recharge capabilities, and the risk of depletion, which is low. 2i): Aubrey Nettles, Special Projects Coordinator, stated that this franchise agreement is a housekeeping item after the proposed franchisee, Hawkwood Energy Midstream, purchased Halcon Energy, who had a current franchise agreement with the City. Hawkwood agrees to assume the costs of the pervious franchisee and shall pay to the City an annual franchise fee of $1.00 per linear foot of the pipeline franchise area, plus an annual fee of $1,000 for each road or street boring/crossing. 5. Presentation, possible action, and discussion to an amendment to Code of Ordinance for Fees for Alarms for Fire. Eric Dotson, Fire Marshall, stated that the ordinance outlines changes to Chapter 12, "Emergency Management and Emergency Services" of the Code of Ordinances by enabling the Fire Department to charge a fee if a user has more than three false alarms in a twelve month period. The proposed false alarm fees are comparable to the Police Department false alarm fees that hav e been in place for several years. The Police Department fees are as follows: WKSHP091318 Minutes Page 3 1. 1-3 false alarms $0.00 2. 4-5 false alarms $50.00 for each false alarm 3. 6-7 false alarms $75.00 for false alarm 4. 8 or more alarms $100.00 for each false alarm The proposed Fire Department false alarm fees are: 1. 1-3 false alarms $0.00 2. 4-5 false alarms $85.00 for each false alarm 3. 6-7 false alarms $110.50 for false alarm 4. 8 or more alarms $143.65 for each false alarm Mr. Dotson stated that these fees are calculated from the Texas Intrastate Fire Mutual Aid System guidelines of an engine and crew Majority of Council was in support of the proposed false alarm fees. 6. Presentation, possible action, and discussion on an ordinance amending Chapter 2, “Administration,” Article V, “Finance,” Division 2 “Fees, Rates and Charges”, Section 2-120 and Section 2-122 of the Code of Ordinances regarding Fire Department and Planning and Development Services afterhours inspection fees. Eric Dotson, Fire Marshall, stated that this item is to allow a means for after hour inspections upon written request and approval from the Fire Marshal or Building Official for an after hour inspection in the case of extenuating circumstances. The proposed changes would allow the Fire Department and Planning and Development Services Department to charge a fee of $75 per hour for after hour inspection requests. After hours for both departments is defined as anytime other than Monday- Friday 8 a.m. - 5 p.m. The inspection fee of$75.00 per hour is per inspector with a 2 hour minimum charge. Council directed staff to move forward of the proposed inspection fees. 7. Council Calendar Council reviewed the calendar. 8. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, FBT/Texas Aggies Go to War, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks an d Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Transportation and Mobility Committee, TAMU Economic WKSHP091318 Minutes Page 4 Development, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Walk with the Mayor, YMCA, Youth Advisory Council, Zoning Board of Adjustments. No meetings to report at this time. 9. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 5:29 p.m. on Thursday, September 13, 2018. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary RM091318 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION SEPTEMBER 13, 2018 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Barry Moore John Nichols James Benham City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Mooney at 6:00 p.m. on Thursday, September 13, 2018 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Proclamation declaring September 15th as Thank a Police Officer Day. Mayor Mooney presented the proclamation and proclaimed September 15, 2018 as Thank a Police Officer Day. Present to accept the proclamation were members of the College Station Police Department. Proclamation declaring September 17th through 23rd as Constitution Week. Mayor Mooney presented the proclamation and proclaimed September 17-23, 2018 as Constitution Week. Present to accept the proclamation was the La Villita Chapter of the Daughters of the American Revolution. Historic Marker 98 for 1106 Carolina, presented to Dr. Walden RM091318 Minutes Page 2 Gerald Burgner, Historic Preservation Committee Chairperson, provided a brief overview of the Historic Marker program. Mayor Mooney and Linda Harvell presented Historical Marker 98 to Dr. Walden for a residence located at 1106 Carolina. Also present were members of the Historical Preservation Committee. Hear Visitors Comments James Benham, College Station, came before Council to honor the service and sacrifice of Marine Lance Cpl. Seth Huston. Mary Fran Troy, College Station Library Advisory Committee Member, came before Council to voice her concerns about the 7 month closure of the Larry Ringer Library due to construction. Mrs. Troy said it unacceptable that the library will be closed for a full 7 months when she was told the library would only close intermittently during construction. . She also would like Council to find alternatives for the library services that the community relies on, such as book pick up and drop off. Susan Adams, College Station, came before Council with her concerns surrounding the library closure that will last for 7 months. Mrs. Adams would like to see an alternative method for book pick up and drop off during that time. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  August 20, 2018 Budget Meeting  August 21, 2018 Budget Meeting  August 23, 2018 Workshop Meeting  August 23, 2018 Regular Meeting 2b. Presentation, possible action, and discussion regarding the approval of the professional design services contract with Kirksey Architecture for the design of a New City Hall building for an amount not to exceed $2,040,000. 2c. Presentation, possible action, and discussion on a professional services contract (Contract No. 18300627) with Binkley & Barfield in the amount of $382,122.55 for the professional engineering services related to the design of the FM 2154 and Holleman Intersection Project. 2d. Presentation, possible action, and discussion regarding the second renewal of the Janitorial Services Contract for City facilities and the Northgate District with Andrews Building Service, Inc. for $259,978.42. 2e. Presentation, possible action, and discussion on the consideration of Ordinance No. 2018- 4038 amending Chapter 38, “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1003 “Traffic Schedule III, Stop Signs” of the Code of Ordinances by implementing a temporary all-way stop at the intersection of Keefer Loop and Rock Prairie Road West during construction of the Holleman Drive South construction project and after project completion and when the signs are removed the intersection reverts to its original state with no stop signs. RM091318 Minutes Page 3 2f. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Primoris T&D Services, LLC, for the construction of the Graham Road Substation in the amount of $4,256,573.44 T&D Services, LLC, plus owner furnished material of $1,768,599.67, for a total bonded project requirement of $6,025,173.11. 2g. Presentation, possible action, and discussion regarding the ratification of a contract for Hawkwood Energy LLC to purchase pond water from the City’s water wellfield property called Hanson South. 2h. Presentation, possible action, and discussion regarding approval of the first renewal of the City’s annual copy and print services blanket orders with estimated annual expenditures of: Alpha graphics (formerly Tops Printing) $80,000; Copy Corner $40,000. The total not to exceed amount is $120,000 for Copy and Print Services. 2i. Presentation, possible action, and discussion on the first reading on a non-exclusive Pipeline Franchise Ordinance for Oil or Gas operations with Hawkwood Energy Midstream, LLC to construct, operate, maintain, remove, replace and repair pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products and byproducts. 2j. Presentation, possible action, and discussion regarding the second renew al of a contract for Annual Padmount Equipment Repair and Restoration with Utility Restoration Services Inc. in the amount of $256,384. 2k. Presentation, possible action, and discussion regarding the fiscal year FY 18 funding of $1,073,572 to the Phase II Systems dba Public Agency Retirement Services (PARS) OPEB Trust. 2l. Presentation, possible action, and discussion regarding approval of construction contract 18300633 with Hurricane Fence Company in the amount of $101,248.30 for replacing the security fencing at Water Wells 1, 2, and 3 facilities along Sandy Point Road. 2m. Presentation, possible action, and discussion concerning the passage and approval of Resolution No. 09-13-18-2m of the City of College Station, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2018 rate review mechanism filings and approving a settlement agreement with attached rate tariffs and proof of revenues. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion on the City of College Station 2019 advertised ad valorem tax rate of $0.505841 per $100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. RM091318 Minutes Page 4 Mary Ellen Leonard, Director of Finance, presented the first of two public hearings on the tax rate. The proposed tax rate of 50.5841 cents per $100 assessed valuation will generate $46,434,418 in taxes. The certified property valuation totaled $9,487,074,377 billion, which is a total increase of $584,983,822 or approximately a 6.57% increase in value over last year. The effective tax rate is 47.8968 cents per $100 assessed valuation. The current tax rate is 49.75 cents per $100 assessed valuation, and the proposed tax rate is 50.5841 cents per $100 assessed valuation. If adopted, the proposed tax rate per $100 of assessed valuation would be 50.5841 cents and would provide 22.0339 cents for debt service and 28.5502 cents for operations and maintenance. This tax rate meets the Debt Service requirements, and funds the proposed General Fund budget. The FY19 Budget reflects a .8341 cent per $100 assessed valuation tax increase related to the 5% Homestead exemption to provide property tax relief to permanent city residents and to shift a small portion of the tax burden off of permanent residents to other taxpayers in the community. Therefore, we are proposing that FY19 budgeted revenue be 2.5% over the FY18 yearend estimate or $29.9 million. At approximately 6:36 p.m., Mayor Mooney opened the Public Hearing. Mike Lee, College Station, stated that most people do not understand why the tax rate is constantly increasing. Mr. Lee explained that the tax value of your home is based on the property value that continues to rise; therefore, the city does not have to raise the tax rate for the owner to see an increase in the effective tax due to property values. Michael Nibert, College Station, stated that he was agreement with the thoughts of Mike Lee and added that when increasing the tax rate the City should take into consideration its senior citizens. There being no further comments, the Public Hearing was closed at 6:43 p.m. Mayor Mooney announced that the Council will vote on the tax rate on Thursday, September 27, 2018 at 6:00 p.m. in City Council Chambers at City Hall. 2. Public Hearing, presentation, possible action, and discussion on the City of College Station FY2018-2019 Proposed Budget. Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are proposed at $252,279,750 and the Capital portion is proposed at $108,400,352 for a total proposed budget of $360,680,102. The FY2018-2019 Budget is scheduled to be adopted in Council Chambers on Thursday, September 27, at 6:00 p.m. At approximately 6:44 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 6:45 p.m. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-4039 vacating and abandoning a 0.138 acre, 15-foot wide Public Utility Easement lying within Lots 1-14, Block 3 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas. RM091318 Minutes Page 5 Erika Bridges, Planning and Development, stated that this public utility easement abandonment accommodates the expansion of the existing St. Mary’s church. There are currently no public utilities located within the easement. The 0.138 acre, 15-foot wide Public Utility Easement is located within Lots 1-14, Block 3 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas. Staff recommended approval of the ordinance. At approximately 6:46 p.m., Mayor Mooney opened the Public Hearing. Glenn Schroeder, College Station, stated that he is the Director of Administration at St. Mary's and has come before Council to answer any questions. There being no further comments, the Public Hearing was closed at 6:47 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Moore, the City Council voted six (6) for and none (0) opposed, with Councilmember Nichols abstaining, to adopt Ordinance No. 2018-4039 vacating and abandoning a 0.138 acre, 15-foot wide Public Utility Easement lying within Lots 1-14, Block 3 of Tauber Addition, according to the plat recorded in Volume 133, Page 182, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-4040 amendment to Appendix A, “Unified Development Ordinance,” Section 7.3.H “Number of Off-Street Parking Spaces Required” by amending certain sections relating to parking requirements. Rachel Lazo, Planning and Development, stated as part of the 2017 Planning & Zoning Commission Plan of Work, two community engagement meetings were held on April 30th to gather input on various neighborhood protection proposals, including UDO Section 7.3, Off-Street Parking Standards. Attendees were able to provide feedback via paper surveys at both community engagement meetings and an online survey was also open for a period of two weeks following the meetings. At the Planning & Zoning Commission Workshop meeting on June 21, 2018, the Commission recommended to remove the cap of no more than four parking spaces for a single family dwelling unit in areas designated Neighborhood Conservation on the Future Land Use Map, but to keep this cap in place for all other areas. On June 28, 2018, City Council concurred with this direction and directed staff to bring back the attached ordinance amendment. The Planning & Zoning Commission heard this item at their August 16th meeting and voted 4-1 to recommend approval. At approximately 6:59 p.m., Mayor Mooney opened the Public Hearing. Robert Rose, College Station, stated that large amount of concrete in neighborhoods could cause flooding and that the City should look at a requirement for permeable concrete or other materials that absorb water instead of causing increased amounts of runoff. Anjel Helms, College Station, stated that she would like to preserve the character of the older neighborhoods, which have a lot of surface area, and allowing additional surface area to be paved is not the best solution. RM091318 Minutes Page 6 There being no further comments, the Public Hearing was closed at 7:01 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Benham, the City Council voted six (6) for and none (1) opposed, with Councilmember Harvell voting against, to adopt Ordinance No. 2018-4040 amending Appendix A, “Unified Development Ordinance,” Section 7.3.H “Number of Off-Street Parking Spaces Required” by amending certain sections relating to parking requirements. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-4041 amending Appendix “A”, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district for approximately 147 acres, generally located between State Highway 47, Raymond Stotzer Parkway, Turkey Creek Parkway and the City limit from PDD Planned Development District to PDD Planned Development District, Repealing Ordinance Number 2012-3448 adopted on or about September 27, 2012; providing a severability clause, declaring a penalty; and providing an effective date. Alaina Helton, Planning and Development, stated that this request is to amend the terms and development standards of the BioCorridor PDD Planned Development District, covering approximately 147 acres that are generally located between State Highway 47, Raymond Stotzer Parkway, Turkey Creek Parkway and the City limit. The purpose of the BioCorridor Planned Development District is to provide a mixed-use zoning district that establishes a planned urban environment that promotes leading-edged international bio-technology. Each development thus far in the BioCorridor District has requested a variance of some type from the current standards of the ordinance. The proposed changes are intended to provide additional process and design flexibility for the District. PDD Sections Proposed Changes • Section 1.2.D.Use Table & Section 1.2.E.Prohibited Uses, to all "stand-alone multi-family on property with frontage on Turkey Creek Road”. • Section 1.3.Dimensional Standards, to increase the Maximum Building Setback to HSC Parkway ROW, and establishing minimum requirements and additional flexibility for building facades facing public streets. • Section 3.Definitions, Add definition of Block Perimeter and Special District to provide clarification. • Section 3.Definitions, Add definition of Special District Identification Sign and citing Appendix A-2. • Section 4.4.Powers & Duties, Removing duty of the BioCorridor Board to make recommendations to City Staff…regarding improvements in the public realm that further the aesthetics, identity, and access to and within the BioCorridor PDD. • Section 7.7.A.Sign Permits Required, regarding approval of Special District Signs in general conformance with Appendix A-2. • Section.9.4.H.1 & 3. Parking Lots, allowing parking within 10 feet of a local street and 25 feet of a non-local street, with buffering requirements. • Section 9.5.A.k.Bicycle Parking at Bus Stop Shelters, providing clarification regarding the location of bicycle parking. • Section 9.6.G.Signs, adding references to Appendix A-2 for Special District Signs. • Section 9.6.H.Sign Standards, Add reference to Appendix A-2 to Sign Table RM091318 Minutes Page 7 • Section 9.8.C. Landscaping Requirements, clarifying language regarding tree measurements. • Section 9.12.Drainage & Stormwater Management, clarifying submittal requirements for water quality improvements. • Add Appendix A-2. Recommendations • College Station Planning & Zoning Commission recommended approval by a vote of 5-2. (September 13th) • Bryan Planning & Zoning Commission recommended approval by a unanimous vote. (September 13th) • Item scheduled for September 18th Bryan City Council meeting. At approximately 7:40 p.m., Mayor Mooney opened the Public Hearing. Matthew Doss, College Station, came before Council on behalf of his clients. His clients are opposed to removing standalone multi-family and single family from the list of prohibited uses. Infrastructure is not in place in the Biocorridor for standalone multi-family and the community would benefit more from business development in the area. Robert Rose, College Station, stated his concerns on the maintenance of roadways and drainage near Turkey Creek and has concerns that the area is not designed for multi-family. Spencer Clements, Traditions Acquisition Partnership, Bryan, stated that he is trying to make something better for this area, with a walkable and more urban feeling. Housing within our planned developing is what this area is in need of. There being no further comments, the Public Hearing was closed at 7:49 p.m. Mayor Mooney recessed the Regular at 8:07 p.m. Regular reconvened at 8:24 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, with Councilmember Moore abstaining, to approve the amendment to the PDD Ordinance No. 2018-4041 to amend Sec. 1.2.d to add the language “Stand-alone multi-family on property located between Turkey Creek Road and the proposed Atlas Pear Drive extension” and to amend Sec. 1.2.e to add to the prohibition, “Multi-Family not part of a mixed used development except as otherwise allowed in Sec. 1.2.d.” The motion carried unanimously. The remaining sections are being sent back to the BioCorridor Board for review. 6. Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated 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. RM091318 Minutes Page 8 Mayor Mooney requested a future agenda item on the various materials permitted to be used as paving or parking surfaces as it may impact the comp plan review. Mayor Mooney requested a future agenda item on the BioCorridor Review Board and their duties to determine the necessity of the body. Councilmember Brick requested a future agenda item to discuss the possible new options regarding the boundaries of, and a number of unrelated residents permitted in the new “Middle Housing” zoning district, and in existing private homes being rented in whole or by the room. 7. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 8:31 p.m. on Thursday, September 13, 2018. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0508 Name:Traffic Signal Cabinet Purchase Status:Type:Bid Award Consent Agenda File created:In control:7/23/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on a BuyBoard Contract purchase for traffic signal cabinets from Paradigm Traffic Systems Inc. for $138,750. Sponsors:Donald Harmon Indexes: Code sections: Attachments:PO#18206477 Action ByDate Action ResultVer. Presentation,possible action and discussion on a BuyBoard Contract purchase for traffic signal cabinets from Paradigm Traffic Systems Inc. for $138,750.00. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approving the purchase of the traffic signal cabinets. Summary: The ITS Master Plan includes the purchase of signal cabinets to replace the older cabinets in the system that does not fully support the latest traffic technology. The cabinets are on BuyBoard Contract # 524-17. These cabinets will be replaced by City staff as time and traffic conditions permit. This purchase is a continuation of the ITS Traffic Master Plan regarding replacement of the older TS- 1 cabinets. The new TS-2 traffic signal cabinets will provide more flexibility for better traffic signal control with the new Intelligent Transportation System. Budget &Financial Summary:Funds are budgeted and available in the Streets Capital Improvement Fund. Attachments: Purchase Order College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ 09/11/2018 16:06 |City of College Station, TX |P 1 bwhittenton |PURCHASE ORDER CURRENT LIST |poentpst Purchase Order Type NORMAL Fiscal Yr 2018 12 PO# 18206477 Batch BSW PO Date 09/11/2018 Requisition 0000000 Department Code PWS Public Works Department Allocation Code 00000000 Buyer ID bwhittenton Brandi Whittenton Needed By Date General Commodity Vendor 002899 PARADIGM TRAFFIC SYSTEMS, INC. PO BOX 5508 ARLINGTON, TX 76005 Ship To Address PWS PUBLIC WORKS ADMIN PO Box 9960 300 Krenek Tap Rd College Station, TX 77842 Ship To Email Ship To Reference Shipping Method Destination Bill To Address INV ATTN: Accounts Payable Bill To Email VendorInvoiceEntry@cstx.gov City of College Station PO Box 9973 College Station, TX 77842 PO Description 15 Traffic Signal Cabinets Special Handling NONE Status Allocated Distribution 1 Contract Review Code BW Brandi Whittenton, Buyer Total PO Amount $138,750.00 Liquidated $ 0.00 Canceled $ 0.00 Open Encumbrance $138,750.00 General Notes __________________________________________ BuyBoard contract pricing hereby applies to this purchase order. Contract No. 524-17 Reference Quote #Q23177LS as attached. General Notes __________________________________________ Purchase Order standard terms and conditions (attached) shall apply to this purchase. Line Item Details______________________________________________________________________________ Line 001 Commodity Req Qty 15.00 UOM EACH Unit Price 14000.00000 % Disc 0.00 Credit ******** Freight 0.00 _______________________________________________________________________ Line Item Total $138,750.00 Qty Received 0.00 Liquidated $ 0.00 09/11/2018 16:06 |City of College Station, TX |P 2 bwhittenton |PURCHASE ORDER CURRENT LIST |poentpst Qty Canceled 0.00 Canceled $ 0.00 Line Item Open Encumbrance $138,750.00 _______________________________________________________________________ Description 16 Position Base Mount NEMA Cabinet (PTSI P44COB) Base Mount P Cabinet, with: 1 Ea Riser Base, 10" 16 Ea EDI Load Swiches 8 Ea Flash Transfer Relays 4 Ea EDI BBU's 1 Ea EDI Flasher 1 Ea Power Cable Adapter, TS Description Notes __________________________________________ 15 - Controller Credit (COB21100110009) at $3,100 ea for a total credit of ($46,500). 15 - MMU Credit (MMU2-16LEIP) at $957.00 ea for total credit of ($14,355.00) 15 - Repeat Customer Discount at $693.00 ea for total credit of ($10,395.00) _______________________________________________________________________ Department PWS 1099 Box Capital AssetY Needed By Quote Bid _______________________________________________________________________ Allocation Details Org Obj Proj Description Encumbered Amt Bud ___________________________________________________________________ 41399971 6572 STCIP-CIP-Cap-Mach $138,750.00 U Liquidated $ 0.00 Canceled $ 0.00 Allocated Open Encumbrance $138,750.00 ___________________________________________________________________________ USER DEFINED FIELDS Bid/RFP Number: Legacy PO Number: Purchasing Co-op: BB ** END OF REPORT - Generated by Brandi Whittenton ** QUOTATION TO:City of College Station RFQ:BuyBoard Contract # 524-17 300 William King Cole Dr Public Safety, Fire House Supply Equipment College Station, Texas 77842 Traffic Signals attn:Garrett Martinek 512-467-0222 ph ph:979-764-3734 800-211-5454 fax fax:979-764-6253 DATE SLSMN DELIVERY FREIGHT SHIP VIA F.O.B. TERMS QUOTE # 7/26/18 LS 60-90 Days ARO PPD & Allowed Best Way Destination Net 30 Q23177LS ITEM QTY DESCRIPTION PRICE TOTAL 11516 Position Base Mount NEMA Cabinet (PTSI P44COB)$14,000.00 $210,000.00 Base Mount P Cabinet, City of College Station Specs, with 1 Ea Riser Base, 10" 16 Ea EDI Load Swiches 8 Ea Flash Transfer Relays 4 Ea EDI BBU's 1 Ea EDI Flasher 1 Ea Power Cable Adapter, TS-2 Type 1 to Type 2 NOTE: No Controller or MMU included Modifications LED Cabinet Light in place of Flourscent Light One LED Light Mounted under Pullout Drawer 6 Preempt Inputs on Back Panel One Extra Convienance Outlet 2 15 Controller Credit (COB21100110009) ($3,100.00) ($46,500.00) 3 15 MMU Credit (MMU2-16LEIP) ($957.00) ($14,355.00) 4 15 Repeat Customer Discount ($693.00) ($10,395.00) NOTE: Purchase Orders MUST be processed through WWW.BUYBOARD.COM TOTAL $138,750.00 OFFERED BY: __________________________________ Lance Shannon Paradigm Traffic Systems, Inc. Federal ID# 75-2520341 Thank you for the opportunity to submit a proposal to you on this equipment. Please reference this quotation (by QTE number) when placing order.If you have any questions please call or send a fax to me. This quote is valid for 60 days. Thereafter it is subject to change without notice. 9001 Jameel, Suite 130 Houston, TX 77040 713-864-7545– fax 713-864-7588 www.paradigmtraffic.com 23177LS.xlsx, quote (Revised) CITY OF COLLEGE STATION PURCHASE ORDER STANDARD TERMS AND CONDITIONS 1. ACCEPTANCE: Acceptance of this order must be without qualifications. CITY hereby objects to and will not be bound by any different or additional terms and conditions contained in the acceptance unless each such different or additional term is expressly agreed to in writing by CITY. Vendor’s action in (a) accepting this order, (b) delivering materials, or (c) performing services called for hereunder shall constitute an acceptance of the terms and conditions below and on this order. 2. CHANGES/QUANTITIES: No changes may be made in this order without written authorization of the CITY. Ship exact quantities ordered except in instances where this is impractical such as material in bulk, uneven lengths, etc., in which case nearest amount available and not exceeding specified quantity is acceptable. 3. INVOICES/DISCOUNTS: Invoice must be submitted by Vendor in duplicate to the City of College Station, Accounting Dept., P.O. Box 9973, College Station, Texas 77842-0973. If invoices are subject to a cash discount, discount period to be taken from the date of completion of order or date of receipt of invoice, whichever occurs last regardless of whether or not correct discount terms appear on invoice. All invoices to be paid in full within 30 days after satisfactory delivery and billing unless otherwise specified or mutually agreed upon before this order was placed. The City of College Station will not be liable for payment of invoices received six (6) months after order completion (defined as “Acceptance”). 4. TAXES: This purchase order when properly executed by the CITY serves as a tax exemption certificate in that the CITY, as a municipality, claims an exemption from payment of State Sales and Federal Excise taxes. These taxes must not be included on invoice. For Community Development contracts entered into between the successful contractor and homeowner, contractor shall pay all applicable taxes on material (i.e. material is not tax exempt). 5. PATENTS: Upon acceptance of this order, the vendor agrees to protect the CITY from any claim involving patent right infringements, copyrights, or sale franchises. 6. SHIPPING: All shipments to be prepaid. Where specific purchase is negotiated F.O.B. shipping point, the vendor is to prepay shipping charges and add to invoice. In shipments made direct by vendor’s supplier, vendor is required to notify his supplier to prepay shipments. 7. RISK OF LOSS: Risk of loss, damage or destruction of the materials covered by this order shall be borne by the Vendor until delivery in good condition of conforming products at the F.O.B. point designated on this order. Any rejected goods shall be at the Vendor’s risk until returned to Vendor, at Vendor’s expense, or otherwise disposed of as Vendor shall reasonably request. 8. DELIVERIES: All deliveries to be made to the CITY’s Central Receiving location at 1601 Graham Road unless otherwise specified on the face of this order. Deliveries will be accepted only during normal working hours on normal working days (8 a.m.-5 p.m., Monday through Friday). Unless otherwise indicated, items received must be new and in first class condition and if type of materials normally packaged for protection and convenience in storage, shall be in proper container. All services performed shall conform to the quality and workmanship of the accepted standards in the industry. 9. VERBAL ORDERS: The terms and conditions on this form also apply to emergency and rush orders placed verbally with vendors already familiar with these terms and conditions, in which case a confirming purchase order stamped “CONFIRMATION” will be forwarded to the vendor. 10. CANCELLATIONS: The CITY reserves the right to cancel purchase orders for failure on the part of the vendor to deliver as promised, or within a reasonable time if no delivery commitment is made unless acceptable notification of delay is given to the CITY by the vendor. 11. INDEMNIFICATION AND INSURANCE: VENDOR INDEMNIFIES, DEFENDS AND HOLDS CITY AND ITS AGENTS HARMLESS FROM ANY LIABILITY, INJURY, CLAIM, EXPENSES INCLUDING ATTORNEY’S FEES ARISING OUT OF THIS PURCHASE ORDER. CERTIFICATES OF INSURANCE MAY BE REQUIRED AS DETERMINED BY CITY AND MAY INCLUDE ONE OR MORE OF THE FOLLOWING: COMMERCIAL GENERAL, AUTO, WORKERS COMPENSATION AND PROFESSIONAL LIABILITY. 12. PERSONAL INTEREST: Vendor agrees to abide by all applicable law regarding conflicts of interest, prohibition of personal interest and related matters including adherence to Chapter 171. Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and certain other local governments; and Chapter 176 Disclosure of Certain Relationships with Local Government Officers, providing Public Access to Certain Information of the Texas Local Government Code. 13. GOVERNING LAW: This Purchase Order shall be governed in accordance with the laws of the State of Texas. Venue shall lie in Brazos County. 14. NO BOYCOTT ISRAEL: To the extent this transaction is considered a contract for goods or services subject to § 2270.002 Texas Government Code, Vendor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of the provision of such goods or services. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0558 Name:Xpedient Mail Renewal Status:Type:Presentation Consent Agenda File created:In control:8/23/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion regarding renewing the Xpedient Mail contract for printing and mailing services in the amount of $230,000. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Contract 15300340 Xpedient Mail Ren2 Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding renewing the Xpedient Mail contract for printing and mailing services in the amount of $230,000. Relationship to Strategic Goals: -Financially Sustainable City -Core Services and Infrastructure Recommendation(s):Staff recommends approval of renewing the contract with Xpedient Mail. Summary:July 2015,a formal request for proposal process was conducted to select a vendor to provide utility bill printing and mailing services.Xpedient Mail was selected out of the twelve (12)responses received and the initial contract term was approved by City Council on September 21,2015.The contract has since been renewed for two (2)more years without any requests to increase the original unit bid prices.The City is invoking a general exemption to the competitive bidding process and renew the contract with Xpedient Mail for another one (1)year term.It is in the City’s best interest to renew the contract with Xpedient Mail to allow the City to continue moving forward with implementing the newest version of the Munis utility billing module without further delays as the coding for the billing statement between Munis and Xpedient is complete.Xpedient Mail has been working with the City to accommodate the system change by making modifications to their software. Budget &Financial Summary:FY 2019 actual expenses will depend upon the volume of utility bills, late notices and inserts that are produced and mailed to customers.Funds are budgeted and available in the Utility Customer Service and the Public Communications budget. Reviewed and Approved by Legal:Yes Attachments:Contract is available for review at the City Secretary’s office. College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ RENEW AL 3 ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract 15300340 for Printing, Inserting and Mailing Utility Bills in accordance with all terms and conditions previously agreed to and accepted for an amount not to exceed Two Hundred Thirty Thousand and No/100 Dollars ($230,000.00). I understand this renewal term will be for the period beginning October 1, 2018 through September 30, 2019. Xpedient Mail By:-v, 79"-=t.-'--::...:i...~=--=~:..___-=-~-­ Printe Title: President Date: 08/16/2018 CITY OF COLLEGE STATION By: ___________ _ City Manager Date: APPROVED: City Attorney Date: ------ Asst. City Manager/CFO Date: ------ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0581 Name:FY19 Exemptions Status:Type:Presentation Consent Agenda File created:In control:8/30/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion to authorize expenditure of funds for FY 2019 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:2019 Exemptions List Over $100K Action ByDate Action ResultVer. Presentation,possible action,and discussion to authorize expenditure of funds for FY 2019 for items exempt from competitive bidding as described more fully in Texas Local Government Code,Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000;and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Relationship to Strategic Goals:Goal I.1. Spending taxpayer money efficiently Recommendation(s):Staff recommends approval of the purchase requests as listed on the attached spreadsheet,and the authorization for the City Manager to approve contracts and expenditures that are on the exemption list. Summary:Every fiscal year there are a number of expenditures incorporated in the approved budget that are not subject to competitive bidding or proposals.These expenditures are for sole source purchases;expenditures for personal,professional or planning services;captive replacement parts for equipment,and other exemptions more fully described in LGC 252.022 and other expenditures for interlocal contracts or fees mandated by state law.The intent of this item is for Council to authorize the expenditure(s)which will provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Budget &Financial Summary:Funds are either available or budgeted for each of the listed purchase requests in the fiscal year 2018-2019 budget in various funds of the City,or if necessary,will be made available by proposing an appropriate budget amendment or contingency transfer. Attachments: 1.List of FY19 Annual Exemptions College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0581,Version:1 College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™  2019 Annual Exemptions FY 2018 FY 2019 Approved Request Tyler Technologies (MUNIS Product Maintenance and Services) MUNIS is  the City's Enterprise Resouce Planning (ERP) system.  $238,404.00 $240,000.00 TriTech (Inform Product Maintenance) Annual maintenance fees for the Computer Aided Dispatch and automated Records Management System (CAD/RMS) used by Police and Fire Dispatch.$221,000.00 $230,000.00 City of Bryan (utilities for wells and pump station)$1,000,000.00 $1,000,000.00 Frontier (Local/Long Distance Phone Service)$140,000.00 $140,000.00 Entergy (Well 8 & Well 9electrical power)  Well 9 is a new addition.$150,000.00 $250,000.00 ILA with BVSWMA  This expense is for landfill disposal fees.$1,650,000.00 $1,650,000.00 ILA with Brazos Central Appraisal District This is the City’s portion of the funding of the Brazos Central Appraisal District. FY19's Increase is related to health insurance, salaries, equipment replacement and anticipated additional legal expenses. $341,427.00 $383,420.00 ILA with City of Bryan (library services) Interlocal agreement with the City of Bryan for the management of the Larry J. Ringer Library. The library  is owned by the COCS  but is managed (O&M) by the City of Bryan. $1,207,772.00 $1,191,579.00 ILA with National Intergovernmental Purchasing Alliance (NIPA) for Office Depot (office supplies and equipment) All products and services available through NIPA cooperative contracts have been competitively solicited and publicly awarded utilizing industry best practices, processes and procedures. Office Depot has a local store and two‐day delivery for orders placed online.  $120,000.00 $120,000.00 Brazos County Health Department This expense is for the City’s portion of the funding of the Brazos County Health Department. $359,150.00 $395,065.00 Preferred Access Funding Agreement with BV Convention and Visitors Bureau In FY13, the COCS entered into an agreement with the B/CS CVB and TAMU. As part of the effort to pay for the renovation of Kyle Field, TAMU, the COCS, the B/CS CVB and Brazos County worked to secure local funding through the Hotel Occupancy Tax for the project. A 0.75% Countywide Hotel Occupancy Tax was approved by the State Legislature and was signed by the Governor for the project. Also, a portion of the current COCS HOT tax from visitors who stay at CS hotels is being utilized through a Facilities Access Agreement that provides access to certain facilities at TAMU at preferred rates for events that will bring more visitors and tourists to the community. This exemption item is for the annual payment that is made as a result of this agreement. $700,000.00 $700,000.00 TCEQ (inspections/assessments, permitting fees ‐ W/WW) Oversees all permitting, planning and monitoring of the state's water resources.  These are mandated  fees and the amounts requested each fiscal year are best estimates.$175,000.00 $175,000.00 BV Groundwater Conservation District  ‐ Assessment fees These are mandated fees that are based on the amount of groundwater the City pumps.  There is no rate  increase; however, more pumping is anticipated due to increased poplulation.  $210,000.00 $220,000.00 Expenditures for mandated state fees LGC 252.022 (a)(7)(D) ‐ Captive replacement parts or components for equipment; computer software/hardware maintenance; equipment  lease/maintenance LGC 252.022(a)(7)(c) ‐ Gas, water and other utility services Expenditures pursuant to established interlocal agreements (ILA's) with various agencies O:\Purchasing\BIDFILE\Annual Exemptions\FY 2019\2019 Exemptions List Over $100K City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0591 Name:FY 19 Fee Resolution Status:Type:Presentation Consent Agenda File created:In control:8/31/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on resolution adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance” Division 2 “Fees, Rates and Charges” of the Code of Ordinances. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Update Summary for Council - Revised FY 18-19 Fees Rates and Charges Resolution 9-18-18.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on resolution adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance” Division 2 “Fees, Rates and Charges” of the Code of Ordinances. Relationship to Strategic Goals:Good Governance Recommendation(s):Staff recommends the City Council approve the resolution adopting the Fees, Rates and Charges for Fiscal Year 2018-2019. Summary: All fees,rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec.2-117 of the Code.Each year with the budget the Council adopts a new resolution to keep fees, rates and charges current. Budget &Financial Summary:Detail of revenue history and budget estimates by major fund can be found in the Fiscal Year 2018-2019 budget document at appendix D-1. Attachments: 1.Fee Resolution 2.Update Summary College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ INTEROFFICE MEMORAND UM TO: CITY COUNCIL FROM: MARY ELLEN LEONARD, CPA, FINANCE DIRECTOR SUBJECT: FY19 FEE RESOLUTION CHANGES DATE: SEPTEMBER 27, 2018 CC: JEFF CAPPS, INTERIM CITY MANAGER JEFF KERSTEN, ASSISTANT CITY MANAGER As requested, this memo outlines the fee changes to the Municode Consolidated Fee Resolution included on the September 27, 2018 Consent Agenda. Clean up items related to wording and numbering are not included in this memo.  Sec. 2-120. Fire Department Services  Added: Fire Department Burn Permit Fee – Ten Day Commercial Burn Permit $500.00 and Ten Day Residential Burn Permit - $50.00  Added: Fire Department after hours Fee – (after hours means anytime other than Monday – Friday 8 AM – 5 PM) inspection - $75.00 per hour, per inspector with a two hour minimum charge.  Sec. 2-121. Public Works Department Services  Deleted: Entire section. Related to fees for collection of animal carcasses from the offices of veterinarians.  Sec. 2-122. Planning and Development Services  Added: Planning and development after hours Fee – (after hours means anytime other than Monday – Friday 8 AM – 5 PM) inspection - $75.00 per hour, per inspector with a two hour minimum charge.  Chapter 10 Cemeteries. Article II. City Owned or Maintained Cemeteries  Sec. 10-25(e). Purchase options.  Updated: All fees incremented annually by Parks personnel.  Chapter 12 Emergency Management and Emergency Services. Article IV. Alarm Systems  Sec. 12-113(b). False Alarms.  Updated for ordinance approved by Council on 9/27/18.  Chapter 32 Parks and Recreation. Article II. Public Conduct in Parks and Recreational Areas Division 2. Use Permits  Sec. 32-62 (6). Application procedure.  Updated General Fund User Fees: All fees incremented annually by Parks personnel. Effective January 1, 2019  Updated Rec Fund User Fees: All fees incremented annually by Parks personnel. Effective January 1, 2019  Chapter 40 Utilities. Article II. Water and Sewer Service. Division 2 Rates, Usage Charges and Fees  Sec. 40-65. Rates for sewerage service.  Updated all fees for proposed 5% rate increase that is proposed to go into effect on October 1, 2018 including the 50% surcharge for the Brazos County Municipal Utility District #1. RESOLUTION NO.________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ESTABLISHING THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 “ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES” OF THE CODE OF ORDINANCES; AND REPEALING PRIOR FEES, RATES AND CHARGES FOUND IN RESOLUTION 08-10-17-2q AND ANY SUBSEQUENT RESOLUTIONS AMENDING RESOLUTION 08-10-17-2q. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has approved, authorized and established the fees, rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas, and as shown in Exhibit A, “Fees, Rates and Charges”. PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates and Charges” shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3: That the City Council hereby repeals Resolution 08-10-17-2q and any subsequent resolutions amending Resolution 08-10-17-2q establishing any fees, rates or charges as are established in Exhibit A, “Fees, Rates and Charges”. PART 4: That this resolution shall become effective immediately after passage and approval. ADOPTED this ___ day of ______, 2018. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Resolution No._________ Page 2 of 47 EXHIBIT A FEES, RATES AND CHARGES CHAPTER 2: ADMINISTRATION 1. Article V. Finance Division 2. Fees, Rates and Charges a. Sec. 2-118. Service fees for credit card payments. i. Service fee established. The fee for a payment by a card for a fee, fine, court cost, or other charge shall be set as $3.00 per transaction as established in Section 2- 117. b. Sec. 2-119. Police Department Services. i. Police Escorts. $50.00 per hour per each officer. ii. Livestock Permit Fee. – $35.00 c. Sec. 2-120. Fire Department Services i. Requests for incident reports prepared by the Fire Department. ii. Mileage charges for Fire Department services outside the City limits will be in accordance with the IRS Standard Mileage Rates and may change from time to time. All tests conducted outside the city limits shall be charged at this rate times 1.5 plus mileage plus $20.00 for travel time. iii. Fire Department inspections of day care centers. - $50.00 iv. Fire Department inspections of foster homes. - $30.00 v. Fire Department inspections of nursing home facilities. - $150.00 vi. Fire Department inspections of health care facilities. - $150.00 vii. Automatic hood tests performed by the Fire Department. - $50.00 viii. Fire Department inspections of automatic fire alarm systems. $100.00 for up to 25 devices, each 100 thereafter or fraction of at $100.00/100 ix. Fire Department testing of underground fire lines. - $100.00 x. Fuel tank testing performed by the Fire Department. - $100.00 xi. Fuel line leak testing performed by the Fire Department. - $100.00 xii. Fire sprinkler system testing performed by the Fire Department. $125.00 for up to 100 heads, each 100 thereafter or fraction of at $50.00/100 xiii. Fire Department inspections of a hospital's initial opening. - $250.00 xiv. Fire Department Burn Permit Fee – Ten Day Commercial Burn Permit $500.00 and Ten Day Residential Burn Permit - $50.00 xv. Fire Department after hours (after hours means anytime other than Monday – Friday 8 AM – 5 PM) inspection - $75.00 per hour, per inspector with a two hour minimum charge. xvi. The provision of emergency medical services without transportation. xvii. The provision of emergency medical services basic life support (BLS) with transportation from a location within the corporate limits of College Station to a location within Brazos County. - $650.00 base fee plus $15.00 per loaded mile Resolution No._________ Page 3 of 47 xviii. The provision of emergency medical services basic life support (BLS) with transportation from a location outside the corporate limits. - $650.00 base fee per individual transported plus $18.00 per loaded mile xix. The provision of emergency medical services basic life support (BLS) with transportation to a location outside of Brazos County. - $650.00 base fee per individual transported plus $18.00 per loaded mile xx. The provision of emergency medical services advanced life support (ALS1) with transportation from a location within the corporate limits of College Station to a location within Brazos County. - $850.00 base fee plus $15.00 per loaded mile xxi. The provision of emergency medical services advanced life support (ALS1) with transportation from a location outside the corporate limits. - $850.00 base fee plus $15.00 per loaded mile xxii. The provision of emergency medical services advanced life support (ALS1) with transportation to a location outside of Brazos County. - $850.00 base fee plus $15.00 per loaded mile xxiii. The provision of emergency medical services advanced life support, level 2 (ALS2) with transportation from a location within the corporate limits of College Station to a location within Brazos County. - $950.00 base fee plus $15.00 per loaded mile xxiv. The provision of emergency medical services advanced life support, level 2 (ALS2) with transportation from a location outside the corporate limits. - $950.00 base fee plus $18.00 per loaded mile xxv. The provision of emergency medical services advanced life support, level 2 (ALS2) with transportation to a location outside of Brazos County. - $950.00 base fee plus $18.00 per loaded mile xxvi. The provision of emergency medical services without transportation to a location outside the corporate limits of College Station. - $100.00 xxvii. Administrative fees and reimbursement fees for supplies and medications. 1. The provision of BLS, ALS1 or ALS2 services with transportation when oxygen is used shall be charged an $85.00 supply fee to cover oxygen costs. 2. The provision of BLS services with transportation shall be charged a $150.00 supply fee to cover single patient use items. 3. The provision of ALS1 or ALS2 services with transportation shall be charged a $300.00 supply fee to cover single patient use items. xxviii. Emergency and rescue services. Resolution No._________ Page 4 of 47 d. Sec. 2-122. Planning and Development Services Department. The development application and permit fees in this section are adjusted on January 1, 2019 based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics and will be added as an amendment to this section. . i. Building permit fees for structures requiring a building permit: 1. Building Permit Fee Schedule Estimated Construction Valuation Permit Fee $0.00 to $1,000 $30.63 $1,001 to $50,000 $30.63 for the first $1,000 valuation plus $5.11 for each additional $1,000 valuation or fraction thereof up to $50,000 valuation $50,001 to $100,000 $280.78 for the first $50,000 valuation plus $4.08 for each additional $1,000 valuation or fraction thereof up to $50,000 valuation $100,001 to $500,000 $484.98 for the first $100,000 valuation plus $3.06 for each additional $1,000 valuation or fraction thereof up to $500,000 valuation $500,001 and up $1710.18 for the first $500,000 valuation plus $2.04 for each additional $1,000 valuation thereafter 2. Re-inspection fee. - $100.00 ii. Electrical permit fees. 1. Repair and alteration electrical permit. - $40.84 2. Residential electrical permit. – $40.84 minimum base fee for the first 1,000 square feet of the building area plus $0.02 per square foot over 1,000 square feet 3. Commercial electrical permit. - $40.84 minimum base fee for the first 1,000 square feet of the building area plus $0.02 per square foot over 1,000 square feet 4. Temp Poles base fee $30.63 (Bryan Texas Utilities): $30.63 base fee plus $45.95 connection fee (College Station Utilities) 5. Re-inspection fee. - $100.00 iii. Mechanical permit fees. 1. Mechanical permit. - $30.63 base fee for the first $1,000 valuation plus $5.11 for each additional $1,000 valuation (or fraction thereof) Resolution No._________ Page 5 of 47 2. Re-inspection fee. - $100.00 iv. Plumbing permit fees. 1. Basic plumbing permit. - $30.63 base fee plus additional charges 2. Additional charges for the following: a. Water closet. - $5.11 b. Water heaters. - $5.11 c. Lavatories. - $5.11 d. Kitchen sinks. - $5.11 e. Bar-slop sinks. - $5.11 f. Bathtubs. - $5.11 g. Showers. - $5.11 h. Drinking fountains. - $5.11 i. Urinals. - $5.11 j. Independent waste. - $5.11 k. Sand traps. - $5.11 l. Grease traps. - $5.11 m. Hose bibs. - $5.11 n. Dishwasher. - $5.11 o. Laundry tray. - $5.11 p. Floor drains. - $5.11 q. Septic tank. - $5.11 r. Water service or replacement. - $5.11 s. Sewer collection or replacement. - $5.11 t. Heater (vented). - $5.11 u. Washing machine. - $5.11 v. Any plumbing fixture - $5.11 3. Gas permit. a. Base fee. - $30.63 b. Gas Piping. - $5.11 up to four gas outlets, $1.02 for each outlet over four 4. Re-inspection fee. - $100.00 v. Lawn sprinkler permit fees. 1. Lawn sprinkler irrigation permit. - $30.63 2. Re-inspection fee. - $100.00 vi. Miscellaneous permit fees. 1. Demolition permit. - $51.05 2. Moving permit. - $102.10 3. Location permit. - $51.05 4. Solar panels. See Building Permit Fee Schedule. vii. Contractor registration fee. - $61.26 viii. Oil and gas development application fees. 1. Application fee. - $6,187.26 2. Annual permit renewal fee. - $2,062.42 3. Abandonment fee. - $2,062.42 4. Consultant fee. - Contracted Fee 5. Contract inspector fee. – Contracted Fee Resolution No._________ Page 6 of 47 6. Road maintenance agreement fee. - As Calculated 7. Seismic survey permit fee. – $5,156.05 ix. Municipal Utility District fees. 1. Fee to process petition to create district. - $30,895.46 2. Fee to process petition to acquire or annex land. - $30,895.46 3. Infrastructure plan review and inspection fee (Including ETJ). - One and one half percent (1.5%) of infrastructure cost ($612.60 minimum) x. After hours (after hours means anytime other than Monday – Friday 8 AM – 5 PM) inspection - $75.00 per hour, per inspector with a two hour minimum charge. xi. Planning and Development Services Fees as Authorized by Appendix A-12- 3.2- C-3. 1. Administrative Adjustment - $102.10 2. Alternative Parking Plan - $102.10 3. Banner Permit - $210.00 4. Comprehensive Plan Amendment - $1,266.04 5. Conditional Use Permit - $1,266.04 6. Construction Board of Adjustments - $520.71 7. Design Review Board - $387.98 8. Development Permit/Public Infrastructure Review and Inspection Fee - One and one half percent (1.5%) of infrastructure cost ( $612.60 minimum) 9. Re-inspection Fee (applies to all inspection types) - $100.00 10. Final Plat or Development Plat - $1,010.79 11. Final plat (minor or amending) - $765.75 12. License to Encroach - $827.01 13. PDD Amendment - Staff Review Only - $193.99 14. PDD Amendment - P&Z/Council Review - $347.14 15. Private Improvement in the Public R-O-W (PIP) Permit - $387.98 16. Portable Storage Container Permit Fee - $50.00 17. Preliminary Plan - $1,010.79 18. Rezoning (Including PDD and P-MUD) - $1,266.04 19. R-O-W/Easement Abandonment - $765.75 20. Sign Permit (except for banners) - $72.00 permit fee plus $80.00 review fee 21. Site Plan - $1,010.79 22. Minor Site Plan - $387.98 23. Waiver or Variance – Subdivision Regulations - $255.25 24. Written Interpretation - $122.52 25. Zoning Board of Adjustment - $387.98 26. Zoning Letter - $102.10 27. Non-Residential Architectural (NRA) Review* - $387.98 - *Excludes existing projects involving painting only 28. Returned Check Fee - $25.00 29. Tent permit. – (see Building Permit Fee Schedule) Resolution No._________ Page 7 of 47 FEES, CHARGES AND RATES NOT LISTED IN FINANCE SECTION OF CODE OF ORDINANCES: CHAPTER 6: ANIMALS 1. Article I. In General a. Sec. 6-116(1). Requirements for owner of a dangerous dog. i. Registration. Register the dangerous dog with the Animal Control Authority and pay an annual registration fee of $500.00 for the first year and a $250.00 re- registration fee thereafter unless such dog has violated one or more provisions of this chapter during the previous year, in which case an annual renewal registration fee of $500.00 shall be assessed as established in Section 2-117. b. Sec. 6-150(c). Rabbits. i. Permit requirements. The following is required to be issued a permit for keeping of rabbits in a single-family residential zone: payment of a fee as may be established in Section 2-117. - $35.00 c. Sec. 6-151(c). Ferrets. i. Permit requirements. The following is required to be issued a permit for ferrets: payment of a fee as may be established in Section 2-117. - $35.00 Resolution No._________ Page 8 of 47 CHAPTER 8: BUSINESSES 1. Article III. Credit Access Businesses Division 2. Registration a. Sec. 8-81. Required. i. A person commits an offense if the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. A fee of $50.00, which may be amended from time to time by resolution or ordinance is established for each physically separate credit access business within the City limits. 2. Article IV. Gravediggers Division 2. License a. Sec. 8-145. Gravediggers. i. A person who seeks a license hereunder shall apply to the City Secretary on a form furnished for such purpose. Upon meeting the qualifications and requirements of this division, such person shall be issued a license by the City Secretary. Each new applicant shall pay an application fee of $100.00. Each licensee must pay a yearly renewal fee of $25.00. All yearly fees and proof of insurance are due by March 15. A license shall be effective for a period of one year from the date of issuance or until the set renewal date of March 15. 3. Article V. Home Solicitation and Itinerant Vendors Division 2. Home Solicitor Registration a. Sec. 8-210(b). Application; fee; expiration; non-transferability; material changes. i. Application filed under this section must be accompanied by a nonrefundable registration fee of $50.00. ii. Renewal Application filed under this section must be accompanied by a nonrefundable registration fee of $25.00. iii. Identification badge fee - $10.00. b. Sec. 8-211(d). Issuance, denial, and display of registration; identification badge. i. If a City-issued home solicitor's identification badge is lost, mutilated, or destroyed, the City Manager or designee shall issue the registrant a duplicate identification badge upon payment of a $10.00 duplicate badge fee. Division 3. Itinerant Vendor Permit c. Sec. 8-235(d). Required; application. i. An application for an I-Vendor permit shall be accompanied by a fee of $50.00. Resolution No._________ Page 9 of 47 4. Article VI. Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events Division 2. Permit a. Sec. 8-296. Fees. i. Application. The applicant shall pay a nonrefundable application fee established in Section 2-117 upon submission of an application to the City. The application fee may be waived for a nonprofit association holding an event. The application fee shall not be waived for any event involving alcohol sales and/or consumption. - $200.00 ii. Re-inspection fee. If the event is not operated on consecutive calendar days, the City shall re-inspect the premises as provided herein. A re-inspection fee of $50.00 shall be paid by the applicant to the City to cover the cost of each re-inspection. 5. Article VII. Secondhand Dealers Division 2. Permit a. Sec. 8-361(a). Issuance, fee. i. Upon receipt of the application, the City Accounts Receivable Fiscal Services Department shall issue a permit upon the payment of a fee established by the City Council in Section 2-117; provided, however, no permit shall be issued to any applicant who has been found guilty of a criminal offense against property defined in Texas Penal Code title 7 (Texas Penal Code ch. 28 et seq.) by a court of competent jurisdiction within the preceding five years. Permits issued hereunder shall be valid for a period of one year from the date of issuance thereof. 6. Article VIII. Mobile Food Vendors Division 2. Permit a. Sec. 8-418. Permit fee. i. The application fee for a mobile food vendor permit shall be $500.00. Each mobile food vendor unit shall be permitted separately. Mobile food vendor permits shall be valid for one year from the date of permit issuance. ii. Upon renewal, the applicant must provide a new complete application, payment of a $250.00 renewal fee, and new permitting documentation. The applicant must submit the application and renewal fee within 30 days after expiration of the permit or must reapply as a new applicant. iii. The application fee for a concession cart shall be $250.00 for initial application, and a renewal fee of $100.00. 7. Article IX. Northgate Outdoor Dining and Entertainment Division 2. Permit a. Sec. 8-475. Application fee. i. Applicants for peak period must pay a non-refundable permit application fee of $350.00 plus $2.00 per square foot of permitted area when the original permit application is submitted to the City and a non-refundable permit application fee of Resolution No._________ Page 10 of 47 $175.00 plus $2.00 per square foot of permitted area for an annual renewal. Non- peak period only permits shall not be assessed a permit fee. b. Sec. 8-476(b). Amended Application. i. The applicant must pay a non-refundable amended permit application fee of $175.00 when the amended permit application is submitted to the City. 8. Article XI. Taxicabs Division 2. Service License a. Sec. 8-588(c). Application. i. Each application shall be accompanied by a non-refundable license fee of $50.00 per taxicab license service to defray the expense of carrying out the provisions of this section. Division 3. Driver Permit b. Sec. 8-619(b). Fee generally; issuance; term. i. The annual fee for driver’s permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c. Sec. 8-620. Term; expiration; renewal. i. The term of all permits shall be for not more than one year with expiration on December 31. Renewals shall be applied for in the same manner as specified for the original permit. Renewal permits may be issued during the month of December for expiration on December 31 of the following year. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. Division 4. Vehicle Permit d. Sec. 8-650. Fees. i. The annual fee for vehicle permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. ii. The annual fee for vehicle permits issued prior to June 30 shall be established in Section 2-117. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a fee established in Section 2-117. $50.00 Resolution No._________ Page 11 of 47 e. Sec. 8-654. Reinstatement of suspended permit; fee. i. Vehicle permits suspended because of failure to comply with the requirement s of Section 8-649(b) may be reinstated as soon as the vehicle is brought back into compliance with Section 8-649(b). Application for such reinstatement shall be made in writing to the City on the form provided by the City. The non-proratable fee for such reinstatement shall be $5.00. 9. Article XII. Pedicabs Division 2. License and Permit Subdivision II. License a. Sec. 8-742. License fee. i. Each application must be accompanied by a non-refundable license fee $50.00. Subdivision III. Permit b. Sec. 8-774(c). Pedicab Permits. i. Fees. The annual fee for pedicab permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c. Sec. 8-775(d). Revocation and suspension of pedicab permit. i. Reinstatement of suspended permit and fee. Pedicab permits suspended because of failure to comply with the requirements of this article may be reinstated as soon as the pedicab is brought back into compliance. Application for such reinstatement shall be made in writing to the City on the form provided by the City. The fee for reinstatement shall be $5.00. Division 3. Driver Permit d. Sec. 8-806. Fee. i. The fee for driver permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. 10. Article XIII. Dockless Bike Share Program a. Sec. 8-824. Fees and Costs. i. Permit Application Fee. $750.00. ii. Permit Renewal Fee. $375.00. iii. Removal, Impoundment, and/or Relocation Fee. A dockless bike share operator shall be assessed a $125.00 for each bike removed, impounded, or relocated. Resolution No._________ Page 12 of 47 CHAPTER 10: CEMETERIES 1. Article II. City Owned or Maintained Cemeteries a. Sec. 10-25(e). Purchase options. i. Price. The price of all spaces in the City cemeteries shall be established As: CEMETERY FEES 2019 1. College Station Cemetery: Standard Space $1,450 Cremate Space $440 Infant Space $220 2. Memorial Cemetery of College Station: Municipal Section: Standard Space $1,450 Columbaria Niche $825 Infant Space $220 Aggie Field of Honor: Standard Space $3,000 Columbaria Niche $1,650 3. Grave Opening and Closing Fee $150 4. Mark the Grave and Set the Monument $100 5. Memorial Bench Set Fee $100 Resolution No._________ Page 13 of 47 CHAPTER 12: EMERGENCY MANAGEMENT AND EMERGENCY SERVICES 1. Article III. Ambulances Division 2. Permit a. Sec. 12-79(a). Permit fees, conditions and renewal. i. The fee for the permit required in Section 12-77 shall be $100.00 per ambulance, and all permits issued under this division shall terminate on December 31 of each year. Such permits may be renewed by paying a permit fee of $50.00 and submitting proof of current Texas Department of Health Services license and liability requirements as provided in section 12-78. 2. Article IV. Alarm Systems a. Sec. 12-113(b). False alarms. i. An alarm user or subscriber shall be allowed three false alarms in a preceding 12- month period without penalty. After this, a user or subscriber shall be assessed a fine fee based on the following schedule established in Section 2-117. ii. Police Department Number of False Alarms Fine 1. 1—3 false alarms $0.00 2. 4—5 false alarms $50.00 for each false alarm 3. 6—7 false alarms $75.00 for false alarm 4. 8 or more false alarms $100.00 for each false alarm iii. Fire Department Number of False Alarms 1. 1—3 false alarms $0.00 2. 4—5 false alarms $85.00 for each false alarm 3. 6—7 false alarms $110.50 for false alarm 4. 8 or more false alarms $143.65 for each false alarm Resolution No._________ Page 14 of 47 CHAPTER 14: ENVIRONMENT AND NATURAL RESOURCES 1. Article II. Oil and Gas Division 2. Production Permits Subdivision I. In General a. Sec. 14-58. Permit application generally. i. A permit application shall include Application fee as set by Council resolution established in Section 2-117. - $6060.00 b. Sec. 14-67(b). Permit period and renewal. i. The operator will submit an application form for a renewal permit no later than 30 days before the expiration of the operator's permit, and indicate in the application what changes are requested at the oil or gas operations site. An inspection and renewal fee established in Section 2-117 shall be paid at the time of reapplication. The operator recognizes the reclassification of a permit from rural to urban may occur due to adjacent development. - $2020.00 ii. Application requirements. Renewal applications shall include any of the following items which have changed since the original permit application, which shall be current and updated, as applicable, to cover the renewal period: 1. Renewal application fee as set by Council resolution established in Section 2-117. - $2020.00 Subdivision II. Permit Types and Requirements c. Sec. 14-99(b). Urban permit. i. Notice. Before consideration of an urban permit application by the City Council, the City Engineer shall cause the following notices of public hearing to be issued, at the operator’s expense, no later than two weeks before the regular Council meeting in which the public hearing will be held: 1. Notice of the public hearing shall be published in a newspaper of general circulation in the City. 2. Notice of the public hearing shall be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $4.00 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public the consent form acceptable to the City. d. Sec. 14-100(a). Rural permit. i. Notice. Before final consideration of a rural permit application by the City Engineer, the City Engineer shall cause the following notices to be issued, at the operators expense, to provide at least a two-week public comment period before any final action is taken by the City Engineer: Resolution No._________ Page 15 of 47 1. Notice of the rural permit application shall be published in a newspaper of general circulation in the City; and 2. Notice shall also be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $4.00 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public consent to the proposed oil or gas operations or waiver of the right to receive further notices. e. Sec. 14-101. Seismic survey permit. i. Process. To obtain a permit, the operator must apply to the City, pay the permit fee as established by resolution of the City Council established in Section 2-117, and execute a License Agreement on a form approved by the City Attorney. The City Manager or his/her designee may negotiate and execute the License Agreement on behalf of the City. - $5050.00 Division 3. Other Requirements f. Sec. 14-151(a). Abandonment. i. The operator pays an abandonment fee in an amount set by Council resolution established in Section 2-117. - $2020.00 Resolution No._________ Page 16 of 47 CHAPTER 16: FIRE PREVENTION AND PROTECTION 1. Article I. In General a. Sec. 16-2(b). Emergency and rescue services. i. Fees shall be collected for services provided within the College Station Fire Department designated response area that includes both inside and outside the City limits. Fees will not exceed the amount expended by the College Station Fire Department. Fire Administration shall collect applicable incident report information that will be forwarded to the College Station Fire Department's authorized agent responsible for collection of any incurred fees. The fees shall be established in Section 2-117. Resolution No._________ Page 17 of 47 CHAPTER 24: LIBRARIES 1. Ch. 24. Libraries a. Sec. 24-2. Library fines, fees and other charges. i. All collections. $0.25 per day, with a maximum being the replacement cost of the materials (books, paperbacks, phonograph records, audiobooks, cassettes, periodicals and materials from the vertical file). There shall be a five-day grace period for books and paperbacks borrowed from the adult collection. ii. All collections of art prints and sculpture and DVD’s, Blue-rays. $1.00 per day, with a maximum being the cost to replace the item. iii. Lost materials. Charges for lost or irreparably damaged items include the cost of the item plus a $5.00 non-refundable service charge. iv. Damaged materials. Charges are determined by the cataloging department of the library, based on the amount of time spent and materials used in repairing the item. – Cost of the item plus $5.00. v. Replacement of borrower's card. The initial card for County residents is free of charge. A $3.00 fee will be charged to replace a lost card. vi. Non-resident library cards. Library cards will be issued to out-of-County residents for an annual fee of $24.00; such card is valid for one year from the month of purchase. vii. Returned Check Fee is $15.00. viii. Any collection agency fees. Resolution No._________ Page 18 of 47 CHAPTER 28: MUNICIPAL COURT OF RECORD 1. Ch. 28. Municipal Court of Record a. Sec. 28-1(i). Generally. i. In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The Clerk shall note the payment of the fee on the docket of the Court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to Texas Government Code §§ 30.00014 and 30.00019. b. Sec. 28-3(b)(3). Juvenile Case Manager. i. Each defendant convicted of a fine-only misdemeanor offense in the Municipal Court shall pay a Juvenile Case Manager fee of $5.00 as a cost of Court in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a fine- only misdemeanor offense. c. Sec. 28-4(c). Municipal Court building security fund. i. Each defendant convicted of a misdemeanor offense in the Municipal Court shall pay a Municipal Court building security fee of $3.00 as a cost of Court, in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. d. Sec. 28-5(c). Municipal Court technology fund. i. Each defendant convicted of a misdemeanor offense in the Municipal Court of Record shall pay a Municipal Court technology fee of $4.00 in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. e. Sec. 28-6(b). Municipal Court child safety fund. i. Authorization for fund. For every violation of an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Texas Transportation Code § 542.202 or ch. 682 in the Municipal Court as a cost of Court, $5.00 shall be assessed in addition to any other fines, penalties, or Court costs and shall be collected in the same manner that other fines in the case are collected. Resolution No._________ Page 19 of 47 CHAPTER 32: PARKS AND RECREATION 1. Article II. Public Conduct in Parks and Recreational Areas Division 2. Use Permits a. Sec. 32-62(6). Application procedure. i. Payment of a fee, if any, as may from time to time be established by th e City Council by Section 2-117. PARKS & RECREATION DEPARTMENT FY 2019 GENERAL FUND USER FEES Effective January 1, 2019 ATHLETIC FIELDS 2019 1. Athletic Field Rental ~ One (1) Field, Per Day (Includes Field Redevelopment Fee of $15) $200 / day 2. Athletic Field Rental ~ One (1) Field, Per Hour, up to Seven (7) Hours. (Includes Field Redevelopment Fee of $5) $40 / hour 3. Athletic Field Rental Deposit Varies 4. Lights for Field Rentals (Per Hour/Per Field) $30 / hour 5. Game Field Prep Fee, Per Field $100 / field 6. Bee Creek Batting Cage Rental, Per Hour $15 / hour 7. Tournament/Event Rate Contact Parks and Recreation for Pricing 8. Key Fee (New Annual Fee and Replacement Fee) $10 each 9. TAMU Game Day Parking Fee @ a City Facility Parking Lot (City Hall & Wayne Smith Complex & Crompton Park) $10 / day 10. TAMU Game Day Parking Fee – Self Contained RV Unit $30 / day ~ In addition to the rental fees, a deposit will be charged and paid by the renter in advance of any tournament. The deposit will vary depending on the type and size of the tournament. ~ In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on the length and type of tournament in order to cover expenses incurred by the City for personnel and supplies needed to facilitate the tournament. ~ Initial game field prep and light fees are included in the daily rental fee, but not in hourly rental fees. Resolution No._________ Page 20 of 47 2019 PAVILION RENTAL DAILY RATES Resident Rate Non Resident Rate 1. Bee Creek (100) / Oaks (40) Pavilions Monday – Thursday $150 $180 Friday – Sunday, and Holidays $200 $240 Deposit $200 $200 2. Central (200) / Bachmann (300) Pavilions Monday – Thursday $250 $300 Friday – Sunday, and Holidays $300 $360 Deposit $200 $200 3. John Crompton Park Pavilion (100) Monday – Thursday $175 $210 Friday – Sunday, and Holidays $225 $270 Deposit $200 $200 4. American Pavilion in Veterans Park (500) Monday – Thursday $350 $420 Friday – Sunday, and Holidays $400 $480 Deposit $400 $400 5. Dog Park Rentals – (Steeplechase Park and University Park) $150 $180 6. Transfer / Cancellation Fee Per Change $20 ~ Deposits are refundable if the facility is left clean, damage-free, and the keys are returned. ~ Deposits are refundable, less the $20 cancellation fee if reservation is cancelled no later than seven (7) days prior to rental date. ~ ( ) – The parenthesis by each pavilion shows the limit of occupants that the pavilion can facilitate. PERMITS & COMMISSIONS 2019 1. Vendor Permit $50 2. Alcohol Permit $55 ~ Permit is required when alcohol is served at Lick Creek Nature Center, Lincoln Center, Meyer Community Center, Southwood Center, Wolf Pen Creek and Veterans Park rentals.) 3. Commissions: (Gross Sales minus Sales Tax) Food & Drinks 10% Other Goods 10% Alcoholic Beverages 20% Resolution No._________ Page 21 of 47 2019 WOLF PEN CREEK Resident Rate Non Resident Rate 1. Amphitheater Rentals Per Day: Private Rental $550 $660 Non Commercial ~ Benefit Rental $800 $960 Professional/Commercial Rentals $1,050 $1,260 2. Green Room Events ~ per hour, 2 hour minimum Non Commercial $75 $90 Commercial $100 $120 3. The Plaza at Wolf Pen Creek Rental (Includes Pavilion and Restrooms) $200 $240 4. Festival Site Rental Private Rental $200 $300 Non-Commercial ~ Benefit Rental $450 $540 Private Commercial Rental $650 $780 5. Amphitheater & Festival Site Rental Private Rental $650 $780 Non-Commercial ~ Benefit Rental $1,000 $1,200 Private Commercial Rental $1,250 $1,500 6. Deposit For Green Room, Plaza or Festival Site $200 For Amphitheater $600 7. Transfer / Cancellation Fee Per Change Per Rental Agreement ~ A percentage of ticketing and fees for service personnel and vending charges will be added accordingly for amphitheater rentals. ~ A percentage of the gate will be negotiated for commercial events. ~ Non Commercial is defined as: Non-profit, student, civic or private. ~ Security deposits are based upon participants/attendees. Resolution No._________ Page 22 of 47 PARKS & RECREATION DEPARTMENT FY 2019 REC FUND FEES Effective January 1, 2019 2019 ADULT SPORTS PER TEAM Resident Rate Non Resident Rate 1. Volleyball (No Field Redevelopment Fee Included) $225 2. Softball (Inc. $95/Team Field Redevelopment Fee) $390 3. KickBall (Inc. $95/Team Field Redevelopment Fee) $390 4. Basketball (No Team Field Redevelopment Fee) $225 5. Ultimate Frisbee (change from team to per person fee) $20 $24 6. Tennis Lessons Per Person (Moved from Instruction) $75 $90 7. Outside League Field Redevelopment Fee Per Team $95 $114 8. Outside League Per Game Contract Fee $15 $18 9. Transfer/Cancellation/Late Registration Fee $20 10. Transfer/Cancellation/Late Registration Fee $20 Adult sports are registered as a team unless otherwise noted. 2019 INSTRUCTION FEES PER PERSON Resident Rate Non Resident Rate 1. All class fees will be set according to the individual needs of each class and are based upon the City of College Station recovery policy. 2. Instruction Class Transfer / Cancellation Fee $20 2019 YOUTH SPORTS PER CHILD Resident Rate Non Resident Rate 1. Basketball / Youth Volleyball / Per Child $70 $84 2. Flag Football (Includes $10 Field Redevelopment Fee $70 $84 Resolution No._________ Page 23 of 47 3. Outside League Field Redevelopment Fee Per Child ~ All Sports $10 $12 4. Challenger Sports (Basketball, Bowling, Soccer) $15 $18 5. USTA Tennis League $100 $120 6. Tennis Lessons $75 $90 7. Start Smart Sport $35 8. Youth Sports Transfer/Cancellation Fee (Per Child) $20 2019 AQUATICS PROGRAMS Resident Rate Non Resident Rate 1. Swim Lessons 45-Minute Lesson $45 $54 25-Minute Lesson* $40 $48 2. Stroke Clinic NA NA 3. Water Fitness (Unlimited Pass) $100 4. Swim Team (No Field Redevelopment Fee) $125 (-$10 each sibling) 5. Transfer / Cancellation Fee $20 * Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length. 6. General Admission Per Person (Ages 3 and Up) Hallaran/Thomas $3 Adamson $6 7. Discount Pass – 25 Swims Hallaran/Thomas $60 *Adamson $120 8. Family Season Pass (Up to Five Family Members) Fee for Additional Members in Excess of Five $30 Per Person Hallaran/Thomas $200 *Adamson $275 Resolution No._________ Page 24 of 47 9. Individual Season Pass Hallaran/Thomas $100 *Adamson $150 10. Pool Rentals Thomas/Hallaran: Up to 100 people $250 $300 Adamson: Up to 100 people $375 $445 101 – 300 people $600 $720 301 – 600 people $800 $960 11. Pool Parties Per Person – (2 Hour Period) Pavilion Party (Four-table Limit) $20 12. Junior Lifeguard Program Per Person, Per Session $75 13. Lifeguard Training Fee, Per Person $150 14. WSI Class Fee, Per Person $150 (or $200 with Lifeguard) 15. Summer Day Camp (CSISD) Up to 50% res. rate 16. CPR/First Aid Certification Fee, Per Person $75 17. Transfer/Cancellation Fee for Pool Rentals 1/3 of rental fee *Adamson passes are also valid at Southwood Hallaran and Thomas pools. 2019 LINCOLN CENTER Resident Rate Non Resident Rate Programming 1. After School Program: Youth (17 & Under) (Qualifying Families – low income) $75/sem. $45/sem. $90/sem. $54/sem. Transportation Fee (CSISD to LRC) $45/sem. 2. Summer Program (Per Session) $60 $72 3. Late Pick-up Fee: 1st Fifteen Minutes $5 Each Additional Minute Thereafter $1 4. Membership Pass Adult (18 & over) $10/mo. $12/mo. Resolution No._________ Page 25 of 47 5. Non-Member Guest Pass Per Day (Youth or Adult) $2 $3 6. Pickleball $15 $18 7. Adult Fitness Pass $10/mo. or $100/yr. Facility Rentals 1. Gym Rentals Deposit $350 GOLD GYM $400 PURPLE GYM GOLD GYM - Half Court Rental per Hour (4-Hour Maximum) $50/hr. $60/hr. GOLD GYM - Full Court Rental per Hour (4-Hour Maximum) $75/hr. $90/hr. GOLD GYM - All Day Usage (More than 4 Hours) $350 $420 PURPLE GYM - Half Court Rental per Hour (4-Hour Maximum) $60/hr. $72/hr. PURPLE GYM - Full Court Rental per Hour (4-Hour Maximum) $85/hr. $102/hr. PURPLE GYM - All Day Usage (More than 4 Hours) $360 $432 Concession Usage (Gold Gym ) $30 $36 2. Game Room / Multi-purpose Room Rental Deposit $200 Per Hour (4-Hour minimum) $50/hr. $60/hr. 3. Community Room Rental Deposit $250 Per Hour (2-Hour minimum) $65/hr. $78/hr. Kitchen usage fee $25 $30 4. Activity Room Rental ( Violet, Orchid, Iris) Deposit $200 Per Hour (2-Hour minimum) $60/hr. $72/hr. 5. W.A. Tarrow Covered Basketball Pavilion (100) Deposit $200 $200 Monday – Thursday $150 $180 Friday – Sunday & Holidays $200 $240 6. Gym or Room Cancellation Fee 1/3 of rental 7. After hour rental charge $30 Resolution No._________ Page 26 of 47 2019 SOUTHWOOD CENTER Resident Rate Non Resident Rate Programming 1. Senior Annual Membership Pass $25 $30 2. Non-Member Guest Pass Per Day $2 $3 Facility Rentals 1. Meeting Room Rental, Per Hour, 2 hour minimum $55 $66 Deposit* $200 $200 2. Dance/Game Room Rental, Per Hour, 2 hour minimum $75 $90 Deposit* $200 $200 3. Whole Facility Rental Per Hour, 2 hour minimum (Excludes Computer Lab) $100 $120 Deposit* $200 $200 4. Computer Lab Rental Per Hour, 2 hour minimum $25 $30 5. Room or Rental Cancellation Fee 1/3 of rental * Deposits are refundable if the facility is left clean and damage-free. 2019 MEYER COMMUNITY CENTER Resident Rate Non Resident Rate Programming 1. Senior Annual Membership Pass $25 $30 2. Non-Member Guest Pass Per Day $2 $3 Facility Rentals 1. Deposit - all rooms* $200 2. Meeting Room Rental, Per Hour, 2 hour minimum $55 $66 3. Conference Room Rental, Per Hour, 2 hour minimum $35 $42 4. Activity Room Rental, Per Hour, 2 hour minimum $75 $90 5. Arts & Crafts Room Rental, Per Hour, 2 hour minimum $35 $42 * Deposits are refundable if the facility is left clean and damage-free. Resolution No._________ Page 27 of 47 2019 LICK CREEK NATURE CENTER Resident Rate Non Resident Rate Facility Rentals 1. Deposit - all rooms* $200 2. Meeting Room Rental, Per Hour, 2 hour minimum $100 $120 3. Outdoor Classroom, Per Hour, 2 hour minimum $35 $42 4. Amphitheater, Per Hour, 2 hour minimum $25 $30 Resolution No._________ Page 28 of 47 CHAPTER 34: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1. Article I. In General a. Sec. 34-2(c). Encroachments upon easements. i. Application fee. An application for a license to encroach shall be accompanied by a non-refundable filing fee as established by City Council resolution in Section 2- 117. - $810.00 b. Sec. 34-4(b). Guidelines for consideration of requests for directional signs in public rights-of-way. i. Any application shall be processed for a fee of $25.00 and shall be filed within the Office of the City Manager. The City Manager shall review the application based upon the criteria in Subsection (a) of this section. In the event the City Manager denies the application, the applicant may appeal the decision to the City Council. Upon receipt of written notice of an appeal from the applicant, the City Secretary shall place the application on the next available Council agenda. 2. Article II. Street, Sidewalk, Right-Of-Way and Driveway Construction and Repair a. Sec. 34-36(b). Driveways. i. The driveway permit fee is established in Section 2-117, which shall be of an amount to cover the cost of licensing and maintaining records. 3. Article III. Right-of-Way Use Division 2. Permit a. Sec. 34-100. Fee. i. The applicant or permit holder shall pay a fee established in Section 2-117 for the right-of-way improvements permit that shall be the same as that charged in Chapter 14, Section of the City of College Station Code of Ordinances as amended from time to time. - $380.00 b. Sec. 34-102(14). Conditions. i. If irrigation and/or electrical lines are to be extended across a paved roadway, the applicant must pay a one-time fee in the amount of $35.00 per square yard of extension area. The extension area is equivalent to three times the yard length to be installed under the roadway. The fee will be waived if the applicant installs sleeves under the pavement and places the irrigation and/or electrical in the sleeves. Resolution No._________ Page 29 of 47 4. Article IV. Utility Right-of-Way Use Division 2. Registration and Construction Permits Subdivision II. Construction Permits a. Sec. 34-190(b). Generally. i. The registration fee of $50.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. ii. The construction permit fee of $850.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. 5. Article V. Parades and Motorcades Division 2. Permit a. Sec. 34-248. Fee. i. Upon submission of an application, an application fee shall be paid. The application fee shall be set by the City Council by resolution from time-to-time as the Council deems necessary established in Section 2-117. This application fee will not apply to applicants conducting lawful expressions of opinion protected under the First Amendment of the United States Constitution. - $100.00 Resolution No._________ Page 30 of 47 CHAPTER 38: TRAFFIC AND VEHICLES 1. Article II. Stopping, Standing and Parking Division 3. Northgate Area a. Sec. 38-106. Northgate Promenade Parking Lot fee schedule. i. The City Manager or designee may adjust the parking fee up to or below the amounts set below. The following fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Promenade Parking Lot, located at 310 Church Street. 1. Per hour fee up to $3.50 per hour. 2. Special event fee up to $25.00 per day. 3. Game day fee up to $25.00 per day. b. Sec. 38-107. Northgate Parking Garage fee schedule. i. The City Manager or designee may adjust the parking fee up to or below the amounts established. The following fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Parking Garage, located at 309 College Main. 1. Per hour fee up to $3.00 per hour. 2. Lost ticket fee up to $25.00 per day. 3. Special event fee up to $25.00 per day. 4. Game day fee up to $25.00 per day. ii. License agreements. The City Manager or designee may enter into license agreements for the use of parking spaces in the Northgate College Main Parking Garage and may charge the following fees established in Section 2-117. 1. Twenty-four-hour—Seven days a week licenses (24/7). Up to $2,000.00 annually, or up to $700.00 per semester or up to $200.00 per month. 2. Daytime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month. 3. Charge a non-refundable administrative fee up to $50.00 upon execution of a license agreement to park in the garage. 4. Nighttime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month c. Sec. 38-108. Northgate on-street parking fee schedule. i. The City Manager or designee may adjust the parking fee up to or below the amounts set below established. The following fees established in Section 2-117 shall be charged for the use of an on-street parking space provided by the City and adjacent to a parking meter anywhere in the Northgate Area, generally located between South College on the East, Wellborn Road on the West, University Drive on the South and the City limit on the North. 1. Per hour fee up to $3.50 per hour. 2. Special event fee up to $25.00 per day. 3. Game day fee up to $25.00 per day. Resolution No._________ Page 31 of 47 CHAPTER 40: UTILITIES 1. Article I. In General a. Sec. 40-3(c). Creation of municipal utility districts. i. Reimbursement for expenses. 1. Petition to create district. Within 6 months after consent to the creation of a district is given by the City, or within 3 months after the district is created by the Texas Commission on Environmental Quality or its successor agency, whichever is later, the owner or the developer of the land within the district must pay the fee established pursuant to Section 2- 117 to reimburse the City for expenses relating to processing the petition to create the district. - $30,260.00 2. Petition to annex or acquire land. To partially reimburse the City for expenses related to a district’s annexation or acquisition of land, the owner or developer of land within the district that has not paid the Council- approved fee to process the petition to create the district must make a one- time payment in the amount established pursuant to Section 2-117 within six months after receiving the City’s consent to annex or after the district acquires land that is not contiguous to the district’s boundaries; or contiguous to the district’s boundaries and greater than 5 acres. - $30,260.00 3. Infrastructure plan review and inspection fee. The infrastructure plan review and inspection fee means the fee established pursuant to Section 2-117 to reimburse the City for engineering and planning fees and expenses related to the City’s review of plans and specification of the district’s facilities; and inspection of the district’s facilities. - 1.5% of infrastructure cost ($600.00 minimum) Resolution No._________ Page 32 of 47 b. Sec. 40-4. Roadway Maintenance Fee. LAND USE/VEHICLE-MILE-EQUIVALENCY TABLE ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) PORT AND TERMINAL 030 Truck Terminal Acre 26.20 6.55 6.55 4.00 INDUSTRIAL 110 General Light Industrial 1,000 SF GFA 3.88 0.97 0.97 4.00 INDUSTRIAL 120 General Heavy Industrial 1,000 SF GFA 2.72 0.68 0.68 4.00 INDUSTRIAL 130 Industrial Park 1,000 SF GFA 3.40 0.85 0.85 4.00 INDUSTRIAL 150 Warehousing 1,000 SF GFA 1.28 0.32 0.32 4.00 INDUSTRIAL 151 Mini- Warehouse 1,000 SF GFA 1.04 0.26 0.26 4.00 RESIDENTIAL 210 Single-Family Detached Housing Dwelling Unit 4.00 1.00 1.00 4.00 RESIDENTIAL 220 Apartment/M ulti-family Dwelling Unit 2.48 0.62 0.62 4.00 RESIDENTIAL 230 Residential Condominium /Townhome Dwelling Unit 2.08 0.52 0.52 4.00 RESIDENTIAL 240 Mobile Home Park / Manufactured Housing Dwelling Unit 2.36 0.59 0.59 4.00 RESIDENTIAL 251 Senior Adult Housing- Detached Dwelling Unit 1.08 0.27 0.27 4.00 RESIDENTIAL 252 Senior Adult Housing- Attached Dwelling Unit 1.00 0.25 0.25 4.00 RESIDENTIAL 254 Assisted Living Beds 0.88 0.22 0.22 4.00 LODGING 310 Hotel Room 1.20 0.60 0.60 2.00 LODGING 320 Motel / Other Lodging Facilities Room 0.94 0.47 0.47 2.00 RECREATIONAL 432 Golf Driving Range Tee 2.50 1.25 1.25 2.00 RECREATIONAL 430 Golf Course Acre 0.60 0.30 0.30 2.00 RECREATIONAL 495 Recreational Community Center 1,000 SF GFA 5.48 2.74 2.74 2.00 RECREATIONAL 465 Ice Skating Rink 1,000 SF GFA 4.72 2.36 2.36 2.00 RECREATIONAL 431 Miniature Golf Course Hole 0.66 0.33 0.33 2.00 Resolution No._________ Page 33 of 47 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) RECREATIONAL 445 Multiplex Movie Theater Screens 27.28 13.64 13.64 2.00 RECREATIONAL 491 Racquet / Tennis Club Court 6.70 3.35 3.35 2.00 INSTITUTIONAL 560 Church 1,000 SF GFA 1.10 0.55 0.55 2.00 INSTITUTIONAL 565 Day Care Center 1,000 SF GFA 13.82 12.34 44% B 6.91 2.00 INSTITUTIONAL 522 Primary/Midd le School (1- 8) Students 0.32 0.16 0.16 2.00 INSTITUTIONAL 530 High School Students 0.26 0.13 0.13 2.00 INSTITUTIONAL 540 Junior / Community College Students 0.24 0.12 0.12 2.00 INSTITUTIONAL 550 University / College Students 0.34 0.17 0.17 2.00 MEDICAL 630 Clinic 1,000 SF GFA 19.53 5.18 5.18 3.77 MEDICAL 610 Hospital 1,000 SF GFA 3.51 0.93 0.93 3.77 MEDICAL 620 Nursing Home Beds 0.83 0.22 0.22 3.77 MEDICAL 640 Animal Hospital/Vete rinary Clinic 1,000 SF GFA 9.90 4.72 30% B 3.30 3.00 OFFICE 714 Corporate Headquarters Building 1,000 SF GFA 5.64 1.41 1.41 4.00 OFFICE 710 General Office Building 1,000 SF GFA 5.96 1.49 1.49 4.00 OFFICE 720 Medical- Dental Office Building 1,000 SF GFA 13.46 3.57 3.57 3.77 OFFICE 715 Single Tenant Office Building 1,000 SF GFA 6.96 1.74 1.74 4.00 OFFICE 750 Office Park 1,000 SF GFA 5.92 1.48 1.48 4.00 COMMERCIAL: Automobile Related 942 Automobile Care Center 1,000 SF Occ. GLA 3.74 3.11 40% B 1.87 2.00 COMMERCIAL: Automobile Related 843 Automobile Parts Sales 1,000 SF GFA 6.82 5.98 43% A 3.41 2.00 COMMERCIAL: Automobile Related 944 Gasoline/Serv ice Station Vehicle Fueling Position 4.82 13.87 42% A 8.04 0.60 COMMERCIAL: Automobile Related 945 Gasoline/Serv ice Station w/ Conv Market Vehicle Fueling Position 3.56 13.51 56% B 5.94 0.60 Resolution No._________ Page 34 of 47 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) COMMERCIAL: Automobile Related 946 Gasoline/Serv ice Station w/ Conv Market and Car Wash Vehicle Fueling Position 3.66 13.86 56% A 6.10 0.60 COMMERCIAL: Automobile Related 841 New Car Sales 1,000 SF GFA 4.20 2.62 20% B 2.10 2.00 COMMERCIAL: Automobile Related 941 Quick Lubrication Vehicle Shop Servicing Positions 6.22 5.19 40% B 3.11 2.00 COMMERCIAL: Automobile Related 947 Self-Service Car Wash Stall 1.99 5.54 40% B 3.32 0.60 COMMERCIAL: Automobile Related 948 Automated Car Wash Stall 5.08 14.12 40% B 8.47 0.60 COMMERCIAL: Automobile Related 848 Tire Store 1,000 SF GFA 5.98 4.15 28% A 2.99 2.00 COMMERCIAL: Dining 934 Fast Food Restaurant with Drive- Thru Window 1,000 SF GFA 32.66 32.65 50% A 16.33 2.00 COMMERCIAL: Dining 933 Fast Food Restaurant without Drive-Thru Window 1,000 SF GFA 26.16 26.15 50% B 13.08 2.00 COMMERCIAL: Dining 932 High Turnover (Sit- Down) Restaurant 1,000 SF GFA 11.22 9.85 43% A 5.61 2.00 COMMERCIAL: Dining 931 Quality Restaurant 1,000 SF GFA 8.38 7.49 44% A 4.19 2.00 COMMERCIAL: Dining 937 Coffee/Donut Shop with Drive-Thru Window 1,000 SF GFA 25.68 42.80 70% A 12.84 2.00 COMMERCIAL: Other Retail 815 Free-Standing Discount Store 1,000 SF GFA 6.98 4.98 30% C 3.49 2.00 COMMERCIAL: Other Retail 817 Nursery (Garden Center) 1,000 SF GFA 9.72 6.94 30% B 4.86 2.00 COMMERCIAL: Other Retail 862 Home Improvement Superstore 1,000 SF GFA 2.42 2.33 48% A 1.21 2.00 COMMERCIAL: Other Retail 880 Pharmacy/Dr ugstore w/o Drive-Thru Window 1,000 SF GFA 7.90 8.40 53% A 3.95 2.00 COMMERCIAL: Other Retail 881 Pharmacy/Dr ugstore w/ Drive-Thru Window 1,000 SF GFA 10.10 9.91 49% A 5.05 2.00 COMMERCIAL: Other Retail 820 Shopping Center 1,000 SF GLA 4.90 3.71 34% A 2.45 2.00 Resolution No._________ Page 35 of 47 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) COMMERCIAL: Other Retail 850 Supermarket 1,000 SF GFA 12.14 9.48 36% A 6.07 2.00 COMMERCIAL: Other Retail 864 Toy/Children' s Superstore 1,000 SF GFA 6.98 4.99 30% B 3.49 2.00 COMMERCIAL: Other Retail 875 Department Store 1,000 SF GFA 2.62 1.87 30% B 1.31 2.00 COMMERCIAL: Other Retail 896 Video Rental Store 1,000 SF GFA 13.60 13.60 50% B 6.80 2.00 SERVICES 911 Walk-In Bank 1,000 SF GFA 12.38 12.13 40% B 7.28 1.70 SERVICES 912 Drive-In Bank Drive-in Lanes 29.95 33.24 47% A 17.62 1.70 SERVICES 918 Hair Salon 1,000 SF GLA 1.73 1.45 30% B 1.02 1.70 ROADWAY MAINTENANCE FEE SCHEDULE Vehicle Miles Traveled Monthly Charge Nonresidential Tier I 0 - 23.99 $17.23 Tier II 24.00 - 43.99 $38.71 Tier III 43.99 - 90.99 $74.71 Tier IV 91.00 - 223.99 $152.39 Tier V 224.00+ $250.00 Residential Single Family Flat Fee/Dwelling Unit $7.78 Multi-Family Flat Fee/Dwelling Unit $6.10 c. Sec. 40-11. Payment of bills. i. Payments must be received at the Utility Customer Service Office on or before the due date to avoid late charges. Payments received after the due date will be assessed a penalty equaling ten percent of the current monthly charges with a minimum charge of $3.00. d. Sec. 40-12. Returned check fee. i. A fee of $25.00 will be charged for each returned check used to pay any amount on a utility account. This fee is in addition to other fees owed to the City for utility services. ii. Credit Card Charge Back Fee - $25.00 Resolution No._________ Page 36 of 47 e. Sec. 40-13(b). Disconnection and reconnections. i. A $25.00 delinquent fee will be charged on each residential account. ii. A $150.00 delinquent fee will be charged on each commercial account. f. Sec. 40-15. Account creation or Reactivation fee. i. All customers creating a utility account or opening additional account numbers shall pay a fee for creating a utility account, regardless the number of services provided by the City. Account creation fee: $30.00. 2. Article II. Water and Sewer Service Division 2. Rates, Usage Charges and Fees a. Sec. 40-63. Reserved for future use. b. Sec. 40-64. Rates for water service. i. All retail customers using water shall have a monthly service charge based on the water meter size and a monthly usage charge as follows: ii. Service charge: established in Section 2-117. Meter Size Service Charge 1. ¾ inch $10.80 per month 2. 1 inch $13.55per month 3. 1.5 inch $20.17per month 4. 2 inch $31.85per month 5. 3 inch $100.53per month 6. 4 inch $149.35per month 7. 6 inch $181.82per month 8. 8 inch $181.82per month iii. Residential usage charge: Defined to be a domestic meter or irrigation meter serving a residence with one or two living units: 1. $2.40 per 1,000 gallons for usage from 0—10,000 gallons 2. $3.12 per 1,000 gallons for usage from 11,000—15,000 gallons 3. $3.83 per 1,000 gallons for usage from 16,000—20,000 gallons 4. $4.54 per 1,000 gallons for usage from 21,000—25,000 gallons 5. $5.26 per 1,000 gallons for usage of 26,000 gallons and more iv. Commercial usage charge: Defined to be a meter serving three or more living units or any commercial location, providing water for domestic usage: 1. $2.64 per 1,000 gallons v. Commercial irrigation usage charge: Defined to be a meter serving a commercial customer dedicated for non-domestic usage: 1. $2.84 per 1,000 gallons 2. $2.64 per 1000 Residential Multifamily 3 plus units vi. Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge Resolution No._________ Page 37 of 47 c. Sec. 40-65. Rates for sewerage service. i. For customers using sewerage service for household purposes, where City water service is provided with a meter for each residential unit, the monthly charges shall be as follows: 1. Service charge: $21.29for first 4,000 gallons of water metered. 2. Usage charge: $4.26per 1,000 gallons of water usage for the next 5,000 gallons of water metered. 3. Maximum billing: $46.87cap for metered water is 10,000 gallons. ii. For customers using sewerage service for household purposes, multifamily residences with kitchen facilities in each residential unit where water service is provided without a meter for each residential unit shall pay a monthly charge per household unit as $27.09. iii. For customers using sewerage service for household purposes, multifamily residences with more than 50 units without kitchen facilities in each unit shall pay a monthly charge per household unit of $16.91. iv. For customers using sewerage service for household purposes, multifamily residences having 50 residential units or less without kitchen facilities in each residential unit, where water service is provided without a meter for each residential unit such as, but not limited to, fraternity houses, sorority houses, boarding houses and privately owned student dorms, the monthly charges shall be as follows: 1. Service charge as $18.27per month. 2. Usage charge as $4.26per 1,000 gallons of water usage. v. For customers using sewerage service for commercial, industrial, or institutional business establishments, the monthly charges shall be as follows: 1. Service charge as $18.27 per month. 2. Usage charge as $5.07 per 1,000 gallons of water usage. vi. For customers outside the City water service area (where City water meters do not exist), using City sewerage service for commercial, industrial, or institutional business establishments the customer will be charged a monthly rate, based on average rounded water use for the previous 12 months, the monthly charges shall be as follows: 1. Service charge as $18.27 per month. 2. Usage charge as $5.07 per 1,000 gallons of water usage, based on average monthly water use for the previous 12 months. vii. For customers outside the City water service area (where City water meters do not exist), using City sewerage service for household purposes, the customer will be charged the monthly rate as set out in section 2-1 for 10,000 gallons per month, unless the customer establishes, as determined by the City Manager, that the average rounded water usage is less than 9,001 gallons per month in which case the customer will be charged the following amount: 1. 0—5,000 gallons per month $21.29 2. 5,001—7,000 gallons per month $29.81 3. 7,001—9,000 gallons per month $38.34 4. 9,001—10,000 > gallons per month $46.87 Resolution No._________ Page 38 of 47 viii. For customers where sewerage service is provided through a satellite wastewater treatment plant not connected to the City's main sewer collection and treatment system (typically outside the corporate limits of the City) the monthly charge per residential unit is as $51.50. ix. All customers receiving sewer service under contract where the sewer rates are not addressed in the contract shall pay 1.15 times the amounts set forth above. x. Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge. d. Sec. 40-66. Water and sewer service connection fees, and sewer inspection fees. i. Fee for water service connection. The City will charge a service charge to all customers connecting to the water system within or outside the corporate limits of the City. The service charge will be based on water meter size. 1. The water service connection fee shall apply to all connections to the water system, including meter set-ins. The service charge for water connection is: Meter Size Charge a. ¾ inch $643.42 b. 1 inch $783.34 c. 1 ½ inch $2,121.06 d. 2 inch $3,138.66 2. For three-inch and larger water meters, a $100.00 service charge will be assessed and includes only an inspection fee. Meters of this size must be purchased by the developer that meet current City specifications. The developer is responsible for contracting a licensed/bonded contractor, acquiring applicable permits to install the service connection in accordance with City specifications, and is to be inspected by the City before meter is placed into service. ii. Fee for sewer service connection. All customers connecting to the sewerage system within or outside the corporate limits of the City will have a service charge based on sewer connection size. Sewer Connection Size Charge a. 4 inch / RESIDENTIAL $350.00 b. 6 inch / NONRESIDENTIAL $100.00 e. Sec. 40-67. Fire flow testing. i. For customers requesting a fire flow test on the existing City water system, an additional charge established in Section 2-117 will be assessed as described herein. 1. Fire Flow Test Fee: $100.00 per tested hydrant. Division 6. Cross-Connection Control and Backflow Prevention f. Sec. 40-244. Cross-connection control program fees. i. Backflow prevention assembly registration fee. There is a non-refundable registration fee for each nonresidential backflow prevention assembly device of $25.00 per each separate device. Resolution No._________ Page 39 of 47 ii. Certified backflow prevention device tester registration fee. Annual registration fee for approved testers shall be a non-refundable fee of $50.00. iii. Testing form booklet fee. The fee for a testing form booklet of 30 test forms shall be $25.00 each. Other forms may be used with prior approval from the City. iv. Deposit fee for fire hydrant water meter with backflow prevention device. There shall be a refundable deposit fee for fire hydrant meters with backflow prevention devices of $1,000.00. This fee shall be refunded when the meter/device is returned in good working order. v. Fire Hydrant Meter Connection Fee - $400.00 3. Article III. Electric System Division 2. Rate Schedules a. Sec. 40-315. Electric Rate Schedule R (residential customers). • Rate: • Service charge, $7.00 per month; plus: • Energy charge, $0.1169 per kWh for all kWh, except $0.1123 per kWh for all kWh in the billing months of November through April. • Transmission Delivery Adjustment - $.005 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. • 10% participation: $0.1174 per kWh for all kWh, except $0.1128 per kWh for all kWh in the billing months of November through April. • 50% participation: $0.1194 per kWh for all kWh, except $0.1148 per kWh for all kWh in the billing months of November through April. • 100% participation: $0.1219 per kWh for all kWh, except $0.1173 per kWh for all kWh in the billing months of November through April. b. Sec. 40-316. Electric Rate Schedule R-1 (master metered residential units). • Rate: • Service charge, $100 per month; plus: • $0.1169 per kWh for all kWh, except, 0.1123 per kWh for all kWh in the billing months of November through April. • Transmission Delivery Adjustment - $.005 per kWh • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. • 10% participation: $0.1174 per kWh for all kWh, except $0.1128 per kWh for all kWh in the billing months of November through April. • 50%participation: $0.1194 per kWh for all kWh, except $0.1148 per kWh for all kWh in the billing months of November through April. • 100% participation: $0.1219 per kWh for all kWh, except $0.1173 per kWh for all kWh in the billing months of November through April. c. Sec. 40-317. Electric Rate Schedule SC (small commercial customers). • Rate: 1. Service charge. $9.00 per month; plus Resolution No._________ Page 40 of 47 2. Energy charge. First 1,000 kWh $0.1344 per kWh, $0.1028 per kWh for all kWh over 1000. 3. Transmission Delivery Adjustment - $.005 per kWh • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: First 1,000 kWh $0.1349, $0.1033 all additional kWh 2. 50% participation: First 1,000 kWh $0.1369, $0.1053 all additional kWh 3. 100% participation: First 1,000 kWh $0.1394, $0.1078 all additional kWh d. Sec. 40-318. Electric Rate Schedule LP-1 (medium commercial customers). i. Rate: 1. Service charge. $25.00 per month; plus 2. Demand charge. $10.40 per kW of monthly billing demand; plus 3. Energy charge. $0.0729 per kWh for all kWh. 4. Transmission Delivery Adjustment - $.005 per kWh ii. Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $181.00 - per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2. The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3. The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: $0.0734/kWh 2. 50% participation: $0.0754/kWh 3. 100% participation: $0.0779/kWh e. Sec. 40-319. Electric Rate Schedule LP-2 (large commercial). i. Rate: 1. Service charge: $75.00 per month; plus 2. Demand charge: $10.40 per kW of monthly billing demand; plus 3. Energy Charge: $0.0703 per kWh for all kWh ii. Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,195.00 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2. The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt- hours used. Resolution No._________ Page 41 of 47 3. The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii. The applicable rate schedule demand charges shall be replaced by the following on-peak/off-peak rates: 1. On-peak demand charge: $6.65; plus 2. Off-peak demand charge: $3.75. iv. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0708/kWh 2. 50%: $0.0728/kWh 3. 100%: $0.0753/kWh f. Sec. 40-320. Electric rate Schedule LP-3 (industrial and institutional). i. Rate: 1. Service charge: $250.00 per month; plus 2. Demand charge: $9.85 per kW of monthly billing demand; plus 3. Energy charge: $0.0682 per kWh for all kWh. ii. Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest of the following charges: 1. $15,034.85 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2. The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt- hours used. 3. The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii. The applicable rate schedule demand charges shall be replaced by the on- peak/off-peak rates established in Section 2-117. 1. On-Peak Demand Charge: $6.65, plus 2. Off-Peak Demand Charge: $3.75 iv. Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: $0.0687/kWh 2. 50% participation: $0.0707/kWh 3. 100% participation: $0.0732/kWh g. Sec. 40-321. Electric Rate Schedule SL (security lights). i. The rates per month per light are established in Section 2-117. 1. 100 Watt (or equivalent) $11.25 2. 200 Watt (or equivalent) $16.50 3. 400 Watt (or equivalent) $33.00 Resolution No._________ Page 42 of 47 h. Sec. 40-323. Electric Rate Schedule PQF. i. Rate. The City will pay the QF producer for all power purchased at the following rates: 1. Capacity. No payment shall be made, except by separate firm power contract between the producer and the City. 2. Energy. The metered output from the producer will be purchased at a rate equal to the City's total energy and transmission delivery cost divided by the total kilowatt-hours purchased, as calculated from the most recent wholesale power bill. In the event that the producer exercises the option to sell power to the City, there will be assessed, in addition to the minimum monthly bill requirements under the applicable service rate schedule, a customer service charge of $15.00 per month to cover costs realized for metering, billing, maintenance, administrative, and other expenses necessary to maintain service to the QF. i. Sec. 40-325. Electric Rate Schedule SRE. i. Rate. In a billing month after the retail customer receives approval to interconnect their on-site generating system to the City s electric distribution system, the customer will be billed: 1. Based upon their current electric service rate for the kilowatt-hours used from the City s electric distribution system. The excess kilowatt- hours that are passed back to the system from their on-site generation will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt-hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. 2. The calculated amount for the excess kilowatt-hours passed back to the system will be credited to the current balance of the retail customer s utility account. If a credit exists at any time on the account, the customer may request in writing a refund for the credit amount. If the customer closes the account with a credit remainder in their account, they will be refunded this amount. 4. Article IV. Solid Waste Collection and Disposal Division 2. Waste Collection Generally a. Sec. 40-389. Residential collection generally. i. Any customer generating more waste than one container will hold may request an additional container and shall pay an additional fee as established in Section 2- 117. - $11.20 b. Sec. 40-391. Commercial collection. i. If a container is unserviceable, such as being blocked or containing prohibited items, the City truck shall return to empty the container only after the container is Resolution No._________ Page 43 of 47 clear from other vehicles and/or prohibited items are removed from the container for a fee as established in Section 2-117. - $10.10 c. Sec. 40-395. Unprepared solid waste. i. The City's Sanitation Division shall cause the clean-up of the improperly or unprepared waste, litter or debris that constitutes a health or nuisance to the community. The fee established in Section 2-117 or the actual cost of cleanup, whichever is greater, shall be paid by the responsible party. - $66.00 d. Sec. 40-399. Small animals. i. Upon notice, the City will remove and dispose of small dead animals, including, but not limited to, dogs, cats, chickens, ducks and geese, either from private property or public rights-of-way, excluding animal clinics. - $20.00 ii. Customers requesting removal from private property shall place the animal in a plastic bag and place the bag curbside before notification of pick up. Removal and disposal of small dead animals from private animal clinics shall be for a fee as established in Section 2-117. - $20.00 Division 4. Rates and Charges e. Sec. 40-495. Generally. i. Solid waste collection rates are applied based on both the method and number of services provided. Except as otherwise provided in this division, the charges for solid waste collection and disposal shall be assessed according to the following schedule: $16.00 Each single family detached residential unit or residential units in a building with less than a total of four attached residential units in a complex where each residential unit has been assigned a seventy (70) gallon automated solid waste container and provided with garbage, rubbish, brush and recycling collection once weekly. $11.20 Additional monthly fee for each residential unit that has been assigned more than one seventy (70) gallon automated solid waste container. This rate shall be assessed for each additional container utilized. $16.00 Each residential unit in a building with less than a total of four attached residential units in a complex that has been assigned a shared three hundred (300) gallon or larger automated solid waste collection container, that has not been identified as a multifamily apartment complex by the City, and provided with twice per week garbage collection, once per week curbside recycling collection and once per week rubbish/brush collection. $7.50 Each residential unit in a building with a total of four or more attached residential units in a complex that has been identified as a multifamily apartment complex by the City, and is assigned a large solid waste container shared by multiple residential units for garbage collection only. Service will be provided twice weekly. Fraternities, Sororities, Privately owned Student Dorms, and customers within a residential Resolution No._________ Page 44 of 47 and mixed use location shall not be assessed this rate, and will be charged according to the variable commercial collection rates listed in paragraph (2) below. $14.95 Minimum monthly charge for small businesses that jointly use a commercial-type refuse container without causing a health, sanitation or litter problem. f. Sec. 40-496. Commercial collection rates. i. The monthly per container garbage collection and disposal charge for commercial locations shall be based on container size, number of containers utilized and frequency of collection per week. Container Size Frequency of Collection Monthly Rate Ninety gallon automated 1 $18.00 2 $37.00 3 $55.00 4 $72.00 5 $90.00 6 $106.00 300/400 gallon automated or two cubic yard non compactor 1 $132.00 2 $174.00 3 $212.00 4 $250.00 5 $290.00 6 $336.00 Four cubic yard non compactor 1 $166.00 2 $220.00 3 $271.00 4 $329.00 5 $386.00 6 $436.00 Eight cubic yard non compactor 1 $204.00 2 $283.00 3 $362.00 4 $439.00 5 $519.00 6 $595.00 Two cubic yard compactor 1 $138.00 2 $274.00 3 $412.00 4 $549.00 5 $684.00 6 $822.00 Four cubic yard compactor 1 $184.00 Resolution No._________ Page 45 of 47 2 $370.00 3 $554.00 4 $739.00 5 $925.00 6 $1110.00 Six cubic yard compactor 1 $248.00 2 $499.00 3 $748.00 4 $997.00 5 $1245.00 6 $1494.00 Sec. 40-497. Additional charges. ii. The following Additional charges established in Section 2-117 will be assessed and collected upon the performance of the following described service or the occurrence of the described use or condition: 1. Per cycle fee for usage of the Northgate Promenade Commercial Compactor. The minimum monthly charge as described in Section 40-495 for small businesses that jointly use a commercial-type refuse container will apply until usage exceeds five cycles per calendar month. - $17.19- plus $3.63 per access after six or more times to access 2. Daily rental fee for the use of any City-owned, 20 cubic yard roll-off container. - $3.77 3. Daily rental fee for the use of any City-owned, 30 cubic yard roll-off container. - $4.04 4. Daily rental fee for the use of any City-owned, 40 cubic yard roll-off container. - $4.30 5. Per carcass fee for 1 to 19 animal carcasses collected from a commercial veterinarian, plus a flat rate service charge of $20.00. The flat rate service charge is waived for 20 or more animal carcasses collected at one time. 6. Additional fee for collection service requested by customer in addition to the scheduled service on a 90-gallon container. - $13.20 7. Additional fee for any location (other than residential) where the container was blocked and the collection vehicle must return to provide service. - $19.85 8. Additional fee for collection service requested by customer in addition to the scheduled service on a 300-gallon or 400-gallon container. - $26.00 9. Additional fee for delivery and set-up on any City-owned, roll-off container. - $37.95 10. Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard container. - $26.00 11. Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard compactor. - $33.00 12. Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard container. - $40.00 Resolution No._________ Page 46 of 47 13. Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard compactor. - $46.30 14. Additional fee for collection service requested by customer in addition to the scheduled service on an eight-cubic yard container. - $53.00 15. Additional fee for collection service requested by customer in addition to the scheduled service on a six cubic yard compactor. - $60.00 16. Unprepared solid waste minimum charge. - $66.00 17. All roll-off container service per load plus current per-ton landfill charge. - $175.95 5. Article V. Drainage Utility a. Sec. 40-524. Rates. i. All charges shall be made in accordance with the classification of properties by the following categories: 1. Residential service shall be charged on the basis of a set fee per residential unit. a. Each single-family detached residential unit and each duplex residential unit: $5.00 per month. b. Each residential unit with two or more attached residential units and all residential units in a complex identified as a multifamily apartment complex: $2.25 per month. 2. All other lots, tracts and parcels of land within the City shall be considered and charged on the basis of commercial use in accordance with the schedule of drainage charges established in Section 2-117 which are hereby levied against all such remaining lots, tract or parcels of land within the City unless covered by exemptions listed herein. Commercial service shall be calculated on the basis of building square footage. $2.35/1,000 sq. ft. per month. Resolution No._________ Page 47 of 47 CHAPTER 103: BUILDINGS AND BUILDING REGULATIONS 1. Article V. Single-Family and Duplex Unit Rental Registration a. Sec. 103-242(d). Registration required. i. A fee established of $15.00 shall be assessed per building at the time of any required registration. . City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:218-0597 Name: Status:Type:Contract Consent Agenda File created:In control:9/4/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion regarding City of College Station Excess Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability, Auto Property Damage, Cyber Liability, Unmanned Aircraft liability and property; Special Events policies for Fiscal Year 2019. FY19 premiums for all lines of coverage are not to exceed $512,000. Sponsors:Alison Pond Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding City of College Station Excess Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability, Auto Property Damage, Cyber Liability, Unmanned Aircraft liability and property; Special Events policies for Fiscal Year 2019. FY19 premiums for all lines of coverage are not to exceed $512,000. Relationship to Strategic Goals: Good Governance Financially Sustainable City Recommendation(s): The City of College Station Human Resources and Risk Management Department recommends approval of the above referenced insurance policies for the period October 1, 2018 to October 1, 2019. Summary: Risk Management completed applications to solicit proposals for Excess Liability, Workers’ Compensation and Excess Liability, Property/Boiler & Machinery, Commercial Crime, Auto Physical Damage, UAV liability and property; EMT Liability and Cyber Liability. Sole Broker of Record McGriff, Seibels and Williams of Texas, Inc., submitted the City’s applications to the appropriate carriers and evaluated all proposals submitted. The City’s property program had a total insured value increase of 5.8 percent, and the carrier’s rate increased 12.7 percent for Property, Mobile Equipment, Boiler & Machinery and Fleet Catastrophic Loss, resulting in a premium increase of 18.5 percent. Excess Liability coverage had a premium reduction of 11.4 percent, with coverage added for animal mortality for two canine officers. Excess Workers’ Compensation coverage saw a rate increase of two percent, with a 1.6 percent increase for payroll increases. The City’s vehicle schedule expanded significantly with additional higher-value vehicles, and two paid losses resulting in the Auto Physical Damage premium for vehicles valued at College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0597,Version:2 more than $50,000 increasing 17 percent. EMT liability coverage rates increased one percent, with no premium increase based on exposures (number of ambulances). Commercial crime coverage rates increased 2.6 percent, based on increased exposures. The cyber liability premium increase 14.5 percent based on increased exposures. New coverage is proposed for the City’s Unmanned Aircraft (UAV) Fleet, which consists of four FAA-approved aircraft managed by the College Station Fire Department. Liability and hull coverage is included. First dollar coverage for special events saw a 2.3 percent increased based on added City-sponsored events. Overall, FY19 insurance premiums, including the addition of UAV coverage and animal mortality coverage, total $516,371, an increase from FY18 of $17,016.00 or approximately 3.4 percent. Budget & Financial Summary: Funds are available in the FY19 budget in the Property/Casualty Fund and the Workers’ Compensation Fund. Attachments: None College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0598 Name: Status:Type:Agreement Consent Agenda File created:In control:9/6/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion regarding increasing the FY 2018 expenditure limit for the purchase of Police uniforms, body armor and accessories from Miller Uniforms & Emblems by $55,000 for a new FY 2018 expenditure limit of $145,000. Sponsors:Scott McCollum Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding increasing the FY 2018 expenditure limit for the purchase of Police uniforms, body armor and accessories from Miller Uniforms & Emblems by $55,000 for a new FY 2018 expenditure limit of $145,000. Relationship to Strategic Goals:Core Services & Infrastructure Recommendation(s):Staff recommends approval of the increase to the FY 2018 expenditure limit. Summary:The Police Department desires to make additional uniform purchases with Miller Uniform and Emblems,the designated uniform and body armor vendor used by the police department.This purchase will exceed the FY 2018 expenditure limit of $90,000.Police uniforms and body armor will be purchased from Miller Uniforms &Emblems through a BuyBoard purchasing cooperative contract.(Contract 524-17) BuyBoard is a purchasing cooperative for public agencies.All products and services available for purchase through BuyBoard contracts have been competitively bid and awarded and satisfy any State law requirements relating to competitive bids or proposals. Budget &Financial Summary:Funds are available in the Police Department’s FY 2018 general fund for clothing and uniforms. Reviewed and Approved by Legal:N/A Attachments:N/A College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:318-0602 Name:Ordinance Amend Veh Towing Sec 38-42 Status:Type:Ordinance Consent Agenda File created:In control:9/7/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 38, "Traffic and Vehicles," Article II, "Stopping, Standing and Parking," Division I, "Generally," Section 38-42 by adding language for towing unlawfully parked vehicles. Sponsors:Debbie Eller Indexes: Code sections: Attachments:CH 38 Sec 38-42 Ord Amend Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 38, "Traffic and Vehicles," Article II, "Stopping, Standing and Parking," Division I, "Generally," Section 38-42 by adding language for towing unlawfully parked vehicles. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): Staff recommends approval of this ordinance amendment. Summary: This amendment is proposed to add Sec. 38-42 (c) Any motor vehicle unlawfully parked or violating any provisions in this Article whether parked on or in any public parking lot or structure, public property, street, road, highway or alley may be towed at the owner’s or operator’s expense. At the July 26, 2018 City Council meeting, an ordinance amendment was adopted to allow the creation of a passenger pick-up zone in the surface parking lot in Northgate. This zone creates a safe place for Rideshare drivers, taxi drivers, and CARPOOL to pick-up and drop-off passengers in Northgate. This zone also assists in improving pedestrian safety in the Northgate District by reducing the practice of dropping-off and picking-up passengers in unsafe areas and will address the traffic and pedestrian congestion previously experienced on Boyett. This zone also leaves the designated fire lane clear for emergency response. The passenger pick-up zone is in effect from 9:00 p.m. to 3:00 a.m. Signage has been installed to indicate this change in operation. However, there is a challenge with having the spaces cleared by 9:00 p.m. This amendment will allow for non-compliant vehicles to be towed at the owner's expense if vehicles remain in the passenger pick-up zone after 9:00 p.m. College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0602,Version:3 Budget & Financial Summary: N/A Attachments: Ordinance Amendment College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE II, “STOPPING, STANDING AND PARKING,” DIVISION 1 “GENERALLY,” SECTION 38-42, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO TOWING UNLAWFULLY PARKED VEHICLES; 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 38, “Traffic and Vehicles,” Article II, “Stopping, Standing and Parking,” Division 1 “Generally,” Section 38-42 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO._____ Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO._____ Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Chapter 38, “Vehicles and Traffic,” Article II, “Stopping, Standing and Parking,” Division II “Generally,” Section 38-42 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows by adding: (c) Any motor vehicle unlawfully parked or violating any provisions in this Article, whether parked on or in any public parking lot or structure, public property, street, road, highway or alley may be towed at the owner’s or operator’s expense. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0604 Name:Home Solicitation Ord Amend Status:Type:Ordinance Consent Agenda File created:In control:9/7/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 8 "Business," Article V "Home Solicitation and Itinerant Vendors," Division 1 and 2 of the Code of Ordinances related to home solicitation. Sponsors:Scott McCollum Indexes: Code sections: Attachments:CH 8 Art 5 Home Sol Ord Amend 9-6-18 PDF Redline CH 8 Art 5 Home Sol Ord Amend 9-6-18 Clean Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 8 "Business," Article V "Home Solicitation and Itinerant Vendors," Division 1 and 2 of the Code of Ordinances related to home solicitation. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval Summary: As a result of a citizen inquiry, a review of this ordinance was conducted by the Legal and Police Departments. Upon doing so, it was determined that a permit renewal, renewal fee and solicitor badge ID fee were not mentioned and some of the language was not clear or could be simplified. As such, minor modifications were made to the ordinance to make it more specific and more closely align with City expectations. Budget & Financial Summary: N/A Attachments: Redlined Ordinance Ordinance College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0604,Version:1 College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 8, “BUSINESS,” ARTICLE V, “HOME SOLICITATION AND ITINERANT VENDORS,” DIVISIONS 1 AND 2 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO HOME SOLICITATION; 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 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Divisions 1 and 2 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO._____ Page 2 of 10 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO._____ Page 3 of 10 Ordinance Form 8-14-17 EXHIBIT A That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 1 “Generally” Sec. 8-185 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: DIVISION 1 GENERALLY Sec. 8-185. - Time and manner for conducting home solicitations. (a) A person commits an offense if the person conducts or attempts to conduct (either personally or through an agent), a home solicitation at a residential premises: (1) Before 9:00 a.m. or after 9:00 p.m. of any day, Monday through Sunday; or (2) At any time on any Federally observed holiday. (b) It is a defense to prosecution under Subsection (a) of this section that the visit to the residential premises resulted from the owner or occupant's request or appointment. (c) In this section, the term "sunset" means the time of day in the City as published on the weather page of the official City newspaper as the time for sunset on that day. ORDINANCE NO._____ Page 4 of 10 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-209 (a) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: DIVISION 2. - HOME SOLICITOR REGISTRATION Sec. 8-209. - Required; defenses. (a) A person commits an offense if that person: (1) Personally, by an agent, or as the agent of another, engages in a home solicitation without a valid certificate of registration or home solicitor identification badge issued to the person under this division; (2) Engages in a home solicitation by using an agent who does not hold a valid certificate of registration or home solicitor identification badge issued under this division; or (3) Engages in a home solicitation by acting as an agent of another person who does not hold a valid certificate of registration or home solicitor identification badge issued under this division. ORDINANCE NO._____ Page 5 of 10 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-210 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-210. - Application; fee; expiration; non-transferability; material changes. (a) To obtain a certificate of registration to conduct home solicitations, a person must file a written application with the City Manager or designee on the City-issued form. The application must include the following information regardless : (1) If the applicant is a company: a. The company name, address, and telephone number; b. The name, address, telephone number, and title of each of its officers; c. The date and place of incorporation or establishment of the business; d. The name, address, date of birth and telephone number of each person who will be conducting a home solicitation in the City for the applicant; e. Proof of applicant's compliance with State or Federal law for the operation of the proposed business, to include Texas Labor Code ch. 51, as amended; and f. Any other information the City Manager or designee determines necessary to the enforcement and administration of this article. (2) if If the applicant is an individual or company: (1) a. The applicant's name, address, and telephone number and if an individual his or her date of birth, even if the individual is acting as an agent or submitting the application for the applicant.. (2) b. The name, address, date of birth and telephone number of any individual or company for which the applicant is acting as an agentIf the applicant is a company the title of each of its officers and date and place of incorporation or location of the business establishment. (3) c. The name, address, date of birth and telephone number of each person conducting home solicitation who will be conducting a home solicitation in the City for the applicant. (4) d. A photograph of the applicant and of each person soliciting taken within the preceding twelve (12) months, which clearly depicts the applicant's facial features. (5) e. The applicant's and each person soliciting date of birth and proof of driver’s license including the driver's license number and (with the issuing state of issuance) or, if the applicant person does not have a driver's license, proof of a government issued personal identification card with the government number, from another government-issued personal identification card containing the applicant's person’s photograph and date of birth. ORDINANCE NO._____ Page 6 of 10 Ordinance Form 8-14-17 (6) f. The names of other communities cities or jurisdictions in which the applicant and each person soliciting has worked as a home solicitor in the past twelve (12) months and, if the applicant person was an agent of different companies in the other communitiescities or jurisdictions, the names of those companies. (7) g. The nature, character, and quality of the goods or services to be advertised, offered for sale, or delivered as part of the home solicitation. (8) h. Whether the applicant and each person soliciting, upon obtaining an order for goods or services, will demand, accept, or receive payment or a deposit of money in advance of final delivery of the goods or services. (9) i. The dates, times, and locations for which the applicant and each person soliciting proposes to conduct home solicitations in the City. (10) j. An outline of the method to be used in conducting the home solicitations. (11) k. Whether the applicant and each person soliciting has been convicted of any crime listed in Section 8-211(a)(2) within the time period listed in Section 8-211(a)(2)j and the applicant's and each person soliciting signed consent authorizing the City to obtain a criminal history report on the applicant and each solicitor. (12) l. Proof that the applicant and each person soliciting possesses all licenses or permits required by this Code or by State or Federal law for the operation of the proposed business. (13) m. If the applicant is an agent of an individual or company, sufficient written proof of the applicant's authority to represent and act on behalf of the individual or company. (14) If a company, proof of applicant's compliance with State or Federal law for the operation of the proposed business, to include Texas Labor Code ch. 51, as amended. (13)(15) n. Any other information the City Manager or designee determines necessary to the enforcement and administration of this article. (b) Any application filed under this section must be accompanied by a nonrefundable registration or renewal fee and identification badge fees for each home solicitor established in Section 2-117. (c) Upon expiration, the registrant may apply for a registration renewal in the same manner prescribed by this division for a new registration. (d) Neither a certificate of registration nor an identification badge is transferable from one person to another, but: (1) Both may be used by the registrant to act as an agent for different individuals or companies during the registration term if the City Manager or designee is notified in accordance with this section; and (2) A registrant under Subsection (a)(1) of this section may request additional copies of the certificate of registration at the time of issuance so that each agent may comply with the display requirements of this section. (e) A registrant shall notify the City Manager or designee within five days after any material change in the information on the application during the registration term. A material change includes, but is not limited to: ORDINANCE NO._____ Page 7 of 10 Ordinance Form 8-14-17 (1) When a registrant becomes an agent for another individual or company; (2) When a registrant terminates an individual's authority to serve as the registrant's agent; (3) A change in the nature, character, and quality of the goods or services; or (4) A change in the dates, times, and locations proposed for conducting home solicitations in the City. (f) A certificate of registration expires thirty (30) days after the issue date. The registration may be renewed for a successive (30) thirty day period, if the application is made within the previous thirty (30) day registration period. Before expiration, the registrant may apply for a registration renewal in the same manner prescribed by this section for a new registration, submit a renewal fee and identification badge fees. . ORDINANCE NO._____ Page 8 of 10 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-211 (c) and (d) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-211. - Issuance, denial, and display of registration; identification badge. (c) Upon issuing a certificate of registration, the City Manager or designee shall also issue the registrant and each person soliciting an identification badge. At all times the registrant and each person soliciting is conducting home solicitations in the City, the registrant shall prominently display the identification badge on the registrant's clothing and maintain the certificate of registration on the registrant's person. The registrant shall allow the certificate of registration and the identification badge to be examined upon request by the City Manager or designee, any Police Officer, any City Code Enforcement Officer, or the owner or occupant of the residential premises on which a home solicitation is being conducted. (d) If a City-issued home solicitor's identification badge is lost, mutilated, or destroyed, the City Manager or designee shall issue the registrant or each person soliciting a duplicate identification badge upon payment of a duplicate badge fee established in Section 2-117. ORDINANCE NO._____ Page 9 of 10 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-212 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-2132. - Suspension. (a) The City Manager or designee may suspend a certificate of registration for a definite period of time not to exceed thirty (30) days if the City Manager or designee determines that: (1) A violation of this Code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, by the registrant or the registrant's agent has occurred; or (2) The registrant or a representative authorized to supervise the registrant's agents has failed to establish policy and take action to discourage, prevent, or correct violations of this article by agents. (b) The City Manager or designee shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the suspension and notifying the registrant of the right to appeal. A timely request for appeal by the registrant stays the effect of the suspension unless the City Manager or designee determines that an emergency exists. (c) For purposes of this section, an emergency exists if the City Manager or designee determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the City Manager or designee may order the registrant or the registrant's representative to correct the violation immediately or cease home solicitations to the extent the City Manager or designee determines is necessary to abate the threat until the violation is corrected. ORDINANCE NO._____ Page 10 of 10 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-213 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-212213. - Revocation. (a) The City Manager or designee shall revoke a certificate of registration if the City Manager or designee determines that: (1) The registrant or an agent of the registrant, individually or cumulatively, has been convicted in any court of two violations of this Code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, within a twelve (12)- month period. The fact that a conviction is being appealed has no effect; (2) The registrant has given false or misleading information of a material nature or has withheld material information on the application or in any hearing concerning the application or registration; (3) The registrant or an agent of the registrant has intentionally or knowingly or otherwise impeded a lawful inspection by the City Manager or designee, his or her authorized representative, or any representative of another department who has the authority to inspect the registrant and the registrant's business procedure; or (4) A cause for suspension under Section 8-213212 (a) or (b) occurs and the certificate of registration has been suspended within the preceding twelve (12) months. (b) The City Manager or designee shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the revocation and notifying the registrant of the right to appeal. (c) If the City Manager or designee revokes a certificate of registration, the fee already paid for the registration will be forfeited. A person whose certificate of registration has been revoked under this section may not apply for or be issued a new registration for a period of one year after the date the revocation took effect, except that, if the City Manager or designee determines that the basis for the revocation has been corrected, the person may apply for and be issued a new certificate of registration if at least ninety (90) days have elapsed since the date the revocation took effect. Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 8, “BUSINESS,” ARTICLE V, “HOME SOLICITATION AND ITINERANT VENDORS,” DIVISIONS 1 AND 2 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO HOME SOLICITATION; 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 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Divisions 1 and 2 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO._____ Page 2 of 9 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO._____ Page 3 of 9 Ordinance Form 8-14-17 EXHIBIT A That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 1 “Generally” Sec. 8-185 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: DIVISION 1 GENERALLY Sec. 8-185. - Time and manner for conducting home solicitations. (a) A person commits an offense if the person conducts or attempts to conduct (either personally or through an agent), a home solicitation at a residential premises: (1) Before 9:00 a.m. or after 9:00 p.m. of any day, Monday through Sunday; or (2) At any time on any Federally observed holiday. (b) It is a defense to prosecution under Subsection (a) of this section that the visit to the residential premises resulted from the owner or occupant's request or appointment. ORDINANCE NO._____ Page 4 of 9 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-209 (a) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: DIVISION 2. - HOME SOLICITOR REGISTRATION Sec. 8-209. - Required; defenses. (a) A person commits an offense if that person: (1) Personally, by an agent, or as the agent of another, engages in a home solicitation without a valid certificate of registration or home solicitor identification badge issued to the person under this division; (2) Engages in a home solicitation by using an agent who does not hold a valid certificate of registration or home solicitor identification badge issued under this division; or (3) Engages in a home solicitation by acting as an agent of another person who does not hold a valid certificate of registration or home solicitor identification badge issued under this division. ORDINANCE NO._____ Page 5 of 9 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-210 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-210. - Application; fee; expiration; non-transferability; material changes. (a) To obtain a certificate of registration to conduct home solicitations, a person must file a written application with the City Manager or designee on the City-issued form. The application must include the following information regardless if the applicant is an individual or company: (1) The applicant's name, address, and telephone number and if an individual his or her date of birth, even if the individual is acting as an agent or submitting the application for the applicant. (2) If the applicant is a company the title of each of its officers and date and place of incorporation or location of the business establishment. (3) The name, address, date of birth and telephone number of each person conducting home solicitation in the City for the applicant. (4) A photograph of the applicant and of each person soliciting taken within the preceding twelve (12) months, which clearly depicts the applicant's facial features. (5) The applicant's and each person soliciting date of birth and proof of driver’s license including the driver's license number and the issuing state or if the person does not have a driver's license, proof of a government issued personal identification card with the government number, the person’s photograph and date of birth. (6) The names of other cities or jurisdictions in which the applicant and each person soliciting has worked as a home solicitor in the past twelve (12) months and if the person was an agent of different companies in the other cities or jurisdictions, the names of those companies. (7) The nature, character, and quality of the goods or services to be advertised, offered for sale, or delivered as part of the home solicitation. (8) Whether the applicant and each person soliciting, upon obtaining an order for goods or services, will demand, accept, or receive payment or a deposit of money in advance of final delivery of the goods or services. (9) The dates, times, and locations for which the applicant and each person soliciting proposes to conduct home solicitations in the City. (10) An outline of the method to be used in conducting the home solicitations. (11) Whether the applicant and each person soliciting has been convicted of any crime listed in Section 8-211 within the time period listed in Section 8-211 and the applicant's and each person soliciting signed consent authorizing the City to obtain a criminal history report on the applicant and each solicitor. (12) Proof that the applicant and each person soliciting possesses all licenses or permits required by this Code or by State or Federal law for the operation of the proposed business. (13) If the applicant is an agent of an individual or company, sufficient written proof of the applicant's authority to represent and act on behalf of the individual or company. (14) If a company, proof of applicant's compliance with State or Federal law for the operation of the proposed business, to include Texas Labor Code ch. 51, as amended. ORDINANCE NO._____ Page 6 of 9 Ordinance Form 8-14-17 (15) Any other information the City Manager or designee determines necessary to the enforcement and administration of this article. (b) Any application filed under this section must be accompanied by a nonrefundable registration or renewal fee and identification badge fees for each home solicitor established in Section 2- 117. (c) Upon expiration, the registrant may apply for a registration renewal in the same manner prescribed by this division for a new registration. (d) Neither a certificate of registration nor an identification badge is transferable from one person to another, but: (1) Both may be used by the registrant to act as an agent for different individuals or companies during the registration term if the City Manager or designee is notified in accordance with this section; and (2) A registrant under Subsection (a)(1) of this section may request additional copies of the certificate of registration at the time of issuance so that each agent may comply with the display requirements of this section. (e) A registrant shall notify the City Manager or designee within five days after any material change in the information on the application during the registration term. A material change includes, but is not limited to: (1) When a registrant becomes an agent for another individual or company; (2) When a registrant terminates an individual's authority to serve as the registrant's agent; (3) A change in the nature, character, and quality of the goods or services; or (4) A change in the dates, times, and locations proposed for conducting home solicitations in the City. (f) A certificate of registration expires thirty (30) days after the issue date. The registration may be renewed for a successive (30) thirty day period, if the application is made within the previous thirty (30) day registration period. Before expiration, the registrant may apply for a registration renewal in the same manner prescribed by this section for a new registration, submit a renewal fee and identification badge fees. ORDINANCE NO._____ Page 7 of 9 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-211 (c) and (d) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-211. - Issuance, denial, and display of registration; identification badge. (c) Upon issuing a certificate of registration, the City Manager or designee shall issue the registrant and each person soliciting an identification badge. At all times the registrant and each person soliciting is conducting home solicitations in the City, the registrant shall prominently display the identification badge on the registrant's clothing and maintain the certificate of registration on the registrant's person. The registrant shall allow the certificate of registration and the identification badge to be examined upon request by the City Manager or designee, any Police Officer, any City Code Enforcement Officer, or the owner or occupant of the residential premises on which a home solicitation is being conducted. (d) If a City-issued home solicitor's identification badge is lost, mutilated, or destroyed, the City Manager or designee shall issue the registrant or each person soliciting a duplicate identification badge upon payment of a duplicate badge fee established in Section 2-117. ORDINANCE NO._____ Page 8 of 9 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-212 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-212. - Suspension. (a) The City Manager or designee may suspend a certificate of registration for a definite period of time not to exceed thirty (30) days if the City Manager or designee determines that: (1) A violation of this Code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, by the registrant or the registrant's agent has occurred; or (2) The registrant or a representative authorized to supervise the registrant's agents has failed to establish policy and take action to discourage, prevent, or correct violations of this article by agents. (b) The City Manager or designee shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the suspension and notifying the registrant of the right to appeal. A timely request for appeal by the registrant stays the eff ect of the suspension unless the City Manager or designee determines that an emergency exists. (c) For purposes of this section, an emergency exists if the City Manager or designee determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the City Manager or designee may order the registrant or the registrant's representative to correct the violation immediately or cease home solicitations to the extent the City Manager or designee determines is necessary to abate the threat until the violation is corrected. ORDINANCE NO._____ Page 9 of 9 Ordinance Form 8-14-17 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-213 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-213. - Revocation. (a) The City Manager or designee shall revoke a certificate of registration if the City Manager or designee determines that: (1) The registrant or an agent of the registrant, individually or cumulatively, has been convicted in any court of two violations of this Code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, within a twelve (12) month period. The fact that a conviction is being appealed has no effect; (2) The registrant has given false or misleading information of a material nature or has withheld material information on the application or in any hearing concerning the application or registration; (3) The registrant or an agent of the registrant has intentionally or knowingly or otherwise impeded a lawful inspection by the City Manager or designee, his or her authorized representative, or any representative of another department who has the authority to inspect the registrant and the registrant's business procedure; or (4) A cause for suspension under Section 8-212 (a) or (b) occurs and the certificate of registration has been suspended within the preceding twelve (12) months. (b) The City Manager or designee shall send to the registrant by certified mai l, return receipt requested, a written statement setting forth the reasons for the revocation and notifying the registrant of the right to appeal. (c) If the City Manager or designee revokes a certificate of registration, the fee already paid for the registration will be forfeited. A person whose certificate of registration has been revoked under this section may not apply for or be issued a new registration for a period of one year after the date the revocation took effect, except that, if the City Manager or designee determines that the basis for the revocation has been corrected, the person may apply for and be issued a new certificate of registration if at least ninety (90) days have elapsed since the date the revocation took effect. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0605 Name: Status:Type:Contract Consent Agenda File created:In control:9/7/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on approving a contract for the grant of federal HOME Investment Partnership Program Grant (HOME) Community Housing Development Organization (CHDO) Set-Aside funds with Elder-Aid, Inc. in the amount of $200,000 for acquisition and rehabilitation of two (2) existing dwelling units located at 3416-3418 Normand to be used as affordable rental housing for income-eligible elderly households. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 1-Contract Attachment 2-Location Map Action ByDate Action ResultVer. Presentation,possible action,and discussion on approving a contract for the grant of federal HOME Investment Partnership Program Grant (HOME)Community Housing Development Organization (CHDO)Set-Aside funds with Elder-Aid,Inc.in the amount of $200,000 for acquisition and rehabilitation of two (2)existing dwelling units located at 3416-3418 Normand to be used as affordable rental housing for income-eligible elderly households. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval of this Contract Summary: The federal HOME program provides assistance to income qualified persons by funding a variety of affordable housing activities. The City is required by the U. S. Department of Housing and Urban Development (HUD) to make at least 15% of each year’s HOME grant allocation available for non- profit agencies that meet the definition of a Community Housing Development Organization (CHDO). CHDO’s must have, as one of their goals, the provision of affordable housing. They must also have a board make-up that complies with the HOME Program requirements. The 15% set-aside funds may be used for most HOME eligible activities. The HOME grant provides the flexibility to exceed the College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0605,Version:1 15% requirement if eligible, feasible projects are proposed that address the community needs. Affordable rental housing has been identified as a priority need in the 2015-2019 Consolidated Plan. Elder-Aid, Inc. has been certified by the City as an eligible CHDO since May 2015 to allow the organization to expand their mission of serving the elderly into College Station. They have purchased, rehabilitated, and leased ten units in the City of College Station. They have demonstrated capacity as a CHDO for the City of Bryan since 1998, where they have received HOME funds to construct many single-family homes restricted for rental to elderly households. Elder-Aid submitted a proposal to acquire and rehabilitate two (2) existing dwelling units for use as affordable rental units for income-eligible, elderly households. The dwelling units consist of one (1) duplex located at 3416- 3418 Normand Dr. Budget & Financial Summary: These funds are available in the FY 2017, FY 2018 and FY 2019 HOME budget. Attachments: Attachment 1: Contract and Grant for HOME Programs Attachment 2: Location Map College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=6626905&GUID=B2C02E6F-9162-487A-A1F1-AE49C0F883C2[9/21/2018 3:19:15 PM] City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0607 Name:Traffic Signs Status:Type:Bid Award Consent Agenda File created:In control:9/9/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on purchasing traffic signs, prefabricated signs and sign blanks from Vulcan Signs Inc. for $54,224.50 and presentation, possible action and discussion on purchasing traffic sign hardware and posts from Dobie Supply for $61,585 both totaling $115,809.50. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Bid 18-114 Tab.pdf 19300028 - Vulcan Inc, dba Vulcan Signs 19300027 - Dobie Supply LLC Action ByDate Action ResultVer. Presentation,possible action,and discussion on purchasing traffic signs,prefabricated signs and sign blanks from Vulcan Signs Inc.for $54,224.50 and presentation,possible action and discussion on purchasing traffic sign hardware and posts from Dobie Supply for $61,585 both totaling $115,809.50. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends award of Bid #15-059 to the lowest responsible bidders in two (2) categories. Category I-prefabricated traffic signs, traffic signs and traffic sign blanks to Vulcan Signs Inc. for $54,224.50. Category II-traffic sign hardware and traffic sign posts to Dobie Supply for $61,585.00. Summary: Bids for the Annual Blanket Purchase Order for purchase of roadway traffic signs and posts were received from four (4) different vendors. Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for the purchase of traffic signs and posts is provided from the Traffic Operations Budget. Attachments: 1. Bid Tabulation and Purchase Orders College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ ITB 18-114 Annual Agreement for Street Signs and Posts Open Date: Wednesday, September 5,2018 @ 2:00 Item No. Qty (Estimate)UOM Description Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount 1 150 ea R1-1 STOP signs, .080" X 30" X 30", 3M High Intensity Grade Prismatic Sheeting Series 3930 28.00$ 4,200.00$ 29.38$ 4,407.00$ -$ 26.21$ 3,931.50$ 2 150 ea R1-1 STOP signs, .080" X 36" X 36", 3M High Intensity Grade Prismatic Sheeting Series 3930 38.00$ 5,700.00$ 42.30$ 6,345.00$ -$ 37.73$ 5,659.50$ 3 100 ea All Series @ Custom Messages, .080 X 24" X 18" w/3M High Intensity Grade Prismatic Sheeting Series 3930 21.00$ 2,100.00$ 16.44$ 1,644.00$ -$ 12.81$ 1,281.00$ 4 50 ea All Series & Custom Messages, .080 X 18" X 6", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 5.25$ 262.50$ 4.11$ 205.50$ -$ 3.53$ 176.50$ 5 300 ea All Series & Custom Messages, .080 X 12" X 18", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 10.50$ 3,150.00$ 8.22$ 2,466.00$ -$ 6.45$ 1,935.00$ 6 200 ea All Series & Custom Messages, .080 X 12" X 24", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 14.50$ 2,900.00$ 10.96$ 2,192.00$ -$ 8.64$ 1,728.00$ 7 150 ea All Series & Custom Messages, .080 X 24" X 30", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 35.00$ 5,250.00$ 27.40$ 4,110.00$ -$ 21.35$ 3,202.50$ 8 100 ea All Series & Custom Messages, .080 X 30" X 30", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 43.75$ 4,375.00$ 34.25$ 3,425.00$ -$ 26.69$ 2,669.00$ 9 100 ea All Series & Custom Messages, .080 X 30" X 36", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 52.50$ 5,250.00$ 41.10$ 4,110.00$ -$ 32.03$ 3,203.00$ 10 75 ea All Series & Custom Messages, .080 X 36" X 36", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 63.00$ 4,725.00$ 49.32$ 3,699.00$ -$ 38.43$ 2,882.25$ 11 50 ea All Series & Custom Messages, .080 X 36" X 42", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 73.50$ 3,675.00$ 57.54$ 2,877.00$ -$ 44.84$ 2,242.00$ 12 50 ea All Series & Custom Messages, .080 X 48" X 36", w/3M High Intensity Grade Prismatic Sheeting, Series 3930 84.00$ 4,200.00$ 65.76$ 3,288.00$ -$ 51.24$ 2,562.00$ 13 100 ea 30" x 10" x.125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 29.16$ 2,916.00$ 28.02$ 2,802.00$ -$ 19.37$ 1,937.00$ 14 100 ea 36" x 10" x.125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 35.00$ 3,500.00$ 34.70$ 3,470.00$ -$ 23.29$ 2,329.00$ 15 100 ea 42" x 10" x .125 Flat Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 40.83$ 4,083.00$ 40.48$ 4,048.00$ -$ 27.16$ 2,716.00$ 16 100 ea 48" x 10" x.125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 49.33$ 4,933.00$ 46.27$ 4,627.00$ -$ 31.03$ 3,103.00$ 17 50 ea 54" x 10" x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 52.50$ 2,625.00$ 52.05$ 2,602.50$ -$ 34.93$ 1,746.50$ 18 25 ea 60" x 10" x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 58.31$ 1,457.75$ 57.83$ 1,445.75$ -$ 38.79$ 969.75$ 19 50 ea 30" x 12"x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 35.00$ 1,750.00$ 34.70$ 1,735.00$ -$ 23.29$ 1,164.50$ 20 50 ea 36" x 12"x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 42.00$ 2,100.00$ 41.64$ 2,082.00$ -$ 26.37$ 1,318.50$ 21 50 ea 42" x 12"x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 49.00$ 2,450.00$ 48.58$ 2,429.00$ -$ 30.77$ 1,538.50$ 22 50 ea 48" x 12"x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 56.00$ 2,800.00$ 55.52$ 2,776.00$ -$ 35.15$ 1,757.50$ 23 50 ea 54" x 12"x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 64.00$ 3,200.00$ 62.46$ 3,123.00$ -$ 39.52$ 1,976.00$ 24 50 ea 60" x 12"x .125 Flat Blade Street Name Blades w/ 3M High Intensity Grade Prismatic Sheeting Series 3930/White on both sides 70.00$ 3,500.00$ 69.40$ 3,470.00$ -$ 43.92$ 2,196.00$ TOTAL - CATEGORY I 81,102.25$ -$ 54,224.50$ CATEGORY I - Signs (Prefabricated) Dobie Supply Buda, TX 73,378.75$ Osburn Associates Logan, OH Trantex Transportation Productions of Texas, Inc. Houston, TX Vulcan, Inc, dba Vulcan Signs Foley, AL ITB 18-114 Annual Agreement for Street Signs and Posts Open Date: Wednesday, September 5,2018 @ 2:00 Item No. Qty (Estimate)UOM Description Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Dobie Supply Buda, TX Osburn Associates Logan, OH Trantex Transportation Productions of Texas, Inc. Houston, TX Vulcan, Inc, dba Vulcan Signs Foley, AL 25 300 ea Galvanized U-Bolt Sign Clamp For 2 3/8” OD Post. Must meet the Standard Texas Department of Transportation 2.80$ 840.00$ -$ 5.45$ 1,635.00$ -$ 26 100 ea Galvanized U-Bolts Sign Clamps For 3” OD Post. Must meet the Standard Texas Department of Transportation 2.95$ 295.00$ -$ 7.25$ 725.00$ -$ 27 300 ea Poz-Loc Socket 2 7/8” x 2 3/8 w/Poz-Loc Wedge 13.50$ 4,050.00$ -$ 19.75$ 5,925.00$ -$ 28 400 ea Flat Street Name Brackets, Cap For 2 3/8 Round Post for 6” and 12”3.75$ 1,500.00$ 3.75$ 1,500.00$ 6.50$ 2,600.00$ -$ 29 400 ea Flat Street Name Brackets, Cross for 2 3/8 Round Post for 6” and 12”3.75$ 1,500.00$ 3.75$ 1,500.00$ 6.50$ 2,600.00$ -$ 30 50 ea Flat Street Name Brackets, Cap For 2 7/8 Round Post for 6” and 12”13.75$ 687.50$ 12.75$ 637.50$ 12.25$ 612.50$ -$ 31 50 ea Universal Bracket for Flat Street Names w/hardware 3.75$ 187.50$ 18.25$ 912.50$ 8.75$ 437.50$ -$ 32 50 ea Triangular Slipbase System TxDot’s Specs 94.00$ 4,700.00$ -$ 142.50$ 7,125.00$ -$ 13,760.00$ 4,550.00$ 21,660.00$ -$ 33 400 ea Post, 11' x 2 3/8" OD, 16 Gauge , w/Bronze Powder Coat Finish 42.50$ 17,000.00$ -$ 55.10$ 22,040.00$ -$ 34 100 ea Post, 12' x 2 3/8" OD, 16 Gauge , w/Bronze Powder Coat Finish 49.25$ 4,925.00$ -$ 58.25$ 5,825.00$ -$ 35 200 ea Bronze 3'-2# per foot U-channel Post 13.50$ 2,700.00$ -$ 20.05$ 4,010.00$ -$ 36 200 ea Bronze 9'-2# per foot U-channel Post 36.00$ 7,200.00$ -$ 55.85$ 11,170.00$ -$ 37 100 ea Bronze 10'-2# per foot U-channel Post 40.00$ 4,000.00$ -$ 60.10$ 6,010.00$ -$ 38 100 ea Bronze 11'-2# per foot U-channel Post 47.00$ 4,700.00$ -$ 64.50$ 6,450.00$ -$ 39 50 ea Powdered Coated Bronze post 11’ x 2.875 O.D Schedule 80 146.00$ 7,300.00$ -$ 111.35$ 5,567.50$ -$ 47,825.00$ -$ 61,072.50$ -$ TOTAL - CATEGORY II 61,585.00$ 4,550.00$ 82,732.50$ -$ GRAND TOTAL (Category 1 + Category II)142,687.25$ 77,928.75$ 82,732.50$ 54,224.50$ DELIVERY (Calendar Days) PROMPT PAYMENT DISCOUNT NOTES American Traffic Safety Materials, Inc » No Bid Dobie Supply »Bidder has pricing for both 6" and 12" (lines 28-29) Osburn Associates »Bidder has pricing for both 6" and 12" (lines 28-30) Trantex »No Bid on Categor I Items Vulcan Signs »No Bid on Categor II Items 1% for EFT Pay 45-60 days 30 days 30 days N/A N/A N/A CATEGORY II - Sign Hardware 21-45 Days Sub-total - Sign Hardware Sub-total - Posts CATEGORY II - Posts 09/12/2018 10:38 |City of College Station, TX |P 1 bwhittenton |CONTRACTS |cmentpst Contract:19300028 Vendor:VULCAN INC ( 1199) Status:POSTED (8) Contract method:Not to Exceed Dept/Loc:Traffic (Eng, Signs, Signals) (TRA)Printed: N Bid/RFP:To Be Rolled: Y Project: Fiscal yr/period:2018 12 Description:Traffic Signs/Post-Category 1 Type: Price Agreement Subtype: Review code: Buyer (BW) Administrator: lrobinson - Brandi Whittenton Workflow: None Ceiling Notification Percent: 0.00 Dates: Entered: 09/12/2018 Entered By:Brandi Whittenton Awarded: Approved: Expire:09/28/2019 Renewal action: Extended through: Estimated start:09/28/2018 Estimated end:09/28/2019 Modified:09/12/2018 Times Modified:0 Retainage: Bonds in Lieu: N Recalculate cap amount with change orders: Y Recalculate retainage differences with change orders and payments: N Cap: 0.00 Retained to date: 0.00 Liquidated: 0.00 Permanently withheld: 0.00 Contract Completion Starting Percent Contract Completion Ending Percent Percent to Retain_______________________________________________________________________________________ 0.000 100.000 0.000 TOTALS: Original: 54,224.50 Liquidated Amt: 0.00 Revised: 54,224.50 Unrelieved: 54,224.50 Open Req: 0.00 Open PO: 0.00 Expended: 0.00 Available: 54,224.50 Amounts: Year Revised Amount Available Amount____________________________________ 2018 54,224.50 54,224.50 09/12/2018 10:38 |City of College Station, TX |P 2 bwhittenton |CONTRACTS |cmentpst Items______________________________________________________________________________________________________________ 1 Commodity: Quantity: 54,224.50 Unit Price: 1.00000 Inventory Item: Ordered: 0.00 Discount:0.0000 Description: Traffic Signs/Posts Category 1 UOM: EACH Cost Plus: 0.00 Prices, terms, condi tion and specifications of ITB 18-114 sha ll apply to this contract Traffic Signs/Posts Category 1 Prices, terms, condition and specifications of ITB 18-11 4 shall apply to this contract ** END OF REPORT - Generated by Brandi Whittenton ** 09/19/2018 15:35 |City of College Station, TX |P 1 bwhittenton |CONTRACTS |cmentpst Contract:19000027 Vendor:DOBIE SUPPLY LLC ( 4578) Status:POSTED (8) Contract method:Not to Exceed Dept/Loc:Traffic (Eng, Signs, Signals) (TRA)Printed: Y Bid/RFP:To Be Rolled: Y Project: Fiscal yr/period:2018 12 Description:Traffic Signs/Post-Category 2 Type: Price Agreement Subtype: Review code: Buyer (BW) Administrator: lrobinson - Brandi Whittenton Workflow: None Ceiling Notification Percent: 0.00 Dates: Entered: 09/17/2018 Entered By:Brandi Whittenton Awarded: Approved:09/27/2018 Expire: Renewal action: Extended through: Estimated start:09/28/2018 Estimated end:09/28/2019 Modified:09/17/2018 Times Modified:0 Retainage: Bonds in Lieu: N Recalculate cap amount with change orders: Y Recalculate retainage differences with change orders and payments: N Cap: 0.00 Retained to date: 0.00 Liquidated: 0.00 Permanently withheld: 0.00 Contract Completion Starting Percent Contract Completion Ending Percent Percent to Retain_______________________________________________________________________________________ 0.000 100.000 0.000 TOTALS: Original: 54,224.50 Liquidated Amt: 0.00 Revised: 54,224.50 Unrelieved: 54,224.50 Open Req: 0.00 Open PO: 0.00 Expended: 0.00 Available: 54,224.50 Amounts: Year Revised Amount Available Amount____________________________________ 2018 54,224.50 54,224.50 09/19/2018 15:35 |City of College Station, TX |P 2 bwhittenton |CONTRACTS |cmentpst Items______________________________________________________________________________________________________________ 1 Commodity: Quantity: 54,224.50 Unit Price: 1.00000 Inventory Item: Ordered: 0.00 Discount:0.0000 Description: Traffic Signs/Posts Category 2 UOM: EACH Cost Plus: 0.00 Prices, terms, condi tion and specifications of ITB 18-114 sha ll apply to this contract. Traffic Signs/Posts Category 2 Prices, terms, condition and specifications of ITB 18-11 4 shall apply to this contract. ** END OF REPORT - Generated by Brandi Whittenton ** City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0608 Name:Cain Deacon TXDoT Agreement Status:Type:Agreement Consent Agenda File created:In control:9/9/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on an Advance Funding Agreement (AFA) between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the Cain/Deacon project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Ready for Partial Execution - FM 2154 Deacon&Cain AFA.pdf RES AFA deacon FM 2154.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an Advance Funding Agreement (AFA) between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the Cain/Deacon project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the AFA. Summary: This AFA covers work needed within TXDOT right-of-way as part of the Cain/Deacon UPRR Crossing Switch project. The work includes roadway adjustments and median work along FM 2154, adding a southbound right turn lane to Deacon Drive, adding retaining walls, curb and gutter, sidewalks, drainage improvements, and installation of a traffic signal at Deacon Drive. The cost of these improvements will be paid by the City of College Station. There is no payment required from the City to the State. Budget & Financial Summary: Budget in the amount of $5,400,000 is included for this project in the Streets Capital Improvement Projects Fund. Attachments: 1.Advance Funding Agreement 2.Resolution College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 1 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A Locally Funded Intersection Improvement Project On System and Off System THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter. WITNESSETH WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the State and Local Government do not anticipate that federal funds will be used for the Project governed by this Agreement; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115005 authorizing the State to undertake and complete a highway improvement generally described as Intersection Improvements at FM 2154 and Deacon (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated _____________________, which is attached to and made a part of this Agreement as Attachment A, Resolution or Ordinance, for the improvement covered by this Agreement. A map showing the Project location appears in Attachment B, Location Map Showing Project, (Attachment B) which is attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 2 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 AGREEMENT 1. Responsible Parties: The parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1. Local Government Utilities Article 8 2. Local Government Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 12 4. Local Government Construction Responsibilities Article 13 5. N/A Not Applicable - Right of Way and Real Property Article 15 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The project consists of constructing roadway improvements along FM 2154 to accommodate a new at-grade railroad crossing at the Deacon Drive intersection and closure of the existing railroad crossing at Cain Road. Along FM 2154, the major roadway improvements include roadway profile adjustments and median work, addition of a southbound right turn lane to Deacon Drive, retaining wall, curb and gutter, sidewalks, roadway drainage improvements, traffic signals at the Deacon Drive intersection, and ancillary construction. 4. Project Sources and Uses of Funds The total estimated cost of the Project is $4,613,165 as shown in Attachment C, Project Budget, (Attachment C) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled “Local Government Project Procedures and Qualification for the Texas Department of Transportation” and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 3 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 B. The expected cash contributions from the State, the Local Government, or other parties are shown in Attachment C. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. C. Attachment C shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. Where Special Approval has been granted by the State under 43 TAC §15.52, the Local Government shall only in that instance be responsible for overruns in excess of the amount specified in Attachment C to be paid by the Local Government. F. If the Project has been approved for a specified percentage or a periodic payment non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. G. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State’s written notification of those amounts. H. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government’s funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State’s estimated construction oversight and construction cost. I. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. J. 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” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. K. The State will not pay interest on any funds provided by the Local Government. L. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 4 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 costs the State incurs on the local Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. M. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. N. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred the State may refuse to reimburse the Local Government for those costs. O. Upon completion of the Project, where Special Approval has been granted by the State under 43 TAC 15.52, the State will perform a final accounting of the Project costs. Any funds due by the Local Government or the State will be promptly paid by the owing party. P. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement 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. Q. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of this Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against state funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 5 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 7. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any Agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utilities The party named in article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government’s failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with State funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State’s request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The party named in article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem’s mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 11. Procurement Standards For projects being managed by the Local Government and on the State highway system or that include state funding, the Local Government must obtain approval from the State for its CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 6 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 proposed procurement procedure for the selection of a professional services provider, a contractor for a construction or maintenance project, or a materials provider. 12. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with Texas Government Code 2254, Subchapter A. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional service contracts must be reviewed and approved by the State prior to execution by the Local Government. 13. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. Projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. Upon completion of the Project, the party constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. F. Upon completion of the Project, the party constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion. 14. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the state highway system after completion of the work if the work was on the CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 7 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 15. Not Applicable - Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. 16. 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. 17. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of College Station ATTN: Director of Public Works P.O. Box 9960 College Station, TX 77842 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. 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 notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 18. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 19. 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. CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 8 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 20. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 21. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 22. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement’s subject matter. 23. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State and the Local Government, or their duly authorized representatives for review and inspection at its office during the Agreement period and for four (4) years from the date of completion of work defined under this Agreement or until any impending litigation, or claims are resolved. Additionally, the State and the Local Government and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 24. Audit Pursuant to Texas Government Code § 2262.154, 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. CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 9 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 25. Historically Underutilized Business (HUB) and Small Business Enterprise (SBE) Requirements For projects with State funds and no federal funds, the Local Government will be required to follow the provisions of Texas Transportation Code §201.702 and 43 TAC §§9.354-9.355 (HUB) and §§9.314-9.315 (SBE). The Local Government must incorporate project goals approved by TxDOT into project documents before advertising for receipt of bids. Contractors must select HUBs and SBEs from TxDOT-approved or maintained sources. The Local Government will provide monthly updates of HUB/SBE (as appropriate) participation and report final accomplishments to TxDOT for credit to overall program goals. For projects with no state or federal funds that are not on the state or federal highway systems, the Local Government should follow its own local or specific ordinances and procedures. Local Governments are encouraged to use HUBs and SBEs from TxDOT- approved or maintained sources. The Local Government must also report final HUB accomplishments to TxDOT for credit to overall program goals. 26. Debarment Certifications If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 27. Pertinent Non-Discrimination Authorities During the performance of this Agreement, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not). CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 10 of 10 AFA-AFA_NonFed_LongGen Rev. 11/20/2017 H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 28. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Typed or Printed Name Typed or Printed Name Director of Contract Services Typed or Printed Title Typed or Printed Title Date Date CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 1 of 1 AFA-AFA_LongGen Attachment A ATTACHMENT A RESOLUTION OR ORDINANCE CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 1 of 1 AFA-AFA_LongGen Attachment B ATTACHMENT B LOCATION MAP SHOWING PROJECT CSJ #0540-04-073 District # 17 –Bryan Code Chart 64 # 09050 –City of College Station Project Name Intersection Improvements at FM 2154 and Deacon Page 1 of 1 AFA-AFA_LongGen Attachment C ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 100% Local Government funding until the Local Government funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $0 Total payment by the Local Government to the State: $0 This is an estimate. The final amount of Local Government participation will be based on actual costs. Description Total  Estimated  Cost  Federal  Participation  State  Participation Local Participation   % Cost % Cost % Cost  Environmental (By LG) $7,500 0%$0 0%$0  100% $7,500  Utilities (By LG) $20,000 0%$0 0%$0  100% $20,000  Engineering (By LG) $652,500 0%$0 0%$0  100% $652,500  Construction (By LG) $3,601,773 0%$0 0%$0  100% $3,601,773  Subtotal $4,281,773  $0  $0    $4,281,773  Construction   (Direct State Cost) $252,124 0%$0 100%$252,124  0% $0  Utilities   (Direct State Cost) $12,606 0%$0 100%$12,606  0% $0  Environmental   (Direct State Cost) $12,606 0%$0 100%$12,606  0% $0  Engineering   (Direct State Cost) $37,819 0%$0 100%$37,819  0% $0  Right of Way   (Direct State Cost) $1,261 0%$0 100%$1,261  0% $0  Indirect State Costs  (5.94%) $14,976 0%$0 100%$14,976  0% $0  TOTAL $4,613,165    $0    $331,392    $4,281,773  6d516049-11fc-4ca8-b45a-b6eb679b3882 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDoT”) AUTHORIZING THE EXPENDITURE OF $4,613,165 FOR CERTAIN PUBLIC ROADWAY IMPROVEMENTS INCLUDING INTERSECTION IMPROVEMENTS AT FM 2154 (WELLBORN ROAD) AND DEACON DRIVE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station (“City”) desires to make certain improvements including roadway adjustments and median work along FM 2154, adding a southbound right turn lane to Deacon Drive, adding retaining walls, curb and gutter, sidewalks, drainage improvements, and installation of a traffic signal at Deacon Drive (the “Project”); and WHEREAS, in order to do this it is necessary to coordinate with the Texas Department of Transportation (“TXDoT”) in a manner that falls outside the provisions of the City’s mutual maintenance agreement with TXDoT; and WHEREAS, the City Council of the City of College Station, Texas, desires to continue said Project including coordinating portions of the Project involving TXDoT FM 2154 as hereinafter set out; and by entering into this Advance Funding Agreement for a Locally Funded Intersection Improvement Project On System and Off System; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble are hereby declared true and correct. PART 2: That the City Council hereby approves an agreement with TXDoT for the City to contribute an amount not to exceed $4,613,165 for the costs associated with the City’s share of the Project as set forth in the Advance Funding Agreement for a Locally Funded Intersection Improvement Project On System and Off System as set forth in Exhibit “A” attached hereto. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2018. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0609 Name:Appraisal Services Agreements Status:Type:Agreement Consent Agenda File created:In control:9/9/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion regarding the approval of six master agreements for Real Estate Appraisal Services: Duff & Phelps, LLC; JLL Valuation & Advisory Services, LLC; Lowery Property Advisors, LLC; Paul Hornsby & Company; S.T. Lovett & Associates; Valbridge Property Advisors. Approval of these agreements will authorize the City Manager or his delegate to approve service orders for each project within the terms of each master agreement. Sponsors:Donald Harmon Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the approval of six master agreements for Real Estate Appraisal Services: Duff & Phelps, LLC; JLL Valuation & Advisory Services, LLC; Lowery Property Advisors, LLC; Paul Hornsby & Company; S.T. Lovett & Associates; Valbridge Property Advisors. Approval of these agreements will authorize the City Manager or his delegate to approve service orders for each project within the terms of each master agreement. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the Master Agreements. Summary: Seven complete proposals were received in response to Request for Proposal of Real Estate Appraisal Services, RFP No. 18-108. Based on cumulative rankings resulting from evaluations of the proposals, the following real estate appraisal firms have been selected to prepare real estate appraisal reports and provide real estate consulting services to the City: •Duff & Phelps, LLC (Contract No. 19300007) •JLL Valuation & Advisory Services, LLC (Contract No. 19300008) •Lowery Property Advisors, LLC (Contract No. 19300009) •Paul Hornsby & Company (Contract No. 19300010) •S.T. Lovett & Associates (Contract No. 19300011) •Valbridge Property Advisors (Contract No. 19300012) Each agreement will have a not to exceed amount of $30,000 and the option to renew the contract for up to two (2) additional one (1) year terms (total of three (3) years). College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0609,Version:1 Budget & Financial Summary: Funds for appraisal services are budgeted for in the various accounts out of which the land will be purchased. In the case of land purchases for capital projects, the funds are budgeted as part of the capital project. Attachments: 1. Agreements on file in the City Secretary's Office College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0613 Name:CVB AMD #1 Status:Type:Presentation Consent Agenda File created:In control:9/10/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on approval of an amendment to the funding agreement between the City of College Station and Experience Bryan College Station (formerly Brazos Valley Convention and Visitors Bureau) increasing the amount for FY18 by $194,423 for a total of $594,423 related to the CVB Grant Program. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Amendmt #1 BCS ConvenVisit Bureau Action ByDate Action ResultVer. Presentation,possible action,and discussion on approval of an amendment to the funding agreement between the City of College Station and Experience Bryan College Station (formerly Brazos Valley Convention and Visitors Bureau)increasing the amount for FY18 by $194,423 for a total of $594,423 related to the CVB Grant Program. Recommendation(s): Staff recommends approval of amendment #1 to the FY18 funding agreement. Summary:FY18 original budget for contract #18300028 between the City of College Station and CVB for grant funding was $400,000.CVB grant panel awarded and is expected to authorize $594,423 to sub- recipients in FY18. Budget &Financial Summary:The funds for this agreement are budgeted and available in the 2017- 2018 Hotel Tax Fund budget.A total of $594,423 is to be used to fund event grants that will promote tourism and the hotel industry in College Station. Legal Review: yes Attachments: 1.CVB Funding Agreement Amendment #1 (available in City Secretary’s Office) College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ AMENDMENT NO. 1 TO THE FUNDING AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND EXPERIENCE BRYAN COLLEGE STATION (formerly BRAZOS VALLEY CONVENTION & VISITORS BUREAU) This Amendment No. 1 to the Funding Agreement between the City of College Station and Experience Bryan College Station (formerly the Brazos Valley Convention & Visitors Bureau ) is entered into between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (“City”) and EXPERIENCE BRYAN CO LLEGE STATION, a Texas nonprofit corporation (“Agency”) which agreement may sometimes hereinafter be referred to as the “Funding Agreement.” Recitals WHEREAS, on or about November 2, 2017 the parties hereto entered into a Funding Agreement for Agency to receive hotel occupancy tax funds from the City pursuant to Tax Code § 351.101; and WHEREAS, the parties now desire to enter into this Amendment No. 1 to change the amount of funding to be received by Agency in accordance with the Funding Agreement and the terms herein; now therefore Amendment to Agreement For and in consideration of the additional benefits to accrue to both parties and the covenants of each, the City and Agency agree to amend the Funding Agreement as follows: 1. That Article II/Hotel Tax Revenue Payment, Section 2.1/Consideration and Payment of the Funding Agreement is hereby amended to read in its entirety as follows: 2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel Tax Revenue collected by City in the total amount of FIVE HUNDRED NINETY FOUR THOUSAND FOUR HUNDRED TWENTY -THREE AND N0/100 DOLLARS ($594,423.00) to be paid as follows: a. The amount of up to FIVE HUNDRED NINETY FOUR THOUSAND FOUR HUNDRED TWENTY -THREE AND N0/100 DOLLARS ($594,423.00) s h a l l be paid from the City's Hotel Tax Revenue for sub- granting by the Agency to Convention and Visitors Bureau Grant Program Sub- Recipients. The appropriated funds shall be used during the period of October 1, 2017 to September 30, 2018. Payment will be made for eligible expenditures following approval of the Sub-Recipient grant program by the Agency. Agency shall submit invoice(s) to the City requesting payment for grants awarded to Sub-Recipient. Invoice will contain the following: Sub- Recipient, description of purpose of payment, and payment amount. Agency shall submit invoices to the City for payment and payment to the Agency will be made by the City on a monthly basis no later than thirty (30) calendar days from the date of the City's receipt and the City's approval. b. No funds will be paid until City receives and approves the required invoice(s). The final request(s) for payment must be received by City on or before October 15, 2018. After that date, unexpended funds may be reallocated. Unexpended funds will remain in the possession of the City. c. As permitted under Texas Tax Code §351.l O l (c) City delegates to Agency the administration of the Program on behalf of City. Agency shall administer the Program pursuant to the Application Process, attached hereto as Exhibit G and incorporated herein by reference for all purposes. Any material changes to the Application Process shall require approval of the College Station City Council. 2. That all other provisions of the Funding Agreement remain in full force and effect. 3. That this Amendment No. 1 to the Funding Agreement is effective when approved by both parties. EXPERIENCE BRYAN CITY OF COLLEGE STATION, TEXAS COLLEGE STATION ________________________ ___________________________ Printed Name: ____________ Name: Karl Mooney Title: ___________________ Title: Mayor Date: ___________________ Date: _____________________ ATTEST: _________________________ ________________________ Printed Name: ____________ City Secretary Title: ___________________ Date: ___________________ APPROVED: _________________________ City Manager ____________________________ City Attorney ______________________________ Assistant City Manager/CFO City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0631 Name:Franchise with Hawkwood Energy Midstream, LLC Status:Type:Franchises Consent Agenda File created:In control:9/14/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on the second reading on a non-exclusive Pipeline Franchise Ordinance for Oil or Gas operations with Hawkwood Energy Midstream, LLC to construct, operate, maintain, remove, replace and repair pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products and byproducts. Sponsors:Aubrey Nettles Indexes: Code sections: Attachments:Hawkwood Franchise Action ByDate Action ResultVer. Presentation, possible action, and discussion on the second reading on a non-exclusive Pipeline Franchise Ordinance for Oil or Gas operations with Hawkwood Energy Midstream, LLC to construct, operate, maintain, remove, replace and repair pipeline facilities, together with equipment and appurtenances thereto, for the transportation of petroleum products and byproducts. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Diverse Growing Economy Recommendation(s): Staff recommends approval Summary: Article XI, Section 103 of the City Charter provides that the City can grant franchises. The City Charter requires two readings of Council followed by a 60 day period after passage by Council before a granted franchise can become effective. Budget & Financial Summary: The Franchisee (Hawkwood Energy Midstream, LLC) agrees and shall pay to the City an annual franchise fee of $1.00 per linear foot of the pipeline franchise area, plus an annual fee of $1,000 for each road or street boring/crossing. Attachments: Hawkwood Franchise Agreement College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0631,Version:1 College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0638 Name:OrdinanceAmendment for False Fire Alarms Status:Type:Presentation Consent Agenda File created:In control:9/19/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 12, “Emergency Management and Emergency Services,” Article IV, “Alarm Systems,” of the Code of Ordinances regarding false alarm fees. Sponsors:Eric Dotson Indexes: Code sections: Attachments:Ch 12 Alarm Sys Ord Amend 4-27-18.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 12, “Emergency Management and Emergency Services,” Article IV, “Alarm Systems,”of the Code of Ordinances regarding false alarm fees. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the proposed changes Summary: The ordinance outlines changes to Chapter 12, "Emergency Management and Emergency Services" of the Code or Ordinances by enabling the Fire Department to charge a fee if a user has more than three false alarms in a twelve month period. The proposed false alarm fees are comparable to the Police Department false alarm fees that have been in place for many years. The Police Department fees are as follows: 1.1-3 false alarms $0.00 2.4-5 false alarms $50.00 for each false alarm 3.6-7 false alarms $75.00 for false alarm 4.8 or more false alarms $100.00 for each false alarm 5. The proposed Fire Department false alarm fees are: College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0638,Version:1 1.1-3 false alarms $0.00 2.4-5 false alarms $85.00 for each false alarm 3.6-7 false alarms $110.50 for false alarm 4.8 or more false alarms $143.65 for each false alarm Budget & Financial Summary: None Attachments: Ordinance Amendment College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “EMERGENCY MANAGEMENT AND EMERGENCY SERVICES,” ARTICLE IV, “ALARM SYSTEMS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO ALARM SYSTEMS; 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 12, “Emergency Management and Emergency Services,” Article IV, “Alarm Systems,” 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO._____ Page 2 of 6 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO._____ Page 3 of 6 Ordinance Form 8-14-17 EXHIBIT A That Chapter 12, “Emergency Management and Emergency Services,” Article IV, “Alarm Systems,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: ARTICLE IV. - ALARM SYSTEMS Sec. 12-104. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm agent means any individual employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or monitoring an alarm system. The term "alarm agent" shall also mean any person employed or otherwise associated with an alarm business who has access to confidential information relating to a customer or subscriber of such alarm business which could be used to compromise or defeat an alarm system. Alarm business means any company whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or monitoring an alarm system. Alarm user means any person on whose premises an alarm system is maintained, except for alarm systems on motor vehicles or alarms that summon only the security services of a private security company or other private entity. Central station means any premises, usually maintained by an alarm company, equipped to receive and displace signals from any type of alarm. Dial alarm means any alarm or device which automatically selects a telephone line connected to the Police Department and reproduces a prerecorded message to report a criminal intrusion or other emergency requiring a police response. False alarm means the activation of an alarm system or device through mechanical failure, malfunction, improper installation, or the negligence of the owner of an alarm system or device or of employees or agents thereof. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes or other violent condition. Hold-up alarm means any type of alarm system or device designated to be activated by the alarm user or subscriber in the event of a holdup or robbery. Home alarm means any alarm device or system which is connected to a residence. Subscriber means any person or business which buys or otherwise obtains an alarm system and has a contract with an alarm business to monitor and/or service the alarm system. Sec. 12-105. - Penalty. A violation of this article shall be punished as provided in Section 1-7. ORDINANCE NO._____ Page 4 of 6 Ordinance Form 8-14-17 Sec. 12-106. - Violations. (a) Notice to City. The Police and Fire Departments shall be responsible for notifying the Fiscal Services Department of the amount of any fees to be collected. The Fiscal Services Department shall be responsible for collecting any fees. (b) Waiver of imposition. In the event that the Chief of Police or Fire Chief determines that the false alarms occurred as a direct result of an interruption of electrical power, a telephone system malfunction or other causes clearly beyond the control of the owner, the Chief of Police or Fire Chief may waive the imposition of the applicable false alarm penalty or administrative sanction. (c) Hearing from administrative decision finality. Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this article shall have a right to appeal the decision of the Chief of Police or Fire Chief to the City Manager. Requests for a hearing must be made in writing filed with the Office of the City Manager within 15 days of the date of the notice of administrative decision. Upon receipt of such written request, the City Manager shall schedule a hearing date and inform the owner of the date, time and place of the past false alarms, corrective action taken, and any inspection reports on the cause of false alarms. If the City Manager determines that the false alarms were not caused by the owner or employees, representatives or agents thereof, and that reasonable steps have been taken to correct the problem, the penalty disconnection order or administrative sanction may be suspended in whole or part. The City Manager shall keep a written report of the hearing, including a statement of the reasons for the action taken. Sec. 12-107. - Alarm business license. No person shall conduct an alarm business, unless licensed under the Texas Occupations Code ch. 1702. Sec. 12-108. - Records. (a) All alarms within the City are subject to the City ordinance regulating alarms whether or not they terminate at the Police Department. Upon the date the ordinance from which this article is derived is adopted, no additional alarm terminals shall be permitted to be installed at the Police Department. Every subscriber of an alarm system or device within the City shall have an emergency response card on file with the Chief of Police. The card must contain the names and current telephone numbers of at least three individuals authorized to enter upon the premises and turn off any such alarm. The person must acknowledge in writing that the employees of the Police Department of the City are authorized to enter any premises where an alarm has been activated, and they may use reasonable means necessary to gain entry to determine if the alarm is valid or false. (b) The City shall maintain a record of all responses to activated alarms. Such records shall include the time, date, location of the alarm, any individuals who responded to the alarm and information indicating if activation of the alarm was valid or false. ORDINANCE NO._____ Page 5 of 6 Ordinance Form 8-14-17 Sec. 12-109. - Operational characteristics. The sensory mechanisms used in connection with the alarms shall be adjusted to suppress for all signals so the alarms will not be activated by impulses due to transient pressure surges, electrical power surges or failures, short flashes of light, normal room temperature changes, wind noises, rattling or vibrating doors or windows, vehicular noises or other causes unrelated to genuine signals. Sec. 12-110. - Alarm system standards. (a) Power supply. Any alarm system which necessitates response by a law enforcement agency or fire department response or is a public alarm, shall be provided with standby power to automatically maintain the system in a normal condition for a period of four hours in the event of the interruption of the primary power source. This does not apply where the central monitoring equipment produces a distinctive signal indicating power failure at the protected premises and a police response is not required. (b) Inspection. The City shall be entitled to inspect any installation for standby power supply function or any other problem during regular business hours. Sec. 12-111. - Maintenance. (a) All alarm systems shall be subject to repair or correction no later than the end of the business day following the day on which the user or alarm agent receives notification of the need for such service. (b) The Police Chief or Fire Chief or their designees may require inspections of any alarm to correct any problems. Sec. 12-112. - Audible or local alarm cutoff. Every audible local alarm shall be equipped with an automatic 15-minute cutoff and reset device, or shall be capable of being silenced manually by the owner or a representative thereof upon arrival at the location of the alarm. Sec. 12-113. - False alarms. (a) Upon notification by the Police Department or Fire Department, the designated alarm user or subscriber, or one of the persons listed on the emergency response card shall come to the scene of an alarm activation within 30 minutes of being notified of the alarm activation. Verification that an alarm is false shall be done by Police Officers or Fire Officials. (b) An alarm user or subscriber shall be allowed three false alarms in a preceding 12-month period without penalty. After this, a user or subscriber shall be assessed a fee established in Section 2-117. (c) Any false alarms resulting from a failure to take the necessary corrective action to prevent any such reoccurrence and/or nonpayment of any false alarm penalty may result in the Chief of Police providing a written notice ordering a disconnection of such alarm until such corrective ORDINANCE NO._____ Page 6 of 6 Ordinance Form 8-14-17 action or payment of fee is made, provided that no disconnection shall be ordered on any premises required by law to have an alarm system in operation. (d) Any false fire alarm systems resulting from a failure to take the necessary corrective action to prevent any such reoccurrence and/or nonpayment of any false alarm penalty may result in the Fire Official or Building Official suspending or revoking in writing the alarm user, subscriber or owner’s Certificate of Occupancy for the building with the reoccurring false alarms or nonpayment until the fire alarm system is inspected by the City and is in proper working order and payment is made. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0639 Name:Ordinance Amendment for Fire & Planning after hours inspection fees Status:Type:Presentation Consent Agenda File created:In control:9/19/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 2, "Adminstration," Article V, "Finance," Division 2 "Fees, Rates and Charges," Section 2-120 and Section 2-122 of the Code of Ordinances regarding Fire Department and Planning and Development Services afterhours inspection fees. Sponsors:Eric Dotson Indexes: Code sections: Attachments:CH 2 Admin Fire and Planning Inspection Ord Amend 4-27-18.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 2, "Adminstration," Article V, "Finance," Division 2 "Fees, Rates and Charges," Section 2-120 and Section 2-122 of the Code of Ordinances regarding Fire Department and Planning and Development Services afterhours inspection fees. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the proposed changes. Summary: This item is related to proposed changes to Chapter 2, "Adminstration", Article V, "Finance", Divison 2 "Fees, Rates and Charges" of the Code of Ordinances by allowing the Fire Department and Planning and Development Services Department to charge a fee of $75 per hour for after hour inspection requests. After hours means anytime other than Monday - Friday 8 a.m. -5 p.m. Fire Department Services - Fire Department after hours (after hours anytime other than Monday - Friday 8 a.m. - 5 p.m) inspection - $75.00 per hour, per inspector with a two hour minimum charge. Planning and Development Services Department - After hours (after hours means anytime other than Monday - Friday 8 a.m - 5 p.m.) inspection - $75.00 per hour, per inspector with a two hour minimum charge. Budget & Financial Summary: N/A College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0639,Version:1 Attachments: Ordinance Amendment College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 2, “ADMINISTRATION,” ARTICLE V, “FINANCE,” DIVISION 2 “FEES, RATES AND CHARGES” SECTION 2-120 AND SECTION 2-122, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO FIRE DEPARTMENT AND PLANNING AND DEVELOPMENT SERVICES DEPARTMENT FEES, RATES AND CHARGES; 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 2, “Administration,” Article V, “Finance,” Division 2 “Fees, Rates and Charges” Section 2-120 and Section 2-122 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO._____ Page 2 of 4 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO._____ Page 3 of 4 Ordinance Form 8-14-17 EXHIBIT A That Chapter 2, “Administration,” Article V, “Finance,” Division 2 “Fees, Rates and Charges” Section 2-120 of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding the following and renumbering the section: 15. Fire Department additional charge for afterhours inspections per inspector per hour (after hours is anytime other than Monday – Friday 8 AM – 5 PM). ORDINANCE NO._____ Page 4 of 4 Ordinance Form 8-14-17 EXHIBIT B That Chapter 2, “Administration,” Article V, “Finance,” Division 2 “Fees, Rates and Charges” Section 2-122 of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding the following and is to read as follows: 10. Additional charge for afterhours inspections per inspector per hour (after hours is anytime other than Monday – Friday 8 AM – 5 PM). City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0603 Name:Community Development Guideline Updates 2018 Status:Type:Presentation Consent Agenda File created:In control:9/7/2018 City Council Workshop On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion of proposed changes to the guidelines for the City’s housing assistance program funded with grants from the U. S. Department of Housing and Urban Development. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 2 Down Payment Assistance Program Guidelines Attachment 3 Minor Home Repair Program Guidelines Attachment 4 Housing Rehabilitation Program Guidelines Attachment 5 Housing Reconstruction Program Guidelines Attachment 6 Rental Rehabilitation Loan Program Guidelines Action ByDate Action ResultVer. Presentation,possible action,and discussion of proposed changes to the guidelines for the City’s housing assistance program funded with grants from the U.S.Department of Housing and Urban Development. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Improving Mobility ·Sustainable City Recommendation(s): Staff recommends approval of Community Development guideline revisions. Summary:The City receives the Community Development Block Grant and HOME Investment Partnership Program grants on an annual basis from the U.S.Department of Housing and Urban Development.There grant funds are currently used by the City to provide various housing assistance programs to income-eligible households.Proposed updates will make purchasing and maintaining a home in College Station more attainable to low and moderate income households in College Station, TX Printed on 9/21/2018Page 1 of 3 powered by Legistar™ File #:18-0603,Version:1 addition to bringing the guidelines in to compliance with new regulations. In addition to minor updates to comply with new regulations,the following changes are proposed to the housing assistance programs: The following three substantive changes are proposed for the Down Payment Assistance Program: •Homeowners would be allowed to have a “cash out”refinance of their existing mortgage after a 10 or 15 year affordability period with Director approval.This would allow these homeowners to access equity in their home for reasons like sending a child to college or starting a business. •There is currently a $20,000 liquid asset cap (liquid assets outside of retirement accounts like savings and checking account balances)as a qualification for the program.This proposed change would allow the Director of Community Services to waive this requirement in order to accomplish Departmental goals. •Current guidelines require a 6 month waiting period to reapply for the program after being denied.This proposed change would lower that time to 3 months,giving denied applicants who can meet program qualifications in 3 months (such as raising their credit score)that opportunity. The following four substantive changes are proposed for the Homeowner Rehabilitation and Reconstruction Programs: •Current guidelines allow for a portion of the loaned assistance amount to be a 0%interest deferred loan for seniors and households below 60%of the Area Median Income only.Non senior households between 60%and 80%of the area median income repay the loan at 3% interest for a specified term.This proposed change would eliminate the monthly repayment feature -requiring all households receiving assistance to have a 0%interest deferred loan, repaid when the house is no longer their primary residence. •A maximum acreage requirement of 2 acres is proposed,with the Director having the ability to waive to meet Departmental goals. •The proposed changes include the ability for the Director to increase the assistance amount beyond the maximum amounts allowed for each program (currently $50,000 for rehabilitation and $150,000 for reconstruction)in order to achieve Departmental goals or in extraordinary circumstances. •The requirement to have an average credit score of 575 is proposed to be removed. Credit reports will be run for consumer education purposes only. The following substantive change is proposed for the Homeowner Minor Repair Program: •Currently program beneficiaries must wait 12 months from the time their project in completed to reapply to have another minor/emergency home repair addressed.The proposed change would increase the time to 24 months,with the Director having authority to waive in extraordinary circumstances.This will help he Program to address the most pressing and College Station, TX Printed on 9/21/2018Page 2 of 3 powered by Legistar™ File #:18-0603,Version:1 urgent needs. The proposed minor change to Rental Rehabilitation Loan Program Guidelines is a housekeeping item to update departmental information. Budget & Financial Summary: Funding for current grant funded housing assistance programs was approved with the FY 2018 budget and Annual Action Plan. Attachments: Attachment 1: Summary of Proposed Changes to Housing Program Guidelines Attachment 2: Down Payment Assistance Program Guidelines Attachment 3: Minor Home Repair Program Guidelines Attachment 4: Housing Rehabilitation Program Guidelines Attachment 5: Housing Reconstruction Program Guidelines Attachment 6: Rental Rehabilitation Loan Program Guidelines College Station, TX Printed on 9/21/2018Page 3 of 3 powered by Legistar™ Page 1 of 8 CITY OF COLLEGE STATION DOWN-PAYMENT ASSISTANCE PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the general operating procedures contained in 24 CFR Part 92 (Home Investment Partnerships Program) and/or 24 CFR Part 570 (Community Development Block Grant Program) will be followed. A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station Down Payment Assistance Program (DAP) is funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funds. Additionally, the City may utilize other local, state, or federal resources that become available. DAP is designed to assist income-eligible homebuyers with the purchase of affordable single family residential properties located within the City of College Station for owner- occupied, homestead use only. DAP financial assistance shall be limited to providing qualified applicants with down payment/principal reduction and /or closing cost assistance under the provisions of 92 CFR § 92.254 qualification as affordable housing: homeownership and 570.201 Basic eligible activities. This may be accomplished in part by developing, with City Council approval, affordable single -family units to be made available to program eligible families. The basic goals of the Down Payment Assistance Program are:  To provide homeownership opportunities for low income individuals and families,  To expand the supply of decent housing ava ilable to low-income homebuyers, and  To provide homeowner training and homebuyer counselin g activities to low- income homebuyers. DAP financial assistance shall be provided using deferred loans which, to the extent proceeds are available from the transaction, are fully repayable upon sale of the property. This assistance is combined with conventional permanent financing offered by private sector lenders (i.e., banks, thrifts, or mortgage corporations). Seller/owner financing is not permitted. The amount of financial assistance that may be provided by the Program will be based on the applicant’s demonstrated need or “financial gap.” DAP will provide a gap financing loan with a maximum of 30% of the sales price , not to exceed $50,000.00, provided. The Program will maintain adequate records to support Page 2 of 8 how the amount of Program assistance was calculated. Assistance beyond the HOME maximum per-unit subsidy limit as published by HUD for qualified applicants purchasing eligible properties in the City of College Station will not be provided. The maximum purchase price shall not exceed 95% of the median area purchase price for the same type of residence per 24 CFR 92.254(a)(2)(iii). At his/her sole discretion, the Community Services Department Director may increase the amount of DAP assistance for an applicant purchasing properties developed by the City’s Community Services Department or the City’s non-profit partners if necessary to accomplish other City or program objectives, or upon significant demonstration of extraordinary circumstanc es. DAP assistance will require a lien by the City of College Station. DAP homebuyers must contribute a minimum of 1.5% of the sales price to the purchase of properties. At the discretion of the Community Services Department Director, this requirement may be waived. Participating lenders must provide escrow services to buyers for insurance and tax payment purposes. The City will not participate in purchases where the mortgage lender’s interest rate exceeds the local average mortgage rate by more than one and one-half additional percentage points. Additionally, lender mortgages of less than fifteen (15) years will not be eligible for participation in the DAP Program. B. HOMEBUYER ELIGIBILITY CRITERIA Eligible applicants of DAP financial assistance must meet the following qualifications: 1. An applicant must have a gross income of less than eighty (80) percent of the College Station/Bryan area median income as established by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Incom e determinations) and 24 CFR § 5.609 (Annual income). 2. Applicants will not be eligible for DAP assistance if, upon application, they have assets exceeding $20,000 on hand. Retirement funds in IRS recognized retirement accounts are excluded. The Director may waive this requirement if necessary to accomplish other City or program objectives, or under extraordinary circumstances. 3. Participants will be required to certify at the time they acquire an ownership interest in the unit that they intend to occupy t he unit as their principal residence. Occupancy will be determined through verification of utility consumption, and other verifications determined to be acceptable by the City, on an annual basis. 4. Credit and Employment Standards Page 3 of 8 a. Qualified applicants will have an average FICO credit score of no less than 600, with no bankruptcies, foreclosures, student loan delinquencies, income tax delinquencies, child support delinquencies or repossessions within the previous two (2) years. The Community Services Department Director may waive this requirement if necessary to accomplish other City or program objectives, or upon significant demonstration of extraordinary circumstances. b. Applicants must have an employment history in the same job, or in the case of professional, salaried employees (as defined in 29 CFR § 541 meeting any of the requirements in Subparts B, C, D, E, or F), in the same field of employment, for a minimum of six (6) months. c. Student loans which are currently deferred at the time of application wil l be included in the debt ratio calculation as if in repayment status. 5. Citizenship: In order to receive DAP assistance, applicants must be United States Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified Alien status will be verified by the U.S. Citizenship and Immigration Services Division of the Department of Homeland Security. C. ELIGIBLE PROPERTY CRITERIA Property eligible for purchase under DAP is subject to the requirements of 24 CFR § 92.254 (Qualification as affordable housing: homeownership) and as follows: 1. The DAP will be implemented on a city-wide basis within the city limits of the City of College Station. 2. All single-family property, located within the above mentioned boundaries , is eligible. The definition of "single-family" property includes individually owned townhouse units, homeplexes and condominium units, but excludes buildings with multiple dwelling units. 3. Only property that is debt-free and has an otherwise clear title on the date it is acquired by an applicant is eligible. 4. The sales price of the home to be purchased must be affordable within the limits stated by HUD and federal regulations. The purchase price of the home to be purchased may not exceed 95% of the median area purchase price for the same type of residence for the College Station/Bryan area per 24 CFR 92.254(a)(2)(iii). 5. Eligible properties must not be tenant-occupied on the date of the execution of the Earnest Money or Sales Contract, unless the occupant is the buyer. Page 4 of 8 6. Properties constructed prior to 1978 that exceed the maximum allowable area of chipping, peeling, or cracking paint, as determined by Community Services Department staff, must have passed a lead-based paint risk assessment by a State of Texas-licensed Lead Risk Assessor. D. LOAN INSTRUMENTS DAP shall use two (2) basic loan instruments (promissory note and deed of trust) to provide financial assistance to eligible applicants and to comply with the provisions of 24 CFR § 92.254(a)(5)(ii)(A) (Recapture, Net Proceeds). The intention of the DAP loan instrument is to provide supplemental financial assistance when combined with permanent financing. Affordability shall be determined by ensuring the total PITI (principal, interest, taxes, and insurance) payment (front ratio) is not less than 20% but not more than 35% of the monthly income of the eligible DAP homebuyer. With lender approval, the upper percentage may be slightly exceeded under extenuating circumstances that demonstrate the buyer’s ability to handle higher payments. The maximum total debt - to-income ratio (back ratio) is 45% (participating lenders may require a lower percentage). The City of College Station shall not participate in loan packages that have mortgages that are not fully amortizing ("balloon" mortgage) or contain negative amortization. Mortgage interest rates must be fixed for the full loan term. Interest rate buy-downs are not permitted. A maximum of 30% of the program assistance may be used for closing costs except prepaid taxes or mortgage insurance. The remaining 70% must be applied directly to the down payment. Any Mortgage Credit Certificate Tax Credits claimed by the applicant will not be included in the debt ratio calculation. DAP loan instruments shall require that the property must be maintained to meet all applicable City codes, including community appearance standards and code enforcement ordinances. Amount: Gap financing of up to 30% of the sales price of the house not to exceed $50,000.00. Assistance amount is determined by the borrower’s demonstrated need or “financial gap.” Repayment Due: 100% of borrowed amount when borrower no longer owner occupies the property (to the extent proceeds available) plus the percentage of equity as determined by the DAP amount divided by the sales price at time of purchase. Interest Rate: 0% Page 5 of 8 Lien holder Position: Second Closing Costs: A maximum of 30% of the program assistance may be used for closing costs. The remaining 70% must be applied directly to the down payment. Refinancing: Allowed for payment, term, or interest rate reduction. No cash-out refinance allowed during the affordability period. Owner Occupancy Required: On the date the homebuyer ceases occupying the property as a principal residence (i.e., rental, gift, death, abandonment), the deferred loan and the shared equity portion will become due and payable to the City (except for deployed military personnel.) The Shared Equity percentage of appreciation/depreciation due is based on whether there is a gain or loss from a subsequent sale of the subject property. Gain or loss from the borrower’s sale shall be calculated as the subsequent sales price minus the eligible costs of sale minus the original cost of acquisition (original purchase price plus closing costs). If there is a loss, then 100% of the loss will be reduced from the original Shared Equity DAP loan amount. If there is a gain, then the Community Services Departm ent will be paid its original loan plus a share of the appreciation, based on the percentage of the Shared Equity DAP loan of the original home sales price. The City shall have the prior right to purchase the ownership interest in the property from the initial DAP homeowner for the amount specified in a firm contract between the homeowner and the prospective buyer. The City shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60 additional calendar days to complete closing of the property. Military Deployment - In the event that the homebuyer is deployed on active duty, if the home is occupied by the homebuyer's dependents, the DAP loan will continue to be deferred. E. HOUSING QUALITY PLAN 1. Community Services Departmental staff, who are experienced in conducting inspections of housing units for health and safety standards will complete inspections of all proposed units for conditions posing a health or safety threat to occupants prior to approval of the unit for transfer to the homebuyer. Page 6 of 8 2. All DAP funded properties must meet all requirements under 24 CFR § 92.251(a) (Property standards) prior to closing. 3. Subject properties will be reviewed with regards to environmental issues a s required by federal guidelines in 24 CFR § 92.352 (Environmental review). Properties not eligible for federal assistance due to environmental hazards will be ineligible for this program. F. DAP HOMEBUYER AND HOMEOWNER EDUCATION The Homebuyer and Homeowner Education Program will provide advice and assistance to potential homebuyers to assist them in meeting the responsibilities of home ownership. 1. An Intake Interview will be conducted between City staff and the prospective homebuyer once the application has been completed and reviewed by staff. . 2. The session will cover housing selection, Fair Housing laws, purchase procedures, real estate and mortgage terminology, types of financing and assistance programs, and the rights and responsibilities of homeowners. Program disclosures will be discussed and signed by the prospective homebuyer at this time. G. APPLICATION PROCESS Interested applicants will be given application and verification forms and instructions for completion. Staff will be available to assist with completion of required forms. 1. Once an applicant meets all program requirements, to include applying for and receiving approval for permanent mortgage financing, an Electronic Funds Transfer (E.F.T.) or check will be requested for the appropriate program assistance. Program documents will be prepared and forwarded to the appropriate title company. Upon Closing, DAP funds will be made available to the selected title company. The E.F.T. or check will be made out to the title company for the benefit of the applicant/buyer. 2. Previous recipients of Community Services Development housing program assistance (ORP, Rehab, TBRA, etc.) must be approved by the Community Services Department Director prior to receiving DAP assistance. Previous DAP recipients are not eligible for additional DAP assistance, except upon approval of the Community Services Department Director. Page 7 of 8 3. Applicants falsifying information will be disqualified from participating in the program and may be subject to criminal prosecution. 4. Applicants denied for DAP can reapply no earlier than three (3) months from the date of original application. 5. A non-refundable fee of $25 shall be due upon receipt of the application or pre- application. This fee is meant to primarily cover the cost of the prospective client’s credit report. H. ANTI-DISPLACEMENT POLICY STATEMENT 1. The City shall not engage or participate in any activities that influence the permanent and/or involuntary relocation or displacement of any low-income family due to the DAP pursuant to the provisions of 24 CFR§ 92.353 Displacement, Relocation, and Acquisition. 2. It is not anticipated that it would be necessary to relocate any families. However, the City will follow the relocation procedures as set forth in its adopted Anti-Displacement Policy if the need does arise. I. EQUAL OPPORTUNITY STATEMENT The City of College Station is committed to providing equal opportunity for minority - or women-owned businesses to compete and obtain contracts for City sponsored projects, and will comply with the provisions of 24 CFR § 92.350 (Other Federal requirements and nondiscrimination) and 24 CFR § 92.351 (Affirmative marketing; minority outreach program). J. FAIR HOUSING POLICY STATEMENT The City of College Station adopted a Fair Housing Ordinance in 1979, which prohibits discrimination in the sale or rental of housing, and discrimination in the provision of brokerage services. The ordinance also outlines the City's procedures regarding complaints, investigation, cumulative legal effect, unlawful intimidation, education and public information and penalty. The City is not under any court order or decree regarding Fair Housing. Relevant policies and codes have been examined and no exclusionary zoning codes were evident. The City of College Station does not have a rental control ordinance. The City of College Station will comply with the provisions of 24 CFR § 92.351 (Affirmative marketing; minority outreach program). Page 8 of 8 Information regarding the DAP will be made available to the public through the use of a variety of public media, to include: meetings, the City’s website and ads in the classified section of the newspapers. Press releases may be given to the local media. Information and applications will be made available to local agencies that deal with low to moderate income people. Community Services staff will be available to speak to organizations or groups of interested individuals. Other methods of program information outreach may be utilized, including utility bill inserts, direct mailing, television advertising, and applications and program information will also be available on various City-specific media. In addition, the City of College Station will seek technical assistance from the appropriate HUD staff in order to ensure that all Fair Housing requirements and standards are upheld and ultimately furthered. 1 CITY OF COLLEGE STATION MINOR HOME REPAIR PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the requirements contained in 24 CFR Part 570 (Community Development Block Grant Program) and/or 24 CFR Part 92 (Home Investment Partnership Program) will be followed. A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station has established a Minor Home Repair Program (MHRP) funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG). Additionally, the City may utilize other appropriate local, state, or federal resources that may become available. The MHRP is designed to provide the financial assistance necessary to accomplish minor repair of eligible, qualified, owner-occupied dwellings. The City’s Community Development staff will assist homeowners in planning, implementing, and managing the process to repair substandard features of their dwellings. In addition, the City seeks to impede the acceleration of slum and blighting influences through this activity, as well as preserve and enhance neighborhood quality and integrity. Depending upon applicant eligibility and costs of the particular project, assistance may be available to applicants under the provisions of 24 CFR § 570.202, Eligible Rehabilitation and Preservation Activities. Eligible project activities will comply with program requirements published in the U.S. Code of Federal Regulations (CFR), as it may be modified over time. The basic goals of this program are:  To provide emergency and/or necessary repairs to address specific health and safety concerns of homeowners.  To preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to qualified low-income households.  To provide applicants information on proactively managing the maintenance of their homes following repair. Technical and financial assistance is available to low-income, owner-occupant homeowners requiring minor repair to alleviate health/safety issues or address other necessary repairs as determined by program staff and/or other qualified City staff. This program is available on a city-wide basis and is limited to only those properties located within the municipal boundaries of the city. Properties that lie partially within the city limits may be considered on a case-by-case basis. 2 The MHRP financial assistance shall be managed as follows: Program staff will assist qualified and approved applicants to make essential repairs to their homes by requiring the applicant to enter into a minor repair assistance agreement with the City. The agreement will allow the use of program funds for the cost of repairs and associated program delivery costs of the project. The agreement must be approved and executed prior to the commencement of any rehabilitation activities. Because this program is designed to address conditions of immediate need, assistance is provided in the form of a grant of up to $7,500. B. DESIGNATED AUTHORITY Administrative authority for implementation of this program will rest with the City Manager’s Office or its designee. The Community Development office will serve as the designated office for approval of contractual agreements and budget changes as needed to accomplish project completion, in accordance with Council-approved procedures. The Director of Community Services (Director) will be responsible for authorizing the amount of assistance to be made available to the project, up to $7,500, in accordance with the implementing procedures. This determination will be based upon the evaluations of the cost to be incurred by providing the housing assistance and upon the demonstrated needs of eligible applicants. The Director will also be responsible for approval of applicant eligibility for this program and final approval of selection of applicants to be assisted. This will be based upon relative need of applicants for the specific housing assistance sought. C. PROGRAM IMPLEMENTATION PROCESS Steps in implementing the program will be as follows: The Community Development office (CD office) will create and maintain applications for all housing assistance programs. All applicants shall submit a completed application to the CD office and await an evaluation of eligibility by the appropriate staff mem ber(s). For this particular Program, applicants are required to hold majority title interest to an improved property within the corporate limits of College Station, which is their permanent place of residence, prior to submitting an application. Program staff will evaluate all applications for eligibility and prioritize the processing of applications based upon completeness and accuracy of information/documentation and demonstrated housing need. Program staff will process applications as expeditiously as possible, considering funding limitations and other staff responsibilities as assigned. 3 Applicants will be notified by phone if they are eligible for participation in the program. If the applicants are not eligible, they will be notified in writing with an explanation of why they do not qualify. Non-qualification issues may include (but are not limited to) income, assets, deed restrictions, title concerns, and/or environmental concerns. Program staff will meet with the applicant(s) to explain the basic goa ls and objectives of the program and further assess the needs of the applicant’s household that will occupy the dwelling once completed. After the household needs are fully assessed, staff will review the project site to determine any additional repair needs of the home in order to fully realize a decent, safe and sanitary unit. Applicant(s) will be involved in several meetings with program staff to ensure proper steps are followed in the repair process of their homes. Repair work shall be done in accordance with the City’s prepared scope of work and in accordance with City purchasing policies. Program staff will obtain all required close-out documents at project completion. D. APPLICANT ELIGIBILITY CRITERIA Eligible applicants of this Program must meet the following qualifications: 1. Income: An applicant must have a gross income of 80 percent or less than the College Station/Bryan area median income as reported by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Income determinations) and 24 CFR § 5.609 (Annual income). 2. Assets: Applicants will not be eligible for this program if, upon application, they have assets exceeding $20,000 on hand. Retirement funds in IRS-recognized retirement accounts are excluded. 3. Principal Residence and Homestead: Applicants will be required to certify that they intend to occupy the repaired dwelling as their principal residence upon project completion. 4. Employment History: Applicants must have an employment history in the same job, or in the case of professional, salaried employees (as defined in 29 CFR § 541 meeting any of the requirements in Subparts B, C, D, E, or F), in the same field of employment, for a minimum of two (2) months. 5. Citizenship: In order to receive program assistance, applicants must be United States Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the 4 Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified alien status will be verified by the Citizenship and Immigration Services division of the U.S. Department of Homeland Security. E. ELIGIBILE PROPERTY CRITERIA Property eligible for Program assistance is subject to the requirements of 24 CFR § 570.202 and as follows: 1. Location: The Program will be implemented on a city-wide basis within the corporate limits of the City of College Station. Properties that lie partially within the corporate limits will be considered on a case-by-case basis. However, program preference will rest with properties wholly in the City. 2. Property Type: Eligible properties must be improved, single -family residential lots, which are: a. The principal residence of the applicant, and b. Needing minor repairs but structurally sound, and c. Have all utility service connections available to the property. 3. Title: The applicant household must hold majority title to the property. An existing mortgage will not prohibit participation in the program. 4. All eligible properties, following rehabilitation, shall not exceed 95% of the maximum amount insurable under Section 203(b) of the National Housing Act (FHA lending limit) for the College Station/Bryan area. 5. Manufactured Housing: Manufactured housing units are not eligible for program assistance unless: a. The property on which the manufactured home sits is owned by the applicant; and b. The property is properly zoned; and c. The applicant has resided in the home and on that site for not less than two years prior to the application date. 6. Property Taxes: all property taxes must be current. With approval from the Community Services Department Director, properties with tax deferral for tax payers 65 years of age or older under the Texas Tax Code, Section 33.06 will be acceptable. 5 F. FEASIBILITY OF MINOR REPAIR Minor home repair projects eligible for this program include: 1. Addressing health/safety issues a. Replacement of an air conditioning/heating systems b. Replacement of a water heater system c. Water/sewer/gas line breaks d. Electrical system failures e. Ordinance Compliance f. Other minor repairs necessary to ensure safe living conditions 2. Exterior home repairs/structural integrity issues a. Minor weatherization b. Roofing repair or replacement c. Minor gutter installation d. Walkway repair or replacement e. Siding or exterior trim repair G. SELECTION OF RECIPIENTS FOR ASSISTANCE 1. Recipients for assistance of this program will be taken from the applications of eligible homeowners residing in structures in need of minor repair determined to be structurally sound by program staff. 2. The number of recipients to receive assistance will be subject to general availability of funds. 3. Community Development staff will evaluate all applications all applications of eligible homeowners whose structures are determined to be feasible to rehabilitate. Based upon this evaluation, a recommendation will be made to the Director as to the order of applicants to be assisted. Generally, those in the most imminent danger to personal health or safety will be extended priority under the program. 4. Criteria to be used to make this evaluation will include the following items listed in priority order: a. Degree of threat to health and safety of occupants presented by continuance of residing in the structure. This will include evaluations factors suc h as availability of basic services including water, sewer, electricity, and structural deficiencies of the home. 6 b. Health and handicapping disabilities of occupants which necessitates the home to undergo handicapped accessible construction because of the owner’s existing situation. c. Time and date that all application requirements are met. d. Time and date of application. H. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES Minor home repair assistance shall be in the form of a grant, through federal CDBG funds. The allowable budget authority for minor repair assistance shall not exceed Seven Thousand Five Hundred and No/100 Dollars ($7,500) per applicant for eligible project costs. Homeowners are limited to one (1) minor repair project every twenty four (24) months. At his/her sole discretion, the Community Services Department Director may allow subsequent minor repair projects to occur sooner to accomplish other City or program objectives, or upon significant demonstration of extraordinary circumstances. I. MINOR REPAIR AGREEMENT Each applicant assisted through this program will sign a Minor Home Repair Agreement with the City which defines the overall terms and conditions of the City providing the MHRP assistance. Other construction documents will be required to be executed by the applicant during the repair assistance process. J. FINAL INSPECTION The City of College Station will be responsible for final inspection of all housing units made available through the program to determine that the unit meets all City of College Station and HUD requirements. Page 1 of 10 Approved __________ CITY OF COLLEGE STATION HOUSING REHABABILITATION PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the requirements contained in 24 CFR Part 92 (Home Investment Partnerships Program) and/or 24 CFR Part 570 (Community Development Block Grant Program) will be followed. A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station has established a Housing Rehabilitation Program (HRP) funded through the U.S. Department of Housing and Urban Development (HUD) Home Investment Partnerships Program (HOME). Additionally, the City may utilize other appropriate local, state, or federal resources that may become available. The HRP is designed to combine various financial resources necessary to accomplish rehabilitation of eligible, qualified, owner-occupied dwellings. The City's Community Development staff will assist homeowners in planning, implementing and managing the process to rehabilitate their substandard dwellings. In addition, the City seeks to impede the acceleration of slum and blighting influences through this activity, as well as preserve and enhance neighborhood quality and integrity. Depending upon applicant eligibility and costs of the particular project, assistance may be available to applicants under the provisions of 24 CFR § 92.254 Qualification as affordable housing: Homeownership and 24 CFR § 570.202, Eligible Rehabilitation and Preservation Activities. Eligible project activities will comply with the respective program requirements published in the U.S. Code of Federal Regulations (CFR), as it may be modified over time. The basic goals of this Program are:  To preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to qualified low-income households.  To provide support training and educational activities to low-income applicants seeking to rehabilitate their sub-standard homes.  To provide applicants information regarding loan finance options to accomplish necessary rehabilitation activities required to bring their sub-standard dwelling into a code compliant standard condition.  To provide applicants information on proactively managing the maintenance of their homes following rehabilitation. Page 2 of 9 This program is designed to provide technical and financial assistance to low -income, owner-occupant homeowners seeking to rehabilitate their sub-standard residential structures into decent, safe and sanitary dwelling units. This program is available on a city-wide basis and is limited to only those properties located within the municipal boundaries of the city. Properties that lie partially within the city limits may be considered on a case-by-case basis. The HRP financial assistance shall be managed as follows: Program staff will assist qualified and approved applicants to rehabilitate their substandard housing by requiring the applicant to enter into a rehabilitation assistance agreement with the City. The agreement will allow the use of program funds for rehabilitation and associated program delivery costs of the project. The agreement must be approved and executed prior to the commencement of any rehabilitation activities. All project costs (excluding staff time and soft costs necessary for program delivery) shall be compiled at project completion into a permanent financing loan, secured by a lien. Repayment of the loan shall be in accordance with the terms and conditions defined in program legal instruments. Applicants will have the option of pre-payment of costs at any time during the project, and prior to permanent financing, if they so desire. Upon completion of construction activities, applicant shall close on the loan. All assistance will be in the form of a mixed loan – up to half of the assistance amount in the form of a deferred, 0% interest, forgivable loan amortized using a monthly rate based on the number of months in a ten (10) year lien period. The loan will be forgiven at this rate over the ten (10) year lien period. The remainder will be in the form of a 0% interest deferred loan. One hundred percent repayment of the borrowed amount is due when the borrower no longer owner occupies the property as their principal residence. The mortgage note and deed restrictions shall be enforced either by the Community Development office, a commercial lending institution or by a not-for-profit entity. B. DESIGNATED AUTHORITY Administrative authority for implementation of this Program will rest with t he City Manager Office or its designee. The Community Development office will serve as the designated office for approval of contractual agreements and budget changes as needed to accomplish project completion, in accordance with Council-approved procedures. Page 3 of 9 The Director of Community Services (Director) will be responsible for authorizing the amount of assistance to be made available to the project in accordance wit h the implementing procedures. This determination will be based upon evaluations of the costs to be incurred by providing the housing assistance and upon the demonstrated needs of eligible applicants. The Director will also be responsible for approval of applicant eligibility for this program and final approval of selection of applicants to be assisted. This will be based upon relative need of applicants for the specific housing assistance sought. C. PROGRAM IMPLEMENTATION PROCESS Steps in implementing the Program will be as follows: 1. The Community Development office (CD office) will create and maintain applications for all housing assistance programs. All applicants shall submit a completed application to the CD office, and await an evaluation of eligibility by the appropriate staff member(s). For this particular Program, applicants are required to hold majority title interest to an improved property within the corporate limits of College Station, which is their permanent place of residence, prior to submitting an application. A $25 non-refundable application fee will be required to process the application under this program. 2. Program staff will evaluate all applications for eligibility and prioritize the processing of applications based upon completeness and accuracy of information/ documentation and demonstrated housing need. Program staff will process applications as expeditiously as possible, considering funding limitations and other staff responsibilities as assigned. 3. Applicant(s) will be notified by phone if they are eligible for participation in the program. If the applicant(s) are not eligible, they will be notified in writing, with an explanation of why they do not qualify. Non-qualification issues may include (but are not limited to) income, assets, deed restrictions, title concerns, environmental concerns and/or household make-up. 4. Once the applicant is deemed eligible, they will be required to sign an agreement with the City before commencing with the rehabilitation process of their property. 5. Program staff will meet with the applicant(s) to explain the basic goals and objectives of the program and further assess the needs of the applicant(s) household that will continue occupying the dwelling as their principal residence once completed. After the household needs are fully assessed, staff will assess the project site to determine Page 4 of 9 any additional rehabilitation needs of the home in order to fully realize a decent, safe and sanitary unit. Program staff will make every effort, while crafting a plan for the home rehabilitation, to incorporate the City’s most current Green Building Standards into the project scope. Any incentives offered from federal, state or local agencies for conformance with Green Build Standards shall be accessed by the program as appropriate and when applicable. 6. Applicant(s) will be involved in several meetings with program staff to ensure proper steps are followed in the rehabilitation process of their homes. The applicant may also be required to accompany program staff to appear before City planning boards and/or commissions to request variances or approval of special circumstantial development needs. 7. Applicant(s) will be responsible for their own relocation arrangements, if needed, during the rehabilitation period. Necessary relocation expenses may be eligible for reimbursement under the City of College Station’s Optional Relocation Policy. The City may be able to provide up to $4,500 for qualified eligible expenses. 8. Once the rehabilitation plan has been completed, and any other City required approvals have been accomplished, program staff will place the project out for bid to approved contractors in compliance with the City’s procurement and process regulations. Prior to bid, program staff will prepare a construction estimate by which to compare submitted bid amounts. Should submitted bids prove to be more than 10% of the construction estimate, the applicant will have the option to reject all bids and re-bid the project, or select the lowest responsible bidder (if program staff deems the lowest responsible bid reasonable within the project estimate). Applicant (Owner) will then enter into a construction contract with the lowest responsible bidder (Contractor), allowing the City to be the Owner Representative through the construction process, attending to progress payments and change orders in a timely manner on behalf of the Owner. 9. Program staff will obtain all required close-out documents at project completion and the loan closing will be scheduled. 10. Homeowners will be required to comply with all terms and conditions of their program agreement until all of the terms of their loan have been satisfied. Due to the type and source of funding, homeowners provided assistance through this program can expect rigorous enforcement of the terms and conditions of their loans. D. APPLICANT ELIGIBILITY CRITERIA Eligible applicants of this Program must meet the following qualifications: Page 5 of 9 1. Income: An applicant must have a gross income of 80 percent or less than of the College Station/Bryan area median income as reported by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Income determinations) and 24 CFR § 5.609 (Annual income). 2. Assets: Applicants will not be eligible for this program if, upon application, they have assets exceeding $20,000 on hand. Retirement funds in IRS recognized retirement accounts are excluded. The Director may waive this requirement if necessary to accomplish other City or program objectives, or under extraordinary circumstances. 3. Principal Residence and Homestead: Applicants will be required to certify that they intend to occupy the rehabilitated dwelling as their principal residence upon project completion. Occupancy will be determined through verification of utility consumption, and other verifications determined acceptable and/or necessary by the City, on an annual basis. 4. Citizenship: In order to receive program assistance, applicants must be United States Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified alien status will be verified by the Citizenship and Immigration Services division of the U.S. Department of Homeland Security. E. ELIGIBLE PROPERTY CRITERIA Property eligible for Program assistance is subject to the requirements of 24 CFR § 92.254 (Qualification as affordable housing: Homeownership) and as follows: 1. Location: The Program will be implemented on a city-wide basis within the corporate limits of the City of College Station. Properties that lie partially within the corporate limits will be considered on a case-by-case basis. However, program preference will rest with properties wholly in the City. 2. Property Type: Eligible properties must be improved, single-family residential lots, which are: a. The principal residence of the applicant, and b. Substandard but structurally sound, and Page 6 of 9 c. Have all utility service connections available to the property. 3. Title: The applicant household must hold majority title to the property. An existing mortgage will not prohibit participation in the program. 4. All eligible properties, following rehabilitation, shall not exceed the HOME Program limits prescribed in 24 CFR § 92.254(a)(2)(iii). 5. Property Size: Eligible properties may not exceed two (2) acres in size. The Director may waive this requirement if necessary to accomplish other City or program objectives, or under extraordinary circumstances. 6. Manufactured Housing: Manufactured housing units are not eligible for program assistance. F. LOAN INSTRUMENTS 1. The HRP shall use loan instruments (real estate lien note, deed of trust, mechanic's lien contract, mechanic's lien note and transfer of lien) adapted to this program in order to provide financial assistance to eligible applicants. 2. Program loan instruments shall require that the property must be main tained to meet all applicable City codes, including code enforcement ordinances, community appearance and development standards. 3. Refinancing of the first mortgage for the purpose of the reduction of monthly payments, term or interest rate is acceptable, however, refinancing which results in any cash being received by the homeowner is not allowed. In order to refinance, the rehabilitation cost must exceed the amount of debt that is refinanced with HOME funds. 4. The City shall have the prior right to purchase the ownership interest in the property from the initial HRP homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. The City shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60 additional calendar days to complete closing of the property. Page 7 of 9 5. Military Deployment – In the event that the homeowner is deployed on active duty, if the home is occupied by the homeowner's dependents, the rehabilitation loan will continue to be deferred. G. FEASIBILITY OF REHABILITATION 1. Feasibility of rehabilitation of property to minimum program standards will be made following a detailed inspection of the property by program staff. This inspection includes completing a list of deficiencies which must be corrected in order to bring the structure into compliance with HUD requirements and all applicable City of College Station codes and expectations. 2. Feasibility of rehabilitating structures under established program limits will be determined by an assessment of the following two criteria: a. The estimate of costs needed for all required repairs and renovations must fall within program limits. b. For all required renovations, rehabilitation costs shall not exceed 75% of the total estimated post-rehabilitation value for the structure. 3. Units not meeting these standards will be determined infeasible for rehabilitation assistance. H. SELECTION OF RECIPIENTS FOR ASSISTANCE 1. Recipients for assistance of this program will be taken from the applications of eligible homeowners residing in substandard structures determined to be structurally sound by program staff. 2. The number of recipients to receive assistance will be subject to general availability of funds. 3. Community Development staff will evaluate all applications of eligible homeowners whose structures are determined to be feasible to rehabilitate. Based upon this evaluation, a recommendation will be made to the Director as to the order of applicants to be assisted. Generally, those in the most imminent danger to personal health or safety will be extended priority under the program. Page 8 of 9 4. Criteria to be used to make this evaluation will include the following items listed in priority order: a. Degree of threat to health and safety of occupants presented by continuance o f residing in the structure. This will include evaluation of factors such as availability of basic services including water, sewer, electricity, and structural deficiencies of the home. b. Health and handicapping disabilities of occupants which necessitates the home to undergo handicapped accessible construction because of the owner’s existing situation. c. Time and date that all application requirements are met . d. Time and date of application. I. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES 1. The primary form of general housing rehabilitation assistance will be federal HOME funds to pay for eligible program costs. The allowable budget authority for rehabilitation assistance shall not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per applicant for eligible project costs (excluding program staff costs). The Director may increase this amount if necessary to accomplish other City or program objectives, or under extraordinary circumstances. Any additional costs will be financed by owner proceeds or by an additional loan from a private lender. 2. The City of College Station shall hold first lien position on the loan for the duration of the lien period. However, in extreme and isolated situations where first lien position is not feasible, the City may accept a lower lien position subject to the review and approval of the Director. The lien shall be released upon repayment. The full amount of assistance may be repaid at any time. The repayment half of the loan is due in full when that household no longer resides in the home as their principal residence. The other half of the assistance will be in the form of a deferred, forgivable loan amortized using a monthly rate based on the number of months in a ten (10) year lien period to be placed on all rehabilitated dwellings. The loan will be forgiven at this rate over the ten (10) year lien period. If the house is sold or transferred before the lien period expires, the homeowner gets credit for every month spent in the house. The credit is subtracted from the total loan amount, which is then owed and due to the Community Development office and received and used thereof as program income. Page 9 of 9 3. Program intent is to maintain owner-occupancy in the rehabilitated dwellings. In the event of a sale, transfer of ownership or renting of the property during the lien period, the following conditions must apply to avoid default: a. The owner must sell or offer the assumption of the loan to a low/moderate income household for their homestead and approved by the Director; and b. The owner shall give the city a first right of refusal to purchase the ownership interest in the property from the homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. The city shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60 calendar days to complete closing of the property. J. REHABILITATION AGREEMENT Each applicant assisted through this Program will sign a HOME Rehabilitation Agreement with the City which defines the overall terms and conditions of the City providing the HRP assistance. Other construction documents will be required to be executed by the applicant during the rehabilitation assistance process, but the Rehabilitation Agreement will be solely between the City and the applicant, and will be the primary instrument submitted for City Manager approval, before the project may commence. K. FINAL INSPECTION - CERTIFICATE OF OCCUPANCY The City of College Station will be responsible for final inspection of all housing units made available through the program to determine that the unit meets all City of College Station and HUD requirements. Final payment will not be made until the City of College Station has issued a Certificate of Occupancy for the renovated unit and all items identified in a punch list have been corrected. The owner will also be required to sign-off on the final progress payment document to the contractor. The Certificate of Occupancy will serve as evidence to HUD of the City's determination that the renovated structure is no longer substandard, but has become code compliant and a decent, safe, and sanitary dwelling. Page 1 of 12 CITY OF COLLEGE STATION HOUSING RECONSTRUCTION PROGRAM GUIDELINES Unless herein stated otherwise, the requirements contained in 24 CFR Part 92 (Home Investment Partnerships Program) and 24 CFR Part 570 (Community Development Block Grant Program) will be followed. A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station has established a Housing Reconstruction Program (HRP) funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME). Additionally, the City may utilize other appropriate local, state, or federal resources that may become available. The HRP is designed to combine various financial resources necessary to accomplish the reconstruction of eligible, qualified, owner occupied dwellings once deemed ineligible for the Housing Rehabilitation and Minor Home Repair programs. The City's Community Services staff will assist homeowners in planning, implementing and managing the process to demolish and reconstruct their substandard dwelling. In addition, the City seeks to impede the acceleration of slum and blighting influences through this activity, as well as preserve and enhance neighborhood quality and integrity. Depending upon applicant eligibility and costs of the particular project, assistance may be available to applicants under the provisions of 24 CFR § 92.254 Qualification as affordable housing: Homeownership and 24 CFR § 570.202, Eligible Rehabilitation and Preservation Activities. Eligible project activities will comply with the respective program requirements published in the U.S. Code of Federal Regulations (CFR), as it may be modified over time. The basic goals of this Program are:  To preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to qualified low-income households.  To provide support, training, and educational activities to low-income applicants seeking to reconstruct their dilapidated homes.  To provide applicants information regarding loan finance options to accomplish necessary demolition and reconstruction required to build a single family dwelling that meets all applicable codes and ordinances .  To provide applicants information on proactively managing the maintenance of their homes following reconstruction. Page 2 of 12 This program is designed to provide technical and financial assistance to low-income, owner-occupant homeowners seeking to demolish and reconstruct their dilapidated residential structures into decent, safe and sanitary dwelling units. This program is available on a city-wide basis and is limited to only those properties located within the municipal boundaries of the city. Properties that lie partially within the city limits may be considered on a case-by-case basis. The HRP financial assistance shall be managed as follows: Program staff will assist qualified and approved applicants to demolish and reconstruct their dilapidated housing by requiring the applicant to enter into a reconstruction assistance agreement with the City. The agreement will allow the use of program funds for demolition and reconstruction as well as associated program delivery costs of the project. The agreement must be approved and executed prior to the commencement of any demolition or construction activities. All project costs (excluding staff time and soft costs necessary for program delivery) shall be compiled at project completion into a permanent financing loan, secured by a lien. Repayment of the loan shall be in accordance with the terms and conditions defined in program legal instruments. Applicants will have the option of pre-payment of costs at any time during the project, and prior to permanent financing, if they so desire. Upon completion of construction activities, applicant shall close on the loan. Assistance will be in the form of a mixed loan – up to half of the assistance amount capped at $60,000 in the form of a deferred, 0% interest, forgivable loan amortized using a monthly rate based on the number of months in a fift een (15) year lien period. This portion of the loan will be forgiven at this rate over the fifteen (15) year lien period. The remainder will be in the form of a 0% interest deferred loan repayable when the borrower no longer occupies the property as their principal residence. The mortgage note and deed restrictions shall be serviced and enforced either by the Community Services Department, a commercial lending institution, or by a not-for- profit entity. B. DESIGNATED AUTHORITY Administrative authority for implementation of this Program will rest with t he Office of City Manager or its designee. The Community Services Department will serve as the designated office for approval of contractual agreements and budget changes as needed to accomplish project completion, in accordance with Council approved procedures. Page 3 of 12 The Director of Community Services (Director) will be responsible for authorizing the amount of assistance to be made available to the project in accordance with the implementing procedures. This determination will be based upon evaluations of the costs to be incurred by providing the housing assistance and upon the demonstrated needs of eligible applicant(s). The Director will also be responsible for approval of applicant eligibility for this program and final approval of selection of applicants to be assisted. This will be based upon relative need of applicants for the specific housing assistance sought. C. PROGRAM IMPLEMENTATION PROCESS Steps in implementing the Program will be as follows: 1. The Community Development Department will create and maintain applications for all housing assistance programs. All applicants shall submit a completed application to the Community Services Department Office and await an evaluation of eligibility by the appropriate staff member(s). For this particular Program, applicants are required to hold majority title interest to an improved property within the corporate limits of College Station, which is their permanent place of residence, prior to submitting an application. A $25 non-refundable application fee will be required to process the application under this program. 2. When a determination has been made that the structure is not feasible to rehabilitate to minimum standards under the City’s Rehabilitation P rogram, staff will evaluate reconstruction applications for eligibility and prioritize the processing of applications based upon completeness and accuracy of information/documentation and demonstrated housing need. Program staff will process applications as expeditiously as possible, considering funding limitations and other staff responsibilities as assigned. 3. Applicant(s) will be notified by phone and in writing if they are eligible for participation in the program. If the applicant(s) are not eligible, they will be notified in writing, with an explanation of why they d o not qualify. Non-qualification issues may include (but are not limited to) income, assets, deed restrictions, title concerns, environmental concerns and/or household make-up. 4. Program staff will meet with the applicant(s) to explain the basic goals and objectives of the Program and further assess the needs of the applicant(s) household that will occupy the dwelling once completed as their principal residence. Community Services staff determine whether or not approval of the Page 4 of 12 homeowner’s replacement housing may be expected to result in the successful and feasible re-housing of the homeowner. The homeowner’s request may be denied in cases in which the homeowner’s general health or income level would preclude his or her adequate and responsible operation of a replacement dwelling; and/or cases in which the costs of the replacement dwelling would be substantially above the costs of typical cases; and to the extent that the probability of the City reaching its CDBG/HOME program goals would be endangered due to the cost overruns. The homeowner will be notified in writing of the determination and if the request is not approved, the reasons for denial. 5. After the household needs are fully assessed, staff will assess the project site to determine any additional demolition or reconstruction needs of the home in order to fully realize a decent, safe and sanitary unit. Program staff will make every effort, while crafting a plan for the home reconstruction, to incorporate the City’s most current Green Building Standards into the project scope. Any incentives offered from federal, state or local agencies for conformance with Green Build Standards shall be accessed by the program as appropriate and when applicable. 6. Applicant(s) will be involved in several meetings with program staff to ensure proper steps are followed in the reconstruction process of their homes. The applicant may also be required to accompany program staff to appear before City planning boards and/or commissions to request variances or approval of special circumstantial development needs. 7. Applicant(s) will be responsible for their own relocation arrangements during the demolition and reconstruction period. Necessary relocation expenses may be eligible for reimbursement under the City of College Station’s Optional Relocation Policy. The City may be able to provide up to $4,500 for qualified eligible expenses. 8. Once the reconstruction plan has been completed, and any other City required approvals have been accomplished, program staff will place the project out for bid to approved contractors in compliance with the City’s procurement and process regulations. Prior to bid, program staff will prepare a construction estimate by which to compare submitted bid amounts. Should submitted bids prove to be more than 10% of the construction estimate, the applicant will have the option to reject all bids and re-bid the project, or select the lowest responsible bidder (if program staff deems the lowest responsible bid reasonable within the project estimate). Applicant (Owner) will then enter into a construction contract with the lowest responsible bidder (Contractor), allowing the City to be the Owner Representative through the construction process, attending to progress payments and change orders in a timely manner on behalf of the Owner . 9. Program staff will obtain all required close-out documents at project completion and the loan closing will be scheduled. Page 5 of 12 10. Homeowners will be required to comply with all terms and conditions of their program agreement until all of the terms of their loan have been satisfied. Due to the type and source of funding, h omeowners provided assistance through this program can expect rigorous enforcement of the terms and conditions of their loans. D. APPLICANT ELIGIBILITY CRITERIA Eligible applicants of this Program must meet the following qualifications: 1. Applicant(s) must have applied for rehabilitation assistance under the City’s Housing Rehabilitation Program. Applicant must have been rejected for rehabilitation assistance on the grounds that the applicant’s occupied dwelling was not feasible to rehabilitate. 2. Applicant(s) must be an owner-occupant of the dwelling for which assistance is requested and reside within the City of College Station. The dwelling must be the applicant’s principal residence for a minimum of two (2) years prior to the submission of a completed application for assistance. 3. Ownership: Applicant(s) must present proof of ownership by General o r Special Warranty Deed. City staff will verify proof of ownership with title searches as necessary on the property where the dilapidated structure exists and/or the site where the replacement housing will be built. In situations where the applicant does not have clear title, applicant will be required to clear title. When meeting this guideline requirement is not feasible, applicant must present proof of ownership (General or Special Warranty Deed) showing fee simple title of 50% or more ownership in the applicant's name. (All other title holders will be requested to relinquish their title rights to the applicant. If 100% title is not gained in this manner, then all other title holders will be requested to sign applicable project and lien documents to show their consent to the project.) Applicants with less than 100% fee simple title must have a continuing right to occupy the premises. Applicant must provide documentation for all existing liens. All current lienholders will be requested to subordinate their lien position to the City. Upon review and determination by the Community Services Department Director, the City may accept a lesser lien position if it is determined that the City's low-income affordable housing goals are being accomplished by the completion of the project. 4. Principal Residence and Homestead: Applicant(s) will be required to certify that they intend to occupy the new reconstructed dwelling as their principal residence upon project completion. Occupancy will be determined through verification of Page 6 of 12 utility consumption, and other verifications determined acceptable and/or necessary by the City, on an annual basis. 5. Income: An applicant must have a gross income of 80 percent or less than of the College Station/Bryan area median income as reported by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Income determinations) and 24 CFR § 5.609 (Annual income). 6. Assets: Applicants will not be eligible for this Program if, upon application, they have assets exceeding $20,000 on hand. Retirement funds in IRS recognized retirement accounts and home equity are excluded. The Director may waive this requirement if necessary to accomplish other City or program objectives, or under extraordinary circumstances. 7. Citizenship: In order to receive Program assistance, applicants must be United States Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified alien status will be verified by the Citizenship and Immigration Services division of the U.S. Department of Homeland Security. 8. Applicant must establish that all property taxes are paid on the property to be vacated (and/or proposed construction site) and that al l other liens are satisfied or released. Applicants owing delinquent property taxes will only be considered for assistance if they are enrolled in a county approved tax payment plan. At a minimum, the applicant must have six consecutive months of timely payments on a payment plan structured to bring taxes current within a two year period. After project completion, owners are required to certify on an annual basis that taxes have been paid and hazard insurance policies are current and in effect. 9. Applicants shall provide complete and accurate information regarding their household composition, household income, and housing situation. Failure to disclose information which may affect eligibility requirements shall also constitute fraud. Applicants shall be required to make full restitution to the City in the event applicants provide inaccurate or incomplete information in order to meet eligibility requirements for the Community Services Department housing programs. Requests for further assistance will be denied unless restitution is made in full. 10. Applicants will agree to conform to College Station Code Enforcement requests prior to being determined eligible for replacement housing assistance. Applicants agree to maintain dwelling and exterior grounds in accordance with applicable city ordinances. Page 7 of 12 G. FEASIBILITY OF RECONSTRUCTION 1. Feasibility of demolition and reconstruction of property to minimum program standards will be made following a detailed inspection of the property by program staff. 2. Feasibility of reconstruction structures under established program limits will be determined by an assessment of the following two criteria: a. For all required repairs and renovations, rehabilitation costs shall exceed 75% of the total estimated post- rehabilitation value of the structure. b. The estimate of costs needed for all required demolition and reconstruction must fall within program limits. Units not meeting these standards will be determined infeasible for reconstruction assistance and, therefore, considered only for the Housing Rehabilitation and Minor Home Repair programs. H. SELECTION OF RECIPIENTS FOR ASSISTANCE 1. Recipients for assistance of HRP will be taken from the Rehabilitation Program applications of eligible homeowners residing in substandard or dilapidated structures determined to be infeasible to rehabilitate. 2. The number of recipients to receive assistance will be subject to general availability of funds. 3. Community Services Department staff will evaluate all applications of eligible homeowners whose structures are determined to be infeasible to rehabilitate. Based upon this evaluation, a recommendation will be made to the Director as to the order of applicants to be assisted. Generally, those in the most imminent danger to personal health or safety will be extended priority under the program. 4. Criteria to be used to make this evaluation will include the following items listed in priority order: a. Degree of threat to health and safety of occupants presented by continuance of residing in the structure. This will include evaluation of factors such as availability of basic services including water, sewer, electricity, and structural deficiencies of the home. Page 8 of 12 b. Health and handicapping disabilities of occupants which necessitate s the home to be handicapped accessible. c. Time and date that all application requirements are met. d. Time and date of application. E. ELIGIBLE PROPERTY CRITERIA Property eligible for Program assistance is subject to the requirements of 24 CFR § 92.254 (Qualification as affordable housing: Homeownership) and as follows: 1. Location: The Program will be implemented on a city-wide basis within the corporate limits of the City of College Station. Properties that lie partially within the corporate limits will be considered on a case-by-case basis. However, program preference will rest with properties wholly in the City. 2. Property Type: Eligible properties must be improved, single -family residential lots, which are: a. The principle residence of the applicant, and b. Have a structure that has been determined infeasible to rehabilitate by staff, and c. Have all utility service connections available to the property. 3. Title: The applicant household must hold majority title to the property. An existing mortgage will not prohibit participation in the program. 4. All eligible properties, following reconstruction, shall not exceed the HOME Program limits prescribed in 24 CFR § 92.254(a)(2)(iii). 5. Property Size: Eligible properties must not exceed two (2) acres in size. The Director may waive this requirement if necessary to accomplish other City or program objectives, or under extraordinary circumstances. 6. Manufactured Housing: Manufactured housing units are not eligible for program assistance unless: a. the property on which the manufactured home sits is owned by the applicant; and b. the property is properly zoned for single family housing; and c. the applicant has resided in the home and on that site for not less than two years prior to the application date. Page 9 of 12 F. LOAN INSTRUMENTS The HRP shall use loan instruments (real estate lien note, deed of trust, mechanic's lien contract, mechanic's lien note and transfer of lien) adapted to this program in order to provide financial assistance to eligible applicants. Assistance will be in the form of a mixed loan – up to half of the assistance amount capped at $60,000 in the form of a deferred, 0% interest, forgivable loan amortized using a monthly rate based on the number of months in a fifteen (15) year lien period. This portion of the loan will be forgiven at this rate over the fifteen (15) year lien period. The remainder will be in the form of a 0% interest deferred loan, repayable when the borrower no longer occupies the property as their principal residence. Program loan instruments shall require that the property must be main tained to meet all applicable City codes, including code enforcement ordinances, community appearance and development standards. Loan Amount: $150,000 maximum (construction and demolition costs) The Director may increase this amount if necessary to accomplish other City or program objectives, or under extraordinary circumstances; Interest: 0% interest deferred repayment portion and 0% interest forgivable portion capped at $60,000 Forgivable Loan Repayment: Amortized using a monthly rate based on the number of months in a fifteen (15) year lien period. This portion of the loan will be forgiven at this rate over the fifteen (15) year lien period. Un-forgiven portion will be due in full when borrower no longer owner-occupies the structure; Repayable Loan Repayment: Deferred until borrower no longer occupies the property as their principal residence, at which time the repayment portion of the loan is due in full. Lien holder Position: First; Page 10 of 12 Owner Occupancy Required: On the date the homeowner ceases occupying the property as their principal residence (i.e., rental, gift, death, abandonment), the deferred and repayable loans will become due and payable to the City except for deployed military personnel. Refinancing of the first mortgage for the purpose of the reduction of monthly payments, term or interest rate is acceptable, however, refinancing which results in any cash being received by the homeowner is not allowed. In order to refinance, the rehabilitation cost must exceed the amount of debt that is refinanced with HOME funds. The City shall have the prior right to purchase the ownership interest in the property from the initial HRP homeowner for the amount specified in a firm contract betwe en the homeowner and a prospective buyer. The City shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60 additional calendar days to complete closing of the property. Military Deployment - In the event that the homeowner is deployed on active duty, if the home is occupied by the homeowner's dependents, the rehabilitation loan will continue to be deferred. I. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES 1. The primary form of general housing reconstruction assistance will be federal CDBG and/or HOME funds to pay for eligible program costs. The allowable budget authority for reconstruction assistance shall not exceed One Hundred Fifty Thousand and No/100 Dollars ($150,000.00) per applicant for eligible project costs (excluding program staff costs). The Director may increase this amount if necessary to accomplish other City or program objectives, or under extraordinary circumstances. Since each reconstruction project is unique in preparation, size and duration, additional costs may be required to carry a project from commencement to completion. These additional costs will be financed by owner proceeds or by an additional loan from a private lender. Under no circumstances will the owner be able to finance more debt than is allowed under Program debt to income ratios. 2. The City of College Station shall hold first lien position on the loan for the duration of the lien period. However, in extreme and isolated situations where first lien position is not feasible, the City may accept a lower lien position subject to the review and approval of the Director. The lien shall be released upon repayment. The full amount of assistance may be repaid at any time; however, the assistance Page 11 of 12 must be repaid in full when the homeowner no longer occupies the property as their primary residence. 3. Program intent is to maintain owner-occupancy in the reconstructed dwellings. In the event of a sale, transfer of ownership or the property ceases to be owner occupied during the lien period, the following conditions must apply to avoid default: a. The owner must sell or offer the assumption of the loan to a low/moderate income household for their homestead and approved by the Director; and b. The owner shall give the city a first right of refusal to purchase the ownership interest in the property from the homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. The city shall have 10 business days after receiving notice of the firm contract to decide whether to exercise its right and 60 calendar days to complete closing of the property. 4. If within the lien period the homeowner defaults on the loan, the loan will be called due in full and foreclosure proceedings may be initiated. T he City will make every effort to work with the homeowner to avoid foreclosure and will examine each situation on a case by case basis. 5. Allowable expenses will include: a. Replacement housing to be used for one of the following re -housing options: i. An adequate, decent, safe, and sanitary REPLACEMENT DWELLING constructed on the ORIGINAL SITE (LOT) of the dwelling vacated by the homeowner, ii. An adequate, decent, safe, and sanitary REPLACEMENT DWELLING constructed on an ALTERNATE SITE in the City of College Station provided by the homeowner, iii. An adequate, decent, safe, and sanitary REPLACEMENT DWELLING constructed on a SITE ACQUIRED where subject property is no t appropriate for redevelopment and with the agreement that the homeowner will trade lots with the City, if available, or iv. An adequate, decent, safe, and sanitary REPLACEMENT DWELLING FOR SALE in the City of College Station that meets the City’s Structural Standards Code (all Down Payment Assistance Program standards will apply to the home inspection). b. Cost of lot clearance, demolition, and clearance of the dilapidated structure, and preparation of job site for new replacement dwelling. c. Cost of utility and appliance transfers and hookups as necessary. Page 12 of 12 d. Closing and settlement costs related to purchase of replacement dwelling. e. Other expenses determined by the City to be necessary to facilitate the relocation of the homeowner. 6. Community Services Department staff will also provide assistance and education to applicants as needed, including the following: a. Information on the program and re-housing options available. b. Assistance in acquisition or soliciting bids for construction of replacement housing. c. Assistance in contractual compliance between homeowner and contractor. d. Assistance in inspection of construction of replacement dwelling, if applicable. e. Assistance to applicant in evaluation of future housing cost burdens. J. RECONSTRUCTION AGREEMENT Each applicant assisted through this Program will sign a HOME Reconstruction or Re- Housing Agreement with the City which defines the overall terms and conditions of the City providing the HRP assistance. Other construction documents will be required to be executed by the applicant during the reconstruction assistance process, but the HOME Reconstruction Agreement will be solely between the City and the applicant, and will be the primary instrument submitted for City Manager approval, before the project may commence. K. FINAL INSPECTION - CERTIFICATE OF OCCUPANCY The City of College Station will be responsible for final inspection of all housing units made available through the program to determine that the unit meets all City of College Station and HUD requirements. Final payment will not be made until the City of College Station has issued a Certificate of Occupancy for the reconstructed unit and all items identified in a punch list have been corrected. The owner will also be required to sign- off on the final progress payment document to the contractor. The Certificate of Occupancy will serve as evidence to HUD of the Cit y's determination that the reconstructed structure is no longer substandard, but has become code compliant and a decent, safe, and sanitary dwelling. CITY OF COLLEGE STATION RENTAL REHABILITATION LOAN PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the requirements contained in 24 CFR Part 92 (Home Investment Partnerships Program) and 24 CFR Part 570 (Community Development Block Grant Program) will be followed. I. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station has established a Rental Rehabilitation Loan Program (RRLP) funded through the U. S. Department of Housing and Urban Development (HUD) with HOME Investment Partnership Program (HOME) and/or Community Development Block Grant (CDBG) funds. The City may also utilize local, state, or federal resources that may become available. The RRLP is designed to combine various financial resources necessary to encourage property owners (Owner) to rehabilitate existing rental property in order to increase the supply of decent, affordable housing for lower income families and to preserve existing rental housing stock. The City will provide loans of up to 90% of the amount necessary for improvements that meet the parameters identified in these guidelines. The basic goals of this Program are:  To preserve, enhance, and increase the supply of affordable, decent, safe, and sanitary housing available to qualified low- and moderate-income and special needs renter households.  Maintain the affordability for low- and moderate-income households by reducing energy consumption and costs. This program is designed to provide technical and financial assistance to owners of qualified rental units who are seeking to rehabilitate structures into decent, safe, sanitary and affordable dwelling units. This program is available on a city-wide basis and is limited to only those properties located within the municipal boundaries of the city. Properties that lie partially within the city limits may be considered on a case-by-case basis. Assisted units are required to provide affordable rents for the set affordability period. The Community Services Department will administer this program for the City of College Station. II. DESIGNATED AUTHORITY Administrative authority for implementation of this Program will rest with the Office of City Manager or its designee. The Community Services Department will serve as the designated office for approval of contractual agreements and budget changes as needed to accomplish project completion, in accordance with Council approved procedures. The Director of Community Services (Director) will be responsible for authorizing the amount of loan assistance to be made available to the project in accordance with the implementing procedures. This determination will be based upon evaluations of the application, cost to be incurred by providing assistance, and community benefit of project(s) proposed. The Director will also be responsible for approval of applicant eligibility for this program and final approval of projects to be assisted. This will be based upon the feasibility of proposed project. III. PROGRAM IMPLEMENTATION Steps in implementing the Program will be as follows: Community Services will create and maintain applications for the RRLP. Applications may be submitted in response to a Request for Proposal or at any time during the program year. Proposals will be reviewed and funded based on the availability of funds and dependent upon the eligibility, feasibility, and benefit to the community. Community Services staff will evaluate all applications for eligibility and prioritize the processing of applications based on parameters defined in Sections VII. Applications will be processed as expeditiously as possible. Owners will be notified of their application’s status. The Owner will be required to sign a program agreement with the City committing to the rehabilitation, loan terms, affordability requirements, and other federal requirements. Owner and Community Services staff will work together to develop a scope of work based on the information submitted in the application. The scope of work will be developed in a way to minimize the permanent displacement of tenants who occupy the structure prior to rehabilitation. Community Services staff will ensure that the scope of work includes all requirements to meet specific codes and federal regulations. Owner will be required to accompany Community Services staff to appear before City Council as needed to request approval. Community Services staff will monitor all federal program requirements, obtain all required close -out documents at project completion, and service the loan upon closing for the duration of the loan. Owner will be required to comply with all terms and conditions of their program agreement until all of the terms of their loan have been satisfied. Community Services staff will monitor the project for the affordability period to determine compliance with low income rental requirements. Due to the type and source of funding, Owners receiving a loan through this program can expect rigorous enforcement of the terms and conditions of their loan. IV ELIGIBILITY REQUIREMENTS A. The Owner must: 1. Be the owner of the property proposed for rehabilitation. Any legally acceptable form of ownership (e.g. partnership, corporation, individual) is eligible, provided that the applicant has control of the property and the authority to enter into legally binding financial commitments. 2. Exhibit the ability to pay all monthly expenses on the property, repay the loan(s) associated with the proposed project, and maintain the property in its post-assistance condition for the duration of the affordability period. 3. Enter into a Rehabilitation Agreement with the City either individually, or in the case of a corporation, by an authorized representative/principal(s) on behalf of the co rporation, with an express warranty that the representative/principal(s) has been authorized to execute the Rehabilitation Agreement on behalf of the corporation 4. Be in good standing with the City of College Station with any previously awarded federal funds. This means that the applicant organization should be within 30 days current on any loan payments due, be within 30 days current on all required program and financia l reporting, and not have any outstanding or unresolved monitoring findings from previous contracts or agreements. 5. Must be current on all property taxes and utility payments that are due and payabl e on the proposed property. 6. Contribute a minimum of 10% of the total project cost from sources other than City funds. 7. Owner must demonstrate that they have equity in the property at least equal to twenty percent (20%) of the market value of the property. B. Eligible Property Types 1. Home rental projects may be one or more buildings on a single site, or multiple sites that are under common ownership, management and financing. a. The project must be assisted with HOME funds as a single undertaking. b. The project includes all activities associated with the site or building. 2. Must be appraised by an appraiser selected and/or approved by the City, and the appraisal must show a value sufficient after rehabilitation to satisfactorily support at least 100% of the project’s debt which will exist after rehabilitation/construction. 3. The overall debt to after rehabilitation value shall not exceed one hundred percent (100%). 4. Must be insured in an amount sufficient to fully protect the public investment with the insurance policy naming the City as “loss payee”. 5. A building inspection is required by a licensed architect, engineer, and/or the City upon submission of an application. Results of the inspection must be consistent with information provided in the application. Existing buildings may be considered eligible for rehabilitation assistance if there are at least (2) major conditions that do not comply with either the International Building Codes adopted by the City of College Station, or federal Section 8 Housing Quality Standards. This may include the following: a. Structural – Noncompliance with Building Code and Section 8 Housing Quality Standards such as fire egress requirements, over-spanned roof/ceiling joists, tenant separation fire walls and other code items that are necessary to bring the property up to current standards or that threaten the health and safety of residents b. Plumbing – Sewer drain lines, plumbing fixture venting and rough-ins, washer connections, water lines, gas lines, outdated water heaters and plumbing fixtures c. Mechanical – Heating/Cooling systems, ductwork, direct-air venting d. Electrical – Non-grounded systems, obsolete electrical panels, AFCI and GFCI receptacles, exterior waterproof receptacles, minimum required receptacles, exterior lighting, smoke and carbon monoxide detectors e. Energy – Insulation values, door and window energy ratings, appliances f. Accessibility – Accessible parking and routes, visitability, ramps, grab bars, sensory (deaf or blinded) equipment (HUD requirement), bathroom and kitchen modifications 6. Must have an assessment and possible abatement of lead-based paint if required. A HUD environmental review will be performed by the City. 7. Upon project completion, each of the following major systems must have a remaining useful life for a minimum of 15 years or the major systems must be rehabilitated or replaced as part of the rehabilitation work: structural support; roofing; cladding and weatherproofing (e.g., windows, doors, siding, gutters); plumbing; electrical; and heating, ventilation, and air conditioning. 8. Rental properties must be residential units. C. Ineligible Property Types 1. Properties previously financed with HOME during the affordability period cannot receive additional HOME assistance unless assistance is provided during the first year after project completion. 2. HOME funds may not be used for development, operations or modernization of public housing finances under the 1937 Act (Public Housing Capital and Operating funds). 3. Projects assisted under 24 CFR Part 248 (Prepayment of Low-Income Housing Mortgages) may not receive HOME funds, unless assistance is provided to “priority purchasers” of such housing. a. A priority purchaser is a resident council organized to acquire a project in accordance with a resident homeownership program, or any nonprofit organization or state or local agency that agrees to maintain low-income affordability restrictions for the remaining useful life of the project. Organizations or agencies affiliated with a for -profit entity for the purposes of purchasing a property do not qualify as priority purchases. D. Eligible Tenants a. Owner may not refuse to lease HOME-assisted units to a certificate or voucher holder under the Section 8 Program, or to a holder of a comparable document evidencing participate in a HOME tenant-based rental assistance (TBRA) program, because of the status of the prospective tenant as a holder of such certificate, voucher or comparable HOME TBRA document. b. Owner will utilize the Section 8 Program Part 5 definition of annual (gross) income. c. Before the tenant occupies a unit, tenant eligibility must be documented as prescribed by the City with source documents, such as wage statements, interest statements, and unemployment compensation statements. d. Owner must recertify tenant income on an annual basis. E. Leases a. The lease between the Owner and Tenant must be for at least one year. b. The lease between the Owner and Tenant can not contain any of the following provisions: 1. Agreement to be sued: Agreement by the tenant to be sued, to admit guil t, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease. 2. Treatment of property: Agreement by the tenant that the owner may seize or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This provision does not apply to disposition of personal property left by a tenant who has vacated a property. 3. Excusing Owner from responsibility: Agreement by the tenant not to hold the Owner or the Owner’s agent legally responsible for any action or failure to act, whether intentional or negligent. 4. Waiver of notice: Agreement of the tenant that the Owner may institute a lawsuit without notice to the tenant. 5. Waiver of legal proceeding: Agreement of the tenant that the owner m ay evict the tenant or household members without instituting a civil court proceeding win which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties. 6. Waiver of right to appeal court decision: Agreement by the tenant to waive the tenant’s right to appeal or to otherwise challenge in a court a court decision in connection with the lease. 7. Tenant chargeable with cost of legal actions regardless of outcome: Agreement by the tenant to pay attorney’s fees or other legal cost, even if the tenant wins in court proceeding by the owner against the tenant. The tenant, however, may be o bligated to pay costs if the tenant loses. c. Owners may terminate tenancy or refuse to renew a lease only upon 30-days’ written notice, and only for serious or repeated violation of the terms and conditions of the lease; violation of applicable federal, state or local law; completion of the tenancy period for transitional housing or for other good cause. d. Owner of HOME-assisted rental housing must adopt written tenant selection policies and criteria that: 1. Are consistent with the purpose of providing housing for very-low and low-income households; 2. Are reasonably related to program eligibility and the applicants’ ability to perform the obligations of the lease; 3. Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and 4. Give prompt written notification to any rejected applicant of the grounds for any rejection. V. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES 1. RRLP assistance shall be in the form of a 0% interest loan with quarterly payments for a specified term. The quarterly payment amount will be determined by the amount of the loan divided by the number of years of the loan divided by four. 25% of the total loan amount may become forgivable at the end of the specified term for proposals that address the first three priorities in Section VII: 1. Bring property up to City Code & HQS Standards (up to 10% forgiven), 2. System upgrades (up to 10% forgiven) and 3. Energy conservation upgrades (up to 5% forgiven). The quarterly payment amount will be adjusted to reflect this forgivable portion. 2. The maximum assistance amount will be based on Section 221(d ) (3) program limits for the metro area and will be subject to funding availability. The minimum loan will be $5,000 per unit. The Owner must comply with the terms of the note and deed of trust executed at loan closing. If the Owner violates terms of the note and Deed of Trust, the remaining principal of the loan, any amounts that would have been forgiven, plus a penalty equaling the amount of interest that would have been amortized at a 5% interest rate over the specified term will be due immediately. 3. HOME funds may be used to refinance existing debt if the HOME funds are used to rehabilitate the property and the refinancing is necessary to permit or continue affordability. Refinancing cannot be the primary purpose of the HOME Investment. HOME funds c annot be used to refinance Federal debt. 4. Program intent is to maintain affordable, decent, safe and sanitary rental units for low-income households. In the event of a sale or transfer of ownership, the following conditions must apply to avoid default: a. The Owner must sell repay the full amount of assistance including the penalty described in Section III (2) while still maintaining the affordability period; or b. Following approval from the Director, Owner may offer the assumption of the loan and requirements to the buyer. 5. Eligible project costs include construction costs, architectural and engineering fees; financing costs such as private lender origination fees, credit reports, fees for title evidence, recording costs, building permits, attorneys fees, private appraisal fees and fees for an independent cost estimate, builders’ or developers’ fees; affirmative and fair housing marketing costs; management costs; environmental review costs, relocation costs, and any other reasonable costs. VI. LONG TERM AFFORDABILITY & RESTRICTIONS 1. Affordability Period: HOME-assisted rental units carry rent and occupancy restrictions for varying lengths of time, depending upon the average amount of HOME funds invested per unit . The minimum affordability period is as follows: <$15,000 per unit = 5 years $15,000 to $40,000 per unit = 10 years $40,000 per unit = 15 years 2. Initial “HOME rents”: Every HOME-assisted unit is subject to rent limits designed to help make rents affordable to low income households. These maximum rents are referred to as “HOME Rents”. HUD will annually publish Fair Market Rents (FMR) for this area. Community Services staff must establish monthly rents and allowances for utilities for HOME-assisted rental projects based on FMR’s. See Attachment 1. 3. Restrictions: a. If five or more units are included in the project, at least 20 percent must be designated low HOME rent units that are rented to tenant households having a gross annual income of 50% AMI or less. b. If units are occupied at time of project initiation by tenants who are not low -income, upon the unit becoming vacant, the Owner shall lease that vacated uni t to an eligible low-income household. c. No conversion to condominiums or any type of cooperative ownership for the duration of the loan. d. Owner must comply with the City's Fair Housing Ordinances and the U.S. Department of Housing and Urban Development Fair Housing Standards. e. The project must be maintained in standard condition for the duration of the lien as defined by HUD's Housing Quality Standards (HQS) and City ordinances. f. Owner must comply with the City's Anti-Displacement Policy (Attachment 2). g. Owner must affirmatively market vacant units to low-income households for the affordability period and adhere to the City's Affirmative Marketing Policy (Attachment 3). h. Owner will provide, in a timely manner, information necessary to determine compliance with the RRLP during the term. i. Owner must comply with federal employment and contracting rules (Equal Opportunity Employment, Section 3, Minority/Women Employment, Davis-Bacon, Conflict of Interest, and Debarred Contractors). j. Construction plans for projects must be sealed by an architect or engin eer if the number of stories, dwelling units, use classification, or total square footage exceeds the minimum thresholds set forth in the City Building Code, the Texas Engineering Practice Act, or by the Texas Board of Architectural Examiners. The architect/engineer must be available for consultations, meetings, and site inspections for the duration of the project. Plans for projects not exceeding these minimum thresholds do not require the seal of an architect or engineer. However, the person who designs a project not requiring a seal must be available for consultation, meetings, and site inspections, and be responsible for monitoring the project and approving progress payments through completion. VII. SELECTION CRITERIA AND PRIORITY Applications for RRLP funding will be reviewed and evaluated using the following criteria: a. Type of improvements: Projects incorporating improvements beyond City codes and HUD's Housing Quality Standards (HQS) are encouraged to the extent allowed by regulation. b. Financial Feasibility: Procedures will include an evaluation of the Owner's financial capacity. c. Overall benefits to low-income tenants. Applications will be given priority based on the following proposed improvements: 1. Bring property up to City Code & HQS Standards 2. System upgrades 3. Energy conservation 4. Exterior repairs 5. Upgrade marketability VIII. RELOCATION The owner of any property rehabilitated under the Rental Housing Program will be expected to cooperate with the City to provide financial and advisory services, as described in the City’s Anti Displacement Strategy, to all tenants who are permanently or temporarily displaced as a result of the project. IX. ELIGIBLE AREAS The RRLP will be available on a citywide basis in an effort to increase the availability of standard units made financially available. This activity is in compliance with the City's Consolidated Plan and Annual Action Plan priorities to provide low-income housing on a citywide basis. X. FILES AND RECORDS The Community Services Department shall maintain accurate files and records on each project and all documentation pertinent to the applicant shall be included. Such files shall be open for inspection as to qualifications, bid procedures, inspections of work, and payments of federal share of the project. The Owner will be required to maintain accurate files and records on each unit rehabilitated under the RRLP. Such files shall be open for inspection by local, state, and federal authorities to verify compliance with all program requirements. Additionally, the Owner will be required to file annual reports to the City for the entire term of the note. Within 90 days of the date of issuance of a Certificate of Occupancy for the project, the owner must furnish to the City data on the income characteristics of tenants occupying the structure initial ly after rehabilitation/construction. XI. BIDDING PROCEDURES AND CONTRACTOR SELECTION Contractors and sub-contractors must be selected in accordance with applicable federal and state laws . The owner is responsible for securing all appropriate building permits and ensuring the final inspections of all permits are performed and approved by the City. Upon completion the City, and if appropriate, the lender will make a final inspection before the construction work will be approved and accepted. The owner is solely responsible for the terms of the contract between the owner and the contractor. A. Selection of a General Contractor If the total loan amount is $49,999 or less, the owner will be r esponsible for obtaining and documenting a minimum of three written bids from qualified sources. Copies of the quotations must be submitted to the Community Services Department prior to the owner’s award of the contract. If the total loan amount will or could exceed $50,000, the owner will be responsible for obtaining competitive bids from a minimum of two qualified, responsible contractors. Contractors must submit an itemized bid using the work write-up prepared by the owner and approved by the Community Services. Copies of the bids must be submitted to the Community Services prior to the owner’s award of contract. In the event the owner awards the contract other than to the lowest responsible bidder, the owner must pay the difference between the selected bidder and the low bidder. A copy of the executed contract must be submitted to the Community Services Department prior to the start of construction. The approved contractor must be licensed, and provide proof of appropriate insurance coverage, covering the total cost of the rehabilitation work and including but not limited to worker’s compensation, general liability, and personal liability. Recipient shall not award contract to any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing and Urban Development. B. Owner Performs Rehabilitation Work as General Contractor If the City determines the owner (or members of the owner’s family) has sufficient construction skills and possessed all required licenses, the owner may be allowed to perform the rehabilitation work. The owner will be required to identify the specific work items which will be accomplished by the owner. If an owner anticipates acting as the general contractor, sufficient information must be provided in the project proposal to allow the City to evaluate the owner’s capacity to act as the general contractor. The owner may act as the general contractor and enter into subcontracts afer securing a minimum of three written bids for each subcontract. Copies of the bids and executed contracts from subcontractors must be submitted to the Community Services Department before any work begins. The City will review and approve all subcontractor bids prior to the start of the work. The Community Services Department will periodically inspect the progress and quality of the work. If an owner fails to satisfactorily accomplish the work within the time frame established in the Rehabilitation Agreement, the owner will be required to hire a professional contractor to compl ete the work, at no additional expense to the City. Eligible project costs will be limited to the out -of-pocket expenses of the owner, including payments to subcontractors and purchase of materials and supplies used in the project. The labor of the owner or an owners immediate family will not be considered as an eligible rehabilitation cost. No allowance for profit will be approved for an owner who is acting as the general contractor. The cost of materials and supplies from an owner’s inventory generally will not be allowed. Only when the owner has an established method of inventory control where the actual cost of the material can be documented, will such costs be considered. In any case, the materials must be new and the costs must not exceed the market rate for such items. XII. REHABILITATION AGREEMENT Each applicant assisted through this Program will sign a Rehabilitation Agreement with the City which defines the overall terms and conditions of the City providing the rehabilitation assistance. Other construction documents will be required to be executed by the applicant during the rehabilitation assistance process, but the Rehabilitation Agreement will be solely between the City and the applicant, and will be the primary instrument submitted for City Manager or City Council approval, before the project may commence. XIII. FINAL INSPECTION - CERTIFICATE OF OCCUPANCY The City of College Station will be responsible for final inspection of all housing units made available through the program to determine that the unit meets all City of College Station and HUD requirements. Final payment will not be made until the City of College Station has issued a Certificate of Occupancy for the renovated unit and all items identified in a punch list have been corrected. The owner will also be required to sign-off on the final progress payment document to the contractor. The Certificate of Occupancy will serve as evidence to HUD of the City's determination that the renovated structure has become code compliant and a decent, safe, and sanitary dwelling. Attachment 1 2014 HOME PROGRAM RENTS AND 2014 MEDIAN INCOME LIMITS FOR COLLEGE STATION-BRYAN MSA AS PUBLISHED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE FEDERAL REGISTER Section 8 Fair Market Rents and HUDs calculation of high and low rents include all utilities and housing - related services, except telephone. If utilities are not included in rents and are paid by the tenant, the City will prepare utility allowances and adjusted rents. 2014 HOME Program Rents Effective March 4, 2014 (All utilities paid and includes appliances) Efficiency 1BDRM 2-BDRM 3-BDRM 4-BDRM 5-BDRM Fair Market Rent $699 $704 $868 $1255 $1505 $1,731 Low (50%) HOME Rent $510 $546 $655 $756 $845 $931 High (65%) HOME Rent $643 $690 $831 $950 $1,041 $1,130 HOME Rental Housing Income Guidelines for 2014 Effective January 22, 2014 Number in Household Very Low-Income Limit for Families (50% of Median Income) Income Limit for Families Occupying (60% of Median Income) Low-Income Limit for Families (80% of Median) 1 $20,150 $24,180 $32,200 2 $23,000 $27,600 $36,800 3 $25,900 $31,080 $41,400 4 $28,750 $34,500 $46,000 5 $31,050 $37,260 $49,700 6 $33,350 $40,020 $53,400 7 $35,650 $42,780 $57,050 8 $37,950 $45,540 $60,750 Attachment 2 CITY OF COLLEGE STATION RENTAL REHABILITATION LOAN PROGRAM ANTI-DISPLACEMENT POLICY Unless herein stated otherwise, the requirements contained in the Uniform Relocations Assistance and Real Property Acquisition Polices Act of 1970 (URA) (42. U.S.C. 4201-4655), 49 CFR Part 24, 24 CFR Part 42, 92.353, and Section 104(d) will be followed. The City's goal with the Rental Rehabilitation Loan Program is to improve the housing conditions of lower income tenants. This is to be achieved by providing sufficient assistance to property owners (Owner) to make rehabilitation of their rental property cost -effective, while rents of rehabilitated units stay affordable for their lower income tenants. Displacement of existing tenants as a result of rehabilitation will be avoided to the greatest degree possible. Moreover, the City will not sponsor a project that will cause the displacement of a very low income family by a family that is not of very low income. The purpose of this Policy is to inform the public how the City will assist tenants who reside in properties to be rehabilitated through this program. Assistance connected with this policy, and with the City's Rental Rehabilitation Loan Program will not be denied to persons because of their particular race, color, religion, sex, age, handicap, or national origin. Costs of assistance provided pursuant to this policy, other than Section 8 Rental Assis tance, will be shared by participating owners and by the City through its Community Development Grants and other available state or federal funding sources. A. DEFINITIONS 1. "Displacement", as used herein, means the permanent involuntary move of a tenant from a residence in a project rehabilitated through the Rental Rehabilitation Program because of that rehabilitation occurring. (For example, if the tenant was forced to move because his rent after rehabilitation increased to an unaffordable level.) 2. "Temporary Relocation", as used herein, means the move by a tenant into temporary quarters necessitated by the scope of work during rehabilitation of his primary residence. 3. "Comparable Replacement Dwelling", as used herein, means a dwelling which is: a. Decent, safe, and sanitary with respect to local codes. b. Functionally equivalent to the displacement dwelling. c. In an area not subject to adverse environmental conditions. d. Is reasonably accessible to the displaced person's place of employment (or to employment opportunities if the person is unemployed). e. Currently available to and within the financial means of the displaced person. B. NOTICES TO TENANTS Affected tenants will be promptly notified through the mail, by either Owner or City, on each of the following occasions: 1. At time of application, to advise tenants that they will either not be displaced, or, if displaced will be eligible to receive relocation assistance. 2. After execution of the agreement, to advise: a. Tenants who will not be displaced of the conditions for continued occupancy, and potential availability of Section 8 rental assistance. b. Tenants who will be displaced of their eligibility for relocation assistance and/or Section 8 rental assistance, and how to access it. C. TENANT COUNSELING Consistent with the Fair Housing Law the City will provide the following information and counseling to displaced tenants: 1. Opportunities to select Comparable Replacement Dwellings from a full range of neighborhoods within the total housing market. 2. Individual rights under the Fair Housing Law. 3. How to search for suitable replacement housing. The Brazos Valley Housing Choice Voucher Program will provide information and counseling concerning the provision of rental assistance to eligible tenants through that program. D. MOVING EXPENSE ASSISTANCE: TEMPORARY OR PERMANENT 1. Eligibility: All tenants that must be relocated temporarily or displaced are eligible, regardless of total family income, except: a. Tenant being evicted for just cause. b. The person moved into the property after the submission of the application but, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person, and the fact that the person would not qualify as a displaced person as a result of the project. c. Tenant is ineligible under 49 CFR 24.2(g) (2) d. HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. 2. Types of Moving Expense Payments: Eligible tenants are entitled to either of the following payments: a. Reimbursement for actual moving expenses, which include:  Moving household goods, including insurance coverage on the household goods while in transit  Disconnecting and reconnecting household appliances.  Transportation cost for tenant and family. -  Storage of household goods (for temporary move only). Tenants selecting this method should consult with the designated City staff prior to the move. Agreements should be reached between the staff and the tenant as to specific reimbursements the tenant can expect. The tenant shall provide adequate documentation of the covered moving expenses, and shall provide signed and dated receipts on the letterhead of the service provider. b. Fixed moving expense payment, which is an allowance based on the number of rooms of furniture the tenant will move. The size of the allowance will conform with the most recently published schedule for "Fixed Moving Expenses and Dislocation Allowance" from the U.S. Department of Transportation. The tenant will be required to certify, to the City's satisfaction, the number of rooms and furniture involved. 3. Limitations: The City will not bear any moving expenses connected with temporary relocations beyond a period of 90 days. E. CASH ASSISTANCE: PERMANENT RELOCATION ONLY 1. Eligible Tenants: a. Tenants with income below the very low income limits (50 percent of the area median income) 2. Criteria and Procedure: a. The tenant may use the cash assistance payment for rent or purchase of a replacement dwelling. b. Generally, the City will calculate the cash assistance payment as follows: i. $ Monthly rent, plus utility allowance as determined using the Brazos Valley Housing Choice Voucher Program Utility Schedule, at the comparable replacement dwelling ii. $ Monthly rent, plus utility allowance as determined using the Brazos Valley Housing Choice Voucher Program Utility Schedule at the displacement dwelling, or 30% of the tenants average gross monthly income whichever is less. iii. $ State the difference in the above two items. iv. $ (Cash Payment) State the amount on the line iii. times 42, or $5,250.00, whichever is less. G. CONTINUED OCCUPANCY FOR IN-PLACE TENANTS To the extent feasible in-place tenants shall be provided a reasonable opportunity to lease a suitable, decent, safe, sanitary, and affordable dwelling unit in the project following completion of the rehabilitation. Tenants not displaced shall have the right of continued occupancy according to the terms of their respective lease agreement. Very low income tenants will be encouraged to apply for Section 8 rental assistance which may be available to them at a later date. For more information concerning matters addressed in this policy please contact the City of College Station Community Services Department, at (979) 764-3778. Attachment 3 CITY OF COLLEGE STATION RENTAL REHABILITATION PROGRAM AFFIRMATIVE MARKETING POLICY The City of College Station adheres to the principle that persons of similar economic levels should have available to them like range of housing choices regardless of their race, color, religion, sex, handicap, national origin or familial status. In following with this principle, this policy sets forth actions which will be taken to achieve affirmative marketing of units rehabilitated through the City's Rental Rehabilitation Program. ACTIONS BY PARTICIPATING OWNERS 1. List rehabilitated units with, or advertise them through, as large a number of referral sources as practical to attract a wide cross-section of lower income tenant prospects. This includes, but is not limited to: a. Brazos Valley Housing Choice Voucher Program b. Private apartment locator services c. Local newspapers. 2. Develop community contacts through which persons in the housing market area might be attracted, who are not likely to apply for the housing without special outreach. 3. Inform the City of vacancies as they occur, the steps being taken to fill those vacancies consistent with No. 1 and-2 above, and characteristics of tenants once those vacancies are filled. 4. Use Equal Housing Opportunity logo on printed material, and display Fair Housing posters as practical. ACTIONS BY CITY 1. Inform the public, potential tenants, and owners about Fair Housing laws, and elements of this policy, through the following methods: a. Use the media. b. Dissemination of printed material to tenants and owners. c. One-on-one counseling to tenants and owners. 2. Promote the achievement of the affirmative marketing goal through interaction with other housing service providers and advocates in the community. 3. Maintain records documenting efforts by owners and the City to achieve affirmative marketing. ASSESSMENT AND CORRECTIVE ACTION The City will assess the effectiveness of affirmative marketing by owners, by comparing characteristics of the affected tenant population with characteristics of the City's population as a whole on a regular basis. If it is determined that an owner has violated this policy, he will be at risk of having to repay the rehabilitation subsidy as per the terms of the Rental Rehabilitation Agreement. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:318-0592 Name:Budget Amendment #3 Status:Type:Presentation Agenda Ready File created:In control:8/31/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Public Hearing, presentation, possible action, and discussion on an ordinance (Budget Amendment 3) amending Ordinance No. 2017-3936 which will amend the budget for the 2017-2018 Fiscal Year and authorizing amended expenditures as therein provided. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Ordinance FY18 BA#3 09.20.19.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion on an ordinance (Budget Amendment 3) amending Ordinance No. 2017-3936 which will amend the budget for the 2017-2018 Fiscal Year and authorizing amended expenditures as therein provided. Relationship to Strategic Goals: 1.Financially Sustainable City 2.Core Services and Infrastructure Recommendation(s):Staff recommends the City Council approve Budget Amendment #3 and the interfund transfer. Summary:The proposed budget amendment is to increase the FY18 budget appropriations by $3,838,869. The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover increased expenditures and after holding a public hearing on such budget amendment. Attached is a summary with a description of the items included on the proposed budget amendment. This amendment also includes interfund transfers. Transfers between Funds require Council approval. Budget & Financial Summary:The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The attached summary has the complete description of the items included on the proposed budget amendment and a description of the interfund transfer. If approved, the net revised budget appropriations will be $376,747,538. Reviewed and Approved by Legal:Yes Attachments: 1.FY18 Budget Amendment #3 Detail Listing 2.Ordinance College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™ ORDINANCE NO. _________ AN ORDINANCE (BUDGET AMENDMENT #3) AMENDING ORDINANCE NO. 2017-3936 WHICH WILL AMEND THE BUDGET FOR THE 2017-2018 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on September 25, 2017, the City Council of the City of College Station, Texas, adopted Ordinance No. 2017-3936 approving its Budget for the 2017-2018 Fiscal Year; and WHEREAS, on February 8, 2018, the City Council of the City of College Station, Texas, adopted Budget Amendment #1 amending the 2017-2018 Budget; and WHEREAS, on May 24, 2018, the City Council of the City of College Station, Texas, adopted Budget Amendment #2 amending the 2017-2018 Budget; and WHEREAS, this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly given; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2017-3936 is hereby amended by amending the 2017-2018 Budget adopted thereto by a net amount of $3,838,869 as further detailed in Exhibit A attached hereto and incorporated herein for all purposes. PART 2: That this Budget Amendment #3 shall be attached to and made a part of the 2017-2018 Budget. PART 3: That except as amended hereby, Ordinance No, 2017-3936 shall remain in effect in accordance with its terms. PART 4: That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this 27th day of September, 2018. ATTEST: APPROVED: ____________________________ ________________________________ City Secretary Mayor APPROVED: _________________________ City Attorney 18-0592 - FY18 BA#3 09.20.19.docx The proposed budget amendment is to increase the FY18 budget for the items listed below by $3,838.869. Also included are interfund transfers totaling $1,116,000. Interfund transfers (transfers between Funds) require Council approval and, therefore, these items are being included as part of this Budget Amendment. 1. Overtime and Travel costs associated with TIFMAS deployments - $111,812 (Budget Amendment) The Fire Department was deployed to three events during FY18: Panhandle Fires – Childress, Panhandle Fires – Wolfforth, and to California, incurring significant overtime and travel costs to the Fire Department’s budget. The City is being reimbursed for each of these deployments. 2. Advanced Metering Infrastructure (AMI) for Electric and 3.0 FTEs – $97,990 (Budget Amendment) On April 26, 2018, Council approved a request for proposal (RFP) for AMI in Electric. In order for the RFP to proceed as planned, two AMI-specific positions are required for FY18: an additional SCADA Analyst and an AMI Supervisor. A third position, an AMI Superintendent, is anticipated to be hired in FY19. The Electric Department anticipates hiring the SCADA Analyst and AMI Supervisor during the Fourth Quarter of FY18. The expected AMI costs are $79,156 for the SCADA Analyst and a vehicle and $18,834 for the AMI Supervisor. These costs reflect three months and one month of expenditures for the SCADA Analyst and AMI Supervisor, respectively. The FY19 cost of the 3.0 FTEs are: $138,667 for the SCADA Analyst, $123,491 for the AMI Supervisor; and $198,500 for the AMI Superintendent. This amendment will appropriate FY18 budget in the Electric Fund (SCADA and AMI Divisions) to support the hiring of the SCADA Analyst and AMI Supervisor to initiate the RFP and AMI implementation. 3. Wolf Pen Creek TIRZ Payment to CSISD – $1,077,759 (Budget Amendment) On June 28, Council approved payment to CSISD for their portion of the Wolf Pen Creek TIRZ funds. Per the approved schedule, CSISD will receive a total of $1,077,759 during FY18, and the remainder of the funds will be budgeted to be disbursed in FY19. Once the disbursements are complete, the fund will be closed. 4. Property & Casualty Insurance Fund - Additional Claims and Safety Training - $849,000 (Budget Amendment) During fiscal year 2018, the city has experienced several unforeseen events including a hail storm that occurred in College Station on March 18, 2018, a vehicle and equipment loss after a break-in at the Forestry Building among other losses. As a result of the unforeseen claims incurred, it is estimated that the expense will need to be increased by $840,000 from what was originally budgeted. The City also anticipates $600,000 in revenue that will be received from the insurer. The net effect is a cost of $240,000 to the Property & Casualty Insurance Fund. In addition, a safety training program for responding to emergency situations was initiated for city employees in FY18 at a cost of $9,000 to the Property & Casualty Insurance Fund. 18-0592 - FY18 BA#3 09.20.19.docx 5. Aggie Field of Honor Columbarium Sidewalks – $45,000 (Budget Amendment) The initial budget for this sidewalk project was $45,000; however, some changes were made to the specs after the estimates were created. Specifically, the thickness of the sidewalks was increased due to expected traffic and a stamped pattern was chosen in order to match the existing concrete. This amendment will cover the increased costs associated with these changes. 6. Utility Customer Service (UCS) Credit Card Processing Costs - $45,000 (Budget Amendment) This item will cover the unexpected increase in credit card processing costs associated with utility payments. Budget originally anticipated a growth in costs, but the actual FY18 credit card processing costs have exceeded budget and are expected to grow due to credit card use and an increasing number of utility bills paid with credit cards from overseas financial institutions. This amendment will cover the remaining anticipated costs and will be funded out of existing UCS Fund balance. 7. Convention & Visitors Bureau (CVB) Grant Funding – $194,423 Hotel Tax Fund (Budget Amendment) To cover the cost of grant payments in excess of the original contract balance. FY18 original budget for contract #18300028 between the City of College Station and CVB for grant funding was $400,000. CVB grant panel awarded and is expected to authorize $594,423 to sub- recipients in FY18. 8. Transfer of Fund Balance of West Medical District Tax Increment Reinvestment Zone No. 18 (TIRZ #18) to the General Government Projects (CIP) Fund – $916,000 (Budget Amendment and Interfund Transfer) Council voted on April 24, 2018 to dissolve the West Medical District Tax Increment Reinvestment Zone No. 18 (TIRZ #18). This item would transfer the fund balance of TIRZ #18 as of September 30, 2017 plus interest revenue earned on that balance through the end of June 2018 to the General Government Projects (CIP) Fund to apply toward the Facilities & Tech CIP for the new City Hall. 9. Budget Transfer from Spring Creek Local Government Fund to Property & Casualty Insurance Fund - $1,885 (Budget Amendment) The liability insurance for the Spring Creek Local Government Fund was not budgeted in the Property & Casualty Insurance Fund with the other liability premiums. The budget available in the Spring Creek Local Government Fund will be transferred to Property & Casualty Insurance Fund where the policy premium will be paid. 10. Budget Transfer from Hotel Occupancy Tax (HOT) Fund to General Fund - $200,000 (Interfund Transfer) This item is for the costs associated with Texas Weekend of Remembrance, which was initially budgeted in the Hotel Tax Fund. The event did not generate the minimum number of hotel room bookings of 250 to qualify for Hotel Occupancy Tax Fund funding. This amendment will 18-0592 - FY18 BA#3 09.20.19.docx be used to cover the transfer of expenditure appropriations for this event from the Hotel Occupancy Tax Fund to the General Fund Parks and Recreation Department, where the expenses were posted. 11. Medical Claims Costs in the Employee Benefits Fund - $500,000 (Budget Amendment) Due to some unusually high claims for FY18, the medical claims cost has exceeded its current budget as well as the actuarial projection for the year. This amendment will help offset the budget shortage and will come from the existing fund balance. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0594 Name:FY 19 Budget Adoption Status:Type:Presentation Agenda Ready File created:In control:8/31/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on an ordinance adopting the City of College Station 2018-2019 Budget; and presentation, possible action and discussion ratifying the property tax revenue increase reflected in the budget. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Appendix A1 - FY19 Attachment A_ IT submission 2019 Budget Ordinance Action ByDate Action ResultVer. Presentation,possible action,and discussion on an ordinance adopting the City of College Station 2018- 2019 Budget;and presentation,possible action and discussion ratifying the property tax revenue increase reflected in the budget. Recommendation(s):Staff recommends the City Council approve the ordinance adopting the proposed 2018-2019 budget with any changes the Council wishes to include.A summary of changes the City Council has discussed will be presented to the Council for consideration. Staff also recommends the City Council ratify the property tax revenue increase reflected in the budget. Summary:There are two actions in this agenda item. First is the consideration of the 2018 -2019 proposed budget.The City Council received the proposed budget on August 9,2018 and held budget workshops on August 20th,August 21st and August 22nd.The City Council held a public hearing on the proposed budget on September 13th.The charter requires that the City Council adopt a budget no later than September 27th. The City Council will need to include any proposed revisions to the budget in the motion to adopt the budget. The second action is ratification of the property tax revenue increase reflected in the budget.This action is required due to recently enacted legislation.House Bill 3195 amends the local government code to say the following: "(c)Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget.A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or other law." The proposed budget will result in additional property tax revenues over last year totaling $3,432,275 or College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0594,Version:1 8.44%. The proposed tax rate is $0.505841 per $100 assessed valuation which is a $0.08341 cent increase over the FY18 tax rate. Budgetary and Financial Summary:The following is an overall summary of the proposed budget with workshop revisions. Subtotal Operation and Maintenance:$252,279,750 Subtotal Capital: 108,400,352 Total Proposed Budget:$360,680,102 Attachments: 1.FY19 Budget Ordinance with Attachment A College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ ORDINANCE NO. Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total Scheduled Replacement/Repair/Additions Replacement Computers 260 1,000 260,000 Replacement Monitors 100 120 12,000 Replacement Printers 15 950 14,250 Replacement Copiers 50,000 Replacement Scanners 13,000 Printer replacement Parts 3,000 PC Replacement Parts (Video Cards, Hard Drive & Memory)5,000 Replacement Public Safety Mobile Data Terminals 400,000 Replacement ICE host Servers 2 23,821 47,643 Replace Exchange servers 2 17,000 34,000 Replace single server 3 7,000 21,000 Server replacement parts 10,000 Server OS replacement/upgrade 7,000 Video Surveillance Project Phase 2 and other camera additions 350,000 SQL Std 3 4,000 12,000 Replacement UPS battery/units 25,000 Estimated Additional Desktop Software 35,000 Includes but not limited to New & Upgrade versions of Adobe Acrobat, PageMaker, Photoshop Illustrator, Premier, Audition, Project, Visio, Vstudio.net, AutoCAD, Crystal, Corel Draw Computer Network Maint. and Equipment Replacement 30,000 Motorola Radio Repair/Replacement 37,000 Telephone Repair/Replacement 20,000 Fiber ring expansion 225,000 Subtotal - Scheduled Replacement 1,610,893 Service Level Adjustments Weathermatic Irrigation System - PARD 60,000 Hardware for Parks' Cityworks Implementation 25,000 Communication Infrastructure Improvements 30,000 Quarterly PCI Scans 30,000 Online Bidding System 29,700 Technology needs for new positions 7 2,500 17,500 Fiber to Lift Stations 64,000 A-5 Budget Ordinances ORDINANCE NO. Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total Subtotal - Service Level Adjustments 256,200 Unscheduled Replacements/Additions Estimated Additional Computer setups 75 1,000 75,000 not identified specifically in budget includes but not limited to: Monitor, network card, extended warranty, added memory Estimated Standard Desktop Software 20,000 not identified specifically in budget Includes but not limited to: Microsoft Office, Trend, Microsoft Windows client access license, Novell ZenWorks Estimated Additional Desktop Software 20,000 Includes but not limited to New & Upgrade versions of Adobe Acrobat, PageMaker, Photoshop Illustrator, Premier, Audition Project, Visio, Vstudio.net AutoCAD, Crystal Corel Draw, Cognos Estimated Additional Printers/Plotters 12,000 Estimated Computer misc. parts 10,000 includes: hard drives, network cards, network cards, network cables Estimated Monitor upgrades 5,000 includes: larger than standard Estimated Additional Scanners 20 800 16,000 Estimated Additional Laptops/ToughbooksAdditional Mobile Devices/Toughbook, laptops, tablets 65 1,500 97,500 Estimated Network Upgrades 20,000 Estimated Motorola Radio Repair/Replacement 15,000 Sub-Total Unscheduled Replacement/Additions 290,500 Phone System Maintenance Cisco_SmartNet Maintenance 50,000 Subtotal - Phone System Maintenance 50,000 Network Software on Master License Agreement (MLA) Microsoft Enterprise Agreement 100,000 Added Office365 and services 230,000 Diskeeper 4,500 A-5 Budget Ordinances ORDINANCE NO. Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total Voremetrics Encryption Software 5,500 Solarwinds 15,000 CommVault 40,000 VMWARE support through VMWare 38 1,200 45,600 Vcenter Support 2 1,499 2,998 ZenWorks Configuration Management - 904 nodes 11,000 ZenWorks Asset Management -904 nodes 4,700 ZenWorks Patch Management - 904 nodes 8,000 Subtotal - Network Software on MLA 467,298 PC Hardware and Software Maintenance/Subscriptions HP Printer/Plotter Maintenance 1,500 AutoCAD 17,000 Adobe Creative Suite 15,000 Barracuda Spam/Spyware 5,500 Firewall Maintenance 25,000 Aruba Maintenance 5,000 Siemens Access Control System 28,000 Subtotal - PC Software Maintenance 97,000 IBM Hardware and Software Maintenance Hardware Maintenance (2 power 7's)15,000 Power 7 Software Subscription and Support 2 9,000 18,000 Subtotal - IBM Hardware and Software Maintenance 33,000 Grand Total 2,804,891 A-5 Budget Ordinances A-1 Budget Ordinances ORDINANCE NO. _______________ AN ORDINANCE ADOPTING A BUDGET FOR THE 2018-19 FISCAL YEAR AND AUTHORIZING EXPENDITURES AS THEREIN PROVIDED. WHEREAS, a proposed budget for the fiscal year October 1, 2018, to September 30, 2019, was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the Charter of the City of College Station, Texas, notice of said hearing having first been duly given; and WHEREAS, the City Council has reviewed and amended the proposed budget and changes as approved by the City Council have been identified and their effect included in the budget; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the proposed budget as amended by the City Council of the City of College Station, which is made a part hereof to the same extent as if set forth at length herein, is hereby adopted and approved, a copy of which is on file in the Office of the City Secretary in College Station, Texas. PART 2: That authorization is hereby granted for the expenditure of the same under the respective items contained in said budget with the approved fiscal and budgetary policy statements of the City. PART 3: That the City Manager is hereby authorized to assign the City’s fund balance. The assigned fund balance includes amounts that are constrained by the government’s intent to be used for specific purposes, but are neither restricted nor committed. The City Manager may assign the fund b alance only as such assignments, unlike commitments, are not permanent and a formal action is not required for the removal of an assignment, and further, assignment of the fund balance may not result in a deficit in the unassigned fund balance. PART 4: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby authorized to approve and execute contracts and documents authorizing the payment of funds and to expend public funds for expenditures that are $100,000 or less; to approve and execute change orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original contract document or in accordance with the applicable Finance administrative procedure. The intent of this section is to provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. PART 5: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby, authorized to provide for transfers of any unexpended or unencumbered appropriation balance within each of the various departments in the General Fund and within any other fund of the City and to ORDINANCE NO. ______ Page 2 of 2 A-2 Budget Ordinances authorize transfers of Contingent Appropriations within a fund up to an amount equal to expenditures that are $100,000 or less. PART 6: That the City Council hereby approves the funding and the purchases that are made pursuant to interlocal agreements as provided by CHAPTER 271, SUBCHAPTERS (D) AND (F) of the TEXAS LOCAL GOVERNMENT CODE in this budget and authorizes the City Manager and his authorized and designated employees, at his discretion, to approve and execute contracts and documents authorizing the payment of funds, and to expend public funds that have been expressly designated, approved, and appropriated in this budget for new and replacement equipment as set out in the 2018-19 Fiscal Year Equipment Replacement Fund, and technology related hardware and software as set out in Attachment “A” to this Ordinance. PART 7: That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby authorized to approve and execute all contracts and documents authorizing the payment of funds and to expend public funds for expenditures related to the Enterprise Resource Planning (ERP) System; to approve and execute change orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original contract documents. Expenditures must be appropriated from available funds. The intent of this section is to provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. PART 8: That this Ordinance shall become effective immediately after passage and approval. PASSED AND APPROVED THIS 27th DAY OF SEPTEMBER, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0593 Name:FY19 Tax Rate Adoption Status:Type:Presentation Agenda Ready File created:In control:8/31/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion on approval of an ordinance adopting the City of College Station 2018-2019 ad valorem tax rate of $0.505841 per $100 assessed valuation, the debt service portion being $0.220339 per $100 assessed valuation and the operations and maintenance portion being $0.285502 per $100 assessed valuation. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Appendix A2 - FY19 Tax Rate Ordinance Action ByDate Action ResultVer. Presentation,possible action,and discussion on approval of an ordinance adopting the City of College Station 2018-2019 ad valorem tax rate of $0.505841 per $100 assessed valuation,the debt service portion being $0.220339 per $100 assessed valuation and the operations and maintenance portion being $0.285502 per $100 assessed valuation. Recommendation(s):Staff recommends Council adopt the effective tax rate of $0.505841 per $100 assessed valuation. Summary:On August 21st,the City Council discussed the tax rate and called two public hearings on a tax rate of $0.505841. This is a $0.08341 cent increase from the current tax rate. The tax rate must be adopted as two separate components -one for Operations and Maintenance and one for Debt Service. $0.285502 O&M $0.220339 Debt Service $0.505841 Total Tax Rate This is the tax rate that was used to prepare the proposed budget.If the City Council adopts a tax rate lower than the proposed rate, the budget will have to be amended and reduced. Current Tax Rate:$0.497500 Effective Tax Rate:$0.478968 Rollback Rate:$0.522313 Proposed Tax Rate:$0.505841 College Station, TX Printed on 9/21/2018Page 1 of 2 powered by Legistar™ File #:18-0593,Version:1 Budgetary and Financial Summary:The proposed tax rate of $0.505841 per $100 assessed valuation will generate approximately $46.4 million.The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Attachments: 1.Tax Rate Ordinance - $0.505841 per $100 assessed valuation College Station, TX Printed on 9/21/2018Page 2 of 2 powered by Legistar™ A-6 Budget Ordinances ORDINANCE NO. _____________________ AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE GENERAL DEBT SERVICE FUND FOR THE YEAR 2018-19 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of College Station, Texas, and to provide General Debt Service for the 2018-19 fiscal year upon all property, real, personal and mixed within the corporate limits of said city subject to taxation, a tax of fifty and fifty hundredths and eighty-seven thousand cents ($0.505841) on each one hundred dollar ($100.00) valuation of property, and said tax being so levied and apportioned to the specific purpose herein set forth: 1. For the maintenance and support of the general government (General Fund), twenty-two and thirty-six hundredths and ninety- nine thousandths cents ($0.285502) on each one hundred dollar ($100.00) valuation of property; and 2. For the general obligation debt service (Debt Service Fund), twenty- two and three hundredths and thirty-nine thousandths cents ($0.220339) on each one hundred dollars ($100.00) valuation of property to be used for principal and interest payments on bonds and other obligations of the fund. SECTION II. All moneys collected under this ordinance for the specific items therein named, shall be and the same are hereby appropriated and set apart for the specific purpose indicated in each item and the Assessor and Collector of Taxes and the Chief Financial Officer shall keep these accounts so as to readily and distinctly show the amount collected, the amounts expended and the amount on hand at any time, belonging to such funds. It is hereby made the duty of the Tax Assessor and Collector to deliver a statement at the time of depositing any money, showing from what source such taxes were received and to what account (General Fund or General Debt Service Fund) the funds were deposited. SECTION III. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 5.00 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8.34. SECTION IV. That this Ordinance shall take effect and be in force from and after its passage. ORDINANCE NO. _________ Page 2 of 2 A-7 Budget Ordinances PASSED AND APPROVED THIS 27th DAY OF SEPTEMBER 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0563 Name:BVSWMA Appointment Status:Type:Appointment Agenda Ready File created:In control:8/23/2018 City Council Regular On agenda:Final action:9/27/2018 Title:Presentation, possible action, and discussion regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. Sponsors:Tanya Smith Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary: Mayor Mooney currently serves as one of College Station's three appointments to the BVSWMA Board of Directors. Mayor Mooney’s term expires on September 30, 2018, requiring the Council to appoint a new director. There are no term limits if the Council chooses to re-appoint Mayor Mooney to the Board. Budget & Financial Summary: None Attachments: None College Station, TX Printed on 9/21/2018Page 1 of 1 powered by Legistar™