HomeMy WebLinkAbout09/12/2019 - 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 12, 2019
1. Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.
Speaker Protocol: An individual who wishes to address the City Council regarding any item
on the Regular Agenda shall register with the City Secretary prior to the meeting being
called to order. Registration forms are available in the Office of the City Secretary and in
the lobby. 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 (3) minutes. An individual speaking on multiple
Consent Agenda items must speak on all items when the speaker is called to the podium .
Speakers on multiple Consent Agenda items will have three (3) minutes to speak on the first
item and one (1) additional minute to speak per each additional item regardless of the
number of items they wish to address. Any speaker addressing the Council through the use
of a translator may speak for six (6) minutes, and in the case of Consent Agenda items an
additional two (2) minutes per item. An individual may speak for ten (10) minutes on behalf
of a group of five (5) or more. The five (5) or more individuals must sign the registration
form and must be present when the speaker is introduced. Those signing may not speak
individually. 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 each speaker ’s remarks a timer light will change from green to
yellow when there is thirty seconds remaining. The speaker must conclude their remarks
when the timer light changes from yellow to red.
Presentation
Presentation proclaiming September 17th through 23rd as Constitution Week.
Hear Visitors
During Hear Visitors an individual may address the City Council on any item which does
not appear on the posted agenda. 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 concern shall be directed to the City Manager.
Consent Agenda
During the Consent Agenda an individual may address the City Council on any Consent
Agenda item.
Page 1 College Station, TX Printed on 9/6/2019
September 12, 2019City Council Regular Meeting Agenda - Final
2. Presentation, discussion, and possible action on 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.
Presentation, discussion, and possible action on minutes for:
• August 22, 2019 Workshop
• August 22, 2019 Regular
19-04712a.
Sponsors:Smith
WKSHP082219 DRAFT Minutes
RM082219 DRAFT Minutes
Attachments:
Presentation, discussion and possible approval of an ordinance
entering into a Participation Agreement for Constructing Public
Infrastructure between Grand Jr ., LLC, an Idaho limited liability
company authorized to do business in Texas and the City of College
Station, Texas for a total amount of City participation not to exceed
$208,851 excluding fixed fees.
19-04252b.
Sponsors:Ruiz
Infrastructure Agreement (signed by Gregg).pdf
Ordinance
Attachments:
Presentation, discussion, and possible action regarding approval of the
following documents relating to the Block 6, Lots 1R & 2-5 Property
Owners Association located within The Business Center at College
Station:
i. Certification of Formation, including identifying the initial board
of director members as the City Manager, the Director of Economic
Development and the Director of Planning and Development.
ii. By laws
iii. Declaration of Restrictive Covenants
19-04262c.
Sponsors:Ruiz
Certificate of Formation
Bylaws
Declaration Restrictions
Attachments:
Presentation, discussion, and possible action to authorize expenditure
of funds for FY 2020 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.
19-04312d.
Sponsors:Leonard
Page 2 College Station, TX Printed on 9/6/2019
September 12, 2019City Council Regular Meeting Agenda - Final
2020 Exemptions List Over $100KAttachments:
Presentation, discussion, and possible action on an ordinance to
approve a negotiated settlement agreement between the Atmos Cities
Steering Committee (ACSC) and Atmos Energy Corp ., Mid-Tex
Division, regarding the company's 2019 rate review mechanism filings
with attached rate tariffs and proof of revenues.
19-04552e.
Sponsors:Piscacek
1 - Ordinance & Exhibits - Settlement Between ACSC and Atmos Energy Mid-Tex.pdf
2 - Staff Report with Attachments.pdf
3 - RRM FAQ 2019.pdf
Attachments:
Presentation, discussion, and possible action on an ordinance
amending Chapter 38, "Traffic and Vehicles," Article II "Stopping,
Standing and Parking," Division 3 "Northgate Area," Section 38-109
"Violations" of the Code of Ordinances by amending certain sections
relating to the Northgate Parking Garage Gate.
19-04572f.
Sponsors:Eller
Proposed Amendment - CH 38 Art II Div 3 Sec 38-109 NG Park GateAttachments:
Presentation, discussion, and possible action regarding the approval of
the annual price agreement for Auto Heavy Truck Paint and Body
Repairs to Corn’s Collision Center, Inc. for an amount not to exceed
$120,000 annually, for a total possible contract award of $600,000 and
the rejection of bids received in response to Invitation to Bid (ITB)
#19-051 and rejection of contract 19300569.
19-04692g.
Sponsors:Harmon
19-088 Bid TabAttachments:
Presentation, discussion, and possible action on an Interlocal
Agreement (ILA) with Brazos County and the City of Bryan to apply
and accept a U.S. Department of Justice 2019 Justice Assistance
Grant (JAG).
19-04622h.
Sponsors:McCollum
ILA - 2019 Byrne Memorial JAG AwardAttachments:
Presentation, discussion, and possible action on the consideration of
an ordinance amending Chapter 38, "Traffic and Vehicles," Articles
VI, "Traffic Schedules," Section 38-1002 "Traffic Schedule II, Four
Way Stop Intersections," of the Code of Ordinances of the City of
College Station, Texas by implementing a four -way stop intersection at
Church Avenue East and West Bound at Second Street and the Public
Way of the Northgate Surface Parking Lot.
19-04812i.
Page 3 College Station, TX Printed on 9/6/2019
September 12, 2019City Council Regular Meeting Agenda - Final
Sponsors:Eller
1. Proposed Amendment - Chap 38 Sec 38 -1002
2. Location Map
Attachments:
Presentation, discussion, and possible action regarding renewal of
contracts from Bid #18-114 for prefabricated signs and sign blanks in
the amount of $54,224.50 with Vulcan Signs and for posts and
hardware in the amount of $61,585.00 with Dobie Supply.
19-04842j.
Sponsors:Harmon
Contract Renewal Dobie Supply - Signed 070919
Contract Renewal Vulcan Inc-Signed 070219
Attachments:
Regular Agenda
During the Regular Agenda an individual may address the City Council on any Regular
Agenda item including those items not posted for a Public Hearing. For those items posted
for a Public Hearing, if the City 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.
Public Hearing, presentation, discussion, and possible action on the
City of College Station FY2019-2020 Proposed Budget.
19-04451.
Sponsors:Leonard
Public Hearing, presentation, discussion, and possible action on the
City of College Station 2020 advertised ad valorem tax rate of
$0.534618 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.
19-04472.
Sponsors:Leonard
Public Hearing, presentation, discussion, and possible action
regarding an ordinance amending Appendix A, “Unified Development
Ordinance,” Article 4, Zoning Districts,” Section 4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas
by changing the zoning district boundaries from R Rural to RS
Restricted Suburban, GC General Commercial, O Office, and NAP
Natural Areas Protected for approximately 210 acres generally located
at the intersection of Rock Prairie Road and William D. Fitch Parkway.
19-04743.
Sponsors:Hovde
Page 4 College Station, TX Printed on 9/6/2019
September 12, 2019City Council Regular Meeting Agenda - Final
Ordinance
Background Information
Vicinity Map, Aerial, & Small Area Map
Applicant's Supporting Information
Rezoning Exhibit
Rezoning Map
Attachments:
Public Hearing, presentation, discussion, and possible action
regarding an ordinance amending the Comprehensive Plan - Future
Land Use and Character Map from Suburban Commercial and Natural
Areas Reserved to General Commercial, Urban, and Natural Areas
Reserved for approximately 8.7 acres of land located at 2709 Texas
Avenue South.
19-04754.
Sponsors:Constantino
Vicinity Map, Aerial, & Small Area Map
Background Information
Comprehensive Plan Exhibit
Application
Ordinance
Attachments:
Public Hearing, presentation, discussion, and possible action
regarding an ordinance amending the Comprehensive Plan - Future
Land Use and Character Map from Natural Areas Reserved to General
Commercial for approximately 1.3 acres of land located at 3030
University Drive East.
19-04765.
Sponsors:Constantino
Vicinity, Aerial, and SAM
Background Information
Comprehensive Plan Exhibit
Ordinance
Attachments:
Public Hearing, presentation, discussion, and possible action
regarding an ordinance amending Appendix A, “Unified Development
Ordinance,” Article 4, Zoning Districts,” Section 4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas
by changing the zoning district boundaries from M -1 Light Industrial to
GC General Commercial for approximately 1.3 acres of land generally
located at 3030 University Drive East.
19-04796.
Sponsors:Constantino
Page 5 College Station, TX Printed on 9/6/2019
September 12, 2019City Council Regular Meeting Agenda - Final
Background Information
Vicinity, Aerial, and SAM
Rezoning Exhibit
Application
Ordinance
Attachments:
7.Presentation, discussion, and possible action 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.
8. 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 6, 2019 at 5:00 p.m.
_____________________
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 6 College Station, TX Printed on 9/6/2019
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0471 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:8/26/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action on minutes for:
• August 22, 2019 Workshop
• August 22, 2019 Regular
Sponsors:Tanya Smith
Indexes:
Code sections:
Attachments:WKSHP082219 DRAFT Minutes
RM082219 DRAFT Minutes
Action ByDate Action ResultVer.
Presentation, discussion, and possible action on minutes for:
• August 22, 2019 Workshop
• August 22, 2019 Regular
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): Approval
Summary:N/A
Budget & Financial Summary: None
Attachments:
• August 22, 2019 Workshop
• August 22, 2019 Regular
College Station, TX Printed on 9/6/2019Page 1 of 1
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WKSHP082219 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
AUGUST 22, 2019
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick
Jerome Rektorik
Linda Harvell
Elianor Vessali
John Nichols
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Jeff Kersten, Assistant City Manager
Carla Robinson, City Attorney
Ian Whittenton, Deputy City Secretary
Yvette Dela Torre, Deputy Local Registrar
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 4:00 p.m. on Thursday, August 22, 2019 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, §551.072-
Real Estate, §551.074-Personnel, and §551.087-Economic Incentive Negotiations, the College
Station City Council convened into Executive Session at 4:01 p.m. on Thursday, August 22, 2019
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
WKSHP082219 Minutes Page 2
Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District
Court, Brazos County, Texas
B. Consultation with attorney to receive legal advice; to wit:
Legal advice concerning House Bill 2840 requiring certain governmental bodies to allow
the public to speak on any open meeting agenda item.
C. Deliberation on the purchase, exchange, lease, or value of real property; to wit:
Property located generally northwest of the vicinity of Sandy Point Road and Old San
Antonio Road (OSR) in Brazos County, Texas.
Property located generally northeast of the intersection of Harvey Road and the entrance
to Veterans Park and Athletic Complex.
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
Council Self-Evaluation
City Manager
E. C. Deliberation on an offer of financial or other incentives for a business prospect that the
Council seeks to have locate, stay or expand in or near the City; to wit:
Economic incentives for a project located generally in the area northeast of the intersection
of Raymond Stotzer Parkway and Highway 47 in College Station.
Executive Session recessed at 5:32 p.m.
3. Reconvene from Executive Session and take action, if any.
No vote or action was taken in Executive Session.
4. Presentation, possible action and discussion on items listed on the consent agenda.
No items were pulled.
5. Presentation, discussion, and possible action regarding a recap of the 2019 Texas Weekend
of Remembrance event.
David Schmitz, Parks and Recreation Director, introduced Gene Ballew, Parks and Recreation
Athletics and Tourism Manager to give this presentation.
Gene Ballew, Parks and Recreation Athletics and Tourism Manager, presented an overview of the
2019 Texas Weekend of Remembrance event held on Memorial Day weekend. The event included
an adult softball and youth 7 on 7 tournament from Friday through Sunday, and military static
displays were on site throughout the weekend. He stated that a memorial ceremony and concert
were hosted on Saturday, which included a gold star family representative, rifle salute, and taps.
On Sunday the City hosted a run and breakfast with the chaplain at the American Pavilion.
He went on to state that the overall budget for this event was $72,000 and the actual cost was
$68,485. Of this total cost approximately $35,000 was financed by the city and $33,000 came
from Hotel Occupancy Tax (HOT) funds.
WKSHP082219 Minutes Page 3
A consensus of Council directed staff to analyze this year’s Texas Weekend of Remembrance and
continue to work towards developing a “Signature Event” for the city.
6. Presentation, discussion, and possible action regarding the 2020 Census and the Complete
Count Committee.
Alaina Chafin, Planning and Development, introduced Dan Rudge, Executive Director of the BCS
Metropolitan Planning Organization, to provide the council with an updated related to the 2020
Census and the formation of the Complete Count Committee.
Dan Rudge, Executive Director of the BCS Metropolitan Planning Organization, stated that the
upcoming census date is April 1, 2020 and all questions have been finalized. He explained that all
citizens should be counted where they live on the census date, this includes students who are
counted at the on-campus or off-campus residence where they live and sleep most of the time. The
location a student is counted at is important because census data determines the distribution of
federal funds; which would total $43,334,650,874 for Texas alone. Using data from the 2010
census projections for 2020 indicate a lower response rate in areas with a high student population
in College Station and Bryan. To improve this response rate the Census Bureau is taking action
but follow up will not occur until June and is likely to miss most of the student population.
At the local level the Census Bureau allows the formation of an informal Census Task Force and
a formal Complete Count Committee to increase the response rate. He stated that the Brazos
Valley Chamber of Commerce could take the lead on the formation of a Brazos County Complete
Count Committee (BCCCC). The committee would develop a message to encourage participation,
distribute marketing and promotional materials, speak to community groups, and perform outreach
to local media, and allow citizen questions to be answered locally.
Council indicated support for the formation of a Brazos County Complete Count Committee.
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, Architectural Advisory
Committee, 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, Brazos Valley Economic Development Corporation, Bryan/College Station
Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS,
Compensation and Benefits Committee, Comprehensive Plan Evaluation 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 and Recreation Board, Planning and Zoning
Commission, Research Valley Technology Council, Regional Transportation Committee for
Council of Governments, Sister Cities Association, Spring Creek Local Government
Corporation, Transportation and Mobility Committee, TAMU Economic Development,
WKSHP082219 Minutes Page 4
TAMU Student Senate, Texas Municipal League, Twin City Endowment, Walk with the
Mayor, YMCA, Youth Advisory Council, Zoning Board of Adjustments, (Notice of Agendas
posted on City Hall bulletin board).
No reports were given.
9. Adjournment
There being no further business, Mayor Mooney adjourned the workshop of the College Station
City Council at 6:21 p.m. on Thursday, August 22, 2019.
________________________
Karl Mooney, Mayor
ATTEST:
_______________________
Tanya Smith, City Secretary
RM0082219 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
AUGUST 22, 2019
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick
Jerome Rektorik
Linda Harvell
Elianor Vessali
John Nichols
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Jeff Kersten, Assistant City Manager
Carla Robinson, City Attorney
Ian Whittenton, Deputy City Secretary
Yvette Dela Torre, Deputy Local Registrar
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to order
by Mayor Mooney at 6:31 p.m. on Thursday, August 22, 2019 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.
Hear Visitors Comments
Elianor Vessali, College Station, came before Council to honor the service and sacrifice of Army
Capt. Blake H. Russell.
David Higdon, Emerald Forest, came before Council to complement the staff and Council on their
efforts to provide access to information and seek public input. He also wanted to urge early
compliance as the upcoming census will certify the city population is over 100,000 and thus require
increased reporting on the finances of elected and appointed officials.
Jorge Sanchez, Woodland Hills, came before Council to highlight the American Anti-Corruption
Act and urge council to adopt its policies.
RM0082219 Minutes Page 2
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
August 8, 2019 Workshop Meeting
August 8, 2019 Regular Meeting
August 12, 2019 Budget Meeting
August 13, 2019 Budget Meeting
August 14, 2019 Budget Meeting
2b. Presentation, discussion, and possible action on a contract with Invoke, LLC not to exceed
$888,946.48 for Microsoft products and services for the Microsoft Office 365 project
implementation, training and software licenses for three years.
2c. Presentation, discussion, and possible action regarding awarding a contract for Annual
Padmount Equipment Repair and Restoration to Utility Restoration Services Inc. in the
amount of $321,644.66.
2d. Presentation, discussion, and possible action regarding the award of a contract to
TransGard, LLC for the purchase, delivery and installation of animal control fencing at five
(5) electric substations for a not to exceed amount of $256,750.
2e. Presentation, discussion, and possible action regarding Ordinance No. 2019-4115
amendment to Chapter 8, “Businesses,” Article IV, “Gravediggers,” Division 2 “License,”
Section 8-145 “Application,” and Section 8-146 “Requirements and Qualifications,” of the
Code of Ordinances of the City of College Station, Texas, by amending certain sections relating
to Gravediggers License; providing a severability clause; declaring a penalty; and providing
an effective date.
2f. Presentation, discussion, and possible action to ratify and approve the renewal of the letter
agreement for Professional Auditing Services with BKD, LLP for an amount not to exceed
$89,390.
2g. Presentation, discussion, and possible action regarding approval of the renewal of the
City’s annual blanket orders for electric meters and sockets with estimated annual
expenditures of: Anixter Inc., $37,952; Priester Mell & Nicholson, $164,363 and for Texas
Electric Cooperative for $22,230. The total recommended renewal is for an amount not to
exceed $224,545.
2h. Presentation, discussion, and possible action regarding Resolution No. 08-22-19-2h in
support of the 2020 U.S. Census.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Brick, 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, discussion, and possible action on the City of College Station
2020 advertised ad valorem tax rate of $0.534618 per $100 valuation resulting in an increase
RM0082219 Minutes Page 3
in tax revenues. Also discussion and possible action on announcing the meeting date, time and
place to adopt the tax rate.
Mary Ellen Leonard, Finance Director, presented the first of two public hearings on the tax rate. The
proposed tax rate of 53.4618 cents per $100 assessed valuation will generate $51,722,744 in taxes.
The certified property valuation totaled $10.0 billion, which is a total increase of $492 million or
approximately a 4.93% increase in value over last year. The effective tax rate is 49.5757 cents per
$100 assessed valuation. The current tax rate is 50.58 cents per $100 assessed valuation, and the
proposed tax rate is 53.4618 cents per $100 assessed valuation. If adopted, the proposed tax rate
per $100 of assessed valuation would be 53.4618 cents and would provide 22.1444 cents for debt
service and 31.3174 cents for operations and maintenance. This tax rate meets the Debt Service
requirements, and funds the proposed General Fund budget. The FY20 Budget reflects a 2.8777
cent per $100 assessed valuation. The proposed FY20 budget is $341 million, this is $19.7 million
below last year’s due to the timing of capital project appropriations.
At approximately 6:53 p.m., Mayor Mooney opened the Public Hearing.
Jorge Sanchez, Woodland Hills, came before Council to urge Council to consider a more efficient
tax system that encourages increased density of housing and decreases urban sprawl.
Mike Lee, Castle Gate, came before Council representing a group of citizens to oppose the proposed
tax rate. He believes that this increase is a burden to the citizens and the City does not have a plan
to address current and future needs without raising taxes.
Holt Carlo, Edelweiss Gartens, came before Council to question the need for more police officers
when College Station is among the safest municipalities in Texas.
Brien Smith, College Station, came before council to oppose the proposed tax rate as increased taxes,
which cause citizens to prioritize taxes over personal expenditures.
There being no comments, the Public Hearing was closed at 7:14 p.m.
Mayor Mooney announced that the Council will vote on the tax rate on Thursday, September 26,
2019 at 6:00 p.m. in City Council Chambers at City Hall.
2. Public Hearing, presentation, discussion and possible action regarding approval of a
Strategic Partnership Agreement between the City and Brazos County Municipal Utility
District No.2.
Jennifer Prochazka, Planning and Development Director, stated that this is the second of two public
hearings required before approving the Strategic Partnership Agreement (SPA) with Brazos County
MUD No. 2. The SPA outlines conditions for annexation of the District and limited purpose
annexation of commercial land. The first Public Hearing is was held during the July 25, 2019 City
Council Meeting.
At approximately 7:16 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:16 p.m.
RM0082219 Minutes Page 4
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve a Strategic
Partnership Agreement between the City and Brazos County Municipal Utility District No. 2. The
motion carried unanimously.
3. Presentation, discussion, and possible action regarding approval of a contract granting
Community Development Partnership Grant (CDBG) funds to Elder-Aid, Inc. in the amount
of $463,026 for the purchase and rehabilitation costs related to the creation of four affordable
rental units located at 3312-3314 Normand and 3337-3339 Longleaf.
Debbie Eller, Director of Community Services, stated that the City of College Station annually
receives the Community Development Block Grant (CDBG) from the U. S. Department of Housing
and Urban Development. CDBG funds are utilized to address the growing need for more affordable,
decent housing units, create a suitable living environment, and expanded economic opportunities,
principally for low and moderate income residents. RFP 19-080 was released on June 11, 2019 to
seek proposals for the development of affordable housing.
Two responses were received to the RFP, including a proposal from Elder-Aid, Inc. Currently Elder-
Aid, Inc. has a rental program that includes ownership and management of multiple properties that
provide affordable rental opportunities for seniors. This proposal includes the expansion their current
rental program to two duplexes located at 3312-3314 Normand and 3337-3339 Longleaf. This
contract will grant funds to Elder-Aid, Inc. in the amount of $463,026.00. With these funds they
will acquire and rehabilitate two duplexes located at 3312-3314 Normand and 3337-3339 Longleaf,
making them available for lease to income-eligible senior households.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve a contract granting
Community Development Partnership Grant (CDBG) funds to Elder-Aid, Inc. in the amount of
$463,026 for the purchase and rehabilitation costs related to the creation of four affordable rental
units located at 3312-3314 Normand and 3337-3339 Longleaf. The motion carried unanimously.
4. 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.
Councilmember Vessali requested a future agenda item to discuss how annexation laws have
changed and the impact on city planning.
5. Adjournment.
There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council
at 7:32 p.m. on Thursday, August 22, 2019.
RM0082219 Minutes Page 5
________________________
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:219-0425 Name:
Status:Type:Presentation Consent Agenda
File created:In control:8/6/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion and possible approval of an ordinance entering into a Participation
Agreement for Constructing Public Infrastructure between Grand Jr., LLC, an Idaho limited liability
company authorized to do business in Texas and the City of College Station, Texas for a total amount
of City participation not to exceed $208,851 excluding fixed fees.
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:Infrastructure Agreement (signed by Gregg).pdf
Ordinance
Action ByDate Action ResultVer.
Presentation, discussion and possible approval of an ordinance entering into a Participation
Agreement for Constructing Public Infrastructure between Grand Jr., LLC,an Idaho limited liability
company authorized to do business in Texas and the City of College Station, Texas for a total
amount of City participation not to exceed $208,851 excluding fixed fees.
Relationship to Strategic Goals: (Select all that apply)
·Core Services and Infrastructure
·Diverse Growing Economy
Recommendation(s): Staff recommends approval of the agreement.
Summary: The purpose of this participation agreement is to prepare Block 6 of the Business Center
at College Station, Phase II for future development. In order to subdivide the original 30 acre lot into
5 smaller lots, additional infrastructure is required including regional detention, sidewalks, shared
driveway access and sanitary sewer. The City is currently under contract to sell approximately 7
acres which is Lot 5, Block 6. The agreement further details the cost sharing of infrastrucuture
outlined in the real estate contract. In general, the shared infrastructure will be designed by the City
of College Station to current standards and requirements. Grand Jr., LLC will construct the shared
infrastructure and the City will reimburse for our portion once the items are complete, inspected and
accepted. Shared infrastructure includes:
(1) Shared Detention Pond - Estimated design and construction cost of $110,370. Seller will pay for
70% and buyer will pay for 30%.
(2) Sidewalks on Lots 4 & 5 - Estimated design and construction cost of $26,850. Seller will pay for
Lot 4 and buyer will pay for Lot 5.
(3) Shared Access on Lakeway Drive - Estimated design and construction cost of $86,500. Seller
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will pay 60% and buyer will pay 40%.
(4) Sanitary Sewer Line Extension - Estimated design and construction cost of $132,350. Seller will
pay 70% and buyer will pay 30%.
Shared infrastructure costs total approximately $356,070, of which the City (Seller) will pay $179,364
and Grand Jr., LLC (Buyer) will pay $176,706.
Budget & Financial Summary: The City's portion of shared infrastructure costs will be funded by
proceeds from the sale of Lot 5, Block 6.
Legal Review: Yes.
Attachments:
Participation Agreement
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ORDINANCE NO._______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE
CITY AND GRAND JR, LLC FOR THE DEVELOPMENT OF BLOCK 6 OF THE
BUSINESS CENTER AT COLLEGE STATION, PHASE II AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, Grand Jr, LLC is a developer developing a light industrial facility on Lot 5, Block 6
of the Business Center at College Station, Phase II; and
WHEREAS, as part of said development, the construction of certain public infrastructure is
required; and
WHEREAS, pursuant to Section 212.071 et seq. Texas Local Government Code the City of
College Station and the developer have agreed to jointly participate in the construction of certain
public infrastructure and certain site-specific infrastructure serving tracts to be owned separately
by developer and by the City to wit: Block 6 of the Business Center at College Station, Phase II
to serve Lots 1R and 2-5 of Block 6 Project (“Project”) as further set forth in a Participation
Agreement; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds it to be in the best interests of its citizens
to enter into that one certain Participation Agreement with Grand Jr, LLC
for the construction of Block 6 of the Business Center of College Station,
Phase II Project. A copy of said Participation Agreement is attached as
Exhibit “A” and incorporated herein by reference.
PART 2: That the City Council hereby approves the contract with Grand Jr, LLC
obligating the CITY to pay a maximum of $ $208,851 (does not include
fixed fee or cost of insurance & bonds) out of a total estimated amount of
$389,232 (does not include fixed fee or cost of insurance & bonds) for the
labor, materials and equipment required for the improvements related the
Block 6 of the Business Center at College Station, Phase, II Project.
PART 3: That the funding for this Contract shall be as budgeted from the proceeds of
the sale of Lot 5, Block 6 of the Business Center at College Station, Phase
II, in the amount of $208,851 excluding fixed fees or other amounts
explicitly set forth in the Participation Agreement.
PART 4: That this ordinance shall take effect immediately from and after its passage.
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ADOPTED this 12th day of September, A.D. 2019.
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:219-0426 Name:
Status:Type:Contract Consent Agenda
File created:In control:8/6/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action regarding approval of the following documents relating
to the Block 6, Lots 1R & 2-5 Property Owners Association located within The Business Center at
College Station:
i. Certification of Formation, including identifying the initial board of director members as the
City Manager, the Director of Economic Development and the Director of Planning and Development.
ii. By laws
iii. Declaration of Restrictive Covenants
Sponsors:Natalie Ruiz
Indexes:
Code sections:
Attachments:Certificate of Formation
Bylaws
Declaration Restrictions
Action ByDate Action ResultVer.
Presentation, discussion, and possible action regarding approval of the following documents relating
to the Block 6, Lots 1R & 2-5 Property Owners Association located within The Business Center at
College Station:
i. Certification of Formation, including identifying the initial board of director members as the
City Manager, the Director of Economic Development and the Director of Planning and
Development.
ii. By laws
iii. Declaration of Restrictive Covenants
Relationship to Strategic Goals: (Select all that apply)
·Diverse Growing Economy
Recommendation: Staff recommends approval of the property owners association and the attached
related documents.
Summary: The purpose of this series of documents is to establish a property owners association for
maintenance of infrastructure within the initial 30 acre tract known as Lot 1, Block 6 of the Business
Center of College Station.
The initial board of director members will be the City Manager, the Director of Economic
Development and the Director of Planning and Development Services. The owners of the lots within
Block 6 will maintain the site-specific infrastructure such as shared driveways and detention ponds.
Upon final development and the sale of all lots, the City-appointed directors will no longer serve in
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this capacity. Instead, the individual lot owners will serve as the Board of Directors responsible for
overseeing the enforcement of restrictions and maintenance of shared infrastructure.
Budget & Financial Summary: There is a real estate contract for approximately 7.2 acres known as
Lot 5, Block 6. Currently the City owns the entire 30 acre tract known as Block 6. The City is actively
marketing the remaining property for sale. Until the property is sold, the City will participate in the
shared maintenance of improvements within the block. The POA provides for this maintenance
responsibility to be required of future buyers.
Legal Review: Yes
Attachments:
Certificate of Formation
By Laws
Declaration of Restrictive Covenants
College Station, TX Printed on 9/6/2019Page 2 of 2
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01195384;1 1
Certificate of Formation of The Business Center at College Station, Phase
Two, Block 6, Lots 1R & 2-5,
a Texas Nonprofit Corporation
1. Name. The name of the corporation is The Business Center at College Station,
Phase Two, Block 6, Lots 1R & 2-5 Property Owners Association.
2. Type of Filing Entity. The type of filing entity being formed is a nonprofit
corporation.
3. Purpose. The purpose for which the filing entity is formed is to be the property
owners association under the Declaration of Restrictive Covenants of The Business Center at
College Station, Phase Two, Block 6, Lots 1R & 2-5 subdivision.
4. Period of Duration. The period of duration of the filing entity is perpetual.
5. Initial Registered Office. The street address of the initial registered office of the
filing entity and the name of its initial registered agent at that address are:
Name: College Station City Clerk
Office of the College Station City Clerk
1101 Texas Ave.
College Station, TX 77840
6. Organizer. The name and address of the organizer for the filing entity are:
Name: The City of College Station, Texas
Attn.: City Manager
1101 Texas Ave.
College Station, TX 77840
7. Members. The filing entity will be composed of Members.
8. Initial Board of Directors. The initial board of directors will have three (3)
members appointed by the City Council of the City of College Station, Texas (“Declarant”),
consisting of the City Manager, the Director of Economic Development and the Director of
Planning and Development.
9. Meetings. Any action that may be taken at a Members’ or board of directors’
meeting may be taken without a meeting by written consent setting forth the action taken signed
by a sufficient number of Members or of the board of directors as would be necessary to take that
action at a meeting.
Signed on _____________________________, 2019.
01195384;1 2
City of College Station, Texas
By: _________________________________
Name:_______________________________
Title:________________________________
01195382;1 1
Bylaws of The Business Center at College Station,
Phase Two, Block 6, Lots 1R & 2-5 Property Owners Association.
Basic Information
Property Owners
Association:
The Business Center at College Station, Phase Two, Block 6, Lots 1R & 2-5
Property Owners Association, a Texas non-profit corporation, established
by the certificate of formation filed with the Texas secretary of state on
____________, 2019 under file number _______________.
Principal Office:
1101 Texas Ave. College Station, Texas 77840, Attn. City Manager. The
Property Owners Association may have other offices.
Declaration: The Declaration of Restrictive Covenants of The Business Center at College
Station, Phase Two, Block 6, Lots 1R & 2-5 Subdivision, recorded in the
real property records of Brazos County, Texas.
Definitions: Capitalized terms used but not defined herein have the meaning set forth in
the Declaration.
Voting Members: Members entitled to vote or their proxies. Any Member delinquent in
payment of any Assessment is not a Voting Member.
A. Members
A.1. Membership. Every Owner is a Member of the Property Owners Association.
Membership is appurtenant to and may not be separated from ownership of a Lot. The Property
Owners Association has two classes of Voting Members:
A.1.a. Class A. Class A Members are all Owners, other than Declarant. Class A
Members have one vote per Lot. When more than one person is an Owner, each is a Class A
Member, but only one vote may be cast for a Lot.
A.1.b. Class B. The Class B Member, consisting of the Declarant, has two votes for
each Lot owned. The Class B membership ceases and converts to Class A membership at the
annual Members meeting which immediately follows the date on which the Declarant owns no
more than two Lots in the Subdivision or _____________, 20 ___, whichever occurs first.
A.2. Place of Meeting. Members meetings will be held at the Property Owners
Association’s Principal Office or at another place designated by the Board.
A.3. Annual Meetings. The first Members meeting will be held within 12 months
after the formation of the Property Owners Association. Subsequent regular annual Members
meetings will be held on the first Tuesday in June.
01195382;1 2
A.4. Special Meetings. The president may call special meetings. The president must
call a special meeting if directed by the Board or by a petition signed by at least 50% of the
Voting Members.
A.5. Notice of Meetings, Election, and Vote. Written notice stating the place, day, and
hour of each Members meeting, other than a reconvened meeting, must be given to each Member
not less than ten nor more than sixty days before the meeting. For voting not at a meeting, notice
must be given not later than the twentieth day before the latest day on which a ballot may be
submitted to be counted. The special Members meeting notices must also state the meeting’s
purpose, and no business may be conducted except as stated in the notice. Notice to a Member
must state the purpose of an association-wide election or vote and is deemed given when hand
delivered or mailed. If mailed, notice is deemed given (whether actually received or not) when
deposited with the United States Postal Service, postage prepaid.
A.6. Waiver of Notice. A Member may, in writing, waive notice of a meeting.
Attendance at a meeting is a waiver of notice of the meeting, unless the Member objects to lack
of notice when the meeting is called to order.
A.7. Quorum. A majority of the Voting Members is a quorum. If a Members meeting
cannot be held because a quorum is not present, a majority of the Voting Members who are
present may adjourn the meeting. At the reconvened meeting, a majority of the Voting Members
present in person and by written proxy is a quorum. Written notice of the place, date, and hour of
each reconvened meeting must be given to each Member not more than 10 nor less than 30 days
before the reconvened meeting.
A.8. Majority Vote. Voting by Members may be at a meeting or outside of a meeting.
Voting must be as required by law. Votes representing more than 50 percent of the Voting
Members present at a meeting at which a quorum is present are a majority vote.
A.9. Proxies. Voting Members may vote by written proxy.
A.10. Conduct of Meetings. The president will preside over Members meetings. The
secretary will keep minutes of the meetings and will record in a minutes book the votes of the
members.
B. Board
B.1. Governing Body; Composition. The affairs of the Property Owners Association
are governed by the Board. Each director has one vote. The initial Board is composed of the
directors appointed in the certificate of formation. Each director must be a Member or, in the
case of an entity Member, a person designated in writing to the secretary.
B.2. Number of Directors. The Board consists of three directors. The Board may
change the number of directors. No decrease may shorten the term of a director.
B.3. Term of Office. The initial directors will serve as the board of directors until the
annual meeting of Members immediately following the date on which the City of College
01195382;1 3
Station, Texas (“Declarant”) owns no more than two Lots in the Subdivision or _____________,
20 ___, whichever occurs first. After that date, the members of the Board will be elected by the
Members in accordance with these bylaws.
B.4. Election. At the annual meeting of Members described in Section B.3. the
Voting Members will elect directors to succeed the initial directors. At subsequent annual
Members meetings, successors for each director whose term is expiring will be elected.
Cumulative voting is prohibited. The candidate or candidates receiving the most votes will be
elected. The directors elected by the Voting Members will hold office until their respective
successors have been elected.
B.5. Removal of Directors and Vacancies
B.5.a. Removal by Members. Any director may be removed, with or without cause, by
a majority of the Voting Members. Any director whose removal is sought will be given notice of
the proposed removal.
B.5.b. Removal by Board. Any director may be removed at a Board meeting if the
director—
i. failed to attend two consecutive Board meetings;
ii. failed to attend 20% percent of Board meetings within one year;
iii. is delinquent in the payment of any Assessment for more than 60 days; or
iv. is the subject of an enforcement action by the Property Owners
Association for violation of the Dedicatory Instruments.
B.5.c. Vacancies. A director’s position becomes vacant if the director dies, becomes
incapacitated, resigns, or is no longer a Member.
B.5.d. Successors. If a director is removed or a vacancy exists, a successor will be
elected by the remaining directors for the remainder of the term.
B.6. Compensation. Directors will not receive compensation. A director may be
reimbursed for expenses approved by the Board.
B.7. Powers. The Board has all powers necessary to administer the Property Owners
Association’s affairs.
B.8. Management. The Board may employ a managing agent. Declarant, or an
affiliate of Declarant, may be the managing agent.
B.9. Accounts and Reports. Accounting and controls must conform to good
accounting practices. Accounts will not be commingled with accounts of other persons. The
following financial reports will be prepared at least annually:
01195382;1 4
B.9.a. An income statement reflecting all income and expense activity for the preceding
period.
B.9.b. A statement reflecting all cash receipts and disbursements for the preceding
period.
B.9.c. A variance report reflecting the status of all accounts in an “actual” versus
“approved” budget format.
B.9.d. A balance sheet as of the last day of the preceding period.
B.9.e. A delinquency report listing all Owners who are delinquent by more than thirty
(30)days in paying any Assessment and describing the status of any action to collect those
delinquent Assessments.
B.10. Borrowing. The Board may borrow money to maintain, repair, or restore the
Common Area without the approval of the Members. If approved in advance by the Members in
the same manner as approving a Special Assessment, the Board may borrow money for any other
purpose.
B.11. Rights of Association. With respect to the Common Area, and in accordance
with the Declaration, the Property Owners Association will have the right to contract with any
person for the performance of various duties and functions. Such agreements require the
approval of the Board.
B.12. Enforcement Procedures
B.12.a. Notice. Before the Board may (i) suspend an Owner’s right to use a
Common Area, (ii) file a suit against an Owner other than a suit to collect any Assessment, (iii)
foreclose the Property Owners Association’s lien, (iv) charge an Owner for property damage, or
(v) levy a fine for a violation of the Dedicatory Instruments, the Property Owners Association or
its agent must give written notice to the Owner as required or permitted by law. The notice must
describe the violation or property damage that is the basis for the suspension action, charge, or
fine and state any amount due the Property Owners Association from the Owner. The notice
must also (i) inform the Owner that if the violation is curable and does not pose a threat to public
health or safety, which means it could not materially affect the health or safety of an ordinary
resident, the Owner is entitled to a reasonable period to cure the violation and avoid the fine or
suspension unless the Owner was given notice and a reasonable opportunity to cure a similar
violation within the preceding six months; (ii) indicate that the Owner may request a hearing in
accordance with Texas Property Code section 209.007 on or before the thirtieth day after the date
the notice was mailed to the Owner; (iii) state that the Owner may have special rights if the
Owner is serving on active military duty, and (iv) state the date by which the Owner must cure a
curable violation that does not pose a threat to public health and safety.
B.12.b. Hearing. If the Owner is entitled to an opportunity to cure the violation, the
Owner has the right to submit a written request for a hearing to discuss and verify facts and
resolve the matter in issue before a committee appointed by the Board or before the Board if the
01195382;1 5
Board does not appoint a committee. If a hearing is to be held before a committee, the notice
must state that the Owner has the right to appeal the committee’s decision to the Board by
written notice to the Board.
The Property Owners Association must hold a hearing under this section not later than
the thirtieth day after the date the Board receives the Owner’s request for a hearing and must
notify the Owner of the date, time, and place of the hearing not later than ten days before the
hearing. The Board or the Owner may request a postponement, and, if requested, a postponement
will be granted for a period of not more than ten days. Additional postponements may be granted
by agreement of the parties. The Owner or the Property Owners Association may make an audio
recording of the meeting.
The hearing will be held in executive session affording the alleged violator a reasonable
opportunity to be heard. Before any sanction hereunder becomes effective, proof of proper notice
will be placed in the minutes of the meeting. Such proof will be deemed adequate if a copy of the
notice, together with a statement of the date and manner of delivery, is entered by the officer,
director, or agent who delivered the notice. The notice requirement will be satisfied if the alleged
violator appears at the meeting. The minutes of the meeting will contain a written statement of
the results of the hearing and the sanction, if any, imposed. The Board may, but will not be
obligated to, suspend any proposed sanction if the violation is cured within a 30-day period.
Such suspension will not constitute a waiver of the right to sanction violations of the same or
other provisions and rules by any person.
B.12.c. Appeal. Following hearing before a committee, if any, the violator will have
the right to appeal the decision to the Board. To perfect this right, a written notice of appeal must
be received by the managing agent, if any, president, or secretary within 14 business days after
the hearing date.
B.12.d. Changes in Law. The Board may change the enforcement procedures set out
in this section to comply with changes in law.
C. Board Meetings
C.1. Meetings. Except as permitted by law, all regular and special meetings of the
Board must be open to the Owners. Except for a meeting held by electronic or telephonic means,
a Board meeting must be held in a county in which all or part of the property in the subdivision is
located or in a county adjacent to that county. A Board meeting may be held by electronic or
telephonic means, provided all Owners and Board Members have access to the communication at
the meeting as required by law.
C.2. Notice. Owners and Board Members must be given notice of the date, hour,
place, and general subject of a regular or special Board meeting, including a general description
of any matter to be brought up for deliberation in executive session. Notice must be given as
required by law.
C.3. Waiver of Notice. The actions of the Board at any meeting are valid if (a) a
quorum is present and (b) either proper notice of the meeting was given to each director or a
01195382;1 6
written waiver of notice is given by any director who did not receive proper notice of the
meeting. Proper notice of a meeting will be deemed given to any director who attends the
meeting without protesting before or at its commencement about the lack of proper notice.
C.4. Quorum of Board. At all meetings, a majority of the Board will constitute a
quorum, and the votes of a majority of the directors present at a meeting at which a quorum is
present constitutes the decision of the Board. If the Board cannot act because a quorum is not
present, a majority of the directors who are present may adjourn the meeting to a date not less
than ten (10) nor more than thirty (30) days from the date the original meeting was called. At the
reconvened meeting, if a quorum is present, any business that may have been transacted at the
meeting originally called may be transacted without further notice.
C.5. Conduct of Meetings. The president will preside at Board meetings. The
secretary will keep minutes of the meetings and will record in a minute book the votes of the
directors. The Board meeting will be conducted as required by law.
C.6. Proxies. Directors may vote by written proxy.
D. Officers
D.1. Officers. The officers of the Property Owners Association are a president, vice
president, secretary, and treasurer, to be elected by the Board. An officer must be a Member, or if
a Member is a corporation or other entity, an officer or employee of the Member. The Board may
appoint other officers having the authority and duties prescribed by the Board. Any two or more
offices may be held by the same person, except the offices of president and secretary.
D.2. Election, Term of Office, and Vacancies. Officers will be elected annually by the
Board at the first meeting of the Board following each annual meeting of the Voting Members. A
vacancy in any office may be filled by the Board for the unexpired portion of the term.
D.3. Removal. The Board may remove any officer whenever, in the Board’s
judgment, the interests of the Property Owners Association will be served thereby.
D.4. Powers and Duties. Officers have such powers and duties as are generally
associated with their respective offices and as may be specifically conferred by the Board. The
president is the chief executive officer of the Property Owners Association. The treasurer has
primary responsibility for the preparation of the budget and financial reports and may delegate
all or part of the preparation and notification duties to a finance committee, management agent,
or both.
D.5. Resignation. Any officer may resign at any time by giving written notice to the
Board, the president, or the secretary. Resignation takes effect on the date of the receipt of the
notice or at any later time specified in the notice.
E. Committees
The Board may establish committees by resolution and authorize the committees to
01195382;1 7
perform the duties described in the resolution.
F. Miscellaneous
F.1. Fiscal Year. The Board may establish the Property Owners Association’s fiscal
year by resolution. In the absence of a Board resolution determining otherwise, the Property
Owners Association’s fiscal year is a calendar year.
F.2. Rules for Meeting. The Board may adopt rules for the conduct of meetings of
Members, Board, and committees.
F.3. Conflict. The Declaration controls over these Bylaws.
F.4. Inspection of Books and Records
F.4.a. Inspection by Member. After a written request to the Property Owners
Association, a Member may examine and copy, in person or by agent, any Property Owners
Association books and records relevant to that purpose. The Board may establish rules
concerning the (i) written request; (ii) hours, days of the week, and place; and (iii) payment of
costs related to a Member’s inspection and copying of books and records.
F.4.b. Inspection by Director. A director has the right, at any reasonable time, and at
the Property Owners Association’s expense, to (i) examine and copy the Property Owners
Association’s books and records at the Property Owners Association’s Principal Office and (ii)
inspect the Property Owners Association’s properties.
F.5. Notices. Any notice required or permitted by the Dedicatory Instruments must
be in writing. Notices regarding enforcement actions must be given as required or as permitted
by law. All other notices may be given by regular mail. Notice by mail is deemed delivered
(whether actually received or not) when properly deposited with the United States Postal Service,
addressed to (a) a Member at the Member’s last known address according to the Property
Owners Association’s records and (b) the Property Owners Association, the Board, or a
managing agent at the Property Owners Association’s Principal Office or another address
designated in a notice to the Members. Unless otherwise required by law or the Dedicatory
Instruments, actual notice, however delivered, is sufficient.
F.6. Amendment. These Bylaws may be amended at any time by the vote of [percent]
percent of the Voting Members in the Property Owners Association. This provision will not be
construed as limiting the Board’s power to amend the enforcement procedures to comply wit h
changes in law.
[signature page follows]
01195382;1 8
The Business Center at College Station, Phase Two, Block
6, Lots 1R & Property Owners Association,
By: __ ______________________________
Name:______________________________
Title:________________________________
01195380;1 1
Declaration of Restrictive Covenants of
The Business Center at College Station, Phase Two, Block 6, Lots 1R & 2-5
Subdivision
Basic Information
Date: ___________________________________, 2019
Declarant: The City of College Station, Texas
Declarant’s Address: City of College Station
Attn.: City Manager
1101 Texas Ave.
College Station, TX 77840
Property Owners Association: The Business Center at College Station, Phase Two, Block 6, Lots
1R & 2-5 Property Owners Association, a Texas nonprofit corporation.
Property Owners Association’s Address: City of College Station
Attn.: City Manager
1101 Texas Ave.
College Station, TX 77840
Property: Lots 1R, 2, 3, 4 and 5 of The Business Center at College Station, Phase Two, Block
6, Lots 1R & 2-5, a subdivision in Brazos County, Texas according to the map or plat thereof
recorded in ____________________ in the Plat Records of Brazos County, Texas.
Definitions
“Assessments” means the Regular and Special Assessments, collectively.
“Board” means the Board of Directors of the Property Owners Association.
“Building” means a detached building designed and used for a Permitted Use and
constructed on one or more Lots as permitted herein.
“Business Center Advisory Board” or “BCAB” means the Business Center Advisory
Board established under the Covenants and Restrictions for the Business Center at College
Station a copy of which is attached as Exhibit A to this Declaration and incorporated herein, as
the same may be hereafter amended from time to time by the City Council of the City of College
Station, Texas. The Business Center Advisory Board has the authority provided in the said
Restrictions, including authority as a architectural control committee as provided therein.
01195380;1 2
“Bylaws” means the Bylaws of the Property Owners Association adopted by the Board.
“Common Area” means all property, if any, within the Subdivision not designated as a
Lot on the Plat and that has not been accepted for maintenance by the applicable governmental
body.
“Covenants” means the covenants, conditions, and restrictions contained in this
Declaration.
“Declarant” means the City of College Station, Texas, a municipal corporation and any
successor that acquires all unimproved Lots owned by Declarant for the purpose of development
and is named as successor in a recorded document.
“Dedicatory Instruments” means this Declaration and the Certificate of Formation,
Bylaws, and rules of the Property Owners Association, as the same may be amended from time
to time.
“Easements” means Easements within the Property for utilities, detention, drainage,
access and other purposes as shown on the Plat or of record, and the Reserved Blanket
Easements described herein.
“Limited Common Area” means an easement for a detention pond(s), access, or other use
as now shown on the Plat or as hereafter created by amendment to the Plat or by separate written
instrument, and which is assigned or conveyed by the Declarant to the Property Owners
Association by written conveyance recorded in the real property records of Brazos County,
Texas. Limited Common Areas may benefit two or more Lots.
“Lot” means each tract of land designated as a lot on the Plat, excluding lots that are part
of the Common Area, if any.
“Member” means Owner.
“Owner” means every record Owner of a fee interest in a Lot.
“Permitted Use” means any of uses permitted under Exhibit A.
“Plat” means the Plat of the Property recorded in ___________ of the real property
records of Brazos County, Texas, and any replat of or amendment to the Plat made in accordance
with this Declaration.
“Restrictions” means the provisions in this Declaration, including the provisions of the
Covenants and Restrictions for the Business Center at College Station which is attached to this
Declaration as Exhibit A, as the same may be hereafter amended from time to time.
“Structure” means any improvement on a Lot (other than a Building), including a
sidewalk, driveway, fence, wall, tennis court, swimming pool, outbuilding, or recreational
01195380;1 3
equipment.
“Subdivision” means the Property covered by the Plat and any additional property made
subject to this Declaration.
“Vehicle” means any automobile, truck, motorcycle, boat, trailer, or other wheeled
conveyance, whether self-propelled or towed.
Clauses and Covenants
A. Imposition of Covenants
1. Declarant imposes the Covenants on the Subdivision. All Owners and other
occupants of the Lots by their acceptance of their deeds, leases, or occupancy of any Lot agree
that the Subdivision is subject to the Covenants.
2. The Covenants are necessary and desirable to establish a uniform plan for the
development and use of the Subdivision for the benefit of all Owners. The Covenants run with
the land and bind all Owners, occupants, and any other person holding an interest in a Lot.
3. Each Owner and occupant of a Lot agrees to comply with the Dedicatory
Instruments and agrees that failure to comply may subject him to a fine, an action for amounts
due to the Property Owners Association, including foreclosure of liens securing payment of
amounts owed, damages, and/or injunctive relief.
B. Plat and Easements
1. The Plat, Easements, and all matters shown of record affecting the Property are
part of this Declaration and are incorporated by reference.
2. An Owner may use that portion of a Lot lying in an Easement for any purpose that
does not interfere with the purpose of the Easement or damage any facilities. Owners do not own
any utility facilities located in an Easement.
3. Neither Declarant nor any Easement holder is liable for damage to landscaping, a
Building or a Structure located in an Easement.
4. Declarant and each Easement holder may install, maintain, and connect facilities
in the Easements.
5. Declarant reserves blanket easements (“Reserved Blanket Easements”) across
Lots 1R and 2-4 of the Subdivision for the purpose of installing, maintaining, and connecting
utilities and, installing detention ponds and other facilities, as Declarant determines to be needed
in developing the Lots. Upon completion of development, unused portions of the Reserved
Blanket Easements will be released.
C. Use and Activities
01195380;1 4
1. Permitted Use. A Lot may be used only for a Permitted Use.
2. Prohibited Activities. Prohibited activities are—
a. any activity that is otherwise prohibited by the Dedicatory Instruments or
the Restrictions;
b. any illegal activity;
c. any nuisance, noxious, or offensive activity;
d. any dumping of rubbish;
e. any storage of—
i. building materials except during the construction or renovation of
a Building or a Structure;
ii. vehicles, except vehicles in a garage or Structure or operable
vehicles on the Owner’s Lot; or
iii. unsightly objects unless completely shielded by a Structure;
f. any exploration for or extraction of minerals;
g. any keeping or raising of animals, livestock, or poultry, except for
common domesticated household pets, such as dogs and cats, not to
exceed 2 dogs and/or 2 cats confined to a fenced yard or within the
Building or other appropriate Structure;
h. interfering with a drainage pattern without BCAB approval;
i. hunting and shooting;
j. residential use of a Building or Structure.
D. Construction and Maintenance Standards
1. Lots
a. Consolidation of Lots. An Owner of adjoining Lots, with BCAB
approval, and after receiving any approval or authorization required by
applicable law, may consolidate those Lots into one site for the
construction of a Building, in a manner consistent with applicable law.
b. Subdivision Prohibited. No Lot may be further subdivided.
c. Easements. No easement in a Lot may be granted by an Owner, other
than Declarant, without BCAB approval.
01195380;1 5
d. Maintenance. Each Owner must keep the Lot, all landscaping, the
Building, and all Structures in a neat, well-maintained, and attractive
condition.
2. Buildings and Structures
a. Damaged or Destroyed Buildings and Structures. Any Building or
Structure that is damaged must be repaired as expeditiously as possible
within 30 days after the damage was sustained (or within a period
approved by the BCAB) and the Lot restored to a clean, orderly, and
attractive condition. Any Building or Structure that is damaged to the
extent that repairs are not practicable must be demolished and removed
within ____ days after the damage was sustained, and the Lot restored to a
clean and attractive condition.
b. Traffic Sight Lines. No landscaping, Structures or vegetation that
obstructs traffic sight lines may be placed on any Lot.
c. Sidewalks. When a Building is constructed, the Lot must be improved
with sidewalks meeting the requirements of applicable law that connect
with the sidewalks (or with the public easement in which sidewalks may
be installed) on adjacent Lots.
E. Property Owners Association
1. Establishment and Governance. The Property Owners Association is
established upon the filing of its Certificate of Formation and is governed by the Certificate, this
Declaration, and the Bylaws. The Property Owners Association has the powers of a nonprofit
corporation and a property owners association under the Texas Business Organizations Code, the
Texas Property Code, and the Dedicatory Instruments.
2. Rules. The Board may adopt rules that do not conflict with law or the other
Dedicatory Instruments. On request, Owners will be provided a copy of any rules.
3. Membership and Voting Rights. Every Owner is a Member of the Property
Owners Association. Membership is appurtenant to and may not be separated from ownership of
a Lot. Membership and Voting Rights are described in the Bylaws, as the same may be amended
from time to time.
F. Assessments
1. Authority. The Property Owners Association may levy Assessments to promote
the health, safety, and welfare of the Owners in the Subdivision, to fund operating expenses of
the Property Owners Association, and to improve and maintain the Common Areas including
Easements conveyed to the Property Owners Association.
01195380;1 6
2. Personal Obligation. An Assessment is a personal obligation of each Owner
when the Assessment accrues.
3. Creation of Lien. Assessments are secured by a continuing vendor’s lien on each
Lot, which lien is reserved by Declarant and hereby assigned to the Property Owners
Association. By acceptance of a deed to a Lot, each Owner grants the lien, together with the
power of sale, to the Property Owners Association to secure Assessments.
4. Assessments for Maintenance of Limited Common Areas. Assessments for the
maintenance, upkeep, repair, renovation and/or restoration (collectively “Maintenance”) of a
Limited Common Areas will be borne by the Owner(s) of a Lot or Lots that are directly
benefitted by the Limited Common Area, and the said Lot(s) will be subject to a lien to secure
the payment of delinquent Assessments for Maintenance. The foregoing notwithstanding, the
Owner of Lot 5 shall not be subject to Assessments for the Maintenance of the access easement
now shown on the Plat that runs across all of the Lots, until and unless the Owner begins to use
the access easement, at which time and for all times thereafter, Lot 5 and its Owners shall be
subject to Assessments for the Maintenance of the said access easement. Use of the access
easement will be deemed to have begun when the Owner(s) of Lot 5 constructs a driveway or
other route or path which intersects or provides access to the access easement, whether or not
any actual use is thereafter made of the access easement. An Owner’s obligation for Assessments
for Maintenance of a Limited Common Area is in addition to the Owner’s obligation for any
other Assessment levied by the Board.
5. Commencement. A Lot becomes subject to Assessments on conveyance of the
Lot by Declarant, except as may be provided otherwise herein with regard to Lot 5 and the
access easement.
6. Regular Assessments
a. Rate. Regular Assessments are levied by the Board, annually, to fund the
anticipated operating and maintenance expenses of the Property Owners
Association, including the Common Areas, and, where applicable, to fund.
The Declarant will notify the Owner of the Regular Assessment owed in
connection with his Lot, including, if applicable, the Assessment for
Maintenance of any Limited Common Area that benefits his Lot, at the
time the Declarant conveys the Lot to the Owner. Assessments for the year
of conveyance will be prorated between the Declarant and the purchaser.
Thereafter, the Board will notify or will cause each Lot Owner to be
notified of changes to the Regular Assessments as provided in Section 6 b.
below.
b. Changes to Regular Assessments. Regular Assessments may be changed
annually by the Board. Written notice of the Regular Assessment will be
sent to every Owner at least thirty days before its effective date.
c. Collections. Regular Assessments will be due and payable annually in
advance, on January 10th of each year at the Property Owners Association
01195380;1 7
Address or at such other address as the Board may designate from time to
time.
7. Special Assessments. In addition to the Regular Assessments, the Board may
levy Special Assessments for the purpose of funding the cost of any construction, reconstruction,
repair, or replacement of any capital improvement on the Common Area or for Maintenance of a
Limited Common Area or for any other purpose benefiting the Subdivision but requiring funds
exceeding those available from the Regular Assessments. Written notice of the terms of the
Special Assessment will be sent to every Owner. Special Assessments for the Maintenance of a
Limited Common Area will be sent to the Owner(s) whose Lot(s) benefit from the Limited
Common Area. The Board may, at its sole discretion, authorize Special Assessments to be paid
in installments.
8. Fines. In addition to all other rights and remedies available to the Property
Owners Association for enforcement of the Dedicatory Instruments, the Board may levy a fine
against an Owner for a violation of the Dedicatory Instruments as permitted by law.
9. Subordination of Lien to Mortgages. The lien granted and reserved to the
Property Owners Association is subordinate to any lien granted by an Owner against a Lot not
prohibited by the Texas Constitution. The foreclosure of a superior lien extinguishes the Property
Owners Association’s lien as to Assessments due before the foreclosure.
10. Delinquent Assessments. Any Assessment not paid within 30 days after it is due
is delinquent.
G. BCAB Plan Review
1. Plan Review. The BCAB’s approval of all plans and specifications must be
obtained prior to the initial site improvement or construction, and thereafter prior to all remodels,
alterations or changes to any Lot. The review and approval process is set out in Exhibit A.
2. No Liability. The Property Owners Association, the Board, the BCAB and their
members will not be liable to any person submitting requests for approval or to any Owner by
reason of any action, failure to act, approval, disapproval or failure to approve or disappro ve any
request.
H. Remedial Rights
1. Late Charges and Interest. A late charge of 4% percent of the delinquent
amount is assessed for delinquent payments. Delinquent Assessments accrue interest at the rate
of 5 percent per year. The Board may change the late charge and the interest rate.
2. Costs, Attorney’s Fees, and Expenses. If the Property Owners Association
complies with all applicable notice requirements, an Owner is liable to the Property Owners
Association for all costs and reasonable attorney’s fees incurred by the Property Owners
Association in collecting delinquent Assessments, foreclosing the Property Owners Association’s
lien, and enforcing the Dedicatory Instruments.
01195380;1 8
3. Judicial Enforcement. The Property Owners Association may bring an action
against an Owner to collect delinquent Assessments, foreclose the Property Owners
Association’s lien, or enforce or enjoin a violation of the Dedicatory Instruments. An Owner may
bring an action against another Owner to enforce or enjoin a violation of the Dedicatory
Instruments.
4. Remedy of Violations. The Property Owners Association may levy a fine against
an Owner for a violation of the Dedicatory Instruments.
5. Suspension of Rights. If an Owner violates the Dedicatory Instruments, the
Property Owners Association may suspend the Owner’s rights under the Dedicatory Instruments
in accordance with law.
6. Damage to Property. An Owner is liable to the Property Owners Association for
damage to Common Areas caused by the Owner or the Owner’s family, guests, agents,
independent contractors, and invitees in accordance with law.
7. Cumulative Rights. The rights and remedies of the Property Owners Association are
cumulative and not exclusive and may be exercised concurrently or successively.
I. Common Area
1. Common Area Easements. Each Owner has an easement in and to the Common
Area, subject to the right of the Property Owners Association to—
a. charge reasonable admission and other fees for the use of recreational
facilities situated on the Common Area, and if an Owner does not pay
these fees, the Owner may not use the recreational facilities;
b. suspend an Owner’s rights to use a Common Area under the Dedicatory
Instruments;
c. grant an easement approved by the Board over the Common Area for
utility, drainage, or other purposes; and
d. dedicate or convey any of the Common Area for public purposes, on
approval by a vote of a majority of the Voting Members (as such term is
defined in the Bylaws) at a meeting in accordance with the Bylaws, and
subject to the agreement of the governing body with jurisdiction to accept
the dedication for public purposes.
2. Permitted Users. An Owner’s right to use and enjoy the Common Area extends
to the Owner’s tenants, agents, and invitees, subject to the Dedicatory Instruments.
3. Unauthorized Improvements in Common Area. An Owner may not erect or alter
any Structure on, or clear, landscape, or disturb, any Common Area except as approved by the
Board and the BCAB.
01195380;1 9
J. Limited Common Areas.
1. A Limited Common Area may be used only by the Owner(s) of the Lots that
directly benefit from the Limited Common Areas, and their tenants, agents and invitees, subject
to the Dedicatory Instruments.
2. The Property Owner’s Association shall have the right at all times to access a
Limited Common Area, and to authorize others to do so, for the purpose of inspection, repair,
maintenance and similar purposes, and may limit or regulate the use of a Limited Common Area
as its deems necessary during repair and maintenance or for the protection of health or safety.
K. General Provisions
1. Term. This Declaration runs with the land and is binding in perpetuity.
2. No Waiver. Failure by the Property Owners Association or an Owner to enforce
the Dedicatory Instruments is not a waiver.
3. Corrections. The Board may correct typographical or grammatical errors,
ambiguities, or inconsistencies contained in this Declaration, provided that any correction must
not impair or affect a vested property right of any Owner.
4. Amendment. This Declaration may be amended at any time by vote of sixty-
seven percent (67%) of Owners entitled to vote on the amendment. An instrument containing the
approved amendment will be signed by the Property Owners Association and recorded.
5. Conflict. This Declaration controls over the other Dedicatory Instruments.
6. Severability. If a provision of this Declaration is unenforceable for any reason,
this Declaration is to be construed as if the unenforceable provision is not a part of the
Declaration.
7. Notices. All notices must be in writing and must be given as required or
permitted by the Dedicatory Instruments or by law. Notice by mail is deemed delivered (whether
actually received or not) when properly deposited with the United States Postal Service,
addressed (a) to a Member, at the Member’s last known address according to the Property
Owners Association’s records, and (b) to the Property Owners Association, the Board, the
BCAB, or a managing agent at the Property Owners Association’s principal office or another
address designated in a notice to the Members. Unless otherwise required by law or the
Dedicatory Instruments, actual notice, however delivered, is sufficient.
8. Annexation of Additional Property. On written approval of the Board and not
less than 51% percent of the Members at a meeting in accordance with the Bylaws, the owner of
any property who desires to subject the property to this Declaration may record an annexation
agreement that will impose this Declaration and the Covenants on that property.
01195380;1 10
The City of College Station, Texas
By: _________________________________
Name:______________________________
Title:_______________________________
After recording, please return to:
_________________________________
_________________________________
_________________________________
01195380;1 11
Exhibit A
Covenants and Restrictions for the Business Center at College Station
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0431 Name:
Status:Type:Presentation Consent Agenda
File created:In control:8/7/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action to authorize expenditure of funds for FY 2020 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:2020 Exemptions List Over $100K
Action ByDate Action ResultVer.
Presentation, discussion, and possible action to authorize expenditure of funds for FY 2020 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 respectfully 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 2019-2020 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 FY20 Annual Exemptions
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2020 Annual Exemptions
FY 2019 FY 2020
Approved Request
Tyler Technologies (MUNIS Product Maintenance and Services)
MUNIS is the City's Enterprise Resouce Planning (ERP) system. $240,000.00 $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.$230,000.00 $250,000.00
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 $150,000.00
Entergy (Well 8 & Well 9electrical power)
Well 9 is a new addition.$250,000.00 $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. $383,420.00 $462,000.00
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. $1,191,579.00 $1,144,000.00
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 $409,000.00
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. $220,000.00 $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 2020\FOR CMO and CC\2020 Exemptions List Over $100K
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0455 Name:
Status:Type:Ordinance Consent Agenda
File created:In control:8/19/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action on an ordinance to approve a negotiated settlement
agreement between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex
Division, regarding the company's 2019 rate review mechanism filings with attached rate tariffs and
proof of revenues.
Sponsors:Brian Piscacek
Indexes:
Code sections:
Attachments:1 - Ordinance & Exhibits - Settlement Between ACSC and Atmos Energy Mid-Tex.pdf
2 - Staff Report with Attachments.pdf
3 - RRM FAQ 2019.pdf
Action ByDate Action ResultVer.
Presentation, discussion, and possible action on an ordinance to approve a negotiated settlement
agreement between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex
Division, regarding the company's 2019 rate review mechanism filings with attached rate tariffs and
proof of revenues.
Relationship to Strategic Goals: (Select all that apply)
·Good Governance
·Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the ordinance.
Summary:
The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company
pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly
referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That
settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”),
as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most recent
iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or
about April 1, 2019, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC
members. The Company claimed that its cost-of-service in a test year ending December 31, 2018,
entitled it to additional system-wide revenues of $70 million. Application of the standards set forth in
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ACSC’s RRM Tariff required Atmos to reduce its request to $54 million, $39.3 million of which would
be applicable to ACSC members. ACSC’s consultants concluded that the system-wide deficiency
under the RRM regime should be $38.7 million, with $28.2 million applicable to ACSC members.
Following further negotiations, ACSC’s Executive Committee and the Company negotiated a
settlement whereby the Company would receive an increase of $35.4 million from ACS cities.
Budget & Financial Summary:
A bill impact comparison is attached as part of the Staff Report. The impact of the settlement on
average residential rates is an increase of $2.05 on a monthly basis, or 3.7 percent. The increase for
average commercial usage will be $6.18 or 2.31 percent.
The effective date for new rates is October 1, 2019. ACSC members, which include the City of
College Station, should take action approving the ordinance before the end of September 2019.
Reviewed and Approved by Legal: Yes
Attachments:
1. Ordinance & Exhibits Authorizing Settlement
2. Staff Report
3. 2019 RRM FAQ
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1
ORDINANCE NO. _________________
AN ORDINANCE OF THE CITY COUNCIL 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 2019 RATE REVIEW MECHANISM
FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE
ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE
PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A
BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING
AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY
LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED
IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC’S LEGAL COUNSEL.
WHEREAS, the City of College Station, Texas (“City”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex ” or “Company”), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC
Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP ”) process instituted by
the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of
serving the Atmos Mid-Tex Division; and
2
WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in
2018; and
WHEREAS, on about April 1, 2019, Atmos Mid-Tex filed its 2019 RRM rate request with
ACSC Cities based on a test year ending December 31, 2018; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2019 RRM filing
through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues
identified in the Company’s RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $35.4
million applicable to ACSC Cities; and
WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with
the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are
just, reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree
medical benefits (Exhibit B); and
WHEREAS, the settlement agreement establishes an amortization schedule for regulatory
liability (Exhibit C); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses
associated with RRM applications;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
3
Section 2. That, without prejudice to future litigation of any issue identified by ACSC,
the City Council finds that the settled amount of an increase in revenues of $35.4 million for ACSC
Cities represents a comprehensive settlement of gas utility rate issues affecting the rates,
operations, and services offered by Atmos Mid-Tex within the municipal limits arising from
Atmos Mid-Tex’s 2019 RRM filing, is in the public interest, and is consistent with the City’s
authority under Section 103.001 of the Texas Utilities Code.
Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and
reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $35.4
million from customers in ACSC Cities, over the amount allowed under currently approved rates.
Such tariffs are hereby adopted.
Section 4. That the ratemaking treatment for pensions and retiree medical benefits in
Atmos Mid-Tex’s next RRM filing shall be as set forth on Exhibit B, attached hereto and
incorporated herein.
Section 5. That amortization of regulatory liability shall be consistent with the schedule
found in attached Exhibit C attached hereto and incorporated herein.
Section 6. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
the ACSC in processing the Company’s 2019 RRM filing.
Section 7. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
Section 8. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
4
Section 9. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 10. That consistent with the City Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by attached
tariffs to be effective for bills rendered on or after October 1, 2019.
Section 11. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General
Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED this day of , 2019.
Mayor
ATTEST: APPROVED AS TO FORM:
City Secretary City Attorney
2557/31/7897503
Exhibit A
Rate Tariffs Effective October 1,2019
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:R -RESIDENTIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE:
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery,additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $19.55 per month
Rider CEE Surcharge $ 0.05 per month'
Total Customer Charge $19.60 per month
Commodity Charge - AllCcf $0.17423 per Ccf
Gas Cost Recovery:Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a)and Part (b),respectively,of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
'Reference Rider CEE -Conservation and Energy Efficiency as approved in GUD 10170.Surcharge billingeffective July 1, 2019.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:C -COMMERCIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE:
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $46.50 per month
Rider CEE Surcharge $0.02 permonth^
Total Customer Charge $46.52 per month
Commodity Charge -All Ccf $0.09924 per Ccf
Gas Cost Recovery;Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a)and Part (b),respectively,of Rider GCR.
Weather Normalization Adjustment:Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider
FF,Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
'Reference Rider CEE -Conservation and Energy Efficiency as approved in GUD 10170.Surcliarge billingeffective July 1,2019.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:1 -INDUSTRIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE:
Application
Applicable to Industrial Custonners with a maximum daily usage (MDU)of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter.Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $845.50 per month
First 0 MMBtu to 1,500 MMBtu $0.3572 per MMBtu
Next 3,500 MMBtu $0.2616 per MMBtu
All MMBtu over 5,000 MMBtu $0.0561 per MMBtu
Gas Cost Recovery:Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a)and Part (b),respectively,of Rider GCR.
Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider
FF.Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries.
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or internjption,pay
Company 200%of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey"is no longer published,Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:1 -INDUSTRIAL SALES
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE:
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tarifffor Gas Service.
Special Conditions
In order to receive service under Rate I,Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RRC Tariff No:
RATE SCHEDULE:T-TRANSPORTATION
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE:
Application
Applicable,in the event that Company has entered into a Transportation Agreement,to a customer
directly connected to the Atmos Energy Corp.,Mid-Tex Division Distribution System (Customer)for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery,additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $845.50 per month
First 0 MMBtu to 1,500 MMBtu $0.3572 per MMBtu
Next 3,500 MMBtu $0.2616 per MMBtu
All MMBtu over 5,000 MMBtu $0.0561 per MMBtu
Upstream Transportation Cost Recovery:Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment:Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment:Plus an amount for franchise fees calculated in accordance with Rider
FF.Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment:Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges:Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i)$0.10 per MMBtu,or (ii)150%of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance,as defined in the applicable Transportation Agreement,at the end of each month that exceeds
10%of Customer's receipt quantities for the month.
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE:T -TRANSPORTATION
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 10/01/2019 PAGE:
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or Interruption,pay
Company 200%of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Dally in the table
entitled "Daily Price Survey"is no longer published,Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable Index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T,customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER:WNA-WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 11/01/2019 PAGE:
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described,which amount is referred to as the "Weather
Normalization Adjustment."The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April.The five regional weather stations are Abilene,Austin,Dallas,Waco,and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following fomiula:
WNAF
Where
WNAF1
Ri =
HSFj =
NDD =
ADD
Bli
Ri
(HSFj (NDD-ADD))
(BLj (HSFj X ADD))
any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
Weather Normalization Adjustment Factor for the i*'^rate schedule or
classification expressed in cents per Ccf
Commodity Charge rate oftemperature sensitive sales for the i^l^schedule or
classification.
heat sensitive factor for the i^^schedule or classification divided by the
average bill count in that class
billingcycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
billing cycle actual heating degree days.
base load sales for the i^*^schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNAi = WNAFi x qij
Where qy is the relevant sales quantity for the jth customer in ith rate schedule.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER:WNA -WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:Bills Rendered on or after 11/01/2019 PAGE:
Base Use/Heat Use Factors
Residential Commercial
Weather Station
Abilene
Base use
Ccf
9.77
Heat use
Ccf/HDD
0.1487
Base use
Ccf
88.49
Heat use
Ccf/HDD
0.7036
Austin 9.04 0.1537 201.48 1.0000
Dallas 13.07 0.2202 184.64 1.1385
Waco 8.77 0.1470 135.70 0.7744
Wichita
Falls
11.40 0.1468 117.90 0.5943
Weather Normalization Adiustment (WNA)Report
On or before June 1 of each year,the company posts on its website at atmosenergy.com/mtx-wna,in
Excel format, a Weather Normalization Adjustment (WNA)Report to show how the company calculated
its WNAs factor during the preceding winter season.Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas'Gas Services Division,addressed to the Director of thatDivision.
Exhibit B
2019 Benchmark for Pensions and Retiree Medical Benefits
ATMOS ENERGY CORP.,MID-TEX DIVISION
PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL
TEST YEAR ENDING DECEMBER 31,2018
Shared Services Mid-Tex Direct
Post-Supplemental Post-
Line Pension Employment Pension Executive Benefit Employment Adjustment
No.Description Account Plan Benefit Plan Account Plan Plan Benefit Plan Total
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
(a)(b)(c)(d)(e)(f)
Proposed Benefits Benchmark - Fiscal Year 2019 Willis Towers
Watson Report as adjusted (1) (2) (3)$2.744.088 $2,267.927 $4,724,119 $193,211 $2,621,842
Allocation to Mid-Tex 43.48%43.48%73.88%100.00%73.88%
Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln2)
$1,193,029 $
100.00%
986,012 $3,490,241 $193,211 $1,937,051
100.00%100.00%100.00% 100.00%
(g)
O&M and Capital Allocation Factor
Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) (3)$1,193,029 $986,012 $3,490,241 $193,211 $1,937,051 $7,799,544
Summary of Costs to Approve (1):
O&M Expense Factor (WP_F-2.3, Ln2)
Total Pension Account Plan
Total Post-Employment Benefit Plan
Total Supplemental Executive Benefit Plan
Total (Ln 13 + Ln 14 + Ln 15)$
81.35%
970,514
970,514 $
81.35%38.28%16.24%
$1,336,038
802,108
$31,377
802,108 $1,336,038 $31,377 $
Notes;
1.Studies not applicable to Mid-Tex or Shared Services are omitted.
2.The Company is requesting that the benchmark amount approved by the RRM Cities for future periods include only the expense amount.
The amount attributable to capital would continue to be recorded to utility plant through the overhead process as described in the CAM.
3.SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes.
38.28%
741,489
2,306,553
1,543,597
31,377
741,489 $3,881,527
Exhibit C
2019 Amortization Schedule for Regulatory Liability
Line
No.
ATMOS ENERGY CORP.,MID-TEX DIVISION
RATE BASE ADJUSTMENTS
TEST YEAR ENDING DECEMBER 31,2018
AMORTIZATION OF REGULATORY LIABILITY
Year Ended
Dec.31
Beginning of Year
Rate Base
Adjustment
Amount (1)
Annual
Amortization (2)
End of Year
Rate Base
Adjustment
Amount
(a)(b)(c)(d)
1 2018 $290,043,948 $-290,043,948
2 2019 290,043,948 12,085,165 277,958,784
3 2020 277,958,784 12,085,165 265.873,619
4 2021 265,873,619 12,085,165 253,788,455
5 2022 253,788,455 12,085,165 241,703,290
6 2023 241,703,290 12,085,165 229,618,126
7 2024 229,618,126 12,085,165 217,532,961
8 2025 217,532,961 12,085,165 205,447,797
9 2026 205,447,797 12,085,165 193,362,632
10 2027 193,362,632 12,085,165 181,277,468
11 2028 181,277,468 12,085,165 169,192,303
12 2029 169,192,303 12,085,165 157,107,139
13 2030 157,107,139 12,085,165 145,021,974
14 2031 145,021,974 12,085,165 132,936.810
15 2032 132,936,810 12,085,165 120.851,645
16 2033 120,851,645 12,085,165 108.766.481
17 2034 108,766,481 12,085,165 96.681.316
18 2035 96,681,316 12,085,165 84.596.152
19 2036 84,596,152 12,085,165 72.510.987
20 2037 72,510.987 12,085,165 60.425,823
21 2038 60,425,823 12,085,165 48,340,658
22 2039 48,340,658 12,085,165 36.255,494
23 2040 36,255,494 12,085,165 24,170,329
24 2041 24,170,329 12,085,165 12,085,165
25
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
2042 12,085,165
Revenue Related Tax Factor
Revenue Related Taxes on Annual
Amortization (see WP_B-6.3)
Related Taxes (see WP_B-6.3)
$
12,085,165 (0)
6.71%SeeWP_F-5.1
Amortization *Tax
810,653 Factor
$12,905,421 Amortization +Taxes
Notes:
1.The beginning 2018 balance is the September,2018 balance.The regulatory
liabilityfor excess deferred taxes is an estimate.This estimate will be
finalized when the Company files its federal tax return in July,2019.To the
extent that this estimate changes with the filing of the Company's tax return,
the Company will 'true-up'the amount in the 2020 RRM filing.
2.The annual amortization of a 24 year recovery period is based on the
Reverse South Georgia Method.
3.The Regulatory Liability is recorded to FERC Account 253,Sub Account 27909.
1
August 16, 2019
STAFF REPORT
BACKGROUND AND SUMMARY
The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-
Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the
Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment
commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program
legislation). That settlement created a substitute rate review process, referred to as Rate Review
Mechanism (“RRM”), as a substitute for future filings under the GRIP statute.
Since 2007, there have been several modifications to the original RRM Tariff. The most
recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018.
On or about April 1, 2019, the Company filed a rate request pursuant to the RRM Tariff adopted by
ACSC members. The Company claimed that its cost-of-service in a test year ending December 31,
2018, entitled it to additional system-wide revenues of $70 million. Application of the standards set
forth in ACSC’s RRM Tariff required Atmos to reduce its request to $54 million, $39.3 million of
which would be applicable to ACSC members. ACSC’s consultants concluded that the system-wide
deficiency under the RRM regime should be $38.7 million instead of the claimed $54 million. The
amount of the $38.7 million deficiency applicable to ACSC members would be $28.2 million.
After the Company reviewed ACSC’s consultants’ report, ACSC’s Executive Committee and
the Company negotiated a settlement whereby the Company would receive an increase of $35.4
million from ACSC Cities.
2
The Executive Committee recommends a settlement at this amount. The Effective Date for
new rates is October 1, 2019. ACSC members should take action approving the Ordinance before the
end of September.
PROOF OF REVENUES
Atmos generated proof that the rate tariffs attached to the Ordinance will generate $35.4
million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff
Report. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate.
BILL IMPACT
The impact of the settlement on average residential rates is an increase of $2.05 on a monthly
basis, or 3.7 percent. The increase for average commercial usage will be $6.18 or 2.31 percent. A
bill impact comparison is attached as Attachment 2.
SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP
PROCESS
ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by
ignoring declining expenses and increasing revenues while rewarding the Company for increasing
capital investment on an annual basis. The GRIP process does not allow any review of the
reasonableness of capital investment and does not allow cities to participate in the Railroad
Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The
Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full
hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the
GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM
process has allowed for a more comprehensive rate review and annual evaluation of expenses and
revenues, as well as capital investment.
3
RRM SAVINGS OVER GRIP
While residents outside municipal limits must pay rates governed by GRIP, there are some
cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM.
Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When
new rates become effective on October 1, 2019, ACSC residents will have a slight economic monthly
advantage over comparable GRIP and comparable DARR rates (see Attachment 3).
EXPLANATION OF “BE IT ORDAINED” PARAGRAPHS:
1. This section approves all findings in the Ordinance.
2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just,
reasonable, and in the public interest.
3. This section finds that existing rates are unreasonable. Such finding is a necessary predicate
to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an
additional $35.4 million from ACSC Cities.
4. This section approves an exhibit that establishes a benchmark for pensions and retiree medical
benefits to be used in future rate cases or RRM filings.
5. This section approves an exhibit to be used in future rate cases or RRM filings regarding
recovery of regulatory liabilities, such as excess deferred income taxes.
6. This section requires the Company to reimburse the City for expenses associated with review
of the RRM filing, settlement discussions, and adoption of the Ordinance approving new rate
tariffs.
7. This section repeals any resolution or ordinance that is inconsistent with the Ordinance.
8. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
4
9. This section is a savings clause, which provides that if any section is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Ordinance. This section further directs that the remaining provisions of the
Ordinance are to be interpreted as if the offending section or clause never existed.
10. This section provides for an effective date upon passage.
11. This section directs that a copy of the signed Ordinance be sent to a representative of the
Company and legal counsel for ACSC.
CONCLUSION
The Legislature’s GRIP process allowed gas utilities to receive annual rate increases
associated with capital investments. The RRM process has proven to result in a more efficient and
less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than
the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to
recover $70 million in additional system-wide revenues, or $54 million from ACSC Cities, the RRM
settlement at $35.4 million for ACSC Cities reflects substantial savings to ACSC Cities in the amount
of $18.6 million. ACSC’s consultants produced a report indicating that Atmos had justified increased
revenues for ACSC Cities of at least $32.7 million. Settlement at $35.4 million is fair and reasonable.
The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC
members to pass the Ordinance before September 30, 2019. New rates become effective October 1,
2019.
2557/31/7897507
Attachment 1
Proof of Revenues
Line No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Customer Class
(a)
Residential
Customer Charge
Consumption Charge
Revenue Related Taxes
Total Class Revenue
Commercial
Customer Charge
Consumption Charge
Revenue Related Taxes
Total Class Revenue
Industrial &Transportation
Customer Charge
Consumption Charge Tier 1
Consumption Charge Tier 2
Consumption Charge Tier 3
Revenue Related Taxes
Total Class Revenue
Total Excluding Other Revenue
Revenue Related Tax Factor
ATMOS ENERGY CORP.,MID-TEX DIVISION
RRM CITIES RATE REVIEW MECHANISM
PROOF OF REVENUES -SYSTEMWIDE
TEST YEAR ENDING DECEMBER 31,2018
Current Proposed
(b)
18.85
0.14846
43.50
0.09165
(c)
19.55
0.17423
46.50
0.09924
Bills Cof/MmBtu
(d)(e)
18,572,400
876,575,629
1,492,740
576,758,305
$784.00 $845.50 9,804
$0.3312 $0.3572 10,724,328
$0.2425 $0.2616 12,346,302
$0.0520 $0.0561 22,335,700
6.7078%
Current
Revenues
Proposed
Revenues Increase
(0 (g)(h)
$350,089,740 $363,090,420
130,136,418 152,725,772
32,212,790 34,600,111
$512,438,948 $550,416,303 $37,977,356
64,934,190 $69,412,410
52,859,899 57,237,494
7,901,436 ^495,470
$125,695,525 $135,145,374 $9,449,849
7,686,336 $8,289,282
3,551,897 3,830,730
2,993,978 3,229,793
1,161,456 1,253,033
1,032,582 1,113,691
$16,426,250 $17,716,529 $1,290,278
$654,560,722 $703,278,206 $48,717,483
Attachment 2
BUI Impact
ATMOS ENERGY CORP..MID-TEX DIVISION
AVERAGE BILL COMPARISON -BASE RATES
TEST YEAR ENDING DECEMBER 31.2018
Line
1 Rate R (5)47.5 Ccf CURRENT
2 Customer charge $18.85
3 Consumption charge 47.5 CCF X $0.14846 7.05
4 Rider OCR Part A 47.5 CCF X $0.27375 13.00
5 Rider GCR Part B 47.5 CCF X $0.27485 13.06
6 Subtotal $51.96
7 Rider FF &Rider TAX $51.96 X 0.06708 3.49
8
n
Total $55.45
9
10 Customer charge
11 Consumption charge 47.5 CCF X $0.17423 =
12 Rider GCR Part A 47.5 CCF X $0.27375 =
13 Rider GCR Part B 47.5 CCF X $0.27485 =
14 Subtotal
15 Rider FF &Rider TAX $53.89 X 0.06708 =
16 Total
17
18
19 Rate C (S)367.6 Ccf CURRENT
20 Customer charge $43.50
21 Consumption charge 367.6 CCF X $0.09165 33.69
22 Rider GCR Part A 367.6 CCF X $0.27375 100.62
23 Rider GCR Part B 367.6 CCF X $0.19927 73.25
24 Subtotal $251.06
25 Rider FF &Rider TAX $251.06 X 0.06708 16.84
26 Total $267.90
27
28 Customer charge
29 Consumption charge 367.6 CCF X $0.09924 -
30 Rider GCR Part A 367.6 CCF X $0.27375 =
31 Rider GCR Part B 367.6 CCF X $0.19927 =
32 Subtotal
33 Rider FF&Rider TAX $256.85 X 0.06708 =
34 Total
35
PROPOSED CHANGE
$19.55
8.28
13.00
13.06
$53.89
3.61
$57.50 $2.05
3.70%
PROPOSED CHANGE
$46.50
36.48
100.62
73.25
$256.85
17.23
$274.08 6.18
2.31%
WP_J-3.1
Page 1 of 2
ATMOS ENERGY CORP.,MID-TEX DIVISION
AVERAGE BILL COMPARISON -BASE RATES
TEST YEAR ENDING DECEMBER 31,2018
Line
36 Rate 1 (a>4066 MMBTU CURRENT PROPOSED
37 Customer charge $784.00
38 Consumption charge 1,500 MMBTU X $0.3312 =496.80
39 Consumption charge 2,566 MMBTU X $0.2425 =622.14
40 Consumption charge 0 MMBTU X $0.0520 :-
41 Rider OCR Part A 4,066 MMBTU X $2.6733 =10,868.51
42 Rider OCR Part B 4,066 MMBTU X $0.4491 =1,825.85
43 Subtotal $14,597.30
44 Rider FF &Rider TAX $14,597.30 X 0.06708 979.16
45 Total $15,576.46
46
47 Customer charge $845.50
48 Consumption charge 1,500 MMBTU X $0.3572 =535.80
49 Consumption charge 2,566 MMBTU X $0.2616 =671.14
50 Consumption charge 0 MMBTU X $0.0561 =-
51 Rider GCR Part A 4,066 MMBTU X $2.6733 =10,868.51
52 Rider GCR Part B 4,066 MMBTU X $0.4491 =1,825.85
53 Subtotal $14,746.80
54 Rider FF &Rider TAX $14,746.80 X 0.06708 989.19
55 Total $15,735.99
56
57 Rate T (d)4066 MMBTU CURRENT PROPOSED
58 Customer charge $784.00
59 Consumption charge 1,500 MMBTU X $0.3312 =496.80
60 Consumption charge 2,566 MMBTU X $0.2425 :622.14
61 Consumption charge 0 MMBTU X $0.0520 =-
62 Rider GCR Part B 4,066 MMBTU X $0.4491 =1,825.85
63 Subtotal $3,728.79
64 Rider FF &Rider TAX $3,728.79 X 0.06708 250.12
65 Total $3,978.91
66
67 Customer charge $845.50
68 Consumption charge 1,500 MMBTU X $0.3572 =535.80
69 Consumption charge 2,566 MMBTU X $0.2616 =671.14
70 Consumption charge 0 MMBTU X $0.0561 :-
71 Rider GCR Part B 4,066 MMBTU X $0.4491 =1,825.85
72 Subtotal $3,878.29
73 Rider FF &Rider TAX $3,878.29 X 0.06708 260.15
74 Total $4,138.44
75
CHANGE
;159.53
1.02%
CHANGE
159.53
4.01%
WP_J-3.1
Page 2 of 2
Attachment 3
RRM Monthly Savings Over GRIP and DARR Rates
Group
ACSC/RRM
Environs
GRIP
ATM GRIP
DARR
ACSC Margin Advantage Over GRIP and DARR Residential Customers
Effective October 1.2019
Average Monthly Customer
Consumption Charge
47.5 CCF $19.55
47.5 CCF $19.84
47.5 CCF $21.69
47.5 CCF $21.25
Consumption
Charge
$0.17423
$0.18653
$0.14846
$0.14924
Average Bill
$27.83
$28.70
$28.74
$28.34
Average
Monthly Savings
X
$0.87
$0.92
$0.51
August 20, 2019
FREQUENTLY ASKED QUESTIONS REGARDING
ACSC HISTORY AND THE RRM RATEMAKING PROCESS
What is the role of Cities in ratemaking?
Cities have historically exercised original jurisdiction over the level of gas rates charged within
their boundaries. Generally, gas distribution utilities have filed rate cases at the City level and have
only gone to the Railroad Commission of Texas (“RCT” or “Commission”) with an appeal of City
action or when they could not reach a settlement with Cities. If a utility and Cities reach an agreement,
the utility may then file a case at the RCT to implement the same rates approved by Cities in areas
outside municipal boundaries.
Once a case is at the RCT, the Commission Staff generally expects Cities to intervene and do
most of the discovery, cross-examination, briefing, and sponsor opposing witnesses. There is no
consumer advocate at the RCT. If Cities do not participate in hearings at the RCT, the request of a
regulated utility is likely to be rubber-stamped.
How and why was the Atmos Cities Steering Committee created?
The Atmos pipeline and distribution systems were built, owned, and operated by Lone Star
Gas (“LSG”), which maintained over 200 rate jurisdictions until it sold its assets to Texas Utilities
(“TXU”) in the late 1990’s. That meant that many Cities had their own unique distribution rates and
that individual Cities had to process rate cases at the local level. LSG-Pipeline served all 200-plus
distribution systems, and pipeline rates were set by the RCT.
From the early 1980’s through the late 1990’s, LSG filed no pipeline or system-wide rate cases
at the RCT. When LSG was finally brought before the RCT to show cause why its rates should not be
reduced, approximately 80 Cities intervened and created an ad hoc group known as the Steering
Committee of Cities Served by Lone Star. In Gas Utilities Division (“GUD”) docket number 8664,
three separate groups of Cities and a number of independent Cities (jointly the “Aligned Cities”)
participated and coordinated their efforts to oppose the rate increase.
TXU purchased the LSG assets in the late 1990’s and immediately commenced consolidating
200-plus ratemaking jurisdictions into regions. As regional cases were filed, Cities within each region
created an ad hoc committee to form a common strategy and negotiating position. Once TXU had
aggregated the Cities into five or six jurisdictions, each with a different rate, Texas Utilities Gas
Company filed a system-wide case to bring all of the old LSG territory under one common rate. The
different City regional committees then united and formed the Allied Coalition of Cities (“ACC”).
While the gas utility assets were owned and controlled by TXU, the coalition transformed itself from
an ad hoc group that came together only in response to rate filings by the utility into a permanent
standing coalition.
In Gas Utilities Docket (“GUD”) No. 9400 in 2004, TXU’s request for a $61.6 million system-
wide increase was aggressively opposed by ACC. Cities achieved disallowances of $42.9 million of a
regulatory asset and $87.8 million of capitalized gas utility plant. The company received only a $2.01
million increase. Unhappy with that result, TXU decided that owning a gas system was neither as fun
nor as profitable as the deregulated electric system, and they sold the system to Atmos Energy
Corporation (“Atmos” or “Company”). ACC was then transformed into the Steering Committee of
2557/28/7898547 2
Cities Served by Atmos and then renamed Atmos Cities Steering Committee to obtain an easy to
remember acronym, “ACSC.”
What is the Atmos Cities Steering Committee?
ACSC is a coalition of 170 Cities that unite in common purpose to address gas utility rate and
franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that gas utility
rates charged to Cities and their residents are fair and reasonable; (2) maintain reasonable franchise fee
revenues for Cities; (3) protect Cities’ original jurisdiction over rates and services; (4) be a voice for
consumers where no state agency assumes such a role; and (5) promote sound ratemaking policies in
the public interest.
Cities join the permanent standing committee by passing a resolution and agreeing to support
the work of ACSC through modest occasional per capita assessments that support ongoing
administrative and legislative advocacy and all expenses where Cities are not entitled to
reimbursement. Each member City designates a representative to ACSC. Member representatives may
volunteer to serve on the ACSC Executive Committee. The Executive Committee sets policy, hires
legal counsel and consultants, directs litigation, establishes a legislative agenda, sets assessments on
members as needed, and meets quarterly with Atmos executives. The Settlement Committee is directly
involved in negotiating resolution of contested matters with Atmos executives. The list of current
members is attached.
What is the benefit of membership in ACSC?
One hundred seventy Cities speaking as one voice is much more effective in advocacy before
the Railroad Commission and legislature than any one City or multiple small groups of Cities.
The legislature has given gas utilities a right to an annual increase in rates. Resources (both
financial and human) of individual Cities are conserved by membership in ACSC. Additionally,
membership enhances institutional memory of ratemaking issues, public policy debates, and right-of-
way and franchise fee battles.
What has ACSC accomplished?
Going into the 82nd Legislative Session, in December 2010, ACSC released a 48-page report,
“Natural Gas Consumers and the Texas Railroad Commission.” More than 200 television, newspaper
and radio news sites posted information on, and a link to, the report that may be found on ACSC’s
website, TexasGasConsumers.org.
ACSC has also been instrumental in ongoing Sunset Commission reviews of the RCT. The
agency has undergone three Sunset reviews since 2010, and in each case ACSC has maintained a
watchful eye on the process to ensure that provisions that could harm the interest of gas utility
ratepayers are excluded from the legislation. ACSC representatives also visited on several occasions
with the Sunset Commission Staff, and several ACSC recommendations for reform were included in
Sunset Commission Reports on the agency. Several ACSC member representatives testified before
the legislature regarding the Sunset review of the Railroad Commission.
2557/28/7898547 3
During the 2011 legislative session, lobbying efforts by ACSC were critical in killing two gas
utility bills that would have undermined traditional regulation, deprived Cities of certain rights, and
led to even greater rate increases.
ACSC has also resolved a major issue involving franchise fees. In 2010, Atmos unilaterally,
without notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of
whether specific franchises included such payments. Several Cities were willing to pursue the matter
through litigation. However, counsel for ACSC was able to negotiate a resolution that allowed each
member City to determine whether it desired an increase in franchise fee payments based on inclusion
of franchise fees in the calculation of gross receipts. If a City opted for inclusion of fee-on-fee
revenues, it had the further option of retroactive payments back to the point in time that Atmos decided
to curtail fee-on-fee payments. Each member had these options regardless of the wording of the then-
valid franchise agreement. This resolution spared significant litigation costs and anxiety and was only
possible because of the clout of the ACSC membership.
One of the most significant accomplishments of ACSC occurred in 2007 via a settlement of
the then-pending, system-wide rate case. Approximately 50 ACSC City representatives showed up in
Arlington for a meeting with Atmos executives who were shocked at the vocal opposition to Atmos’
practices, the unfairness of annual Gas Reliability Infrastructure Program (“GRIP”) rate filings that
precluded City and citizen review, and the Company’s lack of coordination with Cities. That meeting
led to the creation of the Rate Review Mechanism (“RRM”) process and improved ongoing
communications between the Company and ACSC.
In 2010, these improved communications between ACSC and the Company led to a workable
solution to the need to replace steel service lines in a manner that accommodated Cities’ needs to
control their rights-of-way, while moderating the rate impact and focusing first on the riskiest service
lines based on leak repair histories. This compromise precluded a more onerous (from a City and
consumer perspective) program threatened by the RCT.
What is an RRM case?
The concept of an RRM proceeding emerged as a three-year experimental substitute for GRIP
cases as part of the settlement of Atmos Mid-Tex’s 2007 system-wide rate case. In 2003, the Texas
Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to the Gas Utility
Regulatory Act. While not identified as such in the law, § 104.301 was referred to as the Gas
Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas companies to recover
changes to invested capital without a review of whether increased revenues or declining expenses offset
the invested capital costs. Both Atmos Pipeline and Atmos Mid-Tex filed GRIP cases as soon as the
RCT adopted rules to implement the interim adjustments. As explained below, it quickly became
apparent that the GRIP adjustments were terrible public policy.
As an alternative to GRIP, ACSC entered into a negotiated agreement with Atmos in 2007 to
establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all portions of
Mid-Tex’s cost of service. It fixed an authorized rate of return on equity for the three-year period at
9.6% (which was less than what the RCT would have authorized) and set caps on the extent to which
expenses or investments could increase from one year to the next. More importantly, it allowed Cities
to make a comprehensive evaluation of all aspects of the utility’s business—investment, operation and
maintenance expenses, and revenues—unlike GRIP that only allows consideration of changes to
invested capital.
2557/28/7898547 4
Why is RRM superior to GRIP?
GRIP cases guarantee a one-sided, rubber-stamp approval of the utility’s rate request. ACSC
attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline and Atmos
Mid-Tex at the RCT. Not only were Cities’ motions to intervene denied, but also, ACSC’s comments
were ignored. At the City level, ACSC consultants determined that Atmos was not only including
items such as artwork, chairs, computers, and meals in interim rate adjustments that were allegedly
intended to promote pipeline safety, but the Company was also over-earning its previously authorized
rate of return. ACSC attacked the Commission’s rule in court because it denied City participation,
denied a hearing on a contested matter, and denied Cities’ recovery of any expenses associated with
resisting GRIP rate increases. The courts were not helpful to Cities. In 2011, the Texas Supreme Court
upheld the Commission’s rule implementing the GRIP statute.
Cities have contended that the GRIP process is terrible public policy since it authorizes what
would, from the perspective of a history of public interest regulation, be regarded as unlawful—
piecemeal ratemaking. GRIP allows rates to increase if the utility’s invested capital net of depreciation
increases year-over-year. An increase in rates is mandated under GRIP if investment increases, even
if increasing revenues and declining expenses more than offset the costs associated with increased
investment.
The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by providing
for a comprehensive review of Atmos’ expenses and revenues. Furthermore, the RRM process
benefitted ACSC by: (1) allowing Cities’ participation that would be denied under GRIP; (2) allowing
Cities to recover, at utility shareholders’ expense, all their ratemaking costs; and (3) avoiding both
litigation and RCT jurisdiction.
The legislature has functionally authorized annual increases in gas utility rates through the
GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to have
Cities participate in the comprehensive RRM process than be unable to participate in a piecemeal
process.
What has been the history of the RRM efforts?
A total of eleven RRM filings have been made by the Company. These filings all resulted in
settlements at the City level, except for the 2014 filing, which the ACSC Cities denied. The Company
appealed the denial to the RCT, and ACSC was ultimately able to settle that proceeding before it
reached the stage of a final RCT order. The results of these filings from a system-wide perspective are
as follows (continued on next page):
RRM Filing Year Atmos Request ACSC Settlement
#1 2008 $33.5 million $20 million
#2 2009 $20.2 million $2.6 million
#3 2010 $70.2 million $27 million
#4 2011 $15.7 million $6.6 million
#5 2013 $22.7 million $16.6 million
#6
#7
#8
#9
2014
2015
2016
2017
$45.7 million
$28.8 million
$35.4 million
$57.4 million
$43.8 million
$22.8 million
$29.6 million
$48 million
2557/28/7898547 5
RRM Filing
#10
#11
Year
2018
2019
Atmos Request
$27.4 million
$54 million
ACSC Settlement
$24.9 million
$35.4 million
Unable to reach agreement to perpetuate the original RRM terms, Atmos filed a traditional rate case
with Cities in 2012 (GUD No. 10170), which was then appealed to the Railroad Commission. A final
order in that case was entered in December 2012. The ratemaking decisions of the Commission then
became the basis of renewal negotiations on the RRM process. The renewed RRM included some
modifications that enhanced the original RRM process. Among these modifications were:
• A limit on the percentage of increase to be included in the monthly customer charge;
• A prohibition against capital post-test year adjustments;
• A time limit for known and measurable adjustments to operating and maintenance
expenses;
• A guaranteed reduction in the Company’s requested increase of at least $3 million
annually; and
• A limitation on the amount of equity in the Company’s capital structure.
Changes to the RRM process
As noted in a communication to ACSC in May 2017, the rate of return on equity (“ROE”)
embedded in the RRM process between 2013 and 2017 of 10.5% is excessive by at least 100 basis
points, based upon a reasonable rate of return that reflects the market conditions in which the Company,
and its parent Atmos Energy, operates. Because this ROE cannot be altered except by (1) changing
the terms of the RRM tariff, or (2) a Commission order coming out of a new rate case, ACSC informed
the Company that the 2017 RRM will be the last filing by the Company under the current tariff. Atmos
agreed to renegotiate the terms and conditions of a revised RRM tariff in 2017.
In February and March 2018, ACSC adopted a new RRM tariff ordinance that implemented
new procedures and criteria for the RRM process. The revised RRM tariff reduced the allowed ROE
from 10.5% to 9.8% and captured the reduced federal income tax rate of 21%. The new tariff expanded
Cities’ review period from three months to five months. It also required Atmos Mid-Tex to accept
ACSC’s position regarding incentive compensation related to Atmos’ Shared Services Unit. The 2019
RRM filing is the second under the new tariff.
When must Cities approve new rates?
ACSC’s Tariff Ordinance adopted around March 2018 declares that new rates become
effective October 1st of each year. While it is preferable that ordinances or resolutions adopting new
tariffs are passed before the end of September, there is no adverse consequence if final action cannot
take place until sometime in October. The only thing that will frustrate new rates becoming effective
on October 1, 2019 is City action that specifically denies the increase.
2557/28/7898547 6
What would happen if a City Council denies the RRM rate increase?
Atmos would either appeal the denial to the Railroad Commission or initiate imposition of
GRIP rates or both. Rates for residents of that City would be higher than rates of other ACSC member
residents. Rate case expenses (both the City and Company) associated with litigation at the Railroad
Commission would likely be surcharged back to the City that denied the increase.
If you have other questions please contact me at (512) 322-5875 and/or gmg@lglawfirm.com,
or Georgia Crump at (512) 322-5832 and/or gcrump@lglawfirm.com.
Geoffrey Gay
ACSC, General Counsel
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0457 Name:NG Parking Garage Gate
Status:Type:Ordinance Consent Agenda
File created:In control:8/22/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action on an ordinance amending Chapter 38, "Traffic and
Vehicles," Article II "Stopping, Standing and Parking," Division 3 "Northgate Area," Section 38-109
"Violations" of the Code of Ordinances by amending certain sections relating to the Northgate Parking
Garage Gate.
Sponsors:Debbie Eller
Indexes:
Code sections:
Attachments:Proposed Amendment - CH 38 Art II Div 3 Sec 38-109 NG Park Gate
Action ByDate Action ResultVer.
Presentation, discussion, and possible action on an ordinance amending Chapter 38, "Traffic and
Vehicles," Article II "Stopping, Standing and Parking," Division 3 "Northgate Area," Section 38-109
"Violations" of the Code of Ordinances by amending certain sections relating to the Northgate
Parking Garage Gate.
Relationship to Strategic Goals:
·Financially Sustainable City
·Core Services and Infrastructure
·Diverse Growing Economy
·Improving Mobility
Budget & Financial Summary: N/A
Attachments: Proposed Ordinance Amendment - Section 38-109
College Station, TX Printed on 9/6/2019Page 1 of 1
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 3 “NORTHGATE AREA,”
SECTION 38-109 “VIOLATIONS” OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO
THE NORTHGATE PARKING GARAGE GATE; 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 3 “Northgate Area,” Section 38-109 “Violations” 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 upon a finding of liability
thereof shall be deemed liable for a civil offense and punished with a civil penalty
of not less than one dollar ($1.00) and not more than two thousand dollars
($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished
by a fine of not less than twenty five dollars ($25.00) and not more than five
hundred dollars ($500.00). 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, “Traffic and Vehicles,” Article II “Stopping, Standing and Parking,” Division 3
“Northgate Area,” Section 38-109 “Violations” is hereby amended by adding section (e) and (f)
and is to read as follows:
Section 38-109 “Violations”
e. Northgate Parking Garage. It shall be unlawful for any person to raise, lower or
manipulate in any way the Northgate Parking Garage gate, gate arm or gate equipment for any
reason, unless directed by a city employee acting in their official capacity.
f. Penalty. A violation of this section shall be punished as provided in Section 1-7.
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0469 Name:Paint and Body Contract
Status:Type:Bid Award Consent Agenda
File created:In control:8/25/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action regarding the approval of the annual price agreement
for Auto Heavy Truck Paint and Body Repairs to Corn’s Collision Center, Inc. for an amount not to
exceed $120,000 annually, for a total possible contract award of $600,000 and the rejection of bids
received in response to Invitation to Bid (ITB) #19-051 and rejection of contract 19300569.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:19-088 Bid Tab
Action ByDate Action ResultVer.
Presentation, discussion, and possible action regarding the approval of the annual price agreement
for Auto Heavy Truck Paint and Body Repairs to Corn’s Collision Center, Inc. for an amount not to
exceed $120,000 annually, for a total possible contract award of $600,000 and the rejection of bids
received in response to Invitation to Bid (ITB) #19-051 and rejection of contract 19300569.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s):Staff recommends approving annual price agreement #19300643 to Corn’s
Collision Center,Inc.for Auto Heavy Truck Paint and Body Repairs in an amount not to exceed
$120,000 annually,for a total possible contract award of $600,000 and to reject bids and contract
19300569 received in response to ITB 19-051.
Summary:On Thursday,May 30,2019 the Annual Auto Heavy Truck Paint and Body Repairs bid
tabulation #19-051 was opened.One bidder responded and contract 19300569 was initiated.In the
best interest of the City,it was decided to revise the specification of the bid and to re-bid this
commodity purchase at a later date.A Notice of no award was sent to all interested parties on June
28, 2019.
The City of College Station requested a re-bid for an annual price agreement for Auto Heavy Truck
Paint and Body Repairs.On July 16,2019,three vendors responded to the Invitation to Bid (ITB)19-
088.Corn's Collision Center,Inc.has been identified as the lowest responsible bidder.This price
agreement initial term is for three (3)years with the option to renew for two (2)additional one (1)year
terms for a total of five (5) years.
Budget & Financial Summary: Funds are available in the Fleet Maintenance fund.
College Station, TX Printed on 9/6/2019Page 1 of 2
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File #:19-0469,Version:1
Attachments:
1.Contract # 19300643 is on file in the City Secretary’s Office.
2.Bid Tabulation
College Station, TX Printed on 9/6/2019Page 2 of 2
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City of College Station - Purchasing Division
Bid Tabulation #19-088 (Re-bid)
"Annual Auto Heavy Truck Paint Body Repairs"
Open Date: Tuesday, July 16, 2019 @ 2:00 p.m.
Page 1 of 1
Brazos Valley Collision
Center
(College Station, TX)
Corn's Collision Center,
Inc.
(Hearne, TX)
Krause Paint and Body
(Bryan, TX)
ITEM UNIT DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE
1.1
Hourly
Rate Body/Fender $46.00 $46.00 $50.00
1.2
Hourly
Rate Frame/Alignment $55.00 $75.00 $50.00
1.3
Hourly
Rate
Painting - Labor & Materials
(Breakdown: $ + $)$34.00 $80.00 $80.00
1.4
Hourly
Rate Mechanical $100.00 $85.00 No Bid
1.5
Hourly
Rate Decal removal/disposal $46.00 $46.00 No Bid
1.6 Fee Hazardous Waste Removal $5.00 $0.00 No Bid
1.7 Fee Pre and Post Cover $168.00 $0.00 No Bid
$454.00 $332.00 $180.00
2.1
Hourly
Rate Body/Fender $85.00 $65.00 $80.00
2.2
Hourly
Rate Frame/Alignment $110.00 $75.00 $80.00
2.3
Hourly
Rate
Painting - Labor & Materials
(Breakdown: $ + $)$38.00 $99.00 $110.00
2.4
Hourly
Rate Mechanical $120.00 $85.00 No Bid
2.5
Hourly
Rate Decal removal/disposal $85.00 $46.00 No Bid
2.6 Fee Hazardous Waste Removal $5.00 $0.00 No Bid
2.7 Fee Pre and Post Cover $168.00 $0.00 No Bid
$611.00 $370.00 $270.00
$1,065.00 $702.00 $450.00
0% Discount offered 1% Discount offered if
payment within 10 days.
2% Discount offered if
payment by EFT Transfer
1% Discount offered if
payment by EFT Transfer
Certification of Bid
GRAND TOTAL (GROUP I + GROUP II)
GROUP I - CARS & LIGHT TRUCKS
Completed Requirements Compliance Sheet
GROUP II - HEAVY TRUCKS
GROUP I - TOTAL
GROUP II - TOTAL
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:219-0462 Name:2019 Justice Assistance Grant
Status:Type:Agreement Consent Agenda
File created:In control:8/23/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action on an Interlocal Agreement (ILA) with Brazos County
and the City of Bryan to apply and accept a U.S. Department of Justice 2019 Justice Assistance Grant
(JAG).
Sponsors:Scott McCollum
Indexes:
Code sections:
Attachments:ILA - 2019 Byrne Memorial JAG Award
Action ByDate Action ResultVer.
Presentation, discussion, and possible action on an Interlocal Agreement (ILA) with Brazos County
and the City of Bryan to apply and accept a U.S. Department of Justice 2019 Justice Assistance
Grant (JAG).
Relationship to Strategic Goals:
·Financially Sustainable City
Recommendation(s): Staff recommends Council approval
Summary:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of
federal criminal justice funding to state and local jurisdictions and funds all components of the
criminal justice system.JAG funded projects may address crime even through the provision of
services directly to individuals and/or communities by improving the effectiveness and efficiency of
criminal justice systems, processes and procedures.
College Station Police Department intends to utilize this funding for the purpose of supporting local
initiatives, technical assistance, training, equipment, supplies, or information technology projects that
will improve or enhance law enforcement programs.
Budget & Financial Summary:
The 2019 JAG allocation for Brazos County is $44,635. This amount is based upon a statutory JAG
formula that considers the jurisdiction's share of state population and reported Part 1 violent crime
statistics. The grant has no match requirement.
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File #:19-0462,Version:2
Individual recommended allocations designated by the Department of Justice are: Brazos County:
$0.00, Bryan: $27,545 and College Station: $17,090 for a total of $44,635. Brazos County has been
certified as a disparate jurisdiction. As such, all jurisdictions must enter into an Interlocal Agreement
to specify an award distribution to each unit of local government in a manner that will address
disparity and furthermore, must apply for funding jointly.
College Station and Bryan Police Departments have agreed to provide 15% of their recommended
funding to Brazos County Sheriff's Office in an effort to address the disparity. After providing 15% to
the Brazos County Sheriff's Office, the allocations are as follows: Brazos County: $6,695.25 , Bryan:
$23,413.25, College Station: $14,526.50 for a total of $44,635.
College Station Police Department will serve as the administering agency.
Attachments:
Inter-local Agreement
College Station, TX Printed on 9/6/2019Page 2 of 2
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INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF
COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2019 BYRNE JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into by and between Brazos County, Texas
(hereinafter referred to as the “County”), acting through its Commissioners’ Court, the City of
College Station (hereinafter referred to as “College Station”), a Texas Home Rule Municipal
Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to
as “Bryan”), a Texas Home Rule Municipal Corporation, acting through its City Council.
WHEREAS, the County, College Station, and Bryan wish to submit a joint application for
grant funds under the U.S. Department of Justice’s 2019 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program; and
WHEREAS, as a condition precedent to receiving a JAG award, the County, College
Station, and Bryan are required to enter into an inter-local agreement designating one joint
applicant to serve as the applicant/fiscal agent for the joint funds; and
WHEREAS, College Station will serve as the applicant/fiscal agent; and
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each
other to perform governmental functions or services; and
WHEREAS, the parties represent that each is independently authorized to perform the
functions or services contemplated by this Agreement; and
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
best interests of all parties, that the undertaking will benefit the public, and that the division of
costs fairly compensates the performing party for the services or functions under this Agreement;
and
WHEREAS, College Station agrees to provide the County $6,695.25 from the JAG award
for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment,
supplies, contractual support, information technology, research and evaluation activities that will
improve or enhance law enforcement programs; and
WHEREAS, College Station agrees to provide Bryan $23,413.25 from the JAG award for
the purpose of supporting local initiatives, technical assistance, training, personnel, equipment,
supplies, contractual support, information technology, research and evaluation activities that will
improve or enhance law enforcement programs; and
WHEREAS, College Station shall use their $14,526.50 from the JAG award for the
purpose of supporting local initiatives, technical assistance, training, personnel, equipment,
supplies, contractual support, information technology, research and evaluation activities that will
improve or enhance law enforcement programs; and
WHEREAS, College Station, Bryan and the County believe it to be in their best interest
to reallocate the JAG funds as described above,
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
conditions contained herein, promise and agree as follows:
1. College Station agrees to pay the County a total of $6,695.25 of JAG funds.
2. The County agrees to use the $6,695.25 for the purpose of supporting local initiatives,
technical assistance, training, personnel, equipment, supplies, contractual support,
information technology, research and evaluation activities that will improve or enhance
law enforcement programs.
3. College Station agrees to pay Bryan a total of $23,413.25 of JAG funds.
4. Bryan agrees to use $23,413.25 for the purpose of supporting local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, information
technology, research and evaluation activities that will improve or enhance law
enforcement programs.
5. College Station agrees to retain a total of $14,526.50 of the JAG funds.
6. College Station agrees to use $14,526.50 for the purpose of supporting local initiatives,
technical assistance, training, personnel, equipment, supplies, contractual support,
information technology, research and evaluation activities that will improve or enhance
law enforcement programs.
7. The parties to this Agreement do not intend for any third party to obtain a right by virtue
of this Agreement.
8. By entering into this Agreement, the parties do not intend to create any obligations express
or implied other than those set out herein; further, this Agreement shall not create any rights
in any party not a signatory hereto.
9. No party shall have the right to direct or control the conduct of the other parties with respect
to the duties and obligations of each party under the terms of this Agreement.
10. Each entity shall ensure that all applicable laws and ordinances have been satisfied.
11. Effective Date and Term. This Agreement shall be effective when signed by the last party
who’s signing makes the Agreement fully executed and will remain in full force and effect
until September 30, 2020.
12. Indemnification Subject to the limitations as to damages and liability under the Texas
Tort Claims Act, and without waiving its governmental immunity, each party to this
Agreement agrees to hold harmless each other, its governing board, officers, agents and
employees for any liability, loss, damages, claims or causes of action caused, or asserted
to be caused, directly or indirectly by any other party to this Agreement, or any of its
officers, agents or employees as a result of its performance under this Agreement.
13. Consent to Suit. Nothing in this Agreement will be construed as a waiver or
relinquishment by any party of its right to claim such exemptions, privileges and
immunities as may be provided by law.
14. Invalidity: If any provision of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality
and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby. The parties shall use their best efforts to replace the respective provision or
provisions of this Agreement with legal terms and conditions approximating the original
intent of the parties.
15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been
duly served if delivered in person or sent by certified mail to the business address as listed
herein.
CITY OF COLLEGE STATION:
City Manager
City of College Station
P. O. Box 9960
College Station, Texas 77842
CITY OF BRYAN:
City Manager
City of Bryan
300 South Texas Avenue
Bryan, Texas 77803
BRAZOS COUNTY:
County Judge
Brazos County
300 East 29th Street, Suite 114
Bryan, Texas 77803
16. Entire Agreement. It is understood that this Agreement contains the entire agreement
between the parties and supersedes any and all prior agreements, arrangements, or
understandings between the parties relating to the subject matter. Nor oral understandings,
statements, promises, or inducements contrary to the terms of this Agreement exist. This
Agreement cannot be changed or terminated orally. No verbal agreement or conversation
with any officer, agent, or employee of any party before or after the execution of this
Agreement shall affect or modify any of the terms or obligations hereunder.
17. Amendment. No Amendment to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by duly authorized representatives of both parties.
18. Texas Law. This Agreement has been made under and shall be governed by the laws of
the State of Texas.
19. Place of Performance. Performance and all matters related thereto shall be in Brazos
County, Texas, United States of America.
20. Authority to Enter Contract. Each party has the full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party
has been properly authorized and empowered to enter into this Agreement. The persons
executing this Agreement hereby represent that they have authorization to sign on behalf
of their respective corporations.
21. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall
in no way constitute a waiver of that provision, nor in anyway affect the validity of this
Agreement, any part hereof, or the right of either party thereafter to enforce each and every
provision hereof. No term of this Agreement shall be deemed waived or breach excused
unless the waiver shall be in writing and signed b y the party claimed to have waived.
Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver
of or excuse any other different or subsequent breach.
22. Agreement Read. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this Agreement.
23. Assignment. This Agreement and the rights and obligations contained herein may not be
assigned by any party without the prior written approval of the other parties to this
Agreement.
24. Multiple Originals. It is understood and agreed that this Agreement may be executed in
a number of identical counterparts, each of which shall be deemed an original for all
purposes.
EXECUTED this the _________ day of _______________, 2019 by CITY OF BRYAN.
CITY OF BRYAN
By: _____________________
Andrew Nelson
Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________
Mary Lynn Stratta City Attorney
City Secretary
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared, ANDREW NELSON, Mayor of Bryan, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ______ day of ___________, A.D. 201 9.
_____________________________
Notary Public, State of Texas
My Commission Expires: ____________
EXECUTED this the ______ day of __________________, 2019 by CITY OF COLLEGE STATION.
CITY OF COLLEGE STATION
By: ________________________________
Karl Mooney
Mayor
ATTEST: APPROVED:
_______________________________________ ______________________________________
Tanya D. Smith City Manager
City Secretary
______________________________________
City Attorney
______________________________________
Assistant City Attorney/ CFO
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared KARL MOONEY, Mayor of College Station, Texas, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________ day of ____________, A.D. 2019.
_______________________________________
Notary Public, State of Texas
My Commission Expires: __________________
EXECUTED this the __________ day of _________________, 2019 by BRAZOS COUNTY.
COUNTY OF BRAZOS
By: _______________________________________
DUANE PETERS
County Judge
ATTEST: APPROVED AS TO FORM:
_____________________________________ _______________________________________
Karen McQueen Counsel for Brazos County
County Clerk
ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared DUANE PETERS, County Judge of Brazos County, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose
and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________ day of ____________, A.D. 2019.
_______________________________________
Notary Public, State of Texas
My Commission Expires: ________________
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0481 Name:Church Ave 4-way Stop
Status:Type:Ordinance Consent Agenda
File created:In control:8/27/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action on the consideration of an ordinance amending Chapter
38, "Traffic and Vehicles," Articles VI, "Traffic Schedules," Section 38-1002 "Traffic Schedule II, Four
Way Stop Intersections," of the Code of Ordinances of the City of College Station, Texas by
implementing a four-way stop intersection at Church Avenue East and West Bound at Second Street
and the Public Way of the Northgate Surface Parking Lot.
Sponsors:Debbie Eller
Indexes:
Code sections:
Attachments:1. Proposed Amendment - Chap 38 Sec 38 -1002
2. Location Map
Action ByDate Action ResultVer.
Presentation, discussion, and possible action on the consideration of an ordinance amending
Chapter 38, "Traffic and Vehicles," Articles VI, "Traffic Schedules," Section 38-1002 "Traffic Schedule
II, Four Way Stop Intersections," of the Code of Ordinances of the City of College Station, Texas by
implementing a four-way stop intersection at Church Avenue East and West Bound at Second Street
and the Public Way of the Northgate Surface Parking Lot.
Relationship to Strategic Goals: (Select all that apply)
·Core Services and Infrastructure
·Improving Mobility
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: To improve safety and mobility for people driving, walking, and riding bicycles in the
Northgate District, a four-way stop is recommended by the consultant conducting the Northgate
District Study and Implementation Plan to Address Operational Challenges. This recommendation
was included in the Immediate Action Plan for Operations in the Northgate District. The Traffic
Management Team reviewed this recommendation and approved requesting the ordinance revision
to be considered by City Council.
This proposal was relayed by email to the Northgate District Association and feedback was
requested. Comments will be provided at the City Council meeting.
This ordinance allows for the implementation and enforcement of a three-way stop at this intersection
to improve safety and mobility for residents and visitor to the Northgate District.
College Station, TX Printed on 9/6/2019Page 1 of 2
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File #:19-0481,Version:1
Budget & Financial Summary: The installation of the Stop Signs and Stop Bars is covered in the
traffic operations budget.
Attachments:
1.Ordinance
2.Location Map
College Station, TX Printed on 9/6/2019Page 2 of 2
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Ordinance Form 8-14-17
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE
VI, “TRAFFIC SCHEDULES,” SECTION 38-1002 “TRAFFIC SCHEDULE II, FOUR
WAY STOP INTERSECTIONS”, BY ADDING CHURCH AVENUE AT THE
INTERSECTION OF SECOND STREET AND THE PUBLIC WAY OF THE
NORTHGATE SURFACE PARKING LOT, OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET
OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section
38-1003 “Traffic Schedule III, Stop Signs” 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 ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. _________ Page 2 of 3
Ordinance Form 8-14-17
PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. _________ Page 3 of 3
Ordinance Form 8-14-17
Exhibit A
That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1002 “Traffic
Schedule II, Four Way Stop Intersections” is hereby amended by adding and is to read as follows:
Church Avenue at the intersection of Second Street and the Public Way of the Northgate Surface
Parking Lot.
!"$
!"$
!"$
!"$
!"$
!"$
!"$
!"$
!"$
!"$
!"$!"$
PR OPOSED NEW 4-W AY STOP NEW STOP SIGN
NEW STOP SIGN
SU RFACE LOT
NG PARKING GARAGE
Church AvenueChurch AvenueH
ouston
H
ouston
Street
Street
PatriciaPatriciaStreetStreetUniversity DriveUniversity DriveLodge Street
Lodge Street
Boyett Street
Boyett Street Patricia StreetPatricia StreetSecond
Second
Street
Street
C
ollege Main
C
ollege Main
Houston Street
Houston StreetUniversity DriveUniversity DrivePropo sed Al l-Way Stop Intersection µChurch Avenue and Second Street - Northgate District
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0484 Name:Traffic Signs and Posts Contract Renewal
Status:Type:Renewal Consent Agenda
File created:In control:8/29/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Presentation, discussion, and possible action regarding renewal of contracts from Bid #18-114 for
prefabricated signs and sign blanks in the amount of $54,224.50 with Vulcan Signs and for posts and
hardware in the amount of $61,585.00 with Dobie Supply.
Sponsors:Donald Harmon
Indexes:
Code sections:
Attachments:Contract Renewal Dobie Supply - Signed 070919
Contract Renewal Vulcan Inc-Signed 070219
Action ByDate Action ResultVer.
Presentation,discussion,and possible action regarding renewal of contracts from Bid #18-114 for
prefabricated signs and sign blanks in the amount of $54,224.50 with Vulcan Signs and for posts and
hardware in the amount of $61,585.00 with Dobie Supply.
Relationship to Strategic Goals:
·Core Services and Infrastructure
Recommendation(s): Staff recommends renewing the contracts from Bid # 18-114 for prefabricated
signs and sign blanks in the amount of $54,224.50 with Vulcan Signs Incorporated. Staff also
recommends renewing the contract for posts and hardware in the amount of $61,585.00 with Dobie
Supply.
Summary:This will be the first of two renewal options.These two contracts will provide materials to
fabricate and install traffic signs throughout the City.
Budget & Financial Summary: Funds are available in the Traffic Operations annual budget.
Attachments:
1. Contracts are on file in the City Secretary's office.
2. Renewal letters.
College Station, TX Printed on 9/6/2019Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0445 Name:Public Hearing for FY2019-2020 Proposed Budget
Status:Type:Presentation Agenda Ready
File created:In control:8/13/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Public Hearing, presentation, discussion, and possible action on the City of College Station FY2019-
2020 Proposed Budget.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Hearing, presentation, discussion, and possible action on the City of College Station FY2019-2020
Proposed Budget.
Recommendation(s):Hold public hearing on Proposed Budget and receive citizen input.Provide
direction to staff on budget.
Summary:The City Charter requires that the City Council call and hold a public hearing on the proposed
budget;and that after such public hearing,the Council may insert or decrease items so long as the total
of any increases and insertions do not increase the total budget by more than 3%.
The Proposed Budget was presented to the City Council on August 12,2019.Three budget workshops
were held to review the proposed budget on August 12th, August 13th and August 14th.
On August 12,2019,the City Council called a public hearing on the FY2019-2020 Proposed Budget.A
notice announcing the public hearing was published in accordance with City Charter and State Law
requirements.
The FY2019-2020 Budget is scheduled to be adopted on September 26, 2019.
Budgetary and Financial Summary: The following is an overall summary of the proposed budget.
Subtotal Operation and Maintenance: $269,986,220
Subtotal Capital: $71,171,087
Total Proposed Budget: $341,157,307
Attachments:NA
College Station, TX Printed on 9/6/2019Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0447 Name:Public Hearing #2 for FY 20 Ad Valorem Tax Rate
Status:Type:Presentation Agenda Ready
File created:In control:8/13/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Public Hearing, presentation, discussion, and possible action on the City of College Station 2020
advertised ad valorem tax rate of $0.534618 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.
Sponsors:Mary Ellen Leonard
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Hearing, presentation, discussion, and possible action on the City of College Station 2020
advertised ad valorem tax rate of $0.534618 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.
Recommendation(s):Hold public hearing and receive citizen input on the tax rate.
Summary:The Texas Property Tax Code requires that if an entity wishes to increase tax revenues over
the effective tax rate then that entity must call and hold two public hearings on the proposed tax rate.
Following each public hearing the City Council must announce the meeting date,time and place to adopt
the tax rate.
The tax rate that the City Council announced it would hold the public hearings on is $0.534618 per $100
assessed valuation.
The notice of this public hearing was placed in the Eagle,as well as on the City's internet site,and the
City's television channel.
This is the second public hearing on the tax rate.The first public hearing was held on Thursday August
22. The City Council will vote on the tax rate on Thursday September 26 at 6:00 PM.
Budgetary and Financial Summary:The public hearing tax rate of $0.534618 per $100 assessed
valuation will generate $51,722,744 in taxes.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:N/A
College Station, TX Printed on 9/6/2019Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0474 Name:Pebble Creek at Rock Prairie Rezoning
Status:Type:Rezoning Agenda Ready
File created:In control:8/26/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Article 4, Zoning Districts,” Section 4.2, “Official
Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning
district boundaries from R Rural to RS Restricted Suburban, GC General Commercial, O Office, and
NAP Natural Areas Protected for approximately 210 acres generally located at the intersection of
Rock Prairie Road and William D. Fitch Parkway.
Sponsors:Lauren Hovde
Indexes:
Code sections:
Attachments:Ordinance
Background Information
Vicinity Map, Aerial, & Small Area Map
Applicant's Supporting Information
Rezoning Exhibit
Rezoning Map
Action ByDate Action ResultVer.
Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A,
“Unified Development Ordinance,” Article 4, Zoning Districts,” Section 4.2, “Official Zoning Map,” of the Code
of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to
RS Restricted Suburban, GC General Commercial, O Office, and NAP Natural Areas Protected for
approximately 210 acres generally located at the intersection of Rock Prairie Road and William D. Fitch
Parkway.
Relationship to Strategic Goals:
·Diverse Growing Economy
Recommendations: The Planning & Zoning Commission heard this item at their August 15, 2019 meeting and
voted 5-1 to recommend approval of the rezoning request. Staff also recommends approval of the request.
Summary: The applicant is requesting to rezone the subject property from R Rural to RS Restricted Suburban,
GC General Commercial, O Office, and NAP Natural Areas Protected. The change in zoning allows for a 175-
acre continuation of the Pebble Creek Subdivision with an additional non-residential component of
approximately 18 acres. This proposal also includes the protection of approximately 17 acres of floodplain
through an NAP Natural Areas Protected zoning abutting the Pebble Creek Golf Course.
REZONING REVIEW CRITERIA
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1.Whether the proposal is consistent with the Comprehensive Plan: The subject
property is designated on the Comprehensive Plan Future Land Use and Character Map as Restricted
Suburban, General Commercial, Natural Areas-Reserved, and Natural Areas-Protected which
coincides with the proposed rezoning request.
The majority of the property has a future land use designation of Restricted Suburban which is
intended for a moderate level of single-family housing with lot sizes averaging 8,000 square feet in
area. RS Restricted Suburban zoning is appropriate for this land use designation. In 2018, City Council
approved a Comprehensive Plan Land Use and Character Map amendment for 29 acres on the
subject tract from Rural to General Commercial. General Commercial is intended for concentrations of
commercial activities that cater to both nearby residents and to the larger community or region.
Generally, these areas tend to be large in size and located near the intersection of two regionally
significant roads (arterials and freeways). Both GC General Commercial and O Office are appropriate
zoning districts for this land use designation. Natural Areas-Reserved and Natural Areas-Protected
both apply development constraints to properties based on natural features such as floodplain,
floodway, or riparian buffers. For the subject property, designated floodplain areas will be rezoned with
the NAP Natural Area-Protected zoning district.
2. Whether the uses permitted by the proposed zoning district will be appropriate in the
context of the surrounding area: The continuation of Pebble Creek as a RS Restricted Suburban
residential development is consistent with the active 1998 Pebble Creek Master Plan. The land east of
Rock Prairie is developed as estate-style single-family housing subdivisions, and the property to the
west is consistently medium-density housing which includes previous phases of Pebble Creek, Stone
Ridge, and The Crossing at Lick Creek. Rock Prairie Road, a future 4-Lane Major Arterial, will act as a
point of transition between the medium-density single-family housing development style to the low-
density housing the east side of the right-of-way.
The GC General Commercial zoning district allows for a variety of land uses including restaurants
(including drive-thru restaurants), hotels, offices, and retail sales. These uses will complement the
increasing density associated with the proposed 175 acres of single-family residential housing. It is also
suitable match to the non-residential activity occurring north of William D. Fitch Parkway at the College
Station ISD bus barn and future suburban commercial at the diagonal of the abutting intersection of Rock
Prairie Road.
The addition of O Office uses provides a transition from the single-family development along William D.
Fitch Parkway to the more intense proposed GC General Commercial. O Office also acts as a buffer for
the residential uses against William D. Fitch Parkway, a future 6-Lane Major Arterial. Uses allowed within
this district are low-intensity and considered complimentary to single-family development.
3.Whether the property to be rezoned is physically suitable for the proposed zoning district:
Located near the intersection of two major roadways, GC General Commercial and O Office are
appropriate zoning districts based on location. An oil well and its associated blast zone are located within
the GC General Commercial portion of the request so residential development should be clear from any
future hazard concerns related to that well.
In regards to the floodplain areas located on site, 17 acres of floodplain land are included in the request
as NAP Natural Areas-Protected. This will prohibit the sale of this land to individuals for residential use. A
drainage study will be required upon development of the site to ensure storm water movement post
development does not negatively impact the nearby Lick Creek Tributary and floodplain.
4.Whether there is available water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for uses permitted by the proposed zoning district:Water service
will be provided by the City of College Station. There is an existing 18-inch water main along William D
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Fitch, and a 12-inch future water master plan line planned along Rock Prairie Road. There is an existing
12-inch sewer line along William D Fitch. Public infrastructure will be required to be designed and
constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure appears to
currently have capacity to adequately serve the propose uses.
The site is in the Lick Creek Drainage basin and generally drains towards Lick Creek Tributary 8. With site
development, detention will not be required per currently adopted Watershed Timing assessment if the
site directly discharges into Lick Creek Tributary 8. Drainage improvements are required to be designed
and constructed in accordance with B/CS Unified Storm Water Design Guidelines, and site development
impacts on the drainage systems will be evaluated further at that time.
The subject tract has frontage to William D. Fitch Parkway which is designated on the Thoroughfare Plan
as a future 6-lane Major Arterial and currently constructed as a 4-lane Major Arterial in this area. The tract
also has frontage to Rock Prairie Road which is designated as a future 4-lane Major Arterial and currently
constructed as a 2-lane rural section roadway. A future 2-lane Minor Collector internal to the tract
connects William D. Fitch Parkway and Rock Prairie Road and will be constructed with the development
of the tract.
A traffic impact analysis (TIA) was performed for the proposed zoning request. With build out of residential
in 2023, mitigation of an all-way stop at Williams D. Fitch Parkway and Pebble Creek Parkway may be
needed. A warrant analysis should be performed in the future with development of the tract. The City has
funds to design the extension of the Pebble Creek Parkway through the proposed Midtown Business Park
to the north and a traffic signal at William D. Fitch Parkway and Pebble Creek Parkway is being
considered as part of those plans. With the build out of the commercial portion in 2026, a traffic signal will
likely be needed at William D. Fitch Parkway and Rock Prairie Road with additional turn lanes being
added on Rock Prairie Road. The TIA will likely need to be updated at the time of preliminary plan and site
development to update the traffic assumptions and confirm the need for potential mitigation.
5.The marketability of the property:As part of a Pebble Creek development, the medium-density
single-family housing options, with an average lot area of 8,000, will accommodate for the increasing
desire of the population to move to the southern portion of the City while staying within the College Station
school district.With single-family development density increasing in the southeastern portion of the City
and ETJ, a need for additional commercial options in that vicinity will occur. The location proposed for the
GC General Commercial and O Office zoning districts, being the intersection of a future 6-Lane Major
Arterial and 4-Lane Major Arterial, is well situated to serve development in this area. Future traffic
mitigation, such as a signalized intersection, will increase the safety for patron use of that commercial
area making it a more desirable property. Therefore, Staff believes there to be positive marketability of this
property for the zoning districts proposed.
Budget & Financial Summary: N/A
Attachments:
1.Ordinance
2.Background Information
3.Vicinity Map, Aerial, & Small Area Map
4.Application Supporting Information
5.Rezoning Exhibit
6.Rezoning Map
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ORDINANCE NO. _____
AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 12-4.2, “OFFICIAL
ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES
AFFECTING APPROXIMATELY 210 ACRES GENERALLY LOCATED AT THE
INTERSECTION OF ROCK PRAIRIE ROAD AND WILLIAM D. FITCH PARKWAY
FROM R RURAL TO RS RESTRICTED SUBURBAN, GC GENERAL COMMERCIAL,
O OFFICE, AND NAP NATURAL AREAS PROTECTED; 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 Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,”
Section 12-4.2 “Official Zoning Map” of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”,
Exhibit “D”, Exhibit “E”, Exhibit “F”, and Exhibit “G” 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 13
PASSED, ADOPTED, and APPROVED this 12th day of September, 2019.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. ____________ Page 3 of 13
Exhibit A
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended as follows:
The following property is rezoned from R Rural to RS Restricted Suburban:
ORDINANCE NO. ____________ Page 4 of 13
ORDINANCE NO. ____________ Page 5 of 13
ORDINANCE NO. ____________ Page 6 of 13
Exhibit B
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended as follows:
The following property is rezoned from R Rural to GC General Commercial:
ORDINANCE NO. ____________ Page 7 of 13
Exhibit C
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended as follows:
The following property is rezoned from R Rural to NAP Natural Area Protected:
ORDINANCE NO. ____________ Page 8 of 13
ORDINANCE NO. ____________ Page 9 of 13
Exhibit D
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended as follows:
The following property is rezoned from R Rural to O Office:
ORDINANCE NO. ____________ Page 10 of 13
Exhibit E
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 12-
4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended as follows:
The following property is rezoned from R Rural to NAP Natural Area Protected:
ORDINANCE NO. ____________ Page 11 of 13
ORDINANCE NO. ____________ Page 12 of 13
Exhibit F
ORDINANCE NO. ____________ Page 13 of 13
Exhibit G
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: August 15, 2019
Advertised Council Hearing Date: September 12, 2019
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Pebble Creek HOA
The Crossing at Lick Creek HOA
Williams Creek Owners Association
Property owner notices mailed: Thirty-six (36)
Contacts in support: None at the time of this report
Contacts in opposition: One at the time of this report. Voiced concerns were related to
traffic, road conditions, and the intensity of commercial uses
allowed by GC General Commercial.
Inquiry contacts: Five at the time of this report
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
William D Fitch
Parkway
(6-Lane Major Arterial)
William D Fitch
Parkway
(4-Lane Major Arterial)
South
Restricted Suburban,
Natural Areas-
Reserved and Natural
Area- Protected
R1-B Single Family
Residential and R Rural
The Crossing at Lick
Creek Subdivision and
Undeveloped
East Rock Prairie Road
(4-Lane Major Arterial)
Rock Prairie Road
(2-Lane Major
Collector- Rural)
West
Restricted Suburban,
Natural Areas-
Reserved and Natural
Area- Protected
RS Restricted Suburban
and R Rural
Pebble Creek
Subdivision and Pebble
Creek Golf Course
DEVELOPMENT HISTORY
Annexation: 1983
Zoning: A-O Agricultural Open upon annexation
A-O Agricultural Open renamed to R Rural in 2013
Final Plat: Unplatted
Site development: Undeveloped with an oil well on site
Name of Project:PEBBLE CREEK (ROCK PRAIRE)
Address:1998 WILLIAM D FITCH PKWY
Legal Description:A020201, S W ROBERTSON (ICL), TRACT 14.4, 209.53 ACRES, FUTURE PHS'S
OF PEBBLE CREEK-EAST OF PEBBLE CREEK PKWY
Total Acreage:209.53
Applicant::
Property Owner:PEBBLE CREEK LAND CO
MCCLURE AND BROWNE
List the changed or changing conditions in the area or in the City which make this zone change
necessary.
This property is identified on the City's Land Use Plan to be developed as restricted suburban. In order to
develop the property it must be rezoned from Rural as required by City Ordinance.
Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not,
explain why the Plan is incorrect.
This re-zoning is in compliance with the Comprehensive Plan.
How will this zone change be compatible with the present zoning and conforming uses of nearby
property and with the character of the neighborhood?
The land under current zoning can only be utilized as agricultural land. With other developments in the area, this
is not the best use of the subject property.
REZONING APPLICATION
SUPPORTING INFORMATION
Page 1 of 2
Explain the suitability of the property for uses permitted by the rezoning district requested.
This property is suited for single family residential. It has access on 2 roadways and has existing utility services
in the area that can be utilized for the development.
Explain the suitability of the property for uses permitted by the current zoning district.
This property is suited for single family residential. It has access on 2 roadways and has existing utility services
in the area that can be utilized for the development.
Explain the marketability of the property for uses permitted by the current zoning district.
The land can only be used as agricultural land which has limited marketability.
List any other reasons to support this zone change.
None
Page 2 of 2
SITE
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0475 Name:Creek Place CPA
Status:Type:Comprehensive Plan Agenda Ready
File created:In control:8/26/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the
Comprehensive Plan - Future Land Use and Character Map from Suburban Commercial and Natural
Areas Reserved to General Commercial, Urban, and Natural Areas Reserved for approximately 8.7
acres of land located at 2709 Texas Avenue South.
Sponsors:Justin Constantino
Indexes:
Code sections:
Attachments:Vicinity Map, Aerial, & Small Area Map
Background Information
Comprehensive Plan Exhibit
Application
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the
Comprehensive Plan - Future Land Use and Character Map from Suburban Commercial and Natural Areas
Reserved to General Commercial, Urban, and Natural Areas Reserved for approximately 8.7 acres of land
located at 2709 Texas Avenue South.
Relationship to Strategic Goals:
·Diverse Growing Economy
Recommendations: The Planning and Zoning Commission considered this item on August 15, 2019 and voted
6-0 to recommend approval. Staff also recommends approval.
Summary: The applicant has requested an amendment to the Comprehensive Plan’s Future Land Use and
Character Map from Suburban Commercial and Natural Areas Reserved to General Commercial, Urban, and
Natural Areas Reserved as a step toward permitting commercial and multi-family development on
approximately 8.7 acres located at 2709 Texas Avenue South.
REVIEW CRITERIA
1.Changed or changing conditions in the subject area of the City:The subject properties have a
future land use designation of Suburban Commercial and Natural Areas Reserved, but are currently
entitled to more intense land uses through their current zoning of GC General Commercial and O
Office.
The adjacent properties located to the northwest are designated as Natural Areas Reserved and
adjacent properties to the southeast are designated as Suburban Commercial on the Comprehensive
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Plan Future Land Use and Character Map. Properties across Texas Avenue South are designated as
General Commercial and properties across Harvey Mitchell Parkway are designated as Urban on the
Comprehensive Plan Future Land Use and Character Map.
The subject property is partially located in the Bee Creek natural planning corridor as indicated on the
Comprehensive Plan’s Concept Map. According to the Comprehensive Plan, the focus of this natural
planning corridor should be on the continued restoration of the creek, development of recreational
opportunities, and expansion of its role in linking adjacent areas. In the 2018 update of the Bicycle,
Pedestrian and Greenways Master Plan, the multiuse trail that was previously planned to be along the
creek was relocated to follow Dartmouth Street to Krenek Tap and Harvey Mitchell Parkway. As a
result, the floodplain area along Bee Creek and around the subject property will likely remain natural
open space rather than become recreational in nature.
Generally, there has been increasing development pressure in the general area surrounding the
subject property. The property located across Harvey Mitchell Parkway South northeast of the subject
property was rezoned to MF Multi-family in 2017. The property was platted in January 2019 as
Bertrand Subdivision Phase 1 and proposes one multi-family lot on approximately 17.4 acres. The
project also includes the extension of Dartmouth Street through the Bertrand properties. The almost
one acre property adjacent to the Bertrand Subdivision was rezoned from GS General Suburban to MF
Multi-family in August 2019. These residential changes in the subject area from single-family to multi-
family compliments the 4.03 acre portion of the subject property that is being requested to be amended
to Urban on the Comprehensive Plan Future Land Use and Character Map. Across Bee Creek, north
of the subject property, the new police station is set to be relocated to the Krenek Tap and Dartmouth
intersection. In the general vicinity of the subject property, park facilities are expanding at Central Park
and a Red Lion Suites hotel is currently under construction at the intersection of Texas Avenue South
and Morgans Lane. Given this increased development activity in the area, the proposed amendment
from Suburban Commercial and Natural Areas Reserved to General Commercial, Urban, and Natural
Areas Reserved would be more representative of the evolving subject area.
2.Compatibility with the existing uses, development patterns, and character of the immediate area
concerned, the general area, and the City as a whole:The immediate area consists of commercial
businesses with uses including retail sales and service that function to serve the entire community and
its visitors. For the proposed General Commercial portion, the adjacent lot to the northwest is occupied
by the existing City of College Station Police Department, while the adjacent lot to the southeast is
occupied by a Midas Auto Repair shop. The property located across Texas Avenue South is a retail
center containing various commercial businesses including a grocery store, Autozone Auto Parts store,
and a Tractor Supply Co. store. Single family homes are located adjacent to the proposed Urban
portion of the subject property. These existing single family properties take direct access to a major
arterial and are not a land use that is in compliance with their Suburban Commercial Future Land Use
designation on the Comprehensive Plan.
The current Suburban Commercial land use designation of the subject properties is meant for
commercial activities that cater to primarily nearby residents versus the larger community or region.
The general area has seen considerable growth consisting of existing and developing land uses such
as drive-thru restaurants, a gas station, multi-tenant retail centers, and varying degrees of residential
uses. While General Commercial and Urban are more intense uses than the current land use
designation of Suburban Commercial, the proposed designations are more appropriate for the area
and would allow for the continuation of commercial and mixed-use developments more suitable for the
corridors of Texas Avenue South and Harvey Mitchell Parkway. The proposed amendment is consistent
with future land use and character designations of the area and compatible with the development that
exists and is currently happening in central College Station.
3.Impact on environmentally sensitive and natural areas: The subject property is located adjacent to
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the Bee Creek tributary and a portion of the subject property lies within the FEMA-regulated floodplain.
The applicant will be reclaiming a small portion of the floodplain and has maintained a portion of the
subject properties as Natural Areas-Reserved as part of the amendment request. The Natural Areas
Reserved designation is generally meant for areas that represent a constraint to development and
should be preserved for their natural function or open space qualities. The applicant intends to provide
compensatory storage and will be required to meet BCS Guidelines regarding the tributary during
development of the subject properties.
4.Impacts on infrastructure including water, wastewater, drainage, and the transportation
network: The subject properties will be served by existing water lines along Texas Avenue South and
Harvey Mitchell Parkway South, and an existing sewer line through the tract. Domestic water service
and fire flow coverage will be provided by the City of College Station. Sanitary sewer will be provided
by the City of College Station. A water and sewer demand letter was provided by the applicant as part
of this amendment request, and there were no issues with capacity based on the information provided.
This will be monitored with any future development applications.
The subject property has frontage to both Texas Avenue South (a 6-lane Major Arterial) and Harvey
Mitchell Parkway (a future 6-lane Major Arterial). A change in the future land use designation of the
proposed scale will not have a substantial impact on the capacity of the planned thoroughfares in the
area to support the development.
A portion of the subject property lies within the FEMA-regulated floodway and floodplain. Any future
development will be required to comply with the City’s drainage ordinances and the BCS Drainage
Design Guidelines. The subject property must also comply with the City’s No Adverse Impact
requirements. A traffic impact analysis may be performed at the time of a future rezoning request
and/or site development depending on the scale and uses that are proposed.
5.Consistency with the goals and strategies set forth in the Comprehensive Plan:The proposal is
consistent with the goals and strategies of the Comprehensive Plan. The goal for College Station’s
Future Land Use and Character is to create a community with strong, unique neighborhoods, protected
rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The
proposed General Commercial, Urban, and Natural Areas Reserved land uses encourage compatible
growth by providing the option for a mix of appropriate commercial uses near the intersection of two
major thoroughfares, continued designation of floodplain as reserved open space, and housing options
needed to support the residents in the area.
Budget & Financial Summary: N/A
Legal Review: Yes
Attachments:
1.Ordinance
2.Vicinity, Aerial, and Small Area Map
3.Background Information
4.Comprehensive Plan Exhibit
5.Application
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: August 15, 2019
Advertised Council Hearing Date: September 12, 2019
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: None
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: One at the time of this report
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Natural Areas
Reserved General Suburban Vacant
South Texas Avenue South
(6-lane major arterial) n/a Texas Avenue South (6-
lane major arterial)
East
Suburban Commercial
& Harvey Mitchell
Parkway (Proposed 6-
lane major arterial)
General Commercial Commercial
West Natural Areas
Reserved
General Commercial &
General Suburban
College Station Police
Station & Facilities
DEVELOPMENT HISTORY
Annexation: 1969
Zoning: All properties Annexed as District No. 2, Second Dwelling House District in
1969 Under Ordinance No. 625
District No. 2 renamed R-1 Single Family Residential in 1972
Southern portion of 9.09 Acre Property
R-1 Single Family Residential rezoned to C-1 General Commercial in 1983
C-1 General Commercial renamed to GC General Commercial in 2012
Northern portion of 9.09 Acre Property
R-1 Single Family Residential rezoned to A-P Administrative Professional in 1983
A-P Administrative Professional renamed to O Office in 2012
1.04 acre property
R-1 Single Family Residential rezoned to C-1 General Commercial in 1986
C-1 General Commercial renamed to GC General Commercial in 2012
4.03 acre property
R-1 Single Family Residential rezoned to C-1 General Commercial in 1986
C-1 General Commercial renamed to GC General Commercial in 2012
Final Plat: 9.09 Acre Property
Unplatted
1.04 acre property
Platted as Lakeview Acres Lot 1 in 1945
Replatted as Lakeview Acres Lot 1C in 1992
4.03 acre property
Platted as Lakeview Acres Lot 2 in 1945
Replatted as Lakeview Acres Lot 2A in 1992
Site development: All properties are undeveloped
According to the Flood In suranc eRate Map s for Brazos County,Texas and incorporated area s Ma pNumber 48041 C0310F ma prevised April 2, 2014, this prope rtyis located in a Special FloodHazard Area.
July 2019
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T. 979.260.6963F. 979.260.3564
3204 Earl Rudder FWY SCollege Station, TX 77845
Plan & Design Specialists in Civil · Engineering · HydraulicsHydrology · Utilities · StreetsSite Plans · Subdivisions
www.mitchellandmorgan.com
The Creek Place Development£GREAT AGGIE LAND LLCA004601, M RECTOR (ICL), TRACT 4 69.09 ACCurrent Zoning : GC - General Commercial &O - Office
GREAT AGGIE LAND LLCLOT 2A, L AKEVIEW ACRE S SUB DIVISION4.03 ACCurrent Zoning: GC - General Comme rcial
GREAT AGGIE LAND LLCLOT 1C, LAKE VIEW ACRES SUBDIVISION1.04 ACCurrent Zoning: GC - General CommercialJOHN W & ALICE JORDANLOT 3B, LAKEVIEW ACRES SUB DIVISION3.44 ACCurrent Zoning : GS - General S uburban
BO NAFIDE ACQUISITIONS LL CLOT 3A, LAKEVIEW ACRE S SUBDIVISIO N0.91 ACCurrent Zoning: GS - General Su bur ban
JAMIE DVM BRITTONLOT 4A & 4D, LAKEVIEW ACRES SUBDIVISION3.27 ACCurrent Zoning: GS - General S uburban
ANN DUKE , ETALA004601, M RECTOR (ICL ), TRACT 3.13.62 ACCurrent Zoning: GS - General S uburban
CITY OF COLL EGE S TATIONA004601, M RECTOR (ICL), TRACT 3 220.88 ACCurrent Zoning : GS - General S uburban
CITY OF COLLEGE S TATIONA004601, M RECTOR (ICL ), TRACT 4219.92 ACCurrent Zoning: GS - General S uburban
BRANCH BANKING & TRUST COLOT 1A, LAKEVIEW ACRES SUBDIVISION2.60 ACCurrent Zoning: GC - General Commercial
DONALD R & MYRTLE R OTTOLOT 1B, LAKE VIEW ACRES SUBDIVISION0.84 ACCurrent Zoning: GC - General CommercialGRE AT AGGIE LAND LLCA004601, M RECTOR (ICL), TRACT 4 69.09 ACCurrent Zoning: GC - General Co mmercial& O - Office
GREAT AGGIE LAND LLCLOT 2A, L AKEVIEW ACRE S SUB DIVISION4.0 3 ACCurrent Zoning: GC - General Comme rcial
GREAT AGGIE LAND LLCLOT 1C, LAKE VIEW ACRES SUBDIVISION1.04 ACCurrent Zoning: GC - General CommercialJOHN W & ALICE JORDANLOT 3B, LAKEVIEW ACRES SUBDIVISION3.44 ACCurrent Zoning : GS - General S uburban
BONAFIDE A CQUISITIONS LLCLOT 3A, LAKE VIEW ACRES SUBDIVISION0.91 ACCurrent Zoning: GS - G eneral Suburban
JAMIE DVM BRITTONLOT 4A & 4D, LAKEVIEW ACRES SUBDIVISION3.27 ACCurrent Zoning : GS - General S uburban
ANN DUKE , ETALA004601, M RECTOR (ICL ), TRACT 3.13.62 ACCurrent Zoning: GS - General S uburban
CITY OF COLLEGE S TATIONA004601, M RECTOR (ICL ), TRACT 3220.88 ACCurrent Zoning: GS - General S uburban
CITY OF COLLEGE S TATIONA004601, M RECTOR (ICL ), TRACT 4219.92 ACCurrent Zoning: GS - General S uburban
BRANCH BANKING & TRUST COLOT 1A, LAKEVIEW ACRES SUBDIVISION2.60 ACCurrent Zoning: GC - General Commercial
DONALD R & MYRTLE R OTTOLOT 1B, LAKE VIEW ACRES SUBDIVISION0.84 ACCurrent Zoning: GC - General CommercialGC - GENERA L COMMERCIAL1.0 4 AC
GC - GENERA L COMMERCIAL1.5 9 AC
Floodway
100-YR Floodplain
Thoroughfare Plan
6 Lane Major Arterial
Proposed 6 Lane Major Arterial
Comp Plan Land Use
120 - 250 - Urban
210 - General Commercial
200 - Suburban Commercial
800 - Natural Areas - Reserved
0 50 10025 Feet
1 inch = 100 feet
U - URBA N2.9 5 AC
GC - GENERA LCOMMERCIAL0.48 AC
GC - GENERA LCOMMERCIAL0.2 7 AC
GC - GENERAL COMMERCIAL0.73 AC
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE
COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE
PLAN – FUTURE LAND USE & CHARACTER MAP FROM SUBURBAN COMMERCIAL
AND NATURAL AREAS RESERVED TO GENERAL COMMERCIAL, URBAN, AND
NATURAL AREAS RESERVED FOR APPROXIMATELY 8.7 ACRES OF LAND LOCATED
AT 2709 TEXAS AVENUE SOUTH; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED
THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended
by adding new Subsection C.2.mm of Exhibit “A” thereto as set out in Exhibit “A”
attached hereto and made a part hereof; and by amending the Comprehensive Plan
Future Land Use and Character Map as set out in Exhibit “B” attached hereto and
made a part hereof for the identified area.
PART 2: That if any provisions of any section of this Ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this Ordinance, which shall remain in full force and effect.
PART 3: That this Ordinance shall take effect immediately from and after its passage.
PASSED, ADOPTED and APPROVED this 12th day of September, 2019.
ATTEST: APPROVED:
_____________________________ _________________________________
City Secretary Mayor
APPROVED:
___________________________
City Attorney
ORDINANCE NO. ________ Page 2 of 8
EXHIBIT A
That Ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended,
is hereby amended by adding new subsections C.2.mm. to Exhibit “A” of said plan for Exhibit “A” to
read in its entirety as follows:
“EXHIBIT ‘A’
A. Comprehensive Plan
The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following:
1. Introduction;
2. Community Character;
3. Neighborhood Integrity;
4. Economic Development;
5. Parks, Greenways & the Arts;
6. Transportation;
7. Municipal Services & Community Facilities;
8. Growth Management and Capacity; and
9. Implementation and Administration.
B. Master Plans
The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan:
1. The Northgate Redevelopment Plan dated November 1996;
2. The Revised Wolf Pen Creek Master Plan dated 1998;
3. Northgate Redevelopment Implementation Plan dated July 2003;
4. East College Station Transportation Study dated May 2005;
5. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010;
6. Central College Station Neighborhood Plan dated June 2010;
7. Eastgate Neighborhood Plan dated June 2011;
8. Parks, Recreation and Open Spaces Master Plan dated July 2011;
9. Southside Area Neighborhood Plan dated August 2012;
10. Medical District Master Plan dated October 2012;
11. Wellborn Community Plan dated April 2013;
12. Economic Development Master Plan dated September 2013;
13. South Knoll Area Neighborhood Plan dated September 2013;
14. The Water System Master Plan dated April 2017; and
15. The Wastewater System Master Plan dated April 2017.
C. Miscellaneous Amendments
The following miscellaneous amendments to the College Station Comprehensive Plan are as
follows:
1. Text Amendments:
ORDINANCE NO. ________ Page 3 of 8
a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding
Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011.
b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context
Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at
Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10,
2015.
c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4
“Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter
7 “Municipal Services and Community Facilities” by amending the text based on the
recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report
– Ordinance 3730 dated December 10, 2015.
d. Chapter 8 “Growth Management & Capacity” by amending the text based on
recommendations from the Annexation Task Force – Ordinance 3766, dated April 28,
2016.
e. Chapter 1, Section 10; Chapter 5, Section 1; Chapter 5, Section 4; Chapter 8, Section
17; and Chapter 9, Section 3; by amending the text – Ordinance 3951, dated October
12, 2017.
2. Future Land Use and Character Map Amendment:
a. 301 Southwest Parkway – Ordinance 3255, dated July 2010.
b. Richards Subdivision – Ordinance 3376, dated October 2011.
c. Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012
d. 1600 University Drive East – Ordinance 3535, dated November 14, 2013.
e. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013.
f. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014.
g. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014.
h. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014.
i. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014.
j. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015.
k. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn
Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka
William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731,
dated December 10, 2015.
l. The approximately 120 acres of land generally located south of Barron Cut-Off Road,
west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the
Wellborn Community – Ordinance 3732, dated December 10, 2015.
m. The approximately 900 acres of land generally located south of Greens Prairie Road
West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance
3733, dated December 10, 2015.
n. The approximately 17.788 acres of land generally located at the corner of Turkey
Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated
March 10, 2016.
ORDINANCE NO. ________ Page 4 of 8
o. The approximately 9 acres of land generally located north of the Crossroad Woods
Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail
– Ordinance 3779, dated June 9, 2016
p. The approximately 16 acres located at 8607 Rock Prairie Road, generally located at
the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance
3794, dated August 11, 2016.
q. The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South,
generally located north of North Forest Parkway and south of Raintree Drive, along
the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016.
r. The approximately 7 acres of land located along the south side of State Highway 30,
south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016.
s. The approximately 58 acres of land generally located along the east side of State
Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek
Parkway extension –Ordinance 3830, dated October 27, 2016.
t. The approximately 2 acres of land generally located on Corsair Circle north of Pavilion
Avenue – Ordinance 3846, dated December 8, 2016.
u. The approximately 18 acres of land generally located at the southeast corner of Sebesta
Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8,
2016.
v. The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block
1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County,
Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east,
more generally southwest of the intersection of Holleman Drive East and Lassie Lane
by – Ordinance 3850, dated January 12, 2017.
w. The approximately 6.3 acres of land generally located northeast intersection of
Copperfield Parkway and Crescent Pointe Parkway - Ordinance 3859, dated February
9, 2017.
x. The approximately 11.3 acres of land generally located at the southeast intersection of
Earl Rudder Freeway South and Emerald Parkway – Ordinance 3875, dated April 27,
2017.
y. The approximately 232 acres of land generally located south of Rock Prairie Road -
Ordinance 3877, dated April 27, 2017.
z. The approximately 5.96 acres of land generally located in the nor theast corner of
Associates Avenue and Harvey Road intersection. – Ordinance 3879, dated April 27,
2017.
aa. The approximately 4.74 acres of land generally located at the corner of Harvey
Mitchell Parkway South and Raymond Stotzer Parkway – Ordinance 3882, dated May
11, 2017.
bb. The approximately 3.2 acres of land generally located east of Copperfield Parkway and
south of Harvey Road. – Ordinance 3884, dated May 11, 2017.
cc. The approximately 3.34 acres of land generally located north of Raintree Drive along
Earl Rudder Freeway South – Ordinance 3901, dated July 27, 2017.
ORDINANCE NO. ________ Page 5 of 8
dd. The approximately 12.5 acres generally located west of Earl Rudder Freeway South
along Harvey Mitchell Parkway – Ordinance 3903, dated July 27, 2017.
ee. Approximately 100 acres located along the east side of State Highway 6, south of The
Business Park at College Station and north of the Texas World Speedway property-
Ordinance 3906, dated July 27, 2017.
ff. Approximately 1.7 acres of land being generally located at 12055 FM 2154 - Ordinance
3921, dated August 24, 2017.
gg. Approximately 11 acres of land being generally located at 8822 Burgess Lane and near
the east intersection of State Highway 47 and Raymond Stotzer Parkway – Ordinance
3965, dated December 14, 2017.
hh. Approximately 29 acres of land being generally located at the west intersection of
William D Fitch Parkway and Rock Prairie Road – Ordinance 3989, dated February
22, 2018.
ii. Approximately 11.1 acres of land being generally located on the west side of Turkey
Creek Road, approximately 500 feet south of HSC Parkway - Ordinance 4036, dated
August 23, 2018.
jj. Approximately 7.37 acres of land being generally located on the west side of FM2154,
approximately 500 feet south of Barron Cut-Off Road – Ordinance 4066, dated January
10, 2019.
kk. Approximately 13 acres of land being generally located at 1402 and 1404 Bird Pond
Road – Ordinance 4090, dated April 25, 2019.
ll. Approximately 1.3 acres of land being generally located southwest of the intersection
of Greens Prairie Road West and White’s Creek Lane – Ordinance 4103, dated June
27, 2019.
mm. Approximately 8.7 acres of land being generally located at 2709 Texas Avenue South–
this Ordinance dated September 12, 2019.
3. Concept Map Amendment:
a. Growth Area IV – Ordinance 3376, dated October 2011.
b. Growth Area V – Ordinance 3376, dated October 2011.
4. Thoroughfare Map Amendment:
a. Raintree Drive – Ordinance 3375, dated October 2011.
b. Birkdale Drive – Ordinance 3375, dated October 2011.
c. Corsair Circle – Ordinance 3375, dated October 2011.
d. Deacon Drive – Ordinance 3375, dated October 2011.
e. Dartmouth Drive – Ordinance 3375, dated October 2011.
f. Farm to Market 60 – Ordinance 3375, dated October 2011.
g. Southwest Parkway – Ordinance 3375, dated October 2011.
h. Cain Road extension –Ordinance 3639, dated February 26, 2015.
i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015.
j. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016.
k. Pavilion Avenue extension --Ordinance 3885, dated May 11, 2017.
ORDINANCE NO. ________ Page 6 of 8
l. Future Minor Collector realigned to Harpers Ferry Road along Arrington Road –
Ordinance 3949, dated October 12, 2017.
m. 2017 Thoroughfare Plan update to Map 6.6 – Ordinance 3962, dated November 20,
2017.
5. Bicycle, Pedestrian and Greenways Master Plan Amendment:
a. Cain Road extension – Ordinance 3639, dated February 26, 2015
b. Update to Maps 5.4 and 5.5-- Ordinance 3729, dated December 10, 2015.
c. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016.
d. Update to Maps 5.4 and 5.5 – Ordinance 3877, dated April 27, 2017.
e. 2017 Thoroughfare Plan update to Maps 5.4 and 5.5 – Ordinance 3962, dated
November 20, 2017.
f. 2018 Bicycle, Pedestrian, and Greenways Master Plan Update to Maps 5.4, 5.5, 7.1,
7.2, 7.3, and 7.4 –Ordinance 4009, dated May 14, 2018.
6. Parks and Recreation Master Plan Amendment:
a. Update to Map B/College Station Neighborhood Park Zone, to Map C/College
Station Community Park Zone Map and to the text of Section 2 “Current Conditions
and Trends,” subsection “Park Land,” paragraph five relating to said maps-
Ordinance 3951, dated October 12, 2017.
7. Community and Neighborhood Plan Amendment:
a. Eastgate Neighborhood Plan, Chapter 1 - Community Character, “Site Development
Area 1 – Lincoln Avenue” – Ordinance 3956, dated November 9, 2017.
D. General
1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto
shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable
conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid
such conflict. Ordinances adopted at the same city council meeting without reference to
another such ordinance shall be harmonized, if possible, so that effect may be given to each.
2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the
entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive
Plan depicts generalized locations of proposed future land-uses, including thoroughfares,
bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification
by the City to fit local conditions and budget constraints.
3. General nature of Future Land Use and Character. The College Station Comprehensive Plan,
in particular the Future Land Use and Character Map found in A.3 above and any adopted
amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning
regulations or establish zoning boundaries and shall not be site or parcel specific but shall be
used to illustrate generalized locations.
4. General nature of College Station Comprehensive Plan. The College Station Comprehensive
Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan,
Central College Station Neighborhood Plan, Water System Master Plan and any additions,
amendments, master plans and subcategories thereto depict same in generalized terms
ORDINANCE NO. ________ Page 7 of 8
including future locations; and are subject to modifications by the City to fit local conditions,
budget constraints, cost participation, and right-of-way availability that warrant further
refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares,
pedestrian ways, waterlines and sewer lines that are a part of the College Station
Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the
Plan without being considered an amendment thereto.
5. Reference. The term College Station Comprehensive Plan includes all of the above in its
entirety as if presented in full herein, and as same may from time to time be amended.”
ORDINANCE NO. ________ Page 8 of 8
EXHIBIT B
That the “Comprehensive Plan of the City of College Station” is hereby amended by amending the
“Future Land Use and Character Map” shown as follows:
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0476 Name:Ware Comp Plan Amendment
Status:Type:Comprehensive Plan Agenda Ready
File created:In control:8/26/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the
Comprehensive Plan - Future Land Use and Character Map from Natural Areas Reserved to General
Commercial for approximately 1.3 acres of land located at 3030 University Drive East.
Sponsors:Justin Constantino
Indexes:
Code sections:
Attachments:Vicinity, Aerial, and SAM
Background Information
Comprehensive Plan Exhibit
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the
Comprehensive Plan - Future Land Use and Character Map from Natural Areas Reserved to General
Commercial for approximately 1.3 acres of land located at 3030 University Drive East.
Relationship to Strategic Goals:
·Diverse Growing Economy
Recommendations: The Planning and Zoning Commission will consider this item on September 5, 2019. A
written Final Report of the Planning & Zoning Commission will be provided at the City Council meeting. Staff
recommends approval.
Summary: The applicant has requested an amendment to the Comprehensive Plan’s Future Land Use and
Character Map from Natural Areas Reserved to General Commercial as a step toward permitting a medical
office in an existing office building on approximately 1.3 acres of developed property located at 3030 University
Drive East.
REVIEW CRITERIA
1.Changed or changing conditions in the subject area of the City:The subject property is
currently developed as an office building with associated parking.
The property has a future land use designation of Natural Areas Reserved, but is currently entitled
to more intense land uses through its current zoning of M-1 Light Industrial.
The adjacent properties surrounding the subject property are designated as Natural Areas Reserved
on the Comprehensive Plan Future Land Use and Character Map. Properties located to the north
College Station, TX Printed on 9/6/2019Page 1 of 3
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across University Drive East are under the jurisdiction of the City of Bryan.
The subject property is located in the Carter Creek Corridor as indicated on the Comprehensive Plan’s
Concept Map. According to the Comprehensive Plan, this natural planning corridor consists of the
entirety of Carter Creek and associated floodplain. Carter Creek is a significant natural feature
stretching along much of the eastern edge of the City, linking College Station, Bryan, and the
remainder of Brazos County.
With the establishment of Veterans Memorial Park and Athletic Complex adjacent to the subject
property in 2001, the properties located across University Drive East in the City of Bryan have seen
increased development with the intent to capitalize on the amenities provided by the park, including the
construction of various hotels and offices in the general area surrounding the subject property. The
adjacent property located west of the subject property is unplatted and has remained vacant since
annexation in 1979 due to FEMA designated 100-year floodplain throughout the property. While the
surrounding area is made entirely of either parkland or floodplain, the subject property is currently
developed and has a portion of the property that is outside the 100-year floodplain. Given this
increased development activity in the area, the proposed amendment from Natural Areas Reserved to
General Commercial would be more representative of the preferred future land use of the subject area
and continue to afford the existing development to be the only developed commercial property in the
subject area within College Station’s city limits.
2.Compatibility with the existing uses, development patterns, and character of the
immediate area concerned, the general area, and the City as a whole:The immediate area
consists of commercial businesses and offices located in the City of Bryan with uses including hotels,
banking and healthcare that function to serve both the City of Bryan, the City of College Station, and
regional visitors. The adjacent lot to the east and south is occupied by Veterans Memorial Park and
Athletic Complex and the adjacent lot to the west is undeveloped and designated floodplain. The
developed subject property provides the only commercial land use in the City of College Station and
the immediate subject area, and thus, the only opportunity for more general commercial uses.
The property was platted in 2008 and the 1.3-acre property contains one office building fronting onto
University Drive, a four-lane major arterial. While General Commercial is a more intense land use than
the current land use designation of Natural Areas Reserved, the proposed designation is more
appropriate in that the subject property is already developed and has been functioning as an office use
since the construction of the building in 2008. The proposed amendment is consistent with future land
use and character designations of the area and compatible with the development that exists and is
currently happening in the subject area.
3.Impact on environmentally sensitive and natural areas: There will be no additional impacts
on the surrounding environmentally sensitive and natural areas as the subject property is already
developed with an existing office building. While the majority of the subject property lies within the
FEMA-regulated floodplain, a portion of the subject property, including the entirety of the office building,
lies outside of the floodplain. A LOMR-F (Letter of Map Revision Based on Fill) was approved by FEMA
for this property in May of 2014. This LOMR-F removed the office building from the 100-year regulatory
floodplain.
4.Impacts on infrastructure including water, wastewater, drainage, and the transportation
network: There will be no additional impacts on infrastructure as the subject property is already
developed with an existing office building that will not require additional infrastructure. The existing
development is currently served by College Station water and wastewater by existing water and sewer
lines. There is adequate water and sanitary sewer capacity in these lines to accommodate the existing
and proposed uses.
A portion of the subject property lies within the FEMA-regulated floodway and floodplain. Any future
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development will be required to comply with the City’s drainage ordinances and the BCS Drainage
Design Guidelines. The subject property must also comply with the City’s No Adverse Impact
requirements. A LOMR-F (Letter of Map Revision Based on Fill) was approved by FEMA for this
property in May of 2014. This LOMR-F removed the office building from the 100 year regulatory
floodplain.
The subject property will continue to take access through an existing driveway to University Drive East.
A Traffic Impact Analysis (TIA) was not required for review as part of the amendment to the
Comprehensive Plan’s Future Land Use and Character Map. A traffic impact analysis may be
performed at the time of a future rezoning request and/or site development depending on the scale and
uses that are proposed.
5.Consistency with the goals and strategies set forth in the Comprehensive Plan:The
proposal is consistent with the goals and strategies of the Comprehensive Plan. The goal for College
Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods,
protected rural areas, special districts, distinct corridors, and a protected and enhanced natural
environment. The proposed General Commercial land use encourages compatible growth by providing
the option for more diverse land use options on a developed property situated in a commercial corridor.
Budget & Financial Summary: N/A
Legal Review: Yes
Attachments:
1.Ordinance
2.Vicinity, Aerial, and Small Area Map
3.Background Information
4.Comprehensive Plan Exhibit
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: September 5, 2019
Advertised Council Hearing Dates: September 12, 2019
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: None
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: None at the time of this report
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North University Drive (4-
lane major arterial) N/A University Drive (4-
lane major arterial)
South Natural Areas -
Reserved M-1 Light Industrial Veterans Park &
Athletic Complex
East Natural Areas -
Reserved M-1 Light Industrial Veterans Park &
Athletic Complex
West
Natural Areas -
Reserved GS General Suburban Vacant
DEVELOPMENT HISTORY
Annexation: 1979
Zoning: A-O Agricultural-Open upon annexation (1979)
A-O Agricultural-Open to M-1 Light Industrial (1979)
Final Plat: Ware Addition, Block 1, Lot 1 (2008)
Site development: Office
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ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE
COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE
PLAN – FUTURE LAND USE & CHARACTER MAP FROM NATURAL AREAS RESERVED
TO GENERAL COMMERCIAL FOR APPROXIMATELY 1.3 ACRES OF LAND LOCATED
AT 3030 UNIVERSITY DRIVE EAST; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED
THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended
by adding new Subsection C.2.nn of Exhibit “A” thereto as set out in Exhibi t “A”
attached hereto and made a part hereof; and by amending the Comprehensive Plan
Future Land Use and Character Map as set out in Exhibit “B” attached hereto and
made a part hereof for the identified area.
PART 2: That if any provisions of any section of this Ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this Ordinance, which shall remain in full force and effect.
PART 3: That this Ordinance shall take effect immediately from and after its passage.
PASSED, ADOPTED and APPROVED this 12th day of September, 2019.
ATTEST: APPROVED:
_____________________________ _________________________________
City Secretary Mayor
APPROVED:
___________________________
City Attorney
ORDINANCE NO. ________ Page 2 of 8
EXHIBIT A
That Ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended,
is hereby amended by adding new subsections C.2.nn. to Exhibit “A” of said plan for Exhibit “A” to read
in its entirety as follows:
“EXHIBIT ‘A’
A. Comprehensive Plan
The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following:
1. Introduction;
2. Community Character;
3. Neighborhood Integrity;
4. Economic Development;
5. Parks, Greenways & the Arts;
6. Transportation;
7. Municipal Services & Community Facilities;
8. Growth Management and Capacity; and
9. Implementation and Administration.
B. Master Plans
The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan:
1. The Northgate Redevelopment Plan dated November 1996;
2. The Revised Wolf Pen Creek Master Plan dated 1998;
3. Northgate Redevelopment Implementation Plan dated July 2003;
4. East College Station Transportation Study dated May 2005;
5. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010;
6. Central College Station Neighborhood Plan dated June 2010;
7. Eastgate Neighborhood Plan dated June 2011;
8. Parks, Recreation and Open Spaces Master Plan dated July 2011;
9. Southside Area Neighborhood Plan dated August 2012;
10. Medical District Master Plan dated October 2012;
11. Wellborn Community Plan dated April 2013;
12. Economic Development Master Plan dated September 2013;
13. South Knoll Area Neighborhood Plan dated September 2013;
14. The Water System Master Plan dated April 2017; and
15. The Wastewater System Master Plan dated April 2017.
C. Miscellaneous Amendments
The following miscellaneous amendments to the College Station Comprehensive Plan are as
follows:
1. Text Amendments:
ORDINANCE NO. ________ Page 3 of 8
a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding
Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011.
b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context
Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at
Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10,
2015.
c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4
“Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter
7 “Municipal Services and Community Facilities” by amending the text based on the
recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report
– Ordinance 3730 dated December 10, 2015.
d. Chapter 8 “Growth Management & Capacity” by amending the text based on
recommendations from the Annexation Task Force – Ordinance 3766, dated April 28,
2016.
e. Chapter 1, Section 10; Chapter 5, Section 1; Chapter 5, Section 4; Chapter 8, Section
17; and Chapter 9, Section 3; by amending the text – Ordinance 3951, dated October
12, 2017.
2. Future Land Use and Character Map Amendment:
a. 301 Southwest Parkway – Ordinance 3255, dated July 2010.
b. Richards Subdivision – Ordinance 3376, dated October 2011.
c. Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012
d. 1600 University Drive East – Ordinance 3535, dated November 14, 2013.
e. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013.
f. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014.
g. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014.
h. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014.
i. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014.
j. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015.
k. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn
Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka
William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731,
dated December 10, 2015.
l. The approximately 120 acres of land generally located south of Barron Cut-Off Road,
west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the
Wellborn Community – Ordinance 3732, dated December 10, 2015.
m. The approximately 900 acres of land generally located south of Greens Prairie Road
West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance
3733, dated December 10, 2015.
n. The approximately 17.788 acres of land generally located at the corner of Turkey
Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated
March 10, 2016.
ORDINANCE NO. ________ Page 4 of 8
o. The approximately 9 acres of land generally located north of the Crossroad Woods
Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail
– Ordinance 3779, dated June 9, 2016
p. The approximately 16 acres located at 8607 Rock Prairie Road, generally located at
the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance
3794, dated August 11, 2016.
q. The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South,
generally located north of North Forest Parkway and south of Raintree Drive, along
the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016.
r. The approximately 7 acres of land located along the south side of State Highway 30,
south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016.
s. The approximately 58 acres of land generally located along the east side of State
Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek
Parkway extension –Ordinance 3830, dated October 27, 2016.
t. The approximately 2 acres of land generally located on Corsair Circle north of Pavilion
Avenue – Ordinance 3846, dated December 8, 2016.
u. The approximately 18 acres of land generally located at the southeast corner of Sebesta
Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8,
2016.
v. The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block
1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County,
Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east,
more generally southwest of the intersection of Holleman Drive East and Lassie Lane
by – Ordinance 3850, dated January 12, 2017.
w. The approximately 6.3 acres of land generally located northeast intersection of
Copperfield Parkway and Crescent Pointe Parkway - Ordinance 3859, dated February
9, 2017.
x. The approximately 11.3 acres of land generally located at the southeast intersection of
Earl Rudder Freeway South and Emerald Parkway – Ordinance 3875, dated April 27,
2017.
y. The approximately 232 acres of land generally located south of Rock Prairie Road -
Ordinance 3877, dated April 27, 2017.
z. The approximately 5.96 acres of land generally located in the northeast corner of
Associates Avenue and Harvey Road intersection. – Ordinance 3879, dated April 27,
2017.
aa. The approximately 4.74 acres of land generally located at the corner of Harvey
Mitchell Parkway South and Raymond Stotzer Parkway – Ordinance 3882, dated May
11, 2017.
bb. The approximately 3.2 acres of land generally located east of Copperfield Parkway and
south of Harvey Road. – Ordinance 3884, dated May 11, 2017.
cc. The approximately 3.34 acres of land generally located north of Raintree Drive along
Earl Rudder Freeway South – Ordinance 3901, dated July 27, 2017.
ORDINANCE NO. ________ Page 5 of 8
dd. The approximately 12.5 acres generally located west of Earl Rudder Freeway South
along Harvey Mitchell Parkway – Ordinance 3903, dated July 27, 2017.
ee. Approximately 100 acres located along the east side of State Highway 6, south of The
Business Park at College Station and north of the Texas World Speedway property-
Ordinance 3906, dated July 27, 2017.
ff. Approximately 1.7 acres of land being generally located at 12055 FM 2154 - Ordinance
3921, dated August 24, 2017.
gg. Approximately 11 acres of land being generally located at 8822 Burgess Lane and near
the east intersection of State Highway 47 and Raymond Stotzer Parkway – Ordinance
3965, dated December 14, 2017.
hh. Approximately 29 acres of land being generally located at the west intersection of
William D Fitch Parkway and Rock Prairie Road – Ordinance 3989, dated February
22, 2018.
ii. Approximately 11.1 acres of land being generally located on the west side of Turkey
Creek Road, approximately 500 feet south of HSC Parkway - Ordinance 4036, dated
August 23, 2018.
jj. Approximately 7.37 acres of land being generally located on the west side of FM2154,
approximately 500 feet south of Barron Cut-Off Road – Ordinance 4066, dated January
10, 2019.
kk. Approximately 13 acres of land being generally located at 1402 and 1404 Bird Pond
Road – Ordinance 4090, dated April 25, 2019.
ll. Approximately 1.3 acres of land being generally located generally located southwest
of the intersection of Greens Prairie Road West and White’s Creek Lane – Ordinance
4103, dated June 27, 2019.
mm. Approximately 8.7 acres of land generally located at 2709 Texas Avenue South – an
ordinance dated September 12, 2019.
nn. Approximately 1.3 acres of land generally located at 3030 University Drive East – this
Ordinance dated September 12, 2019.
3. Concept Map Amendment:
a. Growth Area IV – Ordinance 3376, dated October 2011.
b. Growth Area V – Ordinance 3376, dated October 2011.
4. Thoroughfare Map Amendment:
a. Raintree Drive – Ordinance 3375, dated October 2011.
b. Birkdale Drive – Ordinance 3375, dated October 2011.
c. Corsair Circle – Ordinance 3375, dated October 2011.
d. Deacon Drive – Ordinance 3375, dated October 2011.
e. Dartmouth Drive – Ordinance 3375, dated October 2011.
f. Farm to Market 60 – Ordinance 3375, dated October 2011.
g. Southwest Parkway – Ordinance 3375, dated October 2011.
h. Cain Road extension –Ordinance 3639, dated February 26, 2015.
i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015.
j. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016.
ORDINANCE NO. ________ Page 6 of 8
k. Pavilion Avenue extension --Ordinance 3885, dated May 11, 2017.
l. Future Minor Collector realigned to Harpers Ferry Road along Arrington Road –
Ordinance 3949, dated October 12, 2017.
m. 2017 Thoroughfare Plan update to Map 6.6 – Ordinance 3962, dated November 20,
2017.
5. Bicycle, Pedestrian and Greenways Master Plan Amendment:
a. Cain Road extension – Ordinance 3639, dated February 26, 2015
b. Update to Maps 5.4 and 5.5-- Ordinance 3729, dated December 10, 2015.
c. South College Station Mobility Study – Ordinance 3827, dated October 27, 2016.
d. Update to Maps 5.4 and 5.5 – Ordinance 3877, dated April 27, 2017.
e. 2017 Thoroughfare Plan update to Maps 5.4 and 5.5 – Ordinance 3962, dated
November 20, 2017.
f. 2018 Bicycle, Pedestrian, and Greenways Master Plan Update to Maps 5.4, 5.5, 7.1,
7.2, 7.3, and 7.4 –Ordinance 4009, dated May 14, 2018.
6. Parks and Recreation Master Plan Amendment:
a. Update to Map B/College Station Neighborhood Park Zone, to Map C/College
Station Community Park Zone Map and to the text of Section 2 “Current Conditions
and Trends,” subsection “Park Land,” paragraph five relating to said maps-
Ordinance 3951, dated October 12, 2017.
7. Community and Neighborhood Plan Amendment:
a. Eastgate Neighborhood Plan, Chapter 1 - Community Character, “Site Development
Area 1 – Lincoln Avenue” – Ordinance 3956, dated November 9, 2017.
D. General
1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto
shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable
conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid
such conflict. Ordinances adopted at the same city council meeting without reference to
another such ordinance shall be harmonized, if possible, so that effect may be given to each.
2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the
entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive
Plan depicts generalized locations of proposed future land-uses, including thoroughfares,
bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification
by the City to fit local conditions and budget constraints.
3. General nature of Future Land Use and Character. The College Station Comprehensive Plan,
in particular the Future Land Use and Character Map found in A.3 above and any adopted
amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning
regulations or establish zoning boundaries and shall not be site or parcel specific but shall be
used to illustrate generalized locations.
4. General nature of College Station Comprehensive Plan. The College Station Comprehensive
Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan,
Central College Station Neighborhood Plan, Water System Master Plan and any additions,
ORDINANCE NO. ________ Page 7 of 8
amendments, master plans and subcategories thereto depict same in generalized terms
including future locations; and are subject to modifications by the City to fit local conditions,
budget constraints, cost participation, and right-of-way availability that warrant further
refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares,
pedestrian ways, waterlines and sewer lines that are a part of the College Station
Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the
Plan without being considered an amendment thereto.
5. Reference. The term College Station Comprehensive Plan includes all of the above in its
entirety as if presented in full herein, and as same may from time to time be amended.”
ORDINANCE NO. ________ Page 8 of 8
EXHIBIT B
That the “Comprehensive Plan of the City of College Station” is hereby amended by amending the
“Future Land Use and Character Map” shown as follows:
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:119-0479 Name:Ware Rezoning
Status:Type:Rezoning Agenda Ready
File created:In control:8/27/2019 City Council Regular
On agenda:Final action:9/12/2019
Title:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending
Appendix A, “Unified Development Ordinance,” Article 4, Zoning Districts,” Section 4.2, “Official
Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning
district boundaries from M-1 Light Industrial to GC General Commercial for approximately 1.3 acres of
land generally located at 3030 University Drive East.
Sponsors:Justin Constantino
Indexes:
Code sections:
Attachments:Background Information
Vicinity, Aerial, and SAM
Rezoning Exhibit
Application
Ordinance
Action ByDate Action ResultVer.
Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A,
“Unified Development Ordinance,” Article 4, Zoning Districts,” Section 4.2, “Official Zoning Map,” of the Code
of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from M-1 Light
Industrial to GC General Commercial for approximately 1.3 acres of land generally located at 3030 University
Drive East.
Relationship to Strategic Goals:
·Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission will consider this item on September 5, 2019. A
written Final Report of the Planning & Zoning Commission will be provided at the City Council meeting. Staff
recommends approval.
Summary:
REZONING REVIEW CRITERIA
Summary:The applicant is requesting to rezone the subject property from M-1 Light Industrial to GC General
Commercial. The change in zoning alters the allowed uses for the existing property and effectively transitions
the property from a retired zoning district to a zoning designation more appropriate for the immediate area.
REZONING REVIEW CRITERIA
1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is
designated on the Comprehensive Plan Future Land Use and Character Map as “Natural Areas -
Reserved” with a pending application to amend the Comprehensive Plan to “General Commercial.”
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Natural Areas - Reserved is intended for areas that represent a constraint to development and should
be preserved for their natural function or open space qualities. These areas include floodplains and
riparian buffers, as well as recreation facilities. General Commercial is generally for concentrations of
commercial activities that cater to both nearby residents and to the larger community or region.
While a portion of the subject property lies within the FEMA-regulated 100-year floodplain, the subject
property is currently developed and contains one office building located outside the floodplain. If the
proposed Comprehensive Plan amendment from Natural Areas-Reserved to General Commercial is
approved, the proposed rezoning to GC General Commercial on the subject property would be
consistent with the Comprehensive Plan.
2.Whether the uses permitted by the proposed zoning district will be appropriate in the context of
the surrounding area:The GC General Commercial zoning district permits a variety of land uses
including offices, medical clinics, and hotels - all of which are existing uses in the surrounding area.
Surrounding the subject property is the Veterans Park and Athletic Complex to the south and east,
undeveloped floodplain to the west, and multiple hotels and offices located across University Drive East
to the north in the City of Bryan. The majority of University Drive East from Earl Rudder Freeway to
Copperfield Parkway is zoned M-1 Light Industrial, with a small portion of the subject area lying in the
floodplain and zoned GS General Suburban.
The property is currently occupied by one office building with two tenant spaces. Per the Unified
Development Ordinance (UDO), buffer requirements are not applicable to the subject property as the
subject property is located adjacent to the FEMA designated 100-year floodplain.
3.Whether the property to be rezoned is physically suitable for the proposed zoning district:
The size and location of the subject property is suitable for GC General Commercial uses. The property
was platted in 2008 and the 1.3-acre property contains one office building fronting onto University Drive,
a four-lane major arterial. General Commercial is more appropriate in that the subject property is already
developed and has been functioning as an office use since the construction of the building in 2008.
A portion of the subject property lies within the FEMA-regulated floodway and floodplain. Any future
development will be required to comply with the City’s drainage ordinances and the BCS Drainage
Design Guidelines. The subject property must also comply with the City’s No Adverse Impact
requirements. A LOMR-F (Letter of Map Revision Based on Fill) was approved by FEMA for this property
in May of 2014. This LOMR-F removed the office building from the 100 year regulatory floodplain.
4.Whether there is available water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for uses permitted by the proposed zoning district:The existing
development is currently served by College Station water and wastewater. There are existing water and
sewer lines available to serve the property. At the current time there is adequate water and sanitary
sewer capacity in these lines to accommodate the proposed rezoning. All existing infrastructure serving
the property is in compliance with the BCS Stormwater Design Guidelines.
The subject property will continue to take access through an existing driveway to University Drive East, a
four-lane major arterial. A Traffic Impact Analysis (TIA) was not required for review as part of the
rezoning request. The site is suitable for the uses permitted by the proposed zoning district.
5.The marketability of the property: Changing the zoning of the subject property from M-1 Light
Industrial to GC General Commercial alters the allowed uses and allows for increased marketability of
the subject property. Located along University Drive East, the property is situated along a corridor which
has been established for providing regionally significant commercial activity. The proposed rezoning
would allow for increased marketability by permitting land uses with more intensive development activity.
The applicant has expressed that the limited land uses permitted by right in the retired M-1 Light
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Industrial zoning district does not match the highest and best use of the property or subject area, and the
rezoning to GC General Commercial will allow the applicant to market to a wider array of potential
tenants.
Budget & Financial Summary: N/A
Legal Review: Yes
Attachments:
1.Ordinance
2.Background Information
3.Vicinity Map, Aerial, and Small Area Map
4.Rezoning Exhibit
5.Application
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: September 5, 2019
Advertised Council Hearing Dates: September 12, 2019
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: None
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: None at the time of this report
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North University Drive (4-
lane major arterial) N/A University Drive (4-
lane major arterial)
South Natural Areas -
Reserved M-1 Light Industrial Veterans Park &
Athletic Complex
East Natural Areas -
Reserved M-1 Light Industrial Veterans Park &
Athletic Complex
West
Natural Areas -
Reserved GS General Suburban Vacant
DEVELOPMENT HISTORY
Annexation: 1979
Zoning: A-O Agricultural-Open upon annexation (1979)
A-O Agricultural-Open to M-1 Light Industrial (1979)
Final Plat: Ware Addition, Block 1, Lot 1 (2008)
Site development: Office
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https://collegestation.legistar.com/View.ashx?M=F&ID=7677226&GUID=D658EA0B-CFF6-4118-A1A5-621DDD13BDC9[9/6/2019 3:46:04 PM]
Name of Project:MEDICAL OFFICE
Address:3030 UNIVERSITY DR E
Legal Description:WARE ADDN, BLOCK 1, LOT 1
Total Acreage:1.371
Applicant::
Property Owner:WARE TIMOTHY R & FRANCES I
BRYAN COLLEGE STATION REALTY
List the changed or changing conditions in the area or in the City which make this zone change
necessary.
The highest and best use of this existing office is in a commercial corridor and has not been or will ever be used
for any industrial use
Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not,
explain why the Plan is incorrect.
this zoning plan is in accordance with the comprehensive plan
How will this zone change be compatible with the present zoning and conforming uses of nearby
property and with the character of the neighborhood?
The current does not allow for medical offices which is most suitable for the nearby medical facilities in this
corridor
Explain the suitability of the property for uses permitted by the rezoning district requested.
The new zoning will be more suitable for its existing use than previous. This is a commercial corridor
REZONING APPLICATION
SUPPORTING INFORMATION
Page 1 of 2
Explain the suitability of the property for uses permitted by the current zoning district.
The new zoning will be more suitable for its existing use than previous. This is a commercial corridor
Explain the marketability of the property for uses permitted by the current zoning district.
The current marketability under the current zoning does match the highest and best use of the property
List any other reasons to support this zone change.
This office will serve the city of college station better under a general office zoning other than light industrial
Page 2 of 2
ORDINANCE NO. _____
AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL
ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES
AFFECTING APPROXIMATELY 1.3 ACRES GENERALLY LOCATED AT 3030
UNIVERSITY DRIVE EAST FROM M-1 LIGHT INDUSTRIAL TO GC GENERAL
COMMERCIAL; 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 Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,”
Section 4.2 “Official Zoning Map” 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
PASSED, ADOPTED, and APPROVED this 12th day of September, 2019.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
ORDINANCE NO. ____________ Page 3 of 3
Exhibit A
That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2,
“Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby
amended as follows:
The following property is rezoned from M-1 Light Industrial to GC General Commercial: