HomeMy WebLinkAbout11/21/2011 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Consent No. 2a - Minutes
Coversheet revised 7
Workshop Minutes 8
Regular Minutes 15
Consent No. 2b - Campus Village Parkland Reimbursement
Coversheet revised 22
Resolution 23
Parks and Recreation Board Minutes 24
PDD Ordinance 28
Letter of Completion 29
Consent No. 2c - Brazos Valley Council of Governments
Recycling Grant Authorization
Coversheet revised 30
Resolution 31
Consent No. 2d - Project Number ST-1202 University Drive
Sidewalks Improvements Project
Coversheet revised 33
Resolution 34
Location Map 35
Consent No. 2e - Project Number ST-1203 FM 2154 Sidewalk
Improvements Project
Coversheet revised 36
Resolution 37
Location Map 38
Consent No. 2f - Project Number ST 10-26 Barron Road
Widening Phase 2 Construction Contract Change Order
Coversheet revised 39
Change Order 40
Map 42
Consent No. 2g - Renewal of Hot Mix Asphalt Price Agreement
Coversheet revised 43
Renewal Letter 44
Consent No. 2h - Tauber & Stasney Street and Utility
Rehabilitation Project Construction Change Order Project
Numbers ST-0505, WF0625888, WF0625893, WF6598173, CO
-0902
Coversheet revised 48
Change Order 49
Parking Plan 50
Consent No. 2i - Purchase of Transformers
Coversheet revised 51
Bid Tab 52
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Consent No. 2j - Authorize Brazos County Appraisal District
Expenditures
Coversheet revised 57
Consent No. 2k - 2012 Blue Cross and Blue Shield
Administrative Services Agreement Renewal
Coversheet revised 58
BCBS Admin Services Agreement 59
Consent No. 2L - Fire Equipment Purchases
Coversheet revised 62
Regular No. 1 - Defeasance of a Portion of the 2009 Certificates
of Obligation Ordinance
Coversheet revised 63
Ordinance 64
Escrow Agreement 70
Regular No. 2 - Canvass of Election
Coversheet revised 85
Canvass Ordinance (English)86
Canvass Ordinance (Spanish)88
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November 21, 2011
City Council Consent Agenda Item No. 2a
City Council Minutes
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for:
· November 10, 2011 Workshop and Regular Council Meeting
Attachments:
· November 10, 2011 Workshop and Regular Council Meeting
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MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
NOVEMBER 10, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink, absent
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Shelley Major, Records Management Coordinator
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Nancy Berry at 3:05 p.m. on Thursday, November 10, 2011 in the Council Chambers of
the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Presentation, possible action, and discussion on items listed on the consent agenda.
Items 2c, 2bb, 2f, 2n, 2p, and 2u were pulled for clarification. Mayor Berry announced that 2g
would be pulled for a separate vote, and she would be abstaining.
2c: Cheryl Turney, Assistant Finance Director, confirmed this will authorize the City Manager
to approve contracts up to $50,000 which will follow state statutes.
2bb: David Neeley, City Manager, briefly explained the history of the Green College Station
Citizens Task Force. He noted the Committee has spent quite a bit of time on cost-saving efforts
and energy retrofits for buildings. The energy retrofits are aside and apart from the charge given
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to the Committee. Their charge is to develop an action plan, which will come back to the
Council for their strategic plan and policy development. He suggests Council disband the
Committee and charge the staff to finish up the action plan. Another committee would probably
be appointed later when the Council’s direction is clear.
Hugh Stearns, Committee Chair, presented the Council with an information packet. He stated
his three goals include 1) save the committee; 2) get higher buy-in from the Council; and 3) raise
a concern. He stated that the committee has been treated poorly and has not been given clear
direction.
2f: Councilmember Moony stated that policies and procedures for contacting public officials
should be reviewed on an annual basis. R. B. Alley, Fire Chief, reported on the agreement with
TAMU to provide fire safety.
2n: Cheryl Turney, Assistant Finance Director, explained the prompt payment discount
consideration in the bid process.
2p & 2u: Jeff Kersten, Finance Director, explained the RFP process and renewal. Chuck
Gilman, Director of Capital Projects, stated we had three firms, and we are renewing two of the
three based on responsiveness and cost.
2. Presentation, possible action, and discussion regarding a proposal to bring an annual
National Junior College Athletic Association Football Bowl Game to Bryan-College
Station.
Ted Raspiller, president of the Brazos County campuses of Blinn College, along with Dick
Speas, Director of Athletics, presented the concept for a National Junior College Bowl for
Brazos Valley. There is a need to pump up activities in the community and contribute to HOT
funds. There are not a lot of bowl games at the junior college level, and the average attendance
to games is 3,000-5,000. The proposal includes a location at Kyle Field because College Station
has a national appeal. Blinn would work in conjunction with the CVB. There are some
important deadlines. By December 31, 2011 they must submit a letter of intent, with a secured
sponsorship as a key element. On March 28, 2012 they will need to make their presentation to
the NJCAA Championship Events Committee. The projected budget is $92,865. Total projected
revenue is $6,500 but the impact to the local economy is estimated to range between $650,000 -
$975,000 dependent upon the number of attendees. To answer what’s in this for Blinn, there will
be more participation from high school students in the service area and more exposure on the
national scene. This will also serve to re-cement their partnership with TAMU. They are
requesting up to $25,000 from HOT funds to cover the cost of renting Kyle Field if they are
successful in securing sponsorships.
Council consensus was to move forward.
3. Presentation and discussion regarding an update presentation on electric deregulation
in Texas. Mark Zion, Executive Director of the Texas Public Power Association, will give a
presentation on how electric deregulation has affected public power utilities in Texas.
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David Massey, Electric Division Manager, provided some highlights on the 2001 deregulation
study. Strategic planning activities included an assessment of utility’s current market posture
and educated stakeholders on changing the electric market structure. They also evaluated the
“Opt-In” decision and developed specific strategic actions.
Mark Zion, Executive Director of the Texas Public Power Association, reported on the electric
utility industry structure and the implications for municipally-owned electric utilities. There are
72 municipally-owned utilities in Texas. Many have been serving their communities for over 50
years. Local authorities set MOU rates and policies that are responsive to community priorities.
The rates are set locally, are stable, and at the low end of the scale. The service is reliable.
MOU’s are finances by utility revenues, not taxes. A portion of MOU revenues support general
municipal services like public safety, roads, parks, libraries, and community services. Like other
MOUs, College Station Utilities is an important asset to the community. The rates are
reasonable and stable. CSU has better than average metrics statewide. MOU’s have taken a
“wait and see” approach until it becomes clear that real benefits to customers and their cities can
be achieved and maintained. Deregulation has other names: electric deregulation, retail
deregulation, customer choice, industry restructuring. Customers choose among a variety of
electricity retailers, the local utility operates electric lines like a common carrier to transport the
electricity of multiple retail providers, state regulations apply to customer switching, certain
customer service policies, etc. Texas has regional deregulations. Senate Bill 7 provides that a
MOU is not part of deregulation until an affirmative decision to opt-in is made by the local
governing body (usually the MOU’s city council). To date, none of the 72 MOUs in Texas have
opted in to retail electric deregulation. Policy considerations for a MOU that might opt in to
deregulation include: potential negative impacts on City finances, including bond ratings and the
transfer of electric utility revenues to general government; the impact on other City operations,
like water and wastewater utilities which share billing with the MOU electric system; the impact
on customers now paying stable and affordable MOU rates who may experience varied pricing
levels in deregulation.
4. Presentation, possible action and discussion regarding the presentation and information
on the Revenue Rescue cost recovery program.
R. B. Allwy, Fire Chief, reported that Revenue Rescue/Intermedix is the nation’s leading
emergency response billing company. The Bryan Fire Department and Brazos County Volunteer
Departments currently participate. Staff is dedicated only to fire billing, and they assist each city
in implementing its own custom billing policy. They are responsible for the recovery of
expenses for response to incidents caused through negligence or other risky behavior; the scope
is determined by the client. The types of incidents they collect for include collision, vehicle
fires, and hazardous materials. For 2009, Revenue Rescue received 316 submissions from BFD
and collected $82,373, an average of $260.67 per submission.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Fields, the City Council voted six (6) for and none (0) opposed, to approve the concept of the
Revenue Rescue Cost Recovery Program. The motion carried unanimously.
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5. Presentation, possible action, and discussion regarding the Council's Policy Action Items
Plan of Work and Strategic Plan 2012 Update.
Staff was directed to provide Council with some options regarding meeting dates and times.
6. Presentation, possible action, and discussion regarding a construction contract with
Dudley Construction, Ltd., in the amount of $2,978,060 for construction of Dowling Road
High Service Pump Station Improvements.
Dave Coleman, Water Services Director, reported on the Dowling Road Pump Station project.
The DRPS receives raw well water from transmission lines. The water is chlorinated and gets
contact time in the reservoirs. Water is pumped out to customers via a distribution system.
Capacities at the DRPS are a public safety issue. The required pumping capacity is 33,400 gpm.
We are currently at 22,000 gpm and are planning for 34,350 gpm. The design contract was
approved December 10, 2010. A second pump station will be constructed at the Dowling Road
site for efficiency with a separate header for full redundancy. The construction contract was bid,
and the low bidder was Dudley Construction at $2.98 million. This will keep us in regulatory
compliance for approximately ten years.
7. Presentation, possible action, and discussion on a Professional Services Contract
(Contract Number 11-264) with Kimley-Horn and Associates, Inc. for $1,518,250 for
design, bidding, and construction administration for the Bee Creek Sewer Line.
Dave Coleman, Water Services Director, said staff has been looking at this for fifteen years.
They held off on the comp plan until the Comprehensive Plan was completed. This line needs to
be built very soon. The trunk line was built in 1973, and the west side developments were not
anticipated forty years ago. The plan is to replace the existing trunk line with a 48” trunk line.
He provided the results of flow monitoring. They looked at several alternatives to replacing the
trunk line, and it was readily apparent that replacing the line was more economical. He stated
that we must proceed with the Bee Creek project to avoid sewer line overflows. TCEQ
fines/penalties would be significant. They also propose to begin a line cleaning project in FY12
to regain some capacity. Staff recommends awarding the design contract to Kimley-Horn in the
amount of $1.5 million.
8. Council Calendar
· November 11 Roy Kelly Multi-Modal Terminal & Parking Garage Ribbon Cutting
Ceremony at 301 W. 26th Street (Bryan), 11:00 a.m.
· November 11 Veterans Day Ceremony, Veterans Park & Athletic Complex, 5 p.m.
· November 1 1-1 2 Brazos Valley Worldfest, Wolf Pen Creek Park
· November 14 IGC Meeting at BVCOG, 12:00 p.m.
· November 15 Reception for Salamanca Delegation & Joint Proclamation, University
Club, Rudder Tower, 5:30 p.m.
· November 16 Union Pacific Safety Train Trip, John Kimbrough Drive Train
Crossing, 8:45 a.m.
· November 16 Exploring History Lunch Lecture in CS Conference Center, 11:30
a.m.
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· November 16 Reception for Salamanca Delegation at Arts Council, 6:30 p.m.
· November 17 *DATE CHANGED*, BVSWMA Board Meeting at Twin Oaks
Facility, 2690 SH30 Anderson, Texas, 11:00 a.m.
· November 17 Planning & Zoning Commission Meeting in Council Chambers, 6:00
p.m.
· November 21 City Council Workshop/Regular Meeting at 3:00 and 6:00 p.m.
· November 24 City Offices Closed - HOLIDAY
· November 25 City Offices Closed - HOLIDAY
Council reviewed the Council calendar.
9. Presentation, possible action, and discussion on future agenda items: a Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Councilmember Brick asked to see an item to prohibit parking in front yards.
Mayor Berry asked to revisit the policy of how the City names things like parks and streets.
Councilmember Fields asked to discuss our safety services relationship with TAMU. There was
no consensus. He wanted to see a different perspective on deregulation. There was no
consensus. Councilmember Fields requested an update on HOA involvement for assuming
responsibility for parks maintenance.
10. Discussion, review and possible action regarding the following meetings: Animal
Shelter Board, Arts Council of the Brazos Valley, Audit Committee, Bicycle, Pedestrian,
and Greenways Advisory Board, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, BVSWMA,
BVWACS, Cemetery Committee, Code Review Committee, Design Review Board, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee,
Joint Relief Funding Review Committee, Landmark Commission, Library Board, Mayor's
Development Forum, Metropolitan Planning Organization, National League of Cities,
Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning
Commission, Research Valley Partnership, Regional Transportation Committee for
Council of Governments, Signature Event Task Force, Sister City Association, TAMU
Student Senate, Texas Municipal League, Zoning Board of Adjustments.
Councilmember Brick reported the Bicycle, Pedestrian, and Greenways Advisory Board is
organizing a greenways tour.
Mayor Berry reported on the interfaith dialog dinner. She also reported that the MPO adopted
new job performance descriptions for the executive director.
Councilmember Lyles spoke with the new director of the health department. The next board
meeting will be November 30 at 5:30.
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Councilmember Schultz reported on the Historic Preservation Committee. The 75th Anniversary
will be October 19, 2013.
11. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Deliberation Regarding Real Property, and §551.074-Personnel, the College Station
City Council convened into Executive Session at 5:13 p.m. on Thursday, November 10, 2011 in
order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
· City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway
60 area, near Brushy Water Supply Corporation to decertify City of College Station and
certify City of Bryan
· Clancey v. College Station, Glenn Brown and Kathy Merrill, Civil Action No. 09-CV-
01480
· Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-
CV361
· Chavers et al v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case
No. 10 CV-3922
· College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023
· Woodruff v. College Station, Cause No. 10-000515-CV-272
· Ongoing criminal investigation of municipal court missing funds
B. Consultation with Attorney to seek legal advice; to wit:
· Legal issues regarding possible revenue sharing and legislation in bio-corridor
· Legal issues related to the expiration of Wolf Pen Creek Tax Increment Reinvestment
Zone.
C. Deliberation Regarding Real Property; to wit:
· Property located southeast of the intersection of Rock Prairie Road and Bird Pond Road
in College Station.
D. Deliberation Regarding Personnel; to wit:
· Internal Auditor
· Council Self-Evaluation
The Executive Session adjourned at 6:51 p.m. on Thursday, November 10, 2011.
No action was required from Executive Session.
12. Adjournment
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MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 8:51 p.m. on Thursday, November 10, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
NOVEMBER 11, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink, absent
City Staff:
David Neely, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, Assistant City Attorney
Sherry Mashburn, City Secretary
Shelley Major, Records Management Coordinator
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:29 p.m. on Thursday, November 10, 2011 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
1. Pledge of Allegiance, Invocation, consider absence request.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to approve the Absence Request
by Dave Ruesink. The motion carried unanimously.
Presentations and Recognitions:
· Presentation of Historical Marker #6 presented to College Hill Baptist Church.
Mayor Berry presented Historical Marker #6 to representatives of the College Hill Baptist Church:
Onie Holmes, Mildred Wells, Bertie Thomas, Lucille Young, Darlene Williams, Charlie Langston,
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Deacon Willie Martin, Ann Whiting, Susan Birdwell, Warren Whiting, J. T. Wells, Sr., and J.T.
Wells, Jr. Also present were members of the Historical Preservation Committee.
· Presentation of the International Association of Chiefs of Police Thomson Reuters
Award for Excellence in Criminal Investigations.
Jeff Capps, Police Chief, recognized department individuals for receiving the Thomson Reuters
Award for Excellence in Criminal Investigations from the International Association of Chiefs of
Police. Those recognized were Lt. Lesley Hicks, Sgt. James Woodward, Det. Mike Johse, Det.
Rick Vessell, Det. Mike, Lundy, Det. Benton Keough, Forensic Tech. Liza Phillips, Det. Patrick
McCarthy, Det. Travis Lacox, Officer Mike Clark, Det. Derrick Cooper, and Assistant Chief
Larry Johnson.
Citizen Comments
Susan Irza, Historic Preservation Committee chair, stated that the difference between the HPC
and the Landmark Commission is that the Landmark Commission deals with zoning, and the
HPC deals with education. A flyer was provided to the Council detailing the 2012 education
programs. The last presentation for 2011 is Wednesday, November 16. Jim Singleton will be
talking about unique Brazos Valley architecture. She introduced fellow committee members
M.D. Marshall and Ann Hayes. She thanked Barbara Moore, and Anne Boykin for their
assistance with the Marker program. She invited Council to attend one of the exploring history
lunch lectures. She reported that the HPC has awarded 86 or 87 markers, the majority for homes.
Onie Holmes, College Hill Baptist Church, stated that Mayor Berry is a Godsend and is a friend.
She thanked Council and staff for making this honor possible for the church, and thanked
everyone that helped make this dream come true. This month will celebrate the church’s 66th
anniversary and invited everyone to come out on November 20 at 3:00 p.m. She is also looking
to get a marker for the neighborhood which is 97 years old.
Georgia Beverly, 801 Spring Loop #608, spoke on behalf of the College Station Pedestrian
Safety Group. Jaywalking in Northgate is a huge issue. Last Saturday, she observed over one
hour 187 jaywalkers; this was 41% of the total observed. The percentage increased to over 76%
as the day went on. In order to address the issue, she proposed an online walking safety course.
Revenue from fines could fund the course. This course could help to reduce injuries, fatalities
and accidents.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
· October 27,201 1 Workshop and Regular Council Meeting
2b. Presentation, possible action and discussion to adopt Ordinance 2011-3378, amending
Chapter 10, "Traffic Code" Section 9, "Juvenile Case Manager", of the Code of
Ordinances of the City of College Station, Texas, by amending certain sections, providing a
severability clause; declaring a penalty; and providing an effective date.
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2c. Presentation, possible action, and discussion regarding Resolution 11-10-11-2c,
amending certain provisions of the City's Standard Form of Construction Agreement for
over $50,000 and Architects and Engineering Professional Services Contract; and granting
authority to the City Manager to act on behalf of the City, including issuing approvals for
contract changes pursuant to certain statutory provisions; and providing an effective date.
2d. Presentation, possible action, and discussion on Resolution 11-10-11-2d, adopting
procurement procedures to be used by College Station Utilities for expenditures; and
providing an effective date.
2e. Presentation, possible action, and discussion regarding Resolution 11-10-11-2e,
approving a construction contract (Contract #l1-356) with Siemens Industry Inc. in the
amount of $65,621 .00 for the installation of access and security equipment at the College
Station Utility Customer Service and IT Building.
2f. Presentation, possible action and discussion regarding the approval of Resolution 11-10-
11-2f for the Annual Reconfirmation and use of Service and Equipment to be provided by
the City of College Station in the Event of a Radiological Incident at the Texas A&M
University Nuclear Science Center.
2g. Presentation, possible action and discussion regarding the approval of Resolution 11-
10-11-2g to participate in a Clinical Affiliation Agreement with the College Station Medical
Center for the Emergency Medical Services Program.
2h. Presentation, possible action, and discussion regarding Resolution 11-10-11-2h,
approving a construction contract with Dudley Construction, Ltd., in the amount of
$2,978,060.00, for the construction of Dowling Road High Service Pump Station
Improvements.
2i. Presentation, possible action and discussion on Resolution 11-10-11-2i, awarding a
Construction Contract (12-012) to JaCody, Inc. in the amount of $130,317.94 for the
Emerald Forest Park Site Improvements Project.
2j. Presentation, possible action, and discussion on Resolution 11-10-11-2j, approving a
Professional Services Contract with Mitchell & Morgan, LLP in the amount of
$59,106.08.00 for the Preliminary Engineering Report related to the Barron Road East -
Lakeway Drive Extension Project.
2k. Presentation, possible action, and discussion regarding approval of a real estate
contract between the City of College Station (Buyer) and Willis S. and Peggy J. Ritchey
(Seller) in the amount of $64,117.75 for the purchase of right-of-way (0.997 acre) and a
public utility easement (0.735 acre) needed for the Rock Prairie Road East Widening
Design and Right-of-way Project.
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21. Presentation, possible action and discussion for a change order to Professional Services
Contract 11-254 with Kimley-Horn and Associates, Inc. for an increase in the amount of
$10,765.00 for the Rock Prairie Road West Preliminary Engineering Report (PER).
2m. Presentation, possible action, and discussion on a change order to the Design Contract
04-176 with Jacobs Engineering Group, Inc., in the amount of $27,467.00, for additional
construction material testing services.
2n. Presentation, possible action and discussion on awarding a price agreement for annual
purchases of fleet oils and lubricants to Kolkhorst Petroleum Co., Inc. for an annual
expenditure of $100,940.40. (Bid No. 12- 004).
2o. Presentation, possible action and discussion on ratification of $150,000 additional
expenditures plus $150,000 anticipated expenditures for a total of $300,000.00 for the
purchase of gasoline and diesel fuel from Brenco Marketing. Approval of the additional
expenditures will bring the total annual estimated expenditures to $1,552,000.00.
2p. Presentation, possible action and discussion regarding the renewal agreement for
outsourcing the printing and mailing of Utility bills, late notices and inserts for an
estimated annual expenditure not to exceed $230,000 to Xpedient Mail.
2q. Presentation, possible action, and discussion regarding the approval of the FY 11
Chapter 59 Asset Forfeiture Audit reporting form for the College Station Police
Department.
2r. Presentation, possible action, and discussion regarding the renewal of an annual
blanket purchase order with Boundtree Medical L.L.C. for $65,000.00 for EMS supplies.
2s. Presentation, possible action, and discussion regarding the approval of the purchase of
consoles and related equipment for the new Utility Dispatch Center from Command &
Control Environments (CCE) through the TXMAS program and from the open market
(bid pricing was checked by Purchasing and is the lowest pricing) in the amount of
$70,231.93.
2t. Presentation, possible action, and discussion regarding Change Order No. 4 to the
professional services contract (Contract No. 00-107) with LJA Engineering & Surveying,
Inc. for a decrease in the amount of $39,640.41 to clear the project encumbrance and
closeout the project.
2u. Presentation, possible action and discussion of the renewal of two Master Agreements
for Real Estate Appraisal Services: Holtkamp Realty Consultants (Contract No. 09-314)
and S.T. Lovett & Associates (Contract No. 09-21 8). Each Master Agreement will not
exceed $50,000. Approval of the renewal of these agreements will authorize the City
Manager or his delegate to approve Service Orders for each project within the terms of
each Master Agreement.
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2v. Presentation, possible action, and discussion on an interlocal agreement between the
City of College Station, the College Station Independent School District, and Texas A&M
University to share fuel reserves in the event of an emergency supply disruption.
2w. Presentation, possible action, and discussion on an Interlocal Agreement between the
City of College Station and Brazos County for On-Line Bidding Services.
2x. Presentation, possible action, and discussion on an Interlocal Agreement between the
City of College Station and San Jacinto River Authority for On-Line Bidding Services.
2y. Presentation, possible action, and discussion on approval of an Enterprise Agreement
(EA) for Microsoft software with Dell Marketing LP for a three year period totaling
$88,232.82.
2z. Presentation, possible action, and discussion on Resolution 11-10-11-2z, approving a
Professional Services Contract (Contract Number 11-264) with Kimley-Horn and
Associates, Inc. for $1,518,250.00 for design, bidding, and construction administration for
the Bee Creek Sewer Line.
2aa. Presentation, possible action, and discussion regarding rejection of Request for
Proposal No. 11-35 for the Wolf Pen Creek Water Feature and Festival Area Project.
2bb. Presentation, possible action, and discussion regarding Resolution 11-10-11-2bb,
dissolving the Green College Station Citizens Task Force.
Items 2c, 2f, 2g, 2p, and 2s were pulled for a separate vote.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Mooney, the City Council voted six (6) for and none (0) opposed, to approve the Consent
Agenda, less items 2c, 2f, 2g, 2p, and 2s. The motion carried unanimously.
(2g)MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Schultz, the City Council voted five (5) for and none (0) opposed, with Mayor Berry abstaining,
to adopt Resolution 11-10-11-2g, participating in a Clinical Affiliation Agreement with the
College Station Medical Center for the Emergency Medical Services Program. The motion
carried.
(2c, 2p, 2s)MOTION: Upon a motion made by Councilmember Lyles and a second by Mayor
Berry, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields
voting against, to approve items 2c, 2p, and 2s. The motion carried.
(2f)MOTION: Upon a motion made by Councilmember Mooney and a second by
Councilmember Fields, the City Council voted six (6) for and none (0) opposed, to adopt
Resolution 11-10-11-2f for the Annual Reconfirmation and use of Service and Equipment to be
provided by the City of College Station in the Event of a Radiological Incident at the Texas
A&M University Nuclear Science Center, as amended to create a new Part 3 stating that policy
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and procedures be established with College Station public officials and reviewed annually, and
Part 4 to state this will take effect immediately upon approval. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011-
3379, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official
Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning
1.217 acres located at 2041 Holleman Drive West, more generally located on the northeast
corner of the intersection with Harvey Mitchell Parkway, from R-4 Multi-Family to C-1
General Commercial.
At approximately 8:07 p.m., Mayor Berry opened the Public Hearing.
Don Jones, 804 Berry Creek, commented that the area is unserved by commercial.
Jesse Durden, 4010 Sunny Meadow, spoke on behalf of the potential buyer. They feel the
zoning is appropriate based on the location.
There being no further comments, the Public Hearing was closed at 8:08 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2011-
3379, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning
Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 1.217 acres
located at 2041 Holleman Drive West, more generally located on the northeast corner of the
intersection with Harvey Mitchell Parkway, from R-4 Multi-Family to C-1 General Commercial.
The motion carried unanimously.
2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011-
3380, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official
Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning
6.86 acres located at 6100 Victoria Avenue, and more generally located west of the
Castlegate Subdivision, from A-0 Agricultural Open to R-1 Single-Family Residential and
R-1B Single-Family Residential.
At approximately 8:14 p.m., Mayor Berry opened the Public Hearing.
Wallace Phillips, 4309 Velencia, said he just wanted the Council to know he was here to answer
any questions.
There being no further comments, the Public Hearing was closed at 8:15 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Lyles, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2011-3380,
amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of
20
RM111011 Minutes Page 7
the Code of Ordinances of the City of College Station, Texas by rezoning 6.86 acres located at
6100 Victoria Avenue, and more generally located west of the Castlegate Subdivision, from A-0
Agricultural Open to R-1 Single-Family Residential and R-1B Single-Family Residential. The
motion carried unanimously.
3. Presentation, possible action, and discussion on appointments to the Brazos Valley
Animal Shelter Board.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Lyles, the City Council voted six (6) for and none (0) opposed, to appoint Chantal Vassali to the
Brazos Animal Shelter Board. The motion carried unanimously.
4. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 8:20 p.m. on Thursday, November 10, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
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November 21, 2011
Consent Agenda Item No. 2b
Campus Village Parkland Reimbursement
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services
David Schmitz, Director – Parks & Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
approving the reimbursement of Neighborhood Park Development Fees in the amount of
$120,668 from Neighborhood Park Zone 6 to CVCS, LLC for the construction of the multi-
use path in accordance with the Campus Village PDD Planned Development District zoning
ordinance.
Recommendation: Staff recommends approval of the reimbursement of $120,668 from
Neighborhood Park Zone 6 to CVCS, LLC for credit for construction of the multi-use path as
authorized with the Campus Village development in PDD rezoning Ordinance 2010-3246.
Summary: At their November 10, 2009 meeting, the Parks and Recreation Advisory Board
recommended approval of a dollar-for-dollar credit in lieu of the Neighborhood Park
Development Fee portion of the parkland dedication requirements in relation to the Campus
Village development for their future construction of a public multi-use path identified on the
Bicycle, Pedestrian, and Greenways Master Plan. At the June 10, 2010 Council meeting, a
PDD Planned Development District ordinance was adopted (Ordinance 2010-3246) for the
Campus Village development. The ordinance formally authorized the dollar-for-dollar credit
recommended by the Parks and Recreation Advisory Board with the terms that the design of
the multi-use path occur with the first phase of development and construction before
completion of the second phase of the development.
In July 2010, CVCS, LLC of Lansing, Michigan, developer of Campus Village, paid $120,668
in Neighborhood Park Development Fees as part of the construction of 194 multi-family
units with Phase 1A since the multi-use path had not yet been constructed. Those funds
were deposited into the Neighborhood Park Zone 6 account. The multi-use path was
accepted by the City on October 13, 2011, prior to the completion of the second phase of
development. As the reimbursement amount is greater than $50,000, this authorization to
reimburse the $120,668 must be approved by Council.
Budget & Financial Summary: The source of funds for the reimbursement is Parkland
Dedication funds in the Neighborhood Park Land Zone 6 Fund, which is where the collected
fees were deposited. The Park Land Zone 6 Fund has a current uncommitted balance of
$159,624. The budget for the reimbursement was not included in the FY12 Approved
Budget as it was not known at the time the budget was developed that the reimbursement
would be made. $95,000 was included in the budget for Park Land Zone 6 expenditures and
this will be used toward the budget for the reimbursement. The balance of the budget will
be included on a future FY12 budget amendment.
Attachments:
1. Resolution
2. Parks & Recreation Advisory Board Minutes – November 10, 2009
3. Excerpt from Ordinance 2010-3246 - Campus Village Rezoning Ordinance
4. Letter of Completion
22
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, APPROVING THE REIMBURSEMENT OF PARKLAND
DEDICATION FUNDS FOR COMPLETION OF A MULTI-USE PATH FACILITY.
WHEREAS, the Parks and Recreation Advisory Board of the City of College Station, Texas,
recommended approval at their November 10, 2009 meeting of a dollar-for-dollar credit in lieu
of the Neighborhood Park Development Fee portion of the parkland dedication requirements
for the Campus Village development for the construction of a public multi-use path in
accordance with the Bicycle, Pedestrian, and Greenways Master Plan; and
WHEREAS, the City Council of the City of College Station, Texas, adopted Ordinance 2010-
3246, a PDD Planned Development District for the Campus Village development, at their June
10, 2010 meeting which included authorization for the dollar-for-dollar credit, design of the
multi-use path with the first phase and construction by the second phase of development; and
WHEREAS, CVCS, LLC of Lansing, Michigan, developer of Campus Village, constructed 194
multi-family units with Phase 1A and paid $120,668 in Neighborhood Park Development Fees
that were received into the Neighborhood Park Zone 6 account; and
WHEREAS, CVCS, LLC of Lansing, Michigan, constructed the multi-use path prior to the
completion of the second phase of development at an estimated cost of $358,236.50; and
WHEREAS, the College Station, Texas accepted the multi-use path constructed by CVCS, LLC
of Lansing, Michigan for public use on October 13, 2011; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby approves the reimbursement of Neighborhood
Park Development Fees from Neighborhood Park Zone 6 in the amount of
$120,668 to CVCS, LLC of Lansing, Michigan for credit of construction of the
public multi-use path adjacent to the Campus Village development.
PART 2: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 21st day of November, A.D. 2011.
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary MAYOR
APPROVED:
_______________________________
City Attorney
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November 21, 2011
Consent Agenda Item No. 2c
Brazos Valley Council of Governments
Recycling Grant Authorization
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion on a resolution approving a
Texas Commission on Environmental Quality (TCEQ) and Brazos Valley Council of
Governments Grant Application (BVCOG) in the amount of $10,700.00.
Relationship to Strategic Goals: Green Sustainable City.
Recommendation(s): Staff recommends approval of the grant application with TCEQ and
BVCOG in the amount of $10,700.00.
Summary: The Brazos Valley Council of Governments (BVCOG) is now accepting Requests
for Project Applications. BVCOG has $51,672.00 in funding from the Texas Commission on
Environmental Quality (TCEQ) for FY 2012 solid waste implementation project grants.
The City of College Station Public Works Staff has completed the grant application and is
requesting funding in the amount of $10,700.00 to purchase a smart phone application My-
Waste and Brazos Valley Earth Day advertising.
The My-waste smart phone application from Municipal Media Corp. Recycle Calendars is fully
customizable to any municipal solid waste program. It will provide complete local program
information such as recycling guides and directories, bulk garbage, composting, and
collection schedules tailored to each household. Residents download the application for free
and can set up the application to include personalized schedules including holiday changes,
household hazardous waste events, and reminders.
Brazos Valley Earth Day celebrates the Earth and educates residents about the importance
of taking care of the environment through waste reduction and recycling efforts along with
other important environmental issues such as water and energy conservation. Local
businesses and groups are able to display information and materials at no cost, offering
residents a wide variety of information. Funding will allow the City of College Station to
continue participation as a Hosting Entity alongside City of Bryan, TAMU, Brazos Valley
Council of Governments, Keep Brazos Beautiful, and Brazos Valley Solid Waste Management
Agency, Inc. The last Earth Day hosted at Wolf Pen Creek on April 16 brought more than
3500 people.
Budget & Financial Summary: Grant Application in the amount of $10,700.00, if
awarded Public Works will provide $1,000.00 in matching funds. Staff will evaluate the
performance and use of the smart phone application in 2012 and make and develop
recommendations for renewal in FY 2013 based on program effectiveness. If this smart
phone application My-Waste service is successful in FY 2012, then staff will apply for
another grant in 2013 and future years to continue the service. The cost of the smart
phone application is approximately $2,200 per year.
Attachments:
1. Resolution
2. BVCOG Grant Application - On file at City Secretary’s Office.
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November 21, 2011
Consent Agenda Item No. 2d
Project Number ST-1202
University Drive Sidewalks Improvements Project
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding professional
services contract for the University Drive Sidewalks Improvements Project to Gattis
Engineering, LLC in the amount of $75,595.00
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s): Staff recommends approval of this contract.
Summary: Funding in the form of Community Development Block Grant funds has been
identified for the design of new sidewalks along University Drive between Texas Avenue and
Fire Station No. 6, currently under construction. Design work covered under this contract
includes, but is not limited to, the route design, topographical and boundary survey, and the
identification of potential land need.
Budget & Financial Summary: The FY12 revised budget for design and land acquisition
for this project is $81,000. It is anticipated that additional CDBG funds will be allocated for
construction of the sidewalks in FY13, but this is contingent upon receipt of sufficient CDBG
funds.
Attachments:
1. Resolution
2. Project Location Map
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November 21, 2011
Consent Agenda Item No. 2e
Project Number ST-1203
FM 2154 Sidewalk Improvements Project
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding professional
services contract for the FM 2154 Sidewalk Improvements Project to Gattis Engineering, LLC
in the amount of $98,229.00.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s): Staff recommends approval of this contract.
Summary: Funding in the form of Community Development Block Grant funds has been
identified for the design of sidewalks along FM 2154 (Wellborn Road) between Southwest
Parkway and Luther Street. Design work covered under this contract includes, but is not
limited to, the route design, topographical and boundary survey, and the identification of
potential land need.
Budget & Financial Summary: The FY12 revised budget for design and land acquisition
for this project is $104,000. It is anticipated that additional CDBG funds will be allocated for
construction of the sidewalks in FY13, but this is contingent upon receipt of sufficient CDBG
funds.
Attachments:
1. Resolution
2. Project Location Map
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November 21, 2011
Consent Agenda Item No. 2f
Project Number ST 10-26
Barron Road Widening Phase 2
Construction Contract Change Order
To: David Neeley, City Manager
From: Chuck Gilman, P.E. Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
a change order to the construction contract (11-013) with Brazos Paving in the amount of
$36,460.94 for the Barron Road Widening Phase 2 Project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure. Goal IV, Improving Multi Modal Transportation.
Recommendation(s): Staff recommends approval of the change order.
Summary: The construction for the Barron Road Widening Phase 2 project has been
ongoing since December 2010. We are currently on schedule to finish the project in the
spring of 2012. This change order is for adding:
· Short concrete retaining wall to reduce maintenance
· School zone signs and flashing beacons
Short concrete retaining wall to reduce maintenance
The area between the privacy fences and the edge of the sidewalk is greater than a 3:1
slope, which creates some maintenance challenges for city staff. A steep slope can promote
erosion and creates a landscaped area that is difficult to maintain therefore, a small
concrete retaining wall was proposed to allow the contractor to grade a flatter slope
between the fences and the sidewalk and provide a more manageable landscaped area.
School zone signs and flashing beacons
Also, the traffic signing and striping plans did not include the school zone signs and flashing
beacons. This change order will add to the contract the school zone signs, flashing beacons,
and pavement striping.
Budget & Financial Summary: Change Order No. 3 will increase the contract amount by
$36,460.94 for a revised contract total of $4,114,725.84. Funds in the amount of
$5,363,779.00 are currently budgeted for this project in the Street Capital Improvement
Projects Fund. Also, $50,000.00 is budgeted in the Water Capital Improvement Projects
Fund for water components of this project. Funds in the amount of $4,164,964.70 have
been expended to date from ST1026, leaving a balance of $1,198,814.30 which will cover
this change order.
Attachments:
1.) Change Order
2.) Map
3.)
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Barron Road Widening
Phase 2
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November 21, 2011
Consent Agenda Item No. 2g
Renewal of Hot Mix Asphalt Price Agreement
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding renewal
of bid #11-69 to Knife River to provide a six month agreement for the purchase of
Type D Hot Mix Asphalt for the maintenance of streets in an amount not to exceed
$600,000 ($60.00 per ton).
Relationship to Strategic Goals: Financially Sustainable City Providing Response
to Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the bid award to Knife
River.
Summary: Knife River submitted the only bid for a price agreement to provide
Type D Hot Mix Asphalt for the maintenance of streets in the City. The bid was for
the purchase of hot mix asphalt to be picked up at the production plant. Due to the
rising petroleum prices the bid was requested as both an annual agreement and an
alternate six month agreement. Knife River offered a bid for an annual agreement in
the amount of $62.00 per ton. They also offered an alternate bid for a six month
agreement in the amount of $60.00 per ton. Staff recommended that the six month
agreement be accepted for the amount of $60.00 per ton. The current contract
expires on December 14 and staff recommends that the agreement be renewed for
the $60.00 per ton.
Knife River has agreed to the renewal. The contract supports maintenance
operations in the Street Maintenance Division. HMAC-Type D is the primary material
used in the repair of asphalt pavement streets. It is used in both the asphalt base
failure repair operations and by the crew of the Bergkamp pothole repair truck. The
material needs to be purchased within a 40 mile radius of the City to maintain the
optimum temperature of the mix and the proper chemical makeup.
Budget & Financial Summary: Funding is available in the operating budget of
the Street Maintenance Division.
Attachments: Renewal letter
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November 21, 2011
Consent Agenda Item No. 2h
Tauber & Stasney Street and Utility Rehabilitation Project
Construction Change Order
Project Numbers ST-0505, WF0625888, WF0625893, WF6598173, CO-0902
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding a change order to
contract # 11-003 to Dudley Construction Ltd. to deduct $82,502.64 for the Tauber &
Stasney Street & Utility Rehabilitation construction contract.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure and Goal II.1, Preserving and restoring older
neighborhoods
Recommendation(s): Staff recommends approval of this change order.
Summary: A $100,000 line item was included in the original bid to account for a new on-
street parking system in along Tauber and Stasney. Staff from Planning and Development
Services recently solicited proposal for the new on-street parking system. The most
efficient approach to the installation of the new system is to allow Dudley Construction to
core the sidewalk and install the street meter poles, and allow city staff and the vendor
supplying the parking meters to install the meter heads and program the devices. The
installation of meter poles, at a cost of $12,732.50, is the only portion of the original
$100,000 line item that will remain in the scope of work for the project. The balance will be
utilized to purchase and install the new meter heads.
The change order also includes the additional striping for cross walks at the Stasney and
Tauber intersections of University Drive and the inclusion of stop bars where they were
removed as part of the project demolition and intersection reconstruction at University,
Church, Cross and Cherry. Additionally, during the relocation of water meters on Tauber St.
one multifamily unit was discovered to have a water meter attached to the building fire line.
This is not allowed and in discussions with College Station utilities, Water Services Division,
it was decided to allow the contractor for this project to remove the meter from the line and
make the necessary repair at a cost of $1,189.86.
Budget & Financial Summary: Funds in the amount of $2,760,523 are currently budgeted
for the Streets portion of this project. The items on the change order related to the Streets
portion of the project will result in a credit of $83,692.50. These funds will remain in the
project budget until the project is complete. Funds in the amount of $296,403 are currently
budgeted for the Water portion of the project. The items on the change order related to the
Water portion of the project will result in an additional expense of $1,189.86, which is
within the project budget.
Attachments:
1. Change Order
2. Project Location Map
3. Parking Plan
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November 21, 2011
Consent Agenda Item No. 2i
Purchase of Transformers
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action, and discussion on a bid award for the purchase
of electrical pad-mounted transformers to Techline for a total of $74,736.00.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure
Recommendation(s): Recommend award to the lowest responsible bidder meeting
specification.
Summary: These purchases will be made upon award of this agreement. The transformers are
maintained in the electrical inventory and expensed as necessary. These transformers are bought
and kept in stock. Typically, our price agreements include firm, fixed pricing for 12 months;
however, this industry is unusually volatile at this time, and in order to get the best pricing
possible, we will make these purchases immediately upon award and place these transformers in
our inventory.
Budget & Financial Summary: Five (5) sealed, competitive bids were received and opened on
October 26, 2011. Funds are budgeted and available in the Electrical Fund. Various projects may
be expensed as supplies are pulled from inventory and issued.
Attachments: Bid Tabulation No. 12-016
51
Order Quantity:8
INVENTORY #:285-086-00031
HD Supply #1 Central Maloney $2,038.05 $16,304.40 $2,529.14 10
HD Supply #2 Ermco $1,622.25 $12,978.00 $2,117.09 8-10
HD Supply #3 GE Prolec $2,017.05 $16,136.40 $2,449.11 6
KBS #1 Cooper $2,203.00 $17,624.00 $2,709.69 14-16
KBS #2 Ermco $1,649.00 $13,192.00 $2,143.84 8-10
PM & N #1 Central Maloney $2,001.00 $0.00 $2,492.09 10
Techline #1 Howard $1,470.00 $11,760.00 $1,954.55 6-8
Techline #1 Howard $1,443.00 $11,544.00 $1,933.58 8-10
WESCO #1 ABB $1,835.00 $14,680.00 $2,315.15 10-12
Low Bid
ITEM NUMBER: 1
Total Owning Cost
(TOC) DELIVERY (weeks)
ITEM DESCRIPTION: 25 KVA Padmount Transformer 240/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE
52
Order Quantity:8
INVENTORY #:285-086-00059
HD Supply #1 Central Maloney $2,233.35 $17,866.80 $2,899.66 10
HD Supply #2 Ermco $1,823.85 $14,590.80 $2,455.60 8-10
HD Supply #3 GE Prolec $2,190.30 $17,522.40 $2,855.05 6
KBS #1 Cooper $2,506.00 $20,048.00 $3,202.58 14-16
KBS #2 Ermco $1,867.00 $14,936.00 $2,498.75 8-10
PM & N #1 Central Maloney $2,192.00 $17,536.00 $2,858.31 10
Techline #1 Howard $1,872.00 $14,976.00 $2,488.48 6-8
Techline #2 Howard $1,775.00 $14,200.00 $2,419.66 8-10
WESCO #1 ABB $1,965.00 $15,720.00 $2,619.49 10-12
Low bid
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER : 2
ITEM DESCRIPTION: 37.5 KVA Padmount Transformer 240/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
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Order Quantity:8
INVENTORY #:285-086-00033
HD Supply #1 Central Maloney $2,974.65 $23,797.20 $4,124.61 8
HD Supply #2 Ermco $2,420.25 $19,362.00 $3,563.07 8-10
HD Supply #3 GE Prolec $2,886.45 $23,091.60 $3,980.05 6
KBS #1 Cooper $2,809.00 $22,472.00 $3,864.06 16-18
KBS #2 Ermco $2,452.00 $19,616.00 $3,594.82 8-10
PM & N #1 Central Maloney $2,920.00 $23,360.00 $4,069.96 10
Techline #1 Howard $2,387.00 $19,096.00 $3,477.41 6-8 3% window
Techline #2 Howard $2,402.00 $19,216.00 $3,402.76 8-10
WESCO #1 ABB $2,442.00 $19,536.00 $3,600.12 10-12
Low bid
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER : 3
ITEM DESCRIPTION: 75 KVA Padmount Transformer 240/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
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Order Quantity:8
INVENTORY #:285-086-00035
HD Supply #1 Central Maloney $4,994.85 $39,958.80 $7,193.07 10
HD Supply #2 Ermco $3,682.35 $29,458.80 $5,909.11 8-10
HD Supply #3 GE Prolec $4,652.55 $37,220.40 $6,804.55 6
KBS #1 Cooper $4,410.00 $35,280.00 $6,610.00 14-16
KBS #2 Ermco $3,772.00 $30,176.00 $5,998.76 8-10
PM & N #1 Central Maloney $4,904.00 $39,232.00 $7,102.22 10
Techline #1 Howard $3,402.00 $27,216.00 $5,615.56 6-8
Techline #2 Howard $3,737.00 $29,896.00 $5,369.57 8-10
WESCO #1 ABB $4,036.00 $32,288.00 $6,004.37 10-12
Low bid
Total Owning
Cost (TOC)
DELIVERY
(weeks)
ITEM NUMBER : 4
ITEM DESCRIPTION: 167.5 KVA Padmount Transformer 240/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
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SUMMARY
Vendor Manufacturer Quantity Unit Price Total Delivery
Item #1
25 KVA Padmount Transformer 240/120 Techline Howard 8 $1,443 $11,544 8-10 weeks
Inventory #285-086-00031
Item #2
37.5 KVA Padmount Transformer 240/120 Techline Howard 8 $1,775 $14,200 8-10 weeks
Inventory #285-086-00059
Item #3
75 KVA Padmount Transformer 240/120 Techline Howard 8 $2,387 $19,096 6-8 weeks
Inventory #285-086-00040
Item #4
167.5 KVA Padmount Transformer 240/120 Techline Howard 8 $3,737 $29,896 8-10 weeks
Inventory #285-086-00035
Total Techline $74,736
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November 21, 2011
Consent Agenda Item No. 2j
Authorize Brazos County Appraisal District Expenditures
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion to authorize the FY 12
expenditures for the Brazos County Appraisal District in the amount of $240,272 pursuant
to the Property Tax Code 6.06D
Recommendation(s): Staff recommends approval of the expenditures in the amount of
$240,272 to the Brazos County Appraisal District.
Summary: Chapter 6.01 of the Property Tax Code calls for an appraisal district to be
established in each county. The district is responsible for appraising property in the district
for ad valorem taxes purposes of each taxing unit that imposes ad valorem taxes in the
district. Chapter 6.06 (d) stipulates how the funding is allocated: “each taxing unit
participating in the district is allocated a portion of the amount of the budget equal to the
proportion that the total dollar amount of property taxes imposed in the district by the unit
for the tax year in which the budget proposals is prepared bears to the sum of the total
amount of property taxes imposed in the district by each participating unit for that year.”
Budget & Financial Summary: Funds are available and budgeted in the General Fund,
Finance Administration Budget. Payments are made in four equal payments made at the
end of each calendar quarter.
Attachments:
None
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November 21, 2011
Consent Agenda Item No. 2k
2012 Blue Cross and Blue Shield
Administrative Services Agreement Renewal
To: David Neeley, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion on obtaining
approval for the Administrative Services Agreement renewal with Blue Cross and
Blue Shield of Texas for medical, dental and prescription drug plan claims
administration for calendar year 2012, in the amount of $425,981.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the contract renewal.
Summary: The City’s health plan is self-funded and has contracted with Blue Cross
and Blue Shield of Texas to administer claims. McGriff, Seibels & Williams, the city’s
benefits consultant, was able to negotiate a 2.8% increase on the medical
administration fees and a 0% increase to dental and prescription drug fees. These
fees are in line with the rate caps provided in the Administrative Service Agreement
effective 1/1/08.
Budget and Financial Summary: Funds are available in the employee benefits
fund.
Attachments:
Blue Cross and Blue Shield ASA Renewal
58
59
60
61
November 21, 2011
Consent Agenda Item No. 2L
Fire Equipment Purchases
To: David Neeley, City Manager
From: R. B Alley III, Fire Chief
Agenda Caption: Presentation, possible action, and discussion authorizing the
expenditure of $70,478.15 with Casco Industries Inc. for the purchase of fire equipment and
supplies of which $50,725.75 is exempt from competitive bidding pursuant to Local
Government Code 252.022(7) a procurement of items from only one source.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of this purchase.
Summary: Requesting approval to purchase $41,555.28 of M.S.A. self contained
breathing apparatus equipment and $9,170.47 to purchase one M.S.A. thermal imaging
camera. Casco Industries Inc. is the sole source for M.S.A. breathing apparatus and thermal
imaging cameras.
Additionally, we are requesting approval to purchase $19,752.40 of fire engine equipment;
to include nozzles, adapters, monitors, valves, wrenches, straps and cones. Three (3)
informal bids were received and evaluated and it was determined that Casco Industries Inc
offered the best value as they submitted the lowest bid.
The purchase of this equipment will add an additional engine to our fleet in preparation of
the opening of station 6.
Budget & Financial Summary: Partial funding for these purchases was approved in a
fiscal year 11 service level adjustment and carried over into fiscal year 12. The remainder of
the funding was approved in a service level adjustment for fiscal year 12.
Attachments:
1. Casco price quotes – On file in the City Secretary’s office
2. MSA sole source letter – On file in the City Secretary’s office
3. Bid tab – On file in the City Secretary’s office
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November 21, 2011
Consent Agenda Item No. 1
Defeasance of a Portion of the 2009 Certificates of Obligation
Ordinance
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion on an ordinance of the
City Council of the City of College Station, Texas, authorizing the defeasance of a portion of
City of College Station, Texas Certificates of Obligation Series 2009; Approving an Escrow
Agreement; and providing an effective date.
Recommendation(s): Staff recommends approval of the Ordinance and Escrow
Agreement.
Summary: In 2009 the City of College Station issued $31.315 million in Certificates of
Obligation. $2.6 million of the proceeds were expended to acquire approximately 7.1469
acres of land located at 701 University Drive East to be used as a site for a convention
center. On July 25, 2011 the council determined that it no longer intends to construct a
convention center on the property purchased. Due to the change in use of the property
remedial action must be taken to maintain the the tax-exempt status of the Certificates of
Obligation. After discussions with the City’s Bond Counsel and City Attorney it has been
determined that the best course of action for the City is to defease, or pay off, the portion
of the bond associated with the purchase of the land. Defeasing the bonds removes the
federal tax limitations currently placed on the use of the property. The bonds are not
callable until February 15, 2019 therefore, an escrow account will need to be established.
Budget & Financial Summary: The total amount of bonds that will be defeased is
$2,305,000. The total amount needed to fund the escrow account is $2,715,367. Funding
sources consist of $2,305,000 principal payment from the Hotel Tax Fund and $410,367
interest payment from the Chimney Hill Fund. Once the property is sold, all proceeds will
go back to the Hotel Tax Fund.
A budget amendment will be prepared for the December 8, 2011 City Council Meeting to
appropriate the funds for this defeasance.
Attachments:
Ordinance
Escrow Agreement
63
64
65
66
67
68
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ESCROW AGREEMENT
Relating to the defeasance of
CITY OF COLLEGE STATION, TEXAS
CERTIFICATES OF OBLIGATION, SERIES 2009
THIS ESCROW AGREEMENT, dated as of November 21, 2011 (together with any
amendments or supplements hereto, called the "Agreement") is entered into by and between the
City of College Station, Texas (the "Issuer") and The Bank of New York Mellon Trust
Company, N.A., as escrow agent (the "Escrow Agent"). The addresses of the Issuer and the
Escrow Agent are shown on Exhibit "A" attached hereto and made a part hereof.
W I T N E S S E T H:
WHEREAS, the Issuer has previously issued and there presently remain outstanding the
"City of College Station, Texas Certificates of Obligations, Series 2009," and the Issuer
authorizes the defesance of a portion of such certificates of obligation (and such portion being
defeased are hereafter called the "Defeased Obligations") which are further described in the
Verification Report of Grant Thornton LLP, a true and correct copy of which is attached hereto
as Exhibit "B" and made a part hereof (the "Report"); and
WHEREAS, the Defeased Obligations are scheduled to mature on such dates, bear
interest at such rates, and be payable at such times and in such amounts as are set forth in the
Report; and
WHEREAS, in accordance with the ordinance authorizing the issuance of the Defeased
Obligations, the Issuer hereby directs the defeasance of the Defeased Obligations and shall cause
to be deposited the Escrowed Securities (as defined herein) described in the Report and which
shall mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money to provide for the payment of the
principal of the Defeased Obligations, plus interest thereon to the dates of maturity or prior
redemption, as described in the Report; and
WHEREAS, when firm banking arrangements have been made for the payment of
principal and interest to the maturity or redemption date of the Defeased Obligations, then the
Defeased Obligations shall be deemed to be paid, retired and no longer outstanding except for
the purpose of receiving payment from the funds provided for such purpose; and
WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207"), authorizes the
Issuer to deposit any available funds or resources, directly with any place of payment (paying
agent) for the Defeased Obligations, or a trust company or commercial bank other than any place
of payment for any of the Defeased Obligations that does not act as a depository for the Issuer,
and such deposit, if made before such payment dates and in sufficient amounts, shall constitute
the making of firm banking and financial arrangements for the discharge and final payment of
the Defeased Obligations; and
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WHEREAS, Chapter 1207 further authorizes the Issuer to enter into an escrow agreement
with any such paying agent for the Defeased Obligations with respect to the safe-keeping,
investment, administration and disposition of any such deposit, upon such terms and conditions
as the Issuer and such paying agent may agree, provided that such deposits may be invested only
in the following securities: (a) direct obligations of the United States of America, including
obligations the principal of and interest on which are unconditionally guaranteed by the United
States of America, and which may be in book entry form, (b) noncallable obligations of an
agency or instrumentality of the United States of America, including obligations that are
unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the
governing body of the issuer adopts or approves the proceedings authorizing the issuance of
refunding bonds, are rated as to investment quality by a nationally recognized investment rating
firm not less than AAA or its equivalent, and (c) noncallable obligations of a state or an agency
or a county, municipality, or other political subdivision of a state that have been refunded and
that, on the date the governing body of the issuer adopts or approves the proceedings authorizing
the issuance of refunding bonds, are rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent, and which shall mature and/or bear
interest payable at such times and in such amounts as will be sufficient to provide for the
scheduled payment of principal and interest on the Defeased Obligations when due; and
WHEREAS, the Escrow Agent is the paying agent for the Defeased Obligations, and this
Agreement constitutes an escrow agreement of the kind authorized and required by Chapter
1207; and
WHEREAS, Chapter 1207 makes it the duty of the Escrow Agent to comply with the
terms of this Agreement and timely make available the amounts required to provide for the
payment of the principal of and interest on the Defeased Obligations when due, and in
accordance with their terms, but solely from the funds, in the manner, and to the extent provided
in this Agreement; and
WHEREAS, to provide for the payment of the principal of the Defeased Obligations at
their respective maturity dates or date of prior redemption and the interest thereon to such dates,
the Issuer will provide to the Escrow Agent lawfully available funds (other than bond proceeds)
for such purpose; and
WHEREAS, the Issuer desires that the available funds of the Issuer to be used to effect
the defeasance of the Defeased Obligations shall be applied to purchase certain direct obligations
of the United States of America hereinafter defined as the "Escrowed Securities" for deposit to
the credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a
beginning cash balance (if needed) in such Escrow Fund; and
WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be
payable at such times and in such amounts so as to provide moneys which, together with cash
balances from time to time on deposit in the Escrow Fund, will be sufficient to pay interest on
the Defeased Obligations as it accrues and becomes payable and the principal of the Defeased
Obligations on their maturity dates or date of redemption; and
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WHEREAS, to facilitate the receipt and transfer of proceeds of the Escrowed Securities,
particularly those in book entry form, the Issuer desires to establish the Escrow Fund at the
designated corporate trust office of the Escrow Agent; and
WHEREAS, the Escrow Agent is herein also referred to as the "Paying Agent", and in
such capacity as paying agent for the Defeased Obligations, acting through the Escrow Agent, is
also a party to this Agreement, as the sole paying agent for the Defeased Obligations, to
acknowledge its acceptance of the terms and provisions of this Agreement in such capacity.
NOW, THEREFORE, in consideration of the mutual undertakings, promises and
agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure
the full and timely payment of principal of and the interest on the Defeased Obligations, the
Issuer and the Escrow Agent mutually undertake, promise, and agree for themselves and their
respective representatives and successors, as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATIONS
Section 1.01. Definitions. Unless the context clearly indicates otherwise, the following
terms shall have the meanings assigned to them below when they are used in this Agreement:
"Code" means the Internal Revenue Code of 1986, as amended, or to the extent
applicable the Internal Revenue Code of 1954, together with any other applicable
provisions of any successor federal income tax laws.
"Escrow Fund" means the fund created by Section 3.01 of this Agreement to be
administered by the Escrow Agent pursuant to the provisions of this Agreement.
"Escrowed Securities" means the direct noncallable, non-prepayable United States
Treasury obligations and obligations the due timely payment of which is unconditionally
guaranteed by the United States of America described in the Report or cash or other
direct obligations of the United States of America substituted therefor pursuant to Article
IV of this Agreement.
Section 1.02. Other Definitions. The terms "Agreement", "Issuer", "Escrow Agent",
"Defeased Obligations", "Report" and "Paying Agent", when they are used in this Agreement,
shall have the meanings assigned to them in the preamble to this Agreement.
Section 1.03. Interpretations. The titles and headings of the articles and sections of this
Agreement have been inserted for convenience and reference only and are not to be considered a
part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all
of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth
herein and to achieve the intended purpose of providing for the refunding of the Defeased
Obligations in accordance with applicable law.
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ARTICLE II
DEPOSIT OF FUNDS AND ESCROWED SECURITIES
On or before December 1, 2011, the Issuer shall deposit, or cause to be deposited, with
the Escrow Agent, for deposit in the Escrow Fund, the funds and Escrowed Securities described
in the Report, and by executing this Agreement, the Escrow Agent shall have acknowledged the
receipt thereof to the Issuer.
ARTICLE III
CREATION AND OPERATION OF ESCROW FUND
Section 3.01. Escrow Fund. The Escrow Agent has created on its books a special trust
fund and irrevocable escrow to be known as the "City of College Station, Texas Certificates of
Obligation, Series 2009 Defeasance Escrow Fund" (the "Escrow Fund"). The Escrow Agent
hereby agrees that upon receipt thereof it will irrevocably deposit to the credit of the Escrow
Fund the funds and the Escrowed Securities described in the Report. Such deposit, all proceeds
therefrom, and all cash balances from time to time on deposit therein (a) shall be the property of
the Escrow Fund, (b) shall be applied only in strict conformity with the terms and conditions of
this Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of and
interest on the Defeased Obligations, which payment shall be made by timely transfers of such
amounts at such times as are provided for in Section 3.02 hereof. When the final transfers have
been made for the payment of such principal of and interest on the Defeased Obligations, any
balance then remaining in the Escrow Fund shall be transferred to the Issuer, and the Escrow
Agent shall thereupon be discharged from any further duties hereunder.
Section 3.02. Payment of Principal and Interest. The Escrow Agent is hereby
irrevocably instructed to transfer from the cash balances from time to time on deposit in the
Escrow Fund, the amounts required to pay the principal of the Defeased Obligations and interest
thereon in the amounts and on the dated shown in the Report.
Section 3.03. Sufficiency of Escrow Fund. The Issuer represents that the successive
receipts of the principal of and interest on the Escrowed Securities will assure that the cash
balance on deposit from time to time in the Escrow Fund will be at all times sufficient to provide
moneys for transfer to the Paying Agent at the times and in the amounts required to pay the
interest on the Defeased Obligations as such interest comes due and the principal of the Defeased
Obligations as the Defeased Obligations mature or are redeemed prior to maturity, all as more
fully set forth in the Report. If, for any reason, at any time, the cash balances on deposit or
scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts
required by each place of payment (paying agent) for the Defeased Obligations to make the
payments set forth in Section 3.02 hereof, the Issuer shall timely deposit in the Escrow Fund,
from any funds that are lawfully available therefor, additional funds in the amounts required to
make such payments. Notice of any such insufficiency shall be given as promptly as practicable
as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any
insufficiency of funds in the Escrow Fund or the Issuer's failure to make additional deposits
thereto.
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Section 3.04. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund,
the Escrowed Securities and all other assets of the Escrow Fund, wholly segregated from all
other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed
Securities or any other assets of the Escrow Fund to be commingled with any other funds or
securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund
only as set forth herein. The Escrowed Securities and other assets of the Escrow Fund shall
always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the
Defeased Obligations; and a special account thereof shall at all times be maintained on the books
of the Escrow Agent. The owners of the Defeased Obligations shall be entitled to the same
preferred claim and first lien upon the Escrowed Securities, the proceeds thereof, and all other
assets of the Escrow Fund to which they are entitled as owners of the Defeased Obligations. The
amounts received by the Escrow Agent under this Agreement shall not be considered as a
banking deposit by the Issuer, and the Escrow Agent shall have no right to title with respect
thereto except as a constructive trustee and Escrow Agent under the terms of this Agreement.
The amounts received by the Escrow Agent under this Agreement shall not be subject to
warrants, drafts or checks drawn by the Issuer or, except to the extent expressly herein provided,
by the Paying Agent.
Section 3.05. Security for Cash Balances. Cash balances from time to time on deposit in
the Escrow Fund shall, to the extent not insured by the Federal Deposit Insurance Corporation or
its successor, be continuously secured by a pledge of direct obligations of, or obligations
unconditionally guaranteed by, the United States of America, having a market value at least
equal to such cash balances.
ARTICLE IV
LIMITATION ON INVESTMENTS
Section 4.01. Duty of Escrow Agent to Investment Funds. Except as provided in
Sections 3.02, 4.02, 4.03 and 4.04 hereof, the Escrow Agent shall not have any power or duty to
invest or reinvest any money held hereunder, or to make substitutions of the Escrowed
Securities, or to sell, transfer or otherwise dispose of the Escrowed Securities.
Section 4.02. Reinvestment of Certain Cash Balances in Escrow by Escrow Agent. In
addition to the Escrowed Securities listed in the Report, the Escrow Agent shall reinvest cash
balances shown in the Report in United States Treasury Certificates of Indebtedness, Notes or
Bonds - State and Local Government Series with an interest rate equal to zero percent (0%) (the
"Zero SLGs") to the extent such Obligations are available from the Department of Treasury. All
such re-investments shall be made only from the portion of cash balances derived from the
maturing principal of and interest on any Escrowed Securities. Unless otherwise instructed by
the Issuer in accordance with Section 4.03 hereof, the Escrow Agent shall acquire any Zero
SLGs on the dates the Escrowed Securities listed in the Report mature, as shown in the Report,
or on the first date Zero SLGs become available thereafter. The Escrow Agent shall purchase
Zero SLGs that only mature on the dates shown in the Report.
Section 4.03. Substitutions and Reinvestments. At the written direction of the Issuer,
the Escrow Agent shall reinvest cash balances representing receipts from the Escrowed
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Securities, make substitutions of the Escrowed Securities or redeem the Escrowed Securities and
reinvest the proceeds thereof or hold such proceeds as cash, together with other moneys or
securities held in the Escrow Fund, provided that the Issuer delivers to the Escrow Agent the
following:
(1) an opinion by an independent certified public accountant that after such
substitution or reinvestment the principal amount of the securities in the Escrow Fund,
together with the interest thereon and other available moneys, will be sufficient to pay,
without further investment or reinvestment, as the same become due in accordance with
the Report, the principal of, interest on and premium, if any, on the Defeased Obligations
which have not previously been paid, and
(2) an unqualified opinion of nationally recognized municipal bond counsel to
the effect that (a) such substitution or reinvestment will not cause the Defeased
Obligations to be "arbitrage bonds" within the meaning of section 148 of the Code or the
regulations thereunder in effect on the date of such substitution or reinvestment, or
otherwise make the interest on the Defeased Obligations subject to federal income
taxation, and (b) such substitution or reinvestment complies with the Constitution and
laws of the State of Texas and with all relevant documents relating to the issuance of the
Defeased Obligations.
The Escrow Agent shall have no responsibility or liability for loss or otherwise with
respect to investments made at the written direction of the Issuer.
Section 4.04. Substitution for Escrowed Securities. Concurrently with the initial deposit
by the Issuer with the Escrow Agent, but not thereafter, the Issuer, at its option, may substitute
cash or non-interest bearing direct noncallable, non-prepayable obligations of the United States
Treasury (i.e., Treasury obligations which mature and are payable in a stated amount on the
maturity date thereof, and for which there are no payments other than the payment made on the
maturity date) (the "Substitute Obligations") for non-interest bearing Escrowed Securities, if any,
but only if such Substitute Obligations
(a) are in an amount, and/or mature in an amount, which is equal to or greater
than the amount payable on the maturity date of the obligation listed in the Report for
which such Substitute Obligation is substituted,
(b) mature on or before the maturity date of the obligation listed in the Report
for which such Substitute Obligation is substituted, and
(c) produce the amount necessary to pay the interest on and principal of the
Defeased Obligations, as set forth in the Report, as verified by a certified public
accountant or a firm of certified public accountants.
If, concurrently with the initial deposit by the Issuer with the Escrow Agent, any such
Substitute Obligations are so substituted for any Escrowed Securities, the Issuer may, at any time
thereafter, substitute for such Substitute Obligations the same Escrowed Securities for which
such Substitute Obligations originally were substituted.
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Section 4.05. Arbitrage. The Issuer hereby covenants and agrees that it shall never
request the Escrow Agent to exercise any power hereunder or permit any part of the money in
the Escrow Fund or proceeds from the sale of Escrowed Securities to be used directly or
indirectly to acquire any securities or obligations if the exercise of such power or the acquisition
of such securities or obligations would cause any Defeased Obligations to be an "arbitrage bond"
within the meaning of the Code.
ARTICLE V
APPLICATION OF CASH BALANCES
Except as provided in Sections 3.01, 3.02, 4.02, 4.03 and 4.04 hereof, no withdrawals,
transfers, or reinvestment shall be made of cash balances in the Escrow Fund.
ARTICLE VI
RECORDS AND REPORTS
Section 6.01. Records. The Escrow Agent will keep books of record and account in
which complete and correct entries shall be made of all transactions relating to the receipts,
disbursements, allocations and application of the money and Escrowed Securities deposited to
the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at
reasonable hours and under reasonable conditions by the Issuer and the owners of the Defeased
Obligations.
Section 6.02. Reports. While this Agreement remains in effect, the Escrow Agent
annually shall prepare and send to the Issuer a written report summarizing all transactions
relating to the Escrow Fund during the preceding year, including, without limitation, credits to
the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and
transfers from the Escrow Fund for payments on the Defeased Obligations or otherwise, together
with a detailed statement of all Escrowed Securities and the cash balance on deposit in the
Escrow Fund as of the end of such period.
ARTICLE VII
CONCERNING THE PAYING AGENT AND ESCROW AGENT
Section 7.01. Representations. The Escrow Agent hereby represents that it is the Paying
Agent for the Defeased Obligations, that it has all necessary power and authority to enter into
this Agreement and undertake the obligations and responsibilities imposed upon it herein, and
that it will carry out all of its obligations hereunder.
Section 7.02. Limitation on Liability. The liability of the Escrow Agent to transfer
funds for the payment of the principal of and interest on the Defeased Obligations shall be
limited to the proceeds of the Escrowed Securities and the cash balances from time to time on
deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary,
neither the Escrow Agent nor the Paying Agent shall have any liability for the insufficiency of
funds from time to time in the Escrow Fund or any failure of the obligors of the Escrowed
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Securities to make timely payment thereon, except for the obligation to notify the Issuer as
promptly as practicable of any such occurrence.
The recitals herein shall be taken as the statements of the Issuer and shall not be
considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The
Escrow Agent is not a party to the proceedings authorizing the Defeased Obligations and is not
responsible for or bound by any of the provisions thereof (except as a place of payment and the
Paying Agent/Registrar therefor). In its capacity as Escrow Agent, it is agreed that the Escrow
Agent need look only to the terms and provisions of this Agreement.
The Escrow Agent makes no representations as to the value, conditions or sufficiency of
the Escrow Fund, or any part thereof, or as to the title of the Issuer thereto, or as to the security
afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in
respect to any of such matters.
It is the intention of the parties hereto that the Escrow Agent shall never be required to
use or advance its own funds or otherwise incur personal financial liability in the performance of
any of its duties or the exercise of any of its rights and powers hereunder.
The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in
good faith in any exercise of reasonable care and believed by it to be within the discretion or
power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the
consequences of any error of judgment; and the Escrow Agent shall not be answerable except for
its own action, neglect or default, nor for any loss unless the same shall have been through its
negligence or willful misconduct.
Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to
determine or inquire into the happening or occurrence of any event or contingency or the
performance or failure of performance of the Issuer with respect to arrangements or contracts
with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund, to
dispose of and deliver the same in accordance with this Agreement. If, however, the Escrow
Agent is called upon by the terms of this Agreement to determine the occurrence of any event or
contingency, the Escrow Agent shall be obligated, in making such determination, only to
exercise reasonable care and diligence, and in event of error in making such determination the
Escrow Agent shall be liable only for its own willful misconduct or its negligence. In
determining the occurrence of any such event or contingency the Escrow Agent may request
from the Issuer or any other person such reasonable additional evidence as the Escrow Agent in
its discretion may deem necessary to determine any fact relating to the occurrence of such event
or contingency, and in this connection may make inquiries of, and consult with, among others,
the Issuer at any time.
Section 7.03. Compensation. (a) Concurrently with the delivery of the Escrowed
Securities, the Issuer shall pay to the Escrow Agent, as a fee for performing the services
hereunder and for all expenses incurred or to be incurred by the Escrow Agent in the
administration of this Agreement, as well as all future paying agency services of the Paying
Agent, the sum of $1,550.00, the sufficiency of which is hereby acknowledged by the Escrow
Agent. In the event that the Escrow Agent is requested to perform any extraordinary services
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hereunder, the Issuer hereby agrees to pay reasonable fees to the Escrow Agent for such extra-
ordinary services and to reimburse the Escrow Agent for all expenses incurred by the Escrow
Agent in performing such extraordinary services, and the Escrow Agent hereby agrees to look
only to the Issuer for the payment of such fees and reimbursement of such expenses. The
Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the
Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent, or
in any other capacity, or for reimbursement for any of its expenses.
(b) Upon receipt of the aforesaid specific sums stated in subsection (a) of this
Section 7.03 for Escrow Agent and paying agency fees, expenses, and services, the
Escrow Agent shall acknowledge such receipt to the Issuer in writing.
Section 7.04. Successor Escrow Agents. If at any time the Escrow Agent or its legal
successor or successors should become unable, through operation or law or otherwise, to act as
Escrow Agent hereunder, or if its property and affairs shall be taken under the control of any
state or federal court or administrative body because of insolvency or bankruptcy or for any other
reason, a vacancy shall forthwith exist in the office of Escrow Agent hereunder. In such event
the Issuer, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy.
If no successor Escrow Agent shall have been appointed by the Issuer within 60 days, a
successor may be appointed by the owners of a majority in principal amount of the Defeased
Obligations then outstanding by an instrument or instruments in writing filed with the Issuer,
signed by such owners or by their duly authorized attorneys-in-fact. If, in a proper case, no
appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of
this section within three months after a vacancy shall have occurred, the owner of any Defeased
Obligation may apply to any court of competent jurisdiction to appoint a successor Escrow
Agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and
appoint a successor Escrow Agent.
Any successor Escrow Agent shall be a corporation organized and doing business under
the laws of the United States or the State of Texas, authorized under such laws to exercise
corporate trust powers, authorized under Texas law to act as an escrow agent, having its principal
office and place of business in the State of Texas, having a combined capital and surplus of at
least $5,000,000 and subject to the supervision or examination by Federal or State authority.
Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the
Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall
execute and deliver an instrument transferring to such successor Escrow Agent, subject to the
terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder. Upon
the request of any such successor Escrow Agent, the Issuer shall execute any and all instruments
in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent
all such rights, powers and duties.
The Escrow Agent at the time acting hereunder may at any time resign and be discharged
from the trust hereby created by giving not less than sixty (60) days' written notice to the Issuer
and publishing notice thereof, specifying the date when such resignation will take effect, in a
newspaper printed in the English language and with general circulation in New York, New York,
such publication to be made once at least three (3) weeks prior to the date when the resignation is
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to take effect. No such resignation shall take effect unless a successor Escrow Agent shall have
been appointed by the owners of the Defeased Obligations or by the Issuer as herein provided
and such successor Escrow Agent shall serve as the paying agent for the Defeased Obligations
and shall have accepted such appointment, in which event such resignation shall take effect
immediately upon the appointment and acceptance of a successor Escrow Agent.
Under any circumstances, the Escrow Agent shall pay over to its successor Escrow Agent
proportional parts of the Escrow Agent's fee and, if applicable, its Paying Agent's fee hereunder.
ARTICLE VIII
MISCELLANEOUS
Section 8.01. Notice. Any notice, authorization, request, or demand required or
permitted to be given hereunder shall be in writing and shall be deemed to have been duly given
when mailed by registered or certified mail, postage prepaid addressed to the Issuer or the
Escrow Agent at the address shown on Exhibit "A" attached hereto. The United States Post
Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive
evidence of the date and fact of delivery. Any party hereto may change the address to which
notices are to be delivered by giving to the other parties not less than ten (10) days prior notice
thereof. Prior written notice of any amendment to this Agreement contemplated pursuant to
Section 8.08 and immediate written notice of any incidence of a severance pursuant to Section
8.04 shall be sent to Moody's Investors Service, Attn: Public Finance Rating Desk/Refunded
Bonds, 7 World Trade Center, 250 Greenwich Street, New York, New York 10007, Standard &
Poor's Corporation, Attn: Municipal Bond Department, 55 Water Street, New York, New York
10045, and Fitch Ratings, Attn: Municipal Structured Finance, One State Street Plaza, New
York, New York 10004.
Section 8.02. Termination of Responsibilities. Upon the taking of all the actions as
described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or
responsibilities hereunder to the Issuer, the owners of the Defeased Obligations or to any other
person or persons in connection with this Agreement.
Section 8.03. Binding Agreement. This Agreement shall be binding upon the Issuer and
the Escrow Agent and their respective successors and legal representatives, and shall inure solely
to the benefit of the owners of the Defeased Obligations, the Issuer, the Escrow Agent and their
respective successors and legal representatives.
Section 8.04. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provisions of this
Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable
provision had never been contained herein.
Section 8.05. Texas Law Governs. This Agreement shall be governed exclusively by
the provisions hereof and by the applicable laws of the State of Texas.
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Section 8.06. Time of the Essence. Time shall be of the essence in the performance of
obligations from time to time imposed upon the Escrow Agent by this Agreement.
Section 8.07. Effective Date of Agreement. This Agreement shall be effective upon
receipt by the Escrow Agent of the funds described in the Report and the Escrowed Securities,
together with the specific sums stated in subsection (a) of Section 7.03 for Escrow Agent and
paying agency fees, expenses, and services.
Section 8.08. Amendments. This Agreement shall not be amended except to cure any
ambiguity or formal defect or omission in this Agreement. No amendment shall be effective
unless the same shall be in writing and signed by the parties thereto. No such amendment shall
adversely affect the rights of the holders of the Defeased Obligations.
Section 8.09. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original and all of which shall constitute one
and the same instrument.
[EXECUTION PAGE FOLLOWS]
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EXECUTED as of the date first written above.
CITY OF COLLEGE STATION, TEXAS
By: _____________________________________
Nancy Berry, Mayor
ATTEST:
_______________________________ (CITY SEAL)
Sherry Mashburn, City Secretary
THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A.
By: _____________________________________
Title: ____________________________________
Signature Page for Escrow Agreement relating to the defeasance of
City of College Station Certificates of Obligation, Series 2009
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INDEX TO EXHIBITS
Exhibit "A" Addresses of the Issuer and the Escrow Agent
Exhibit "B" Verification Report of Grant Thornton LLP
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EXHIBIT "A"
ADDRESSES OF THE ISSUER
AND ESCROW AGENT
ISSUER
City of College Station
1101 Texas Avenue
College Station, Texas 77840
Attention: Executive Director of Business Services
ESCROW AGENT
The Bank of New York Mellon Trust Company, N.A.
2001 Bryan Street, Suite 800
Dallas, Texas 75201
Attention: Corporate Trust Department
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EXHIBIT "B"
VERIFICATION REPORT OF
GRANT THORNTON L.L.P.
B-1
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November 21, 2011
City Council Regular Agenda Item No. 2
Canvass
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of an ordinance of the City
Council of the City of College Station, Texas, canvassing returns and declaring results of the
special election, held on November 8, 2011, for the purpose of submitting proposed amendments
to the City Charter to the voters.
Presentación, posible acción y discusión acerca de una ordenanza del consejo de la ciudad de
College Station, Texas, para escrutinar los resultados de los votos y declarando los resultados de
las elecciones especiales celebradas el 8 de noviembre de 2011, para el propósito de presentarles
a los votantes las enmiendas propuestas a los estatutos de la ciudad.
Attachments:
· Draft ordinance canvassing the special election (English and Spanish)
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