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HomeMy WebLinkAbout07/09/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Phone: 888 475 4499 and Webinar ID: 997 0027 4418 Internet: https://zoom.us/j/99700274418 July 9, 2020 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request. Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 3 p.m. on the day of the meeting. To  register the individual must provide a name and phone number by calling 979­764­3500 or emailing  CSO@cstx.gov prior to the start of the meeting. To submit written comments to the Council email  CSO@cstx.gov and they will be provided at the meeting. Upon being called to speak an individual  must state their name and city of residence, including the state of residence if the city is located out  of  state.  Speakers  are  encouraged  to  identify  their  College  Station  neighborhood  or  geographic  location.  Each  speaker’s  remarks  are  limited  to  three  (3)  minutes.  Any  speaker  addressing  the  Council through the use of a translator may speak for six (6) minutes. At the (3) minute mark the City  Secretary will announce that the speaker must conclude their remarks.  2.Hear Visitors During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational  concern shall be directed to the City Manager.  3.Consent Agenda During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item.Presentation,  discussion,  and  possible  action  on  consent  agenda  items  which  consists  of  ministerial  or  "housekeeping"  items  required  by  law.  Items  may  be  removed  from  the  consent  agenda by majority vote of the Council. 3.1.Presentation, discussion, and possible action of minutes for: • June 25, 2020 Workshop Meeting • June 25, 2020 Regular Meeting Sponsors:Tanya Smith Attachments:1.WKSHP062520 DRAFT Minutes 2.RM062520 DRAFT Minutes Page 1 of 208  City Council Regular Page 2 July 9, 2020 3.2.Presentation, discussion, and possible action on approving annual expense to purchase water  meters from Badger Meter, Inc., with estimated annual expenditures of $125,000.  Sponsors:Gary Mechler  Attachments:1.Sole Source Letter 2.Quote from Bader Meter, Inc. 3.3.Presentation, discussion, and possible action regarding approval for a construction contract in  the amount of $2,347,623.55 for the Southside Safety Improvements Project with Kieschnick  General Contractors, Inc.  Sponsors:Emily Fisher  Attachments:1.Project Location Map 2.20­036 Tabulations 3.4.Presentation, discussion, and possible action regarding approving an ordinance authorizing the  execution of an Oversized Participation Agreement that upsizes approximately 1,466 linear feet  of water line from an 8­inch to an 18­inch water line through the Traditions Phase 24 and 25  subdivision.   Sponsors:Anthony Armstrong  Attachments:1.Participation Agreement Ordinance 2.Oversized Participation Agreement 3.5.Presentation, discussion, and possible action regarding an ordinance consenting to, amending,  and approving Order Number Three Under Mayoral Declaration of Local State of Disaster Due  to Public Health Emergency regarding face coverings as proclaimed by the Mayor on June 25,  2020.  Sponsors:Jeff Capps  Attachments:1.July 9 Face Covering Ordinance (1)    4.Regular Agenda     During the Regular Agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing. If  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  4.1.Presentation, discussion, and possible action on the Fiscal Year 2021 BVSWMA, Inc. Budget.       Sponsors:Donald Harmon  Attachments:1.FY21 BVSWMA Budget Page 2 of 208  City Council Regular Page 3 July 9, 2020 4.2.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance,” Article 4, "Zoning Districts," Section 4.2,  "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by  changing the zoning district boundaries from R Rural to PDD Planned Development District on  approximately 7 acres of land generally located at 14565 and 14575 FM 2154.  Sponsors:Jade Broadnax   Attachments:1.Ordinance 2.Background Information 3.Vicinity Aerial and Small Area Maps 4.Rezoning Exhibit 5.Applicant Supporting Information 6.Concept Plan 4.3.Presentation, discussion, and possible action regarding a presentation of the proposed 2020­ 2024 Consolidated Plan, FY 2021 (PY 2020) Annual Action Plan, and FY 2021 Community  Development Budget.  Sponsors:Debbie Eller   Attachments:1.Attachment 1 ­ FY 2021 Proposed Community Development Budget 2.Attachment 2 ­ FY 2021 Plan Development Process Summary 3.Attachment 3 ­ FY 2021 CDBG Public Service Funding 4.Attachment 4 ­ 2020­2024 Community Development Goals 5.Attachment 5 ­ 2020 Income Limits 6.Attachment 6 ­ Map of LMI Income Areas 2019 7.Attachment 7 ­ Community Development Project Descriptions 4.4.Presentation, discussion, and possible action regarding a resolution directing the Tax Office to  calculate the voter­approved rate in the manner provided for a special taxing unit affected by a  disaster declaration.  Sponsors:Mary Ellen Leonard  Attachments:1.C2 Disaster Calculation Option 2020 ­ Roe Letter 2.Resolution 4.5.Presentation, discussion, and possible action regarding adoption of a resolution consenting to  the issuance of bonds by the Brazos County Municipal Utility District No. 1 in an amount not to  exceed $2,000,000 for road improvements (the “Bonds”).  Sponsors:Carla Robinson   Attachments:1.BCMUD #1 ABHR Summary 2.BCMUD #1 Resolution Final 3.BCMUD #1 Exhibit A    5.Presentation, discussion, and possible action on future agenda items and review of  standing list of Council generated agenda items:     A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.     6.Adjourn.     Page 3 of 208 City Council Regular Page 4 July 9, 2020 The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website of the City of College Station at  5:00 p.m. on July 2, 2020. This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.”  City Secretary Page 4 of 208 July 9, 2020 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • June 25, 2020 Workshop Meeting • June 25, 2020 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP062520 DRAFT Minutes 2.RM062520 DRAFT Minutes Page 5 of 208 WKSHP062520 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JUNE 25, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Kersten, Assistant City Manager Jennifer Prochazka, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 3:02 p.m. on Thursday, June 25, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 3:02 p.m. on Thursday, June 25, 2020 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Page 6 of 208 WKSHP062520 Minutes Page 2 Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Legal advice regarding termination of the FY20 funding agreements between the City and Experience Bryan College Station and issues related to possible dissolution of EBCS. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 4:03 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. No Items pulled from Consent for clarification. 5. Workshop 5.1 Presentation, discussion, and possible action regarding a Restricted Occupancy Overlay District. Jade Broadnaz, Planning and Development, stated that City Council requested that City staff draft a Restricted Occupancy Overlay ordinance and associated handbook that would allow area property owners to request an overlay zoning restricting occupancy to no more than two unrelated persons in their neighborhood. Enforcement College Station o Current: “no more than four unrelated” city-wide o Potential: “no more than two unrelated” in proposed overlay district; i.e. at will of neighborhood Bryan o Current: “no more than two unrelated” in R-NC standard zoning; i.e. at will of City o Enforcement not codified o Ordinance acts as legal deterrent San Marcos o Current: “no more than two unrelated” in multiple standard single-family zoning districts; i.e. at will of City o License plate observation for 21 day period codified Page 7 of 208 WKSHP062520 Minutes Page 3 Staff recommends that Council receive the presentation and provide direction regarding the creation of a Restricted Occupancy Ordinance (ROO). The Planning & Zoning Commission heard this item at their June 18, 2020 meeting. Potential Changes to UDO Section Change 3.3 Application requirements for ROO 58% petition 4.1 Addition of ROO to list of districts 5.11 ROO applies to SF and accessory structures in 51% improved subdivisions, Reference to “Family” and “Related,” Enforcement section added. ROO Handbook Mirrors NCO Handbook o Grandfathering Section o How to determine relationships / related o Timeline o Meeting materials / templates At approximately 4:29 p.m., Mayor Mooney opened for Citizens Comments. Linda Bendiksen, College Station, stated that she supports this change as a tool for local community control. Jeffrey Leatherwood, President of the local MLS Board/Property Owner, is of the opinion that this item is preserving an idea rather than a reality. He sited personal experience that many neighborhoods have included rentals as part of the character for decades and that renters are part of the character of the neighborhood. Mark Farrar (Cynthia Farrar), College Station, wanted to state their opposition to this item as the proposed changes would affect their property values and income they rely upon. Sam Jefferis, College Station, came before Council on behalf of the Texas A&M Student Government, regarding the proposal of the overlay restricting occupants to no more than 2 unrelated citing that it is largely unenforceable and will have a negative impact on the quality of life for students. Fred Dupriest, College Station, stated that the purpose of the ordinance is not to retake student neighborhoods because it cannot do that. It’s to ensure neighborhoods can choose to continue to be what they already are, an appropriate and affordable place for families and children live. Summary: 1.The public needs a sense of which neighborhoods might obtain the overlay. It will enable a more intelligent conversation on all sides 2.They also need to know that the numbers of 4-unrelated rentals that will actually be impacted may be small. These will also be grandfathered 3.If few are effected and those are grandfathered, there will be no immediate impact on the availability of student housing or investors Page 8 of 208 WKSHP062520 Minutes Page 4 4.The discussion of whether the approval threshold should be 50% or 58% should revolve around the difference in actual results. We want to protect more families, as long as there are minimal negative impacts, or they can be mitigated with grandfathering rules. Elianor Vessali, College Station, came before Council to question what the purpose of this ordinance, communities already have existing avenues for managing their neighborhoods. She went on to state that this should not be considered during a pandemic, when so many are hurting financially, emotionally, and is blatantly discriminatory. Donald Deere, College Station, stated that Bryan is not College Station, and what may work for one city may not work for another. We need to think of a higher threshold for enactment then 58% and consider postponing this until in-person meetings have resumed. Charles Wilding, College Station, stated that he has been a resident since 1976, a property owner in Historical District and they all have excellent students living within the Historical District. Mr. Wilding explained that this area has always been rental community but ask Council not to move forward with this project. Tina Evans, College Station, requested Council to consider approving this item as it would still be profitable. She approves of grandfathered to protect current investors and cited the cities of Bryan and San Marcos as success stories with similar regulations. Hayden Paul, College Station, came before Council presenting the Board of Realtors, stating that this is a solution looking for a problem. As proposed, it is an undue burden to the citizens and the city staff, while also resulting in a decline of home values in affected neighborhoods. Helena MacCrossan, College Station, spoke on behalf Student Body of TAMU, and stated that this will push students farther away from university which will cause problems with travel and increase congestion. She encourages council not to procced with this item. Dan Parker, College Station, stated that he owns 8 properties in the Historical Southside District and this change would be financially devastating as an investor and he does not see the purpose of this ordinance. There being no comments, the Citizens Comments was closed at 5:15 p.m. Majority of the Council directed Council to move forward with additional research on 50% plus 1 and 58%, overlay zoning versus standard using Bryan as a model, grandfathering the property or the structure, and a process which incorporates citizen feedback. Mayor Mooney recessed the meeting at 6:15 p.m. The meeting resumed at 6:30 p.m. 5.2 Presentation, discussion, and possible action regarding an update on current activities of the College Station Police Department in response to community outreach. Billy Couch, Chief of Police, stated that the current climate in policing is difficult, and many questions have surfaced that need answered. This presentation is intended to address some relevant Page 9 of 208 WKSHP062520 Minutes Page 5 topics that we have heard are important to our community. Chief Couch emphasized building a sustainable trust between police and the communities of color, noting that this must be achieved for effective policing to occur The overview included: departmental initiatives to address race relations, recruiting and hiring, use of force, and body worn cameras. 5.3 Presentation, discussion, and possible action regarding the use of face masks for Coronavirus protection. Brian Piscacek, Assistant to the City Manager, stated that on June 16, 2020, the Mayors of nine of Texas’ largest cities requested that Governor Abbott allow local governments the authority to require the use of face masks in public. Governor Abbott’s Executive Order GA-26, issued June 3, 2020, provided that “individuals are encouraged to wear appropriate face coverings, but no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering.” However, Governor Abbott clarified the order on June 17, 2020, adding that while individual liberty may not be infringed, local governments can require stores and businesses to require masks. In response, judges in Bexar, Hidalgo, and Cameron counties, along with the mayor of the City of Austin, have issued orders that require commercial entities to implement a policy that calls for employees and visitors to wear face coverings when in close proximity to others. Fines may be issued to a business not complying with the order. The US Centers for Disease Control and Prevention (CDC) recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain, especially in areas of significant community-based transmission. In addition, people should continue to observe social distancing, frequent handwashing, and self-isolation when sick. At approximately 7:25 p.m., Mayor Mooney opened for Citizens Comments. Susie Dai, College Station, present information from a study that focuses on the effectiveness of face masks on containing the COVID-19 virus spread. The study indicates when the face masks coverage reaches a good percentage in the general population COVID-19 transmission can be reduced. Brook Davis, College Station, stated that she a sent letter with citizen’s signature to the Mayor and Council encouraging mandating face masks, which would slow the spread of the COVID-19 virus down. Brian Bochner, College Station, stated that although it has been major sacrifice, the face masks have helped. Since, thing have been reopening and social distancing has become lacking and the spread has increased. He requested Mayor and Council enact a face mask order. Jeana Nam, College Station, came before Council to express the support of a face mask requirement and noted that businesses should have not reopened without this in place. Levi Douglass, College Station, came before Council and urged that the council pursue a proclamation similar to the one recently issued in Waco on Friday mandating masks in public spaces. He cited that it would be a great relief to many. Page 10 of 208 WKSHP062520 Minutes Page 6 Teri Metcalf, College Station, stated supports a mask requirement and went on to explain that consumers will have a choice to shop in Bryan without a mask or in College Station. She believes that others not wearing a mask is a risk to her life and she should not have endanger herself while shopping for groceries. Daniel Leake, College Station, stated that this should not be left up to local government to enforce a face mask requirement. He noted that this is a health issue for a lot people but individuals have freedom with regards to a public mask requirement. Mr. Leake also stated that face mask are not effective in preventing the spread of COVID-19 and could be harmful. Pamela Plotkin, College Station, Ms. Plotkin explained in the article that she presented, that the authors state conclude that wearing a face mask in public corresponds to the most effective means to prevent inter-human transmission. Further explaining that this inexpensive practice, in conjunction with simultaneous social distancing, quarantine, and contact tracing, represents the most likely fighting opportunity to stop the COVID-19 pandemic. Rich White, College Station, stated he is the manager of HEB, they are in support of the face mask and are a big supporter of the county mandates for face masks. Kimberly McAdams, College Station, encouraged the Council enact a facemask requirement. It is concerning how COVID-19 has spiked and this will affect our medical staff and ability to respond to medical emergencies. Ms. McAdams explained that we all need to wear face mask to stop spread, especially with the reopening of school in August. There being no comments, the Citizens Comments was closed at 7:55 p.m. Council directed staff to move forward with an ordinance mandating face masks and authorizing the Mayor to take action. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Page 11 of 208 WKSHP062520 Minutes Page 7 Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) Councilmember Nichols reported on the BVSWMA Meeting. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 8:23 p.m. on Thursday, June 25, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 12 of 208 RM062520 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JUNE 25, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Kersten, Assistant City Manager Jennifer Prochazka, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 8:34 p.m. on Thursday, June 25, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments Leigh Turner, College Station, came before Council to talk about the reopening of Gibson Creek Coal Plant, and is located 15 miles away from the city limits. Mrs. Turner explained there is harm & expense in coal pollution and that there is nothing to reduce the carbon oxide in the air. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: June 11, 2020 Workshop Meeting June 11, 2020 Regular Meeting 3.2. Presentation, discussion, and possible action regarding Ordinance No. 2020-41-90 amending Chapter 38, Section 38-1012 by amending the speed limit to 40 mph on a section of Page 13 of 208 RM062520 Minutes Page 2 Greens Prairie Road between approximately 1,000 feet west of Woodlake Drive to the Royder Road intersection. 3.3. Presentation, discussion, and possible action regarding approval of the purchase of various long lead time major equipment for the proposed Spring Creek Substation totaling $650,914. 3.4. Presentation, discussion, and possible action regarding approval of the purchase of one (1) Three-Phase electric substation transformer for the proposed Spring Creek Substation addition from Virginia Transformer for an amount not to exceed $639,764. 3.5. Presentation, discussion, and possible action regarding approval of Ratification Change Order No. 1 in the amount of $19,416 for the Rock Prairie Road 24” Water Line Repair construction contract with Elliott Construction, LLC. 3.6. Presentation, discussion, and possible action regarding approval of the first renewal of the City’s annual purchase of sodium hypochlorite, which will be maintained by water services and expended as needed. The total recommended award is $115,847 to DXI Industries. 3.7. Presentation, discussion, and possible action regarding a professional services contract with Kimley Horn & Associates in the amount of $288,700 for the Design of Luther Street Rehab (Marion Pugh to Penberthy) and Resolution No. 06-25-20-3.7 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. 3.8. Presentation, discussion, and possible action regarding the approval of the second renewal of a contract with Brazos Paving, Inc. for the installation of a one inch overlay with specialty mix as needed for an amount not to exceed $432,000. 3.9. Presentation, discussion, and possible action regarding approval for change order no. 4 with Halff & Associates in the amount of $18,867 for the design of Lick Creek Parking Lot and Trail Head. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1. Presentation, discussion, and possible action regarding Ordinance No. 2020-4191 to regulate short-term rental units in College Station. Brian Piscacek, Assistant to the City Manager, stated that staff presented to Council on June 11, 2020, regarding the major decision points on a final draft for consideration. Council directed staff to proceed with: 1) placing restrictions on non-owner-occupied STRs in the following residential zoning districts: General Suburban, Restricted Suburban, and Wellborn Restricted Suburban; 2) requiring evidence of a Homestead Exemption as proof of owner-occupancy; and 3) allowing for the grandfathering of non-owner-occupied STRs already operating in the aforementioned zoning districts. Page 14 of 208 RM062520 Minutes Page 3 City policy allows for full cost recovery. An annual fee to receive and maintain a permit will be applied at application and renewal. Fiscal Services will bring back the fee ordinance at a future Council meeting to incorporate the fees associated with STR permitting and inspections. At approximately 8:56 p.m., Mayor Mooney opened for Citizens Comments. David Higdon, College Station, came before Council to thank the Council and the Staff for all the work they have done to get to this point and state he supports the proposed ordinance. Shirley Dupriest, College Station, stated that she agrees with Mr. Hidgon’s comments and supports the proposed ordinance. Katherine Thomas, College Station, came before Council to state her concerns about STR’s and is of the opinion that they have helped COVID-19 spread. Diana Wood, College Station, came before Council to say STR’s should pay their taxes and thanked Council for bringing this forwarded. Leigh Turner, College Station, came stated that the regulation of STR’s is reasonable, and values integrity over profit. Peter Bastian, College Station, came before Council representing the Amberlake HOA to say that they have conducted their own survey and received 85% support in favor of even more restrictive STR regulation. He appreciates the support of Council in this ordinance and hopes the city follows through. Hayden Paul, College Station, with Board of Realtors, stated that this has been issue that does not need addressing and that the neighborhoods already have tools for addressing this. His group does not agree with the Council moving forward with this regulation on STR’s. There being no comments, the Citizens Comments was closed at 9:22 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4191, to regulate short-term rental units in College Station. The motion carried unanimously. 4.2 Public Hearing, presentation, discussion, and possible action on Ordinance No. 2020-4192 repealing an existing ordinance that prohibits traffic calming on Munson Avenue. Troy Rother, Senior Engineer, stated that in 1999, a citywide ordinance was approved by the voters of College Station to prohibit traffic calming, specifically, speed humps, repetitive stop signs, and road closures on Munson between Lincoln Avenue and Harvey Road (SH 30). Since that time, traffic counts and speed information has been collected along the corridor. The traffic volumes have decreased over this time from above 5,000 vehicles per day (vpd) to just over 3,000 vpd. However, the speeds along Munson have remained at about 33 mph. The neighborhood has requested that traffic calming be allowed on Munson Avenue, specifically speed humps. The neighborhood is seeking equal access to the City’s Traffic Calming ordinance that other neighborhoods have with regard to setting up a committee and developing a traffic calming plan for their neighborhood. Page 15 of 208 RM062520 Minutes Page 4 Mr. Rother explained that the Transportation and Mobility Committee met in May and supported this neighborhood’s request to have the ordinance repealed. Note that per State law, an ordinance approved by the voters can only be removed by resident vote within 30 days of its passage. Because it has been over 20 years since the ordinance was originally passed, the repeal of this ordinance can only be done by the City Council. At approximately 9:54 p.m., Mayor Mooney opened the Public Hearing. Suzanne Droleskey, College Station, came to state her support for the repeal of the of the existing ordinance, allowing Munson to have the same traffic calming applied to other streets in the city. There being no comments, the Public Hearing was closed at 9:57 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4192, repealing an existing ordinance that prohibits traffic calming on Munson Avenue. The motion carried unanimously. 4.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4193 amending Appendix A, “Unified Development Ordinance,“ Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to PDD Planned Development District on approximately 33 acres of land located at 5604, 5900, & 6102 Rock Prairie Road. Rachel Lazo, Planning and Development, stated that the applicant has proposed a PDD Planned Development District zoning for approximately 33 acres located in the College Station Medical District. The PDD is intended to be an expansion of the existing Midtown development. The property can be marketed under the current zoning of R Rural which allows for large-lot residential uses. However, the marketability of the property would increase if rezoned for dense single-family residential. The PDD included a number of modifications, to realize the urban proposal. In addition, amendments to Preliminary Plans and their associated Final Plats are proposed to be taken through the review process and to the Planning and Zoning Commission concurrently, at the request of the developer. The Planning & Zoning Commission heard this item at their June 18, 2020 Regular meeting where they voted unanimously. Staff recommends approval of the rezoning. At approximately 10:02 p.m., Mayor Mooney opened for Citizens Comments. There being no comments, the Citizens Comments was closed at 10:07 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4193, amending Appendix A, “Unified Development Ordinance,“ Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing Page 16 of 208 RM062520 Minutes Page 5 the zoning district boundary from R Rural to PDD Planned Development District on approximately 33 acres of land located at 5604, 5900, & 6102 Rock Prairie Road. The motion carried unanimously. 4.4 Presentation, discussion, and possible action regarding changes to the Special Events Ordinance No. 2020-4194. Barbara Moore, Assistant to the City Manager, stated that the changes to the special events ordinance will allow the City Managers or his designee more flexibility on making decisions regarding special events. Other changes to the ordinance are: clarifications on the definition of a special event on city property and other locations and the number of day of operation a special event can be held during a calendar year. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4194, changes to the Special Events Ordinance. The motion carried unanimously. 4.5 Presentation, discussion, and possible action regarding Ordinance No. 2020-4195 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated that on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4195, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 4.6 Presentation, discussion, and possible action on Resolution No. 06-25-20-4.6 Authorizing Application for Coronavirus Relief Fund Grant from TDEM. Debbie Eller, Director of Community Services, stated that the State of Texas is providing payments distributed in the form of grants to local units of government from the Coronavirus Relief Fund (CRF). The City would receive $6,434,890 from the CRF, and this resolution authorizes the City Manager to file an application for Coronavirus Relief Funds (CRF) from the State. Mrs. Eller explained that Under Section 601(a) of the Social Security Act, as added by Section 5001 of the CARES Act, these funds may only be used to cover costs that: are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID- 19); were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the state or government; and were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Categories of Eligible Expenditures include: Page 17 of 208 RM062520 Minutes Page 6 Medical expenses, public health expenses, payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency; Expenses of actions to facilitate compliance with COVID-19 related public health measures; expenses associated with the provision of economic support in connection with the COVID- 19 public health emergency; and Any other COVID-19 related expenses reasonably necessary to the function of government that satisfy the fund’s eligibility criteria. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Resolution No. 06-25-20- 4.6, authorizing application for Coronavirus Relief Fund Grant from TDEM. The motion carried unanimously. 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. No future agenda items at this time. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 10:27 p.m. on Thursday, June 25, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 18 of 208 July 9, 2020 Item No. 3.2. Annual Water Meters Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approving annual expense to purchase water meters from Badger Meter, Inc., with estimated annual expenditures of $125,000. Relationship to Strategic Goals: 1. Financial Sustainability 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval to purchase water meters from Badger Meter, Inc. Summary: Water meters will be purchased, stocked in the Water/Wastewater inventory, and expensed as necessary for the ongoing water meter replacement program. Badger Meter, Inc. is the sole manufacturer of Badger Meters. This is a sole source purchase and is exempt from competitive bidding as more fully described in Texas Local Government Code, Chapter 252.022,(7)(D). See the attached sole source justification documentation for additional information. Budget & Financial Summary: Funds are budgeted and available in the Water Fund 91WDISM- 5100, and projects may be expensed as supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.Sole Source Letter 2.Quote from Bader Meter, Inc. Page 19 of 208 June 8, 2020 Ms. Brandi Whittenton, Buyer City of College Station PO BOX 9960 College, Station TX 77845 RE: Sole Source Letter Dear Ms. Whittenton: This correspondence confirms that Badger Meter is the sole authorized manufacturer of Badger Meter products. In the event you have any questions regarding this correspondence, we can be reached by telephone at 800-876-3837 ext. 17290 or via email at bids@badgermeter.com. Sincerely, BADGER METER, INC. Christopher D. Washington Assistant Secretary Page 20 of 208 DATE: BILL TO:SHIP TO: SALESPERSON PAYMENT TERMS SHIPPING METHOD PROJECT T. SLEDGE Net 30 Days Best Way CS Annual Quote QTY UNIT PRICE AMOUNT 1,000 56.00$ 56,000.00$ 500 138.00$ 69,000.00$ Notes: - Provide serial #'s to customer prior to shipment of product. Toby Sledge Account Manager Phone: 979-571-3183 Email: tsledge@badgermeter.com TOBY SLEDGE bwhittenton@cstx.gov QUOTED BY: Phone: 512-781-7302 QUOTE #:BM_CS_05132020 City of College Station - Electric Utility Admin Office May 13, 20201600 Clovis Barker, Suite 202 City of College Station - Electric Utility Admin Office Fax: 512-781-7308 San Marcos, TX 78666 CUSTOMER EMAIL: THANK YOU FOR YOUR BUSINESS!! 1601 Graham Road College Station, TX 77842 1601 Graham Road College Station, TX 77842 RCDL M25 LL Disc Meter (NSF 61-G), 5/8" X 3/4-3/4 Bore (3/4 X 7 1/2), Low Lead Bronze Bottom, Less Connections, Local Register, Gallon, Plastic Shroud / Plastic Lid (Black) No AMR, UM1-0001-7359 QUOTE TERM 8/1/2020 - 07/31/2021 Product Description RCDL M70 LL Disc Meter (NSF 61-G), 1" (1 X 10 3/4), Low Lead Bronze Bottom, Less Connections, Local Register, Gallon, Plastic Shroud / Plastic Lid (Black) No AMR, UM1-0003-1806 QUOTATION Page 21 of 208 July 9, 2020 Item No. 3.3. Southside Safety Improvements (Glade, Anna, Park, Holik) Construction contract Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval for a construction contract in the amount of $2,347,623.55 for the Southside Safety Improvements Project with Kieschnick General Contractors, Inc. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this construction contract. Summary: Rehabilitation of Park Place, Holik St, Glade St and Anna St surrounding Oakwood Intermediate School, A&M Consolidated Middle School, and the nearby College View High School. Concrete pavement with curb and gutter with sidewalks, rehabilitation of water and wastewater utilities, and an underground storm sewer system are proposed for the infrastructure improvements within the project area. For sidewalks adjacent to CSISD property (along Anna, Holik, and Park Place) a 10-foot wide sidewalk is proposed to accommodate the heavy pedestrian traffic generated by the students attending those facilities. Competitive sealed proposals were received as the procurement method for this project. A total of four proposals were received. Review and evaluation of those proposals resulted in the selection of Kieschnick General Contractors, Inc. as the most qualified and best value to the City. Budget & Financial Summary: A total budget in the amount of $3,537,000 is included for this project in the Streets, Water, and Wastewater Capital Improvement Projects Funds. A combined total of $546,014 has been expended or committed to date, leaving a balance of $2,990,986 for this contract and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.Project Location Map 2.20-036 Tabulations Page 22 of 208 G LADESTREETTIMBERSTREETANDERSONSTREETBIZZELLSTREETSPENCESTREETLAMARSTREETBIZZELLSTREETLEWISSTREETB IZ Z E L L S T R E E T MOSHERCIRCLECO KESTREETBIZZELLSTREETBIZZELLSTREETLEWIS STREETLEWIS STREETEASTCIRCLESUNNYCOURTSKRIVANEKCOURTLENERTCIRCLEHOLIKDRIVEANTONECOURTSHETLANDSTREETNEWTONROADBURTSTREETROSEMARYLANEDEXTERDRIVEWESTBOARDWALKCOURTTIMMDRIVEPERSHINGAVENUEWOLFRUN OLDJERSEYSTREETPERSHIN G DRIV E GOODE DRIVEMILLIFFROADSUFFO LKAVENUELEE AVENUEARMISTEADSTREETVILLAGE DRIVEHOLIK STREETREDMONDDRIVEPARKPLACEHOLLEMAN DRIVEGEORGE BUSH DRIVETEXASAVENUESOUTHDEXTERDRIVE¯ST-1606: Southside Safety Improvements:Park Place, Holik, Glade, and Anna StreetsNote: The accuracy of this data is limited to the validity and accuracy of available data, and therefor the city makes no representation or warranties as to the accuracy of the data. Any party using the data does so at their own risk. This data is produced pursuant to the Texas Public Information Act. For specific questions regarding this map contact Planning and Development Services.Page 23 of 208 1 1 LS Mobilization/Construction Staking 176,336.34 176,336.34 125,000.00 125,000.00 250,000.00 250,000.00 350,000.00 350,000.00 2 1 LS Traffic Control (all phases) 45,000.00 45,000.00 25,000.00 25,000.00 37,000.00 37,000.00 40,000.00 40,000.00 221,336.34 150,000.00 287,000.00 390,000.00 3 2 AC Clear ROW (trees, landscaping, etc.) 38,000.00 76,000.00 15,000.00 30,000.00 8,000.00 16,000.00 10,000.00 20,000.00 4 8,638 SY Mill/salvage existing HMAC, transport to city storage area 3.25 28,073.50 5.00 43,190.00 9.00 77,742.00 5.00 43,191.11 5 521 SF Demo & remove existing concrete paving 2.50 1,302.50 4.00 2,084.00 1.25 651.25 2.00 1,042.00 6 13,028 SF Demo & remove existing concrete driveway & sidewalk 2.50 32,570.00 3.00 39,084.00 1.25 16,285.00 2.00 26,056.00 7 1 LS Relocate mailboxes 8,700.00 8,700.00 2,500.00 2,500.00 9,000.00 9,000.00 100.00 100.00 8 41 EA Remove street signs and poles (all types) 150.00 6,150.00 90.00 3,690.00 100.00 4,100.00 100.00 4,100.00 9 1 LS Tree Protection 34,500.00 34,500.00 15,000.00 15,000.00 32,000.00 32,000.00 50,000.00 50,000.00 187,296.00 135,548.00 155,778.25 144,489.11 10 8,500 CY Roadway Excavation 14.00 119,000.00 13.00 110,500.00 15.00 127,500.00 15.00 127,500.00 11 10,298 SY 8" Lime treated subgrade 8.50 87,533.00 7.00 72,086.00 11.00 113,278.00 6.00 61,786.67 12 9,000 SY Concrete pavement 8"with 6" monolothic curb 56.00 504,000.00 55.00 495,000.00 53.00 477,000.00 45.00 405,000.00 13 8,596 SF Concrete driveway 5" 8.50 73,066.00 5.80 49,856.80 5.00 42,980.00 6.00 51,576.00 14 36,839 SF Concrete Sidewalk 4" 8.00 294,712.00 5.50 202,614.50 4.50 165,775.50 5.00 184,195.00 15 35 EA ADA Ramp (all types) 850.00 29,750.00 800.00 28,000.00 700.00 24,500.00 750.00 26,250.00 16 452 LF Crosswalk Striping 14.50 6,554.00 11.00 4,972.00 13.00 5,876.00 12.00 5,424.00 17 240 LF Stop Bar Striping 14.50 3,480.00 11.00 2,640.00 13.00 3,120.00 12.00 2,880.00 18 6 EA Bike Lane Markings with Arrows 660.00 3,960.00 415.00 2,490.00 500.00 3,000.00 500.00 3,000.00 19 2,049 LF 4" Yellow Striping (solid) 2.80 5,737.20 1.55 3,175.95 1.75 3,585.75 2.00 4,098.00 20 1,051 LF 4" White Striping @ Bike Lane (solid) 2.80 2,942.80 1.55 1,629.05 1.75 1,839.25 2.00 2,102.00 21 7 EA Directional Turn Arrows 495.00 3,465.00 327.75 2,294.25 400.00 2,800.00 400.00 2,800.00 22 66 EA Street signs and poles 580.00 38,280.00 392.00 25,872.00 500.00 33,000.00 500.00 33,000.00 1,172,480.00 1,001,130.55 1,004,254.50 909,611.67 Item No. General Subtotal - General Demolition and Site Preparation Subtotal - Demo Paving Estimated Quantity Unit Description Unit Price Unit Price Total Total Unit Price Total Unit Price Total City of College Station - Purchasing Division Bid Tabulation for #20-036 "Southside Safety Improvements" Project Open Date: Wednesday, May 13, 2020 @ 2:00 p.m. Brazos Paving Inc. Kieschnick GC Larry Young Paving Inc. Palasota Contracting LLC. Subtotal - Streets Page 1 of 4 Page 24 of 208 Item No. Estimated Quantity Unit Description Unit Price Unit Price Total Total Unit Price Total Unit Price Total City of College Station - Purchasing Division Bid Tabulation for #20-036 "Southside Safety Improvements" Project Open Date: Wednesday, May 13, 2020 @ 2:00 p.m. Brazos Paving Inc. Kieschnick GC Larry Young Paving Inc. Palasota Contracting LLC. 23 48 LF 18" RCP, Profile Gasket - Structural Backfill 76.00 3,648.00 55.00 2,640.00 90.00 4,320.00 110.00 5,302.00 24 1,150 LF 24" RCP, Profile Gasket - Structural Backfill 85.00 97,750.00 65.00 74,750.00 100.00 115,000.00 124.00 142,538.00 25 757 LF 30" RCP, Profile Gasket - Structural Backfill 130.00 98,410.00 95.00 71,915.00 100.00 75,700.00 143.00 108,251.00 26 611 LF 36" RCP, Profile Gasket - Structural Backfill 165.00 100,815.00 105.00 64,155.00 100.00 61,100.00 207.00 126,373.50 27 6 EA 4' x 4' Reinforced Concrete Junction Box 5,250.00 31,500.00 3,500.00 21,000.00 5,000.00 30,000.00 3,500.00 21,000.00 28 1 EA 5' x 5' Reinforced Concrete Junction Box w Grate 5,500.00 5,500.00 4,500.00 4,500.00 5,000.00 5,000.00 4,500.00 4,500.00 29 1 EA 4' x 4' Reinforced Concrete Junction Box w Grate 5,650.00 5,650.00 3,500.00 3,500.00 5,000.00 5,000.00 4,000.00 4,000.00 30 4 EA 3' x 3' Reinforced Concrete Junction Box w/ Grate Inlet 4,800.00 19,200.00 2,500.00 10,000.00 4,000.00 16,000.00 3,500.00 14,000.00 31 1 EA 15' Curb Inlet (5' w/ two 5' extensions) TxDOT 8,250.00 8,250.00 9,000.00 9,000.00 7,000.00 7,000.00 5,000.00 5,000.00 32 1 EA 10' Curb Inlet (5' plus extension) TXDOT 9,000.00 9,000.00 8,000.00 8,000.00 6,000.00 6,000.00 4,500.00 4,500.00 33 14 EA 10' Standard' Curb Inlet 7,200.00 100,800.00 6,500.00 91,000.00 6,000.00 84,000.00 4,000.00 56,000.00 34 7 EA 5' Standard Curb Inlet 6,250.00 43,750.00 3,500.00 24,500.00 5,000.00 35,000.00 3,500.00 24,500.00 35 15 CY Concrete Headwall/Retaining Wall 650.00 9,750.00 235.00 3,525.00 900.00 13,500.00 800.00 12,000.00 36 24 LF Pedestrian Handrail 150.00 3,600.00 230.00 5,520.00 300.00 7,200.00 200.00 4,800.00 37 5 CY Concrete Rip Rap 165.00 825.00 100.00 500.00 600.00 3,000.00 800.00 4,000.00 38 1 LS Trench Safety 10,000.00 10,000.00 2,000.00 2,000.00 2,000.00 2,000.00 1,000.00 1,000.00 39 15 SY Demo and remove concrete apron 90.00 1,350.00 50.00 750.00 11.00 165.00 50.00 750.00 40 1 EA Demo and remove concrete headwall 1,550.00 1,550.00 1,000.00 1,000.00 800.00 800.00 500.00 500.00 41 2 EA Demo and remove safety end treatment 650.00 1,300.00 500.00 1,000.00 400.00 800.00 250.00 500.00 42 75 LF Grout fill existing storm sewer line (all sizes)48.00 3,600.00 15.00 1,125.00 38.00 2,850.00 100.00 7,500.00 43 536 LF Demo and remove existing storm drain (all sizes)48.00 25,728.00 15.00 8,040.00 26.00 13,936.00 20.00 10,720.00 44 4 EA Demo and remove existing junction boxes and inlets (all sizes)1,800.00 7,200.00 2,000.00 8,000.00 1,000.00 4,000.00 500.00 2,000.00 45 1 LS Furnish & Maintain NOI and SWPPP 3,500.00 3,500.00 5,500.00 5,500.00 16,000.00 16,000.00 10,000.00 10,000.00 46 25 EA Inlet Protection 120.00 3,000.00 115.00 2,875.00 200.00 5,000.00 200.00 5,000.00 47 5,144 SY Install Grass Sod 5.85 30,092.40 4.00 20,576.00 4.50 23,148.00 5.00 25,720.00 48 1 EA Rock Filter Dam TXDOT Typ. 4 4,500.00 4,500.00 500.00 500.00 800.00 800.00 1,000.00 1,000.00 49 2,565 LF TV Inspection 2.75 7,053.75 3.00 7,695.00 4.75 12,183.75 5.00 12,825.00 637,322.15 453,566.00 549,502.75 614,280.50 Storm Drainage Subtotal - Storm Drainage Page 2 of 4 Page 25 of 208 Item No. Estimated Quantity Unit Description Unit Price Unit Price Total Total Unit Price Total Unit Price Total City of College Station - Purchasing Division Bid Tabulation for #20-036 "Southside Safety Improvements" Project Open Date: Wednesday, May 13, 2020 @ 2:00 p.m. Brazos Paving Inc. Kieschnick GC Larry Young Paving Inc. Palasota Contracting LLC. 50 445 LF 4" Water PVC CL200 (C900) - Non- Structural Backfill, backyard line 29.20 12,994.00 60.00 26,700.00 36.00 16,020.00 20.00 8,900.00 51 1,133 LF 6" Water PVC CL200 (C900) - Structural Backfill 47.75 54,100.75 35.00 39,655.00 55.00 62,315.00 30.00 33,975.00 52 1,100 LF 8" Water PVC CL200 (C900) - Structural Backfill 52.10 57,310.00 45.00 49,500.00 59.00 64,900.00 35.00 38,482.50 53 335 LF 12" Water PVC CL200 (C900) -Structural Backfill 82.70 27,704.50 60.00 20,100.00 70.00 23,450.00 60.00 20,100.00 54 3 LF Fire Hydrant Assembly (incl., valve, bend & hydrant)5,100.00 15,300.00 4,100.00 12,300.00 4,000.00 12,000.00 4,000.00 12,000.00 55 2,858 LF Grout fill existing water line (all sizes) 25.00 71,450.00 10.00 28,580.00 10.00 28,580.00 5.00 14,290.00 56 190 LF Demo and Remove existing water line (all sizes)25.00 4,750.00 20.00 3,800.00 18.00 3,420.00 20.00 3,800.00 57 3 EA 6" X 4" M.J. Tee 508.00 1,524.00 350.00 1,050.00 400.00 1,200.00 350.00 1,050.00 58 3 EA 6" X 6" M.J. Tee 610.00 1,830.00 350.00 1,050.00 400.00 1,200.00 350.00 1,050.00 59 1 EA 8" X 4" M.J. Tee 588.00 588.00 500.00 500.00 500.00 500.00 450.00 450.00 60 3 EA 8" X 6" M.J. Tee 641.80 1,925.40 500.00 1,500.00 600.00 1,800.00 450.00 1,350.00 61 1 EA 12" X 12" M.J. Tee (cut in to existing line) 2,725.00 2,725.00 3,500.00 3,500.00 2,000.00 2,000.00 4,000.00 4,000.00 62 1 EA 12" M.J. Cross 1,425.00 1,425.00 1,400.00 1,400.00 1,000.00 1,000.00 1,200.00 1,200.00 63 1 EA 4" M.J. Gate Valve 900.00 900.00 700.00 700.00 800.00 800.00 900.00 900.00 64 9 EA 6" M.J. Gate Valve 1,065.00 9,585.00 1,000.00 9,000.00 1,000.00 9,000.00 1,200.00 10,800.00 65 5 EA 8" M.J. Gate Valve 1,430.00 7,150.00 1,300.00 6,500.00 1,000.00 5,000.00 1,800.00 9,000.00 66 1 EA 12" M.J. Gate Valve 2,420.00 2,420.00 2,600.00 2,600.00 2,000.00 2,000.00 2,500.00 2,500.00 67 3 EA 12" x 6" M.J. Reducer 450.00 1,350.00 700.00 2,100.00 400.00 1,200.00 400.00 1,200.00 68 2 EA 12" x 8" M.J. Reducer 475.00 950.00 700.00 1,400.00 500.00 1,000.00 400.00 800.00 69 6 EA 4" x 11.25° M.J. Bend 410.00 2,460.00 200.00 1,200.00 200.00 1,200.00 250.00 1,500.00 70 2 EA 6" x 45° M.J. Bend 455.00 910.00 300.00 600.00 300.00 600.00 300.00 600.00 71 26 EA 8" x 45° M.J. Bend 520.00 13,520.00 450.00 11,700.00 300.00 7,800.00 300.00 7,800.00 72 20 EA 6" x 11.25° M.J. Bend 450.00 9,000.00 300.00 6,000.00 300.00 6,000.00 300.00 6,000.00 73 5 EA 8" x 11.25° M.J. Bend 510.00 2,550.00 450.00 2,250.00 300.00 1,500.00 300.00 1,500.00 74 1 EA 12" x 11.25° M.J. Bend 700.00 700.00 700.00 700.00 600.00 600.00 900.00 900.00 75 9 EA 1" Water Long Service (> 15') 2,100.00 18,900.00 1,100.00 9,900.00 2,000.00 18,000.00 1,800.00 16,200.00 76 13 EA 1" Water Short Service (< 15') 1,650.00 21,450.00 700.00 9,100.00 900.00 11,700.00 800.00 10,400.00 77 425 LF Fence removal/replacement (all types) 60.00 25,500.00 20.00 8,500.00 25.00 10,625.00 40.00 17,000.00 78 1 LS Trench Safety 6,025.00 6,025.00 1,000.00 1,000.00 1,000.00 1,000.00 500.00 500.00 376,996.65 262,885.00 296,410.00 228,247.50 Water Subtotal - Water Page 3 of 4 Page 26 of 208 Item No. Estimated Quantity Unit Description Unit Price Unit Price Total Total Unit Price Total Unit Price Total City of College Station - Purchasing Division Bid Tabulation for #20-036 "Southside Safety Improvements" Project Open Date: Wednesday, May 13, 2020 @ 2:00 p.m. Brazos Paving Inc. Kieschnick GC Larry Young Paving Inc. Palasota Contracting LLC. 79 816 LF 6" Sewer SDR 26 D-3034 - Structural Backfill 83.70 68,299.20 45.00 36,720.00 80.00 65,280.00 40.00 32,640.00 80 365 LF 6" Sewer SDR 26 D-3034 - Non-Structural Backfill, back yard line 65.50 23,907.50 75.00 27,375.00 40.00 14,600.00 40.00 14,600.00 81 1,532 LF 8" Sewer SDR 26 D-3034 - Structural Backfill 95.65 146,535.80 50.00 76,600.00 82.00 125,624.00 45.00 68,940.00 82 40 LF 8" Sewer SDR 26 D-3034 - Non-Structural Backfill 48.00 1,920.00 50.00 2,000.00 42.00 1,680.00 45.00 1,800.00 83 3 EA Standard 4' Manhole (0 - 8.00 ft depth) 3,684.00 11,052.00 3,500.00 10,500.00 4,000.00 12,000.00 3,500.00 10,500.00 84 8 EA Standard 4' Manhole (8.01 - 10.00 ft depth) 4,300.00 34,400.00 4,000.00 32,000.00 5,000.00 40,000.00 4,000.00 32,000.00 85 2 EA Standard 4' Manhole (10.01 - 12.00 ft depth) 5,150.00 10,300.00 5,000.00 10,000.00 6,000.00 12,000.00 4,500.00 9,000.00 86 1 EA Remove existing manhole 1,800.00 1,800.00 1,000.00 1,000.00 1,000.00 1,000.00 500.00 500.00 87 5 EA Grout fill existing manhole 800.00 4,000.00 600.00 3,000.00 1,000.00 5,000.00 1,000.00 5,000.00 88 2,241 LF Grout fill existing sewer lines (all sizes) 30.00 67,230.00 10.00 22,410.00 12.00 26,892.00 5.00 11,205.00 89 67 LF Demo and Remove as needed sewer lines (all sizes)40.00 2,680.00 15.00 1,005.00 20.00 1,340.00 20.00 1,340.00 90 20 EA 4" Sewer Long Service (> 15') 2,945.00 58,900.00 1,200.00 24,000.00 1,000.00 20,000.00 1,800.00 36,000.00 91 10 EA 4" Sewer Short Service (< 15') 2,140.00 21,400.00 700.00 7,000.00 800.00 8,000.00 600.00 6,000.00 92 1 LS Bypass pumping 20,000.00 20,000.00 25,000.00 25,000.00 3,000.00 3,000.00 10,000.00 10,000.00 93 2,875 LF TV Inspection (pre-construction) 3.50 10,062.50 3.00 8,625.00 2.00 5,750.00 4.00 11,500.00 94 2,753 LF TV Inspection (post-construction) 2.50 6,882.50 3.00 8,259.00 4.00 11,012.00 4.00 11,012.00 95 1 LS Trench Safety 9,635.00 9,635.00 2,000.00 2,000.00 4,000.00 4,000.00 1,000.00 1,000.00 499,004.50 297,494.00 357,178.00 263,037.00 96 7 EA Demo and Remove Existing Decorative Street Lights 5,500.00 38,500.00 6,000.00 42,000.00 8,000.00 56,000.00 500.00 3,500.00 97 5 EA Relocate Existing Power Pole 5,500.00 27,500.00 1,000.00 5,000.00 6,000.00 30,000.00 5,000.00 25,000.00 66,000.00 47,000.00 86,000.00 28,500.00 3,160,435.64 2,347,623.55 2,736,123.50 2,578,165.78 Bid Certification Bid Bond Addenda Acknowledged PER ADDENDUM #1 Sewer Subtotal - Sewer YY Y Y Electrical Subtotal - Electrical Total Bid Amount YY Y Y YY Y Y NOTES: Page 4 of 4 Page 27 of 208 ORDINANCE NO._______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY AND BRYAN TRADTIONS L.P. FOR THE DEVELOPMENT OF TRADITIONS PHASE 24 AND 25 PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, Bryan Traditions L.P. is a developer developing Traditions Phase 24 and 25; and WHEREAS, as part of said development, the construction of certain public infrastructure is required; and WHEREAS, pursuant to Section 212.071 et seq. Texas Local Government Code the City of College Station and the developer have agreed to jointly participate in the construction of certain public infrastructure to wit: Traditions Phase 24 and 25 18” Waterline Project (“Project”) as further set forth in a Participation Agreement ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council hereby finds it to be in the best interests of its citizens to enter into that one certain Participation Agreement with Bryan Traditions L.P. for the construction of Traditions Phase 24 and 25 18” Waterline Project. A copy of said Participation Agreement is attached as Exhibit “A” and incorporated herein by reference. PART 2:That the City Council hereby approves the contract with Bryan Traditions L.P. obligating the CITY to pay a maximum of $122,756 out of a total estimated amount of $595,046 for the labor, materials and equipment required for the improvements related the Traditions Phase 24 and 25 18” Waterline Project. PART 3:That the funding for this Contract shall be as budgeted from the Water Capital Improvement Project Fund, College Station Utilities Division, in the amount of $122,756. PART 4:That this Ordinance shall take effect immediately from and after its passage. Page 28 of 208 ORDINANCE NO.________Page 2 of 3 ADOPTED this day of , A.D. 2020. ATTEST:APPROVED: City Secretary MAYOR APPROVED: City Attorney Page 29 of 208 ORDINANCE NO.________Page 3 of 3 EXHIBIT “A” Page 30 of 208 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID#: _______ RFP: _______ Contract Description: ____________________________________________________________ ____________________________________________________________ Project Name: ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk and Purchasing Only— Insurance Certificates: ______ Performance Bond: _________ Payment Bond: _________ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ EXECUTIVE DIRECTOR, BUSINESS SERVICES DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 31 of 208 Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure Contract No.___________ Rev. 6/15/2020 CITY OF COLLEGE STATION OVERSIZED PARTICIPATION AGREEMENT FOR CONSTRUCTING, RECONSTRUCTING, OR OVERSIZING PUBLIC INFRASTRUCTURE This Agreement is entered into by and between the City of College Station, a Texas Home Rule Municipal Corporation (hereinafter “City”), ______________________________________________, a (insert state) ________________ (check one) ___ corporation ___ partnership ___ sole proprietorship ___ limited liability company, whose principle office is located at ___________________________________________, _______________________, ________________, ________ (hereinafter “Developer”) and, (if applicable) ______________________________________________, a (insert state) ________________ (check one) ___ corporation ___ partnership ___ sole proprietorship ___ limited liability company, whose principle office is located at ___________________________________________, _______________________, ________________, ________ (hereinafter “Contractor”), whereas the City, Developer, and Contractor are hereinafter collectively referred to as the “Parties”. WHEREAS, Developer is developing property within the City of College Station city limits, more particularly described as _____________________________________________ College Station, Brazos County, Texas (hereinafter “Property”) a description of which is attached hereto as Exhibit “A”; and WHEREAS, Developer is required to construct, reconstruct, or oversize certain public infrastructure, such as roadways, utilities, sidewalks, drainage facilities, water and sewer facilities, that relate to Developer’s proposed development of the Property and the filed plat; and WHEREAS, Developer may engage a Contractor to perform portions of the above-described work; and WHEREAS, City is required or desirous of assuming some financial responsibility for construction, reconstruction, or oversizing of certain public infrastructure affecting Developer’s development; and WHEREAS, the City and Developer will receive benefits from participation in the construction, reconstruction, or oversizing of certain public infrastructure as set forth in this Agreement; and WHEREAS, because of this and in order to comply with City’s overall development plan, both Developer and City agree that it is in the best interests of the public for the Parties to construct, reconstruct, or oversize certain identified public infrastructure; and Page 32 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 2 Rev. 6/15/2020 WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that provided by Developer’s engineers, and determined that certain such public infrastructure qualifies for City-Developer participation; and WHEREAS, the Parties agree as to the nature and proportion of participation as further recited herein and as may be required by applicable law including Chapter 212, Subchapter C, Developer Participation in Contract for Public Improvement and Chapter 252, Purchasing and Contracting Authority of Municipalities of the Texas Local Government Code; and NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed, the Parties hereby agree as follows: ARTICLE I DEFINITIONS 1.1 Approved Plans means the plans and specifications that meet the requirements of this Participation Agreement, the plat(s) affecting the Property, the City of College Station Codes and Ordinances and any other applicable laws and that have been submitted to, reviewed and approved by the City of College Station relating to the Project. 1.2 City or College Station means the City of College Station, a Texas Home Rule Municipal Corporation located at 1101 Texas Avenue, College Station, Texas 77840, with a mailing address of P.O. Box 9960, College Station, Texas 77842. 1.3 Contractor means the contractor entity described in the caption of this Agreement (if applicable). 1.4 Developer means the developer entity described in the caption of this Agreement. 1.5 Effective Date. The date on which this Agreement is duly approved by both Parties. 1.6 Final Completion. The term "Final Completion" means that all the work on the Project has been completed, a written guarantee of performance for a one-year maintenance period has been provided, all final punch list items have been inspected and satisfactorily completed, all payments to material men and subcontractors have been certified as completed, all documentation, and all closeout documents have been executed and approved by the Developer as required, all Letters of Completion and other City documentation have been issued for the Project, all reports have been submitted and reporting requirements have been met, and Developer has fully performed or caused to be fully performed, all other requirements contained herein. 1.7 Letter of Completion. A letter issued by the City Engineer stating that the construction of public improvements conforms to the plans, specifications and standards contained in or referred to in the Unified Development Ordinance of the City of College Station and the Approved Plans. 1.8 Oversizing Participation Costs means the difference between the Project Costs of the necessary public infrastructure with oversizing and the Project Costs of the necessary public Page 33 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 3 Rev. 6/15/2020 infrastructure without oversizing, as contained in the Developer’s engineer’s detailed cost estimate prepared and sealed by a licensed professional engineer. Note: All levels of funding, including, but not limited to, Oversizing Costs, Participation Costs, and Project Costs and estimates shall be reviewed and approved by the City Engineer. 1.9 Property means that certain tract or tracts of land located at _____________________________________________ and as further described in Exhibit “A”. 1.10 Project means the construction of __________________________________________ improvements as described in Exhibit “C”, and includes the full cost of materials and labor for construction, but excludes City-paid oversizing costs and costs of surveys, easements, and engineering and inspection services. Note: All levels of funding, including, but not limited to, Oversizing Costs, Participation Costs, and Project Costs and estimates shall be reviewed and approved by the City Engineer. 1.11 Project Costs means the full cost of materials and labor for construction of the Project, but excluding City-paid oversizing costs and costs of surveys, easements, and engineering and inspection services. Note: All levels of funding, including, but not limited to, Oversizing Costs, Participation Costs, and Project Costs and estimates shall be reviewed and approved by the City Engineer. ARTICLE II CITY COST PARTICIPATION 2.1 Agree to Participate. City agrees to cost participate in the Project up to the maximum not- to-exceed amounts and percentages, as determined by the City Engineer and based upon the “Oversizing Participation Costs”, which includes the total Bond Costs (as defined in Section 5.1), as estimated in Exhibit “D”. City’s actual rate of participation will be based upon the final actual cost of the Project as reflected by the breakdown of costs required pursuant to this Agreement. In no event shall the City’s total costs exceed the maximum amounts estimated in Exhibit “D”. 2.2 Competitive Bidding. If the Project is located within the extraterritorial jurisdiction of the City, then the Project must be competitively bid pursuant to Chapter 252 of the Texas Local Government Code, as amended. If competitive bidding is required: a. Developer shall pay for all costs associated with advertising, printing, and distributing plans and specifications for the Project, and b. City will be responsible for placing the advertisements, obtaining bids, negotiating proposals, and awarding bids. 2.3 Cost of Project. Developer’s engineer’s sealed detailed cost estimate of the Project is attached hereto and incorporated herein as Exhibit “D”. 2.4 Application for Payment. Application for payment by the Developer to the City for payment to the Developer pursuant to the terms of this Agreement must include the following in a form acceptable to City: Page 34 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 4 Rev. 6/15/2020 a. Certification by Developer of Final Completion of the Project in accordance with the Approved Plans; b. Copies of all Letters of Completion relating to the Project; c. Certification by Developer of Developer’s compliance with all City Codes, Ordinances and standards relating to the Project; d. Dedication of the land for the right-of-way or public utility easement either by plat or by separate public utility easement instrument approved and prepared by City; e. A title report dated within sixty (60) days of the date of such plat or public utility easement; f. Lien releases or subordinations from all lenders, if any, as required by City, and g. A breakdown of actual costs of the Project with supporting documentation, including all payment receipts and a breakdown of City’s portion of Project Costs, as appropriate. 2.5 City Participation Payment. Developer shall submit the written application for City participation payment within sixty (60) days after issuance of all Letters of Completion relating to the Project or Developer shall be ineligible to receive the City participation payment as specified in this Agreement and City’s obligation to cost participate shall terminate without any liability. Subject to written approval by the City Manager, the Developer’s sixty (60) day submittal deadline may be extended up to one-hundred twenty (120) days to account for extenuating circumstances related to the Project. Applications may not be submitted prior to the issuance of all Letters of Completion. City will pay its participation funds in one payment within forty-five (45) days after receipt of a complete written application for participation payment from Developer. 2.6 No Waiver of Impact Fees. By entering into this Agreement, the City does not waive nor exempt Developer from Impact Fees or other City fees. 2.7 Reports, books and other records. Developer shall make its books and other records related to the Project reasonably available for inspection by City. Developer shall submit to City any and all information or reports reasonably requested to verify the expenditures submitted for City participation eligibility including, but not limited to bid documents, payment applications, including any supporting information, canceled checks, copies of construction and engineering documents, as determined by the City Engineer in his reasonable discretion, for the verification of the cost of the Project detailed in Exhibits “C” and “D” of this Agreement. The submission of these reports and information shall be the responsibility of Developer and shall be certified by Developer’s Licensed Professional Engineer at Developer’s expense and signed by an authorized official of the entity. Page 35 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 5 Rev. 6/15/2020 ARTICLE III GOVERNMENTAL IMMUNITY, INDEMNIFICATION, RELEASE AND INSURANCE 3.1 BY ENTERING INTO THIS AGREEMENT, THE CITY DOES NOT CONSENT TO SUIT; WAIVE ITS GOVERNMENTAL IMMUNITY OR THE LIMITATIONS AS TO DAMAGES UNDER THE TEXAS TORT CLAIMS ACT. 3.2 INDEMNIFICATION. DEVELOPER AND CONTRACTOR, JOINTLY AND SEVERALLY, AGREE TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY AND ITS OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, EXPERT FEES AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, OR FOR BREACH OF CONTRACT, ARISING OUT OF OR IN CONNECTION WITH THE PROJECT OR WORK PERFORMED UNDER THIS AGREEMENT, REGARDLESS OF WHETHER SUCH INJURIES, DEATH, DAMAGES OR BREACH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ANY OTHER PARTY INDEMNIFIED HEREUNDER, THE DEVELOPER, THE CONTRACTOR, OR ANY THIRD PARTY. 3.3 RELEASE. DEVELOPER AND CONTRACTOR, JOINTLY AND SEVERALLY, ASSUME FULL RESPONSIBILITY FOR THE PROJECT OR WORK TO BE PERFORMED HEREUNDER, AND RELEASE, RELINQUISH AND DISCHARGE CITY, ITS OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES, FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREFORE, FOR ANY INJURY TO OR DEATH OF ANY PERSONS AND ANY LOSS OF OR DAMAGE TO ANY PROPERTY THAT IS CAUSED BY, ALLEGED TO BE CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH, DEVELOPER'S OR CONTRACTOR’S PROJECT OR WORK TO BE PERFORMED HEREUNDER. THIS RELEASE SHALL APPLY WHETHER OR NOT SAID CLAIMS, DEMANDS, AND CAUSES OF ACTION ARE COVERED IN WHOLE OR IN PART BY INSURANCE AND REGARDLESS OF WHETHER OR NOT SAID CLAIMS, DEMANDS, AND CAUSES OF ACTION WERE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CITY, ANY OTHER PARTY RELEASED HEREUNDER, DEVELOPER, CONTRACTOR, OR ANY THIRD PARTY. 3.4 Insurance. The Developer and Contractor shall procure and maintain, at their own sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the Project or work to be performed by Developer or its contractors, subcontractors, agents, representatives, volunteers, or employees, and by Contractor or its subcontractors, agents, representatives, volunteers, or employees. Said insurance shall list College Station, its officers, agents, employees, and volunteers as Additional Insureds. See Exhibit “E” for required limits of liability insurance. Certificates of insurance Page 36 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 6 Rev. 6/15/2020 evidencing the required insurance coverages on the most current form approved by the Texas Department of Insurance shall be attached hereto as Exhibit “F”. 3.5 Survival. All provisions of this Article III, including, but not limited to, governmental immunity, indemnity, release, and insurance, survive termination or expiration of this Agreement. ARTICLE IV PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. City may inspect the Project for compliance with the Approved Plans during construction. In the event that it is determined by City that any of the work or materials furnished is not in strict accordance with the Approved Plans, City may withhold funds until the nonconforming work conforms to the Approved Plans or terminate this Agreement at City’s election without any further liability. 4.2 Independent Contractor. Developer and Contractor shall be solely responsible for ensuring the selecting, supervising, and paying of its contractors and subcontractors and for complying with all applicable laws, including, but not limited to all requirements concerning workers compensation and construction retainage with respect to the Project. The Parties agree all employees, volunteers, personnel and materials furnished or used by Developer and its contractors and subcontractors, or Contractor and its subcontractors, in the Project will be the responsibility of Developer and Contractor and understand Developer and Contractor will not be deemed employees or agents of City for any purpose. Nothing in this Agreement will establish a joint venture between the Developer, Contractor, and the City. 4.3 Payment for materials and labor. Developer and Contractor shall be solely and exclusively responsible for compensating any of its contractors, subcontractors, employees, material men or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by City arising out of or incidental to the performance of Developer or Contractor pursuant to this Agreement. In the event a statutory lien notice is sent to City, Developer shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the Project, Developer shall provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, material men, and subcontractors have been released, and that there are no claims pending of which Developer has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit “G” which is attached hereto and incorporated by reference. 4.5 Requirements of Applicable rules remain. This Agreement does not alter, amend modify or replace any other requirements applicable to the Project that are contained in the Code of Ordinances of the City of College Station, Texas, Unified Development Ordinance of the City of College Station, or other applicable law. Page 37 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 7 Rev. 6/15/2020 4.6 Warranty: Upon issuance of a certificate of Final Completion, Developer warrants and will ensure that the Developer’s Contractor's warranty (or other warranty as acceptable by City) will pass through to the City and will warrant for a period of one (l) year (or longer as provided in Part d., below) (such period being referred to as the “Warranty Period”) as follows: a. That, through the Developer’s Contractor’s pass through warranty, all materials provided to the City under this Agreement shall be new unless otherwise approved in advance, in writing, by the City Engineer and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement and recognized industry standards. b. All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective, and shall be repaired or replaced at Developer’s sole cost and expense. c. This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Developer. d. Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. ARTICLE V GUARANTEE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of Developer. The Developer shall provide, or require its construction contractor(s) to provide, Performance Bonds in accordance with the requirements of Texas Local Government Code §212.073, or a Performance Bond for Subdivision Plat Bond that appropriately covers and protects the Project. The bonds shall be provided using the appropriate form attached in Exhibit “H” to ensure construction of the Project. For Projects exceeding fifty thousand dollars ($50,000) in total value, Developer will ensure its contractor performing the Project executes a payment bond to ensure payment to subcontractors and vendors. The Developer and the City shall be dual obligees on the performance bond if issued on behalf of Developer’s construction contractor(s). The City shall be the sole oblige on the bond(s) if the bonding requirements of this Section are satisfied with a Performance Bond for Subdivision Plat Bond. Bonds shall be on a City-approved form, be executed by a corporate surety according to Chapter 2253 of the Texas Government Code, and be for the full cost of Developer’s construction contract to which the Project relates. a. If bonds are to be provided by a Contractor, the Developer must provide the City a copy of the contractor’s payment and performance bond before work commences on the Project. If a Performance Bond for Subdivision Plat Bond is used, the Performance Bond for Subdivision Plat Bond and payment bond must be provided to the City before work commences on the Project. Page 38 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 8 Rev. 6/15/2020 5.2 Bonding Requirements of City. If the Project is located within the extraterritorial jurisdiction of the City, the City will ensure that the prime contractor of the Project executes to the City a performance bond and a payment bond as required by Chapter 2253 of the Texas Government Code. ARTICLE VI GENERAL PROVISIONS 6.1 Amendments. No amendment to this Agreement will be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both Parties. 6.2 Choice of Law and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 6.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. Specifically, the person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of Developer represents that he or she is authorized to sign on behalf of Developer and agrees to provide proof of such authorization to the City upon request. The person executing this Agreement on behalf of Contractor represents that he or she is authorized to sign on behalf of Contractor and agrees to provide proof of such authorization to the City upon request. 6.4 Agreement read. The Parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.5 Notice. Any notice sent under this Agreement, except as otherwise expressly required herein, shall be hand delivered, written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: To Developer: To City: _______________________________ City of College Station _______________________________ City Engineer _______________________________ P.O. Box 9960 _______________________________ College Station, TX 77842 _______________________________ With copies to: To Contractor: City Attorney and City Manager _______________________________ P.O. Box 9960 _______________________________ College Station, TX 77842 _______________________________ _______________________________ _______________________________ Page 39 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 9 Rev. 6/15/2020 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the party. 6.6 Term. This Agreement will terminate after expiration of the warranty period, subject to survival of other provisions, as indicated. The Agreement term may be extended by mutual written agreement of the Parties. 6.7 Termination. This Agreement and the performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. a. Any such termination shall be effected by delivery to the Developer and Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. b. In the event of termination for convenience by City, the Developer and Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Developer and Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience by City, Developer and Contractor waive and release any claim for lost profits or damages. c. In the event of termination for convenience by City, the Developer and Contractor may continue construction on the current as-approved construction plans issued with the development permit, with the removal of the oversizing requirement from the as-approved construction plans. 6.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by Developer or Contractor without the prior written approval of the City. 6.9 Default. In the event of a breach of this Agreement by Developer or Contractor, City may terminate this Agreement and exercise any and all legal remedies. 6.10 Severability. In the event 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 the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Agreement as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Agreement or by reform by a court of competent jurisdiction. Page 40 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 10 Rev. 6/15/2020 6.11 Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. 6.12 Recitals. The "WHEREAS" clauses set forth above are expressly incorporated in and form part of the terms of this Agreement. 6.13 Captions. The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. 6.14 Singular and Plural. All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires. 6.15 Ambiguity. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement. 6.16 Anti-Boycott Verification. As required by Chapter 2270, Government Code, Developer and Contractor hereby verifies that Developer and Contractor do not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes 6.17 No Third Party Beneficiaries. No person or entity shall be a third party beneficiary to this Agreement or shall have any right or cause of action hereunder. 6.18 No Partnership. This Agreement and the transactions and performances contemplated hereby shall not create any manner of partnership, joint venture or similar relationship between the Parties. 6.19 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits: A. Legal Description of the Property B. Route Survey and Off-Site Easements Instruments (if applicable) C. Description of the Project D. Engineer’s stamped and sealed estimate of costs and breakdown for Project and Participation Costs E. Insurance Requirements F. Certificates of Insurance G. Affidavit of All Bills Paid Form H. Performance Bond for Subdivision Plat (if bond provided by Developer) I. Payment Bond (Dual Obligee Form) Page 41 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 11 Rev. 6/15/2020 (Signature Page Immediately Follows) Page 42 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 12 Rev. 6/15/2020 _______________________________ CITY OF COLLEGE STATION [DEVELOPER] BY: ___________________________ BY: _________________________ City Manager Printed Name:___________________ Date:______________ Title:__________________________ APPROVED Date:______________ _____________________________ City Attorney Date:______________ _______________________________ [CONTRACTOR] (if applicable) _____________________________ Assistant City Manager/CFO BY: ___________________________ Date:______________ Printed Name:___________________ Title:__________________________ Date:______________ Page 43 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 13 Rev. 6/15/2020 Exhibit A Legal Description of the Property Page 44 of 208 Page 45 of 208 Page 46 of 208 Page 47 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 14 Rev. 6/15/2020 Exhibit B Route Survey and Off-Site Easement Instruments (if applicable) Page 48 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 15 Rev. 6/15/2020 Exhibit C Description of the Project Page 49 of 208 G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"5!(z!(!(z!(!(z!(!(z!(z!(!(&Éz!(&É!(!(!(z!(!(&Éz!(!(!(z!(!(z!(!(!(!(z!(!(!(!(z!(z!(z!(z!(z!(z!(!(z&Éz!(!(z&É!(!(!(z!(Proposed 18" Water LineTraditions Phase 24-2518"Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot: DS1Lot:17Lot: 21Lot: 62Lot: 32Lot: 19Lot: 61Lot: 17.2Lot: 19.1Lot: 14Lot: 11Lot: 2Lot: 1Lot: DS1Lot: CA-1Lot: 1Lot: 1RLot: CA-1RLot: PLDLot: 1Lot: CA-1HSC PWRAYMOND STOTZER FRONTAGEBURGESS LNBIOMEDICAL WYSTRADITIONSDRRAYMOND STOTZER PWON RAMP RAYMOND STOTZERRIVERSIDE PWOFF RAMP RIVERSIDE PWRIVERSIDEPWTORAYMONDSTOTZERPWRAYMONDSTOTZERTORIVERSIDEPW12"12"8"8"6"12"6"6"8"6 "12"6"6"6"8"12"12"6"8"12"18"12"12"12"12"18"12"12"12"12"18"18"12"12"12"12"18"18"12"18"12"18"12"1 2 "18"Page 50 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 16 Rev. 6/15/2020 Exhibit D Engineer’s Stamped and Sealed Estimate of Costs and Breakdown for Project and Participation Costs Page 51 of 208 Page 52 of 208 Page 53 of 208 Page 54 of 208 Page 55 of 208 Page 56 of 208 Page 57 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 17 Rev. 6/15/2020 Exhibit E Insurance Requirements Throughout the term of this Agreement, Developer, Contractor, and Developer’s Contractors (the Developer, Contractor, and Developer’s Contractors are all collectively referred to as “Contractor”), must comply with the following: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit “F”; and shall be approved by the City before work begins C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only D. The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept “claims made” policies F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $1,000,000.00 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance E. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Page 58 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 18 Rev. 6/15/2020 and Personal & Advertising Liability. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better rating under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. V. Workers’ Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a Workers’ Compensation policy, either directly through their employer’s policy (the Contractor’s or subcontractor’s policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the Subcontractors’ employees. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B. Workers compensation insurance shall include the following terms: 1. Employer’s Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy 3. TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY” C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications (if applicable), and this Agreement, all subcontracts on this Project must include the following terms Page 59 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 19 Rev. 6/15/2020 and conditions, in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: “A. Definitions: Certificate of coverage (“certificate”) – An original certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers’ compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (“subcontractors” in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Page 60 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 20 Rev. 6/15/2020 (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: Page 61 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 21 Rev. 6/15/2020 (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penal- ties, or other civil actions. K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity.” Page 62 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 22 Rev. 6/15/2020 Exhibit F Certificates of Insurance Page 63 of 208 Page 64 of 208 Page 65 of 208 Page 66 of 208 Page 67 of 208 Page 68 of 208 Page 69 of 208 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD BRAZO03 OP ID: PC 06/12/2020 Brenda Newman J&H Insurance Services, Inc. 510 N. Valley Mills Dr., #701 Waco, TX 76710 Randy Behringer 254-741-2889 254-772-6864 brendan@jandhins.com United Fire & Casualty Co. Texas Mutual Insurance Company Brazos Paving, Inc. BPI Materials, LLC P. O. Box 714 Bryan, TX 77806 A X 1,000,000 X 85315640 11/01/2019 11/01/2020 100,000 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000 1,000,000A X 85315640 11/01/2019 11/01/2020 XX 5,000,000A 85315640 11/01/2019 11/01/2020 5,000,000 XB 0001207539 11/01/2019 11/01/2020 1,000,000 1,000,000 1,000,000 A 85315640 11/01/2019 11/01/2020 LEASED/ 600,000 RENTED EQ Project: Traditions Phase 24-25 Per written contract, the Certificate Holder and Bryan/Traditions, LP are included as Additional Insured. Primary and Non-Contributory. 30 Days Notice of Cancellation. Waiver of Subrogation applies. CITYCO1 City of College Station 1101 Texas Avenue College Station, TX 77840 254-741-2889 13021 22945 Emp Ben. EQUIPMENT FLOATER Page 70 of 208 NOTEPAD PAGE INSURED'S NAME Date 2 OP ID: PC PER WRITTEN CONTRACT ONLY, the following Blanket Coverage Endorsements apply to Brazos Paving, Inc policies: CG 20 10 04 13 Additional Insured - Owners, Lessees or Contractors CG 20 37 04 13 Additional Insured - Completed Operations CG 20 38 04 13 A v dditional Insured - In A Construction Project CG 20 01 04 13 Primary & Non Contributory-Other Insurance Conditions CG 72 80 07 17 Limited Extended Ultra Liability Plus (Includes GL WOS) CA 71 09 01 17 Business Auto Ultra Endorsement (Includes Auto AI & WOS) CA 73 34 09 15 Business Auto - Primary & Non Contributory WC 42 03 04 B Texas Waiver of Our Rights to Recover from Others (WC WOS) 30 Days Notice of Cancellation ***Additional Insured and Waiver of Subrogation will apply, PER WRITTEN CONTRACT. ***UMBRELLA policy will follow all listed Policies and Endorsements BRAZO03 06/12/2020Brazos Paving, Inc. Page 71 of 208 Page 72 of 208 Page 73 of 208 Page 74 of 208 Page 75 of 208 Page 76 of 208 Page 77 of 208 Page 78 of 208 Page 79 of 208 Page 80 of 208 Page 81 of 208 Page 82 of 208 Page 83 of 208 Page 84 of 208 Page 85 of 208 Page 86 of 208 Page 87 of 208 Page 88 of 208 Page 89 of 208 Page 90 of 208 Page 91 of 208 Page 92 of 208 Page 93 of 208 Page 94 of 208 Page 95 of 208 Page 96 of 208 Page 97 of 208 Page 98 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 23 Rev. 6/15/2020 Exhibit G Affidavit of All Bills Paid Form Page 99 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 24 Rev. 6/15/2020 THE STATE OF TEXAS § AFFIDAVIT OF BILLS PAID § COUNTY OF BRAZOS § FOR PARTICIPATION AGREEMENT Before me, the undersigned authority, _____________________________ (“Affiant”), _________________________ (Title), of ___________________________ (“Developer”), personally appeared being duly sworn, deposed, and states the following: I am over 18 years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts stated in it, which facts are true and correct. The Developer pursuant to the Participation Agreement with the City of College Station, dated ____________, 20__, has caused the Developer or the Developer’s contractors to furnishes labor and materials to construct improvements for the _________________________ (description of project) on the real property known as ___________________________, (address or legal description) more particularly described in the Participation Agreement as the “Project”. To the extent Developer constructed or contracted for the construction of such improvements, the Developer or the Developer’s contractors have paid each of its sub-contractors, laborers and material men in full for all labor or materials provided to Developer on the Project. To the best of Affiant’s knowledge, Developer or Developer’s contractors have not received notice of any claims pending against the Project in connection with the Project. Executed this ________ day of _____________________, 20__. AFFIANT: Signature: ________________________________ Printed Name: _____________________________ SUBSCRIBED AND SWORN TO before me on this _____ day of ___________, 20__. ______________________________ Notary Public, State of Texas Page 100 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 25 Rev. 6/15/2020 Exhibit H Subdivision Plat Bond (To be inserted upon execution) Page 101 of 208 Page 102 of 208 Page 103 of 208 Oversized Participation Agreement – Construct, Reconstruct, or Oversize Infrastructure 26 Rev. 6/15/2020 Exhibit I Payment Bond (Dual Obligee Form) Page 104 of 208 Page 105 of 208 Page 106 of 208 Page 107 of 208 Page 108 of 208 July 9, 2020 Item No. 3.5. Ordinance Consenting to Mayoral Order Number Three Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to, amending, and approving Order Number Three Under Mayoral Declaration of Local State of Disaster Due to Public Health Emergency regarding face coverings as proclaimed by the Mayor on June 25, 2020. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARSCoV2, (COVID-19). On March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19. On March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020. Also on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020. On March 30, 2020, the College Station City Council adopted an ordinance consenting and approving the Second Mayoral Order. The conditions necessitating the declaration of a state of disaster has continued to exist and has been renewed by the College Station City Council on April 23, 2020, May 28, 2020, and June 25, 2020. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face coverings for commercial entities until July 10, 2020; the Council needs to consent and approve the Third Mayoral Order. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.July 9 Face Covering Ordinance (1) Page 109 of 208 ORDINANCE NO.__________ ORDINANCE MANDATING FACE COVERINGS FOR COMMERCIAL ENTITIES WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS -CoV2 , (COVID -19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take -out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30 , 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 2 3, 2020, in Ordinance No. 2020-4164; and WHEREAS; on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal; and WHEREAS; on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS; on May 28 , 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS; on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 110 of 208 Ordinance No Page 2 of 4 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1. That Order Number Three Under Mayoral Declaration of Local State of Disaster Due to Public Health Emergency proclaimed by the Mayor on June 25 , 2020, is adopted as set out in Exhibit A and as amended below, and shall continue until terminated by the College Station City Council or until the Local State of Disaster is terminated, whichever occurs earlier. 2. That Order Number Three Under Mayoral Declaration of Local State of Disaster Due to Public Health Emergency Section 12 shall be amended to state “Section 12. This Order shall continue until terminated by the City Council or until the Local State of Disaster is terminated, whichever occurs earlier.” 3. This ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective immediately. Page 111 of 208 Ordinance No Page 3 of 4 PASSED AND ADOPTED, this 9th day of July , 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 112 of 208 Ordinance No Page 4 of 4 EXHIBIT A JUNE 25TH MAYORAL ORDER NUMBER THREE DUE TO PUBLIC HEALTH EMERGENCY MANDATING FACE COVERINGS FOR COMMERCIAL ENTITIES Page 113 of 208 MAYORAL ORDER NUMBER THREE DUE TO PUBLIC HEALTH EMERGENCY MANDATING FACE COVERINGS FOR COMMERCIAL ENTITIES WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020 Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented to Second Mayoral Order of March 23rd mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on April 21, 2020, the Mayor of College Station issued Declaration Renewing the Disaster Declaration of March 17th and March 18th Order and Amended Declaration; and WHEREAS; on April 23, 2020, the College Station City Council consented to the April 21, 2020 Disaster Declaration Renewal with Ordinance 2020-4169; and WHEREAS, on May 22, 2020, the Mayor of College Station issued Declaration Renewing the Disaster Declarations of March 17th and of April 21st; and WHEREAS; on May 28, 2020, the College Station City Council consented to the May 22, 2020 Disaster Declaration Renewal with Ordinance 2020-4181; and WHEREAS; on June 22, 2020 the Mayor of College Station issued Declaration Renewing the Disaster Declaration of March 17, 2020, April 21, 2020, and May 22, 2020; and Page 114 of 208 City of College Station COVID-19 Third Mayoral Order Page 2 of 6 Face Coverings WHEREAS; on June 25, 2020, the College Station City Council consented to the June 22, 2020 Disaster Declaration Renewal with Ordinance 2020-4195; and WHEREAS, because of the risk of the rapid spread of the COVID-19, the need to protect the most vulnerable members of the community, and the desire to slow the spread of COVID-19 to the maximum extent possible, this Order is required; and WHEREAS, this Order is issued based on evidence of increasing occurrence of COVID-19 within the City and throughout the Brazos Valley, scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically, and evidence that the age, condition, and health of a significant portion of the City’s population is at risk for serious health complications, including death, from COVID-19; and WHEREAS, some people contracting COVID-19 have no symptoms or have mild symptoms, which means those people may not be aware they are carrying the virus is making the spread of COVID-19 worse; and WHEREAS, the Governor of Texas has acknowledged that cities may need to enact more stringent measures to address this public health emergency; and WHEREAS, said state of disaster requires that certain emergency protective measures be taken pursuant to the Texas Disaster Act of 1975 relating to Emergency Management and Public Health, pursuant to Chapter 418 of the Texas Government Code and the following regulations shall take effect on the effective date, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW THEREFORE, BE IT ORDERED BY THE MAYOR OF THE CITY OF COLLEGE STATION: SECTION 1. That I, Karl Mooney, Mayor of the City of College Station, have determined that extraordinary and immediate measures must be taken to respond quickly to prevent and slow down community spread of COVID-19. SECTION 2. HEALTH AND SAFETY POLICY - COMMERCIAL ENTITIES. a. From this Order’s effective date, every commercial entity in the City of College Station providing goods or services directly to the public must develop and implement a health and safety policy (“Health and Safety Policy”). b. The Health and Safety Policy must require, at a minimum, that every employee or visitor to the commercial entity's business premises or other facilities wear a face covering over their nose and mouth, according to the CDC guidelines, when in an undivided room or area with coworkers or the public or while performing an activity which necessarily involves or Page 115 of 208 City of College Station COVID-19 Third Mayoral Order Page 3 of 6 Face Coverings is reasonably likely to involve close proximity to coworkers or the public such that six feet of separation is not feasible. c. The Health and Safety Policy required to be developed and implemented by this Order may also include the implementation of other mitigating measures designed to control and reduce the transmission of COVID-19, such as temperature checks or health screenings. d. The commercial entity must post the Health and Safety Policy required by this Order in a conspicuous location sufficient providing notice to employees and visitors of its Health and Safety Policy. e. Failure to develop, conspicuously place, and implement the Health and Safety Policy required by this Order after its passage may result in a fine not to exceed $1,000.00. Each day for which a Health and Safety Policy is not developed, conspicuously placed, and implemented shall be a separate offense. f. This Order does not apply to and it is a defense to prosecution that the commercial entity operated a restaurant or bar and did not require a patron to wear a face covering while eating or drinking when the patron was at least six feet away from persons not in his or her party. SECTION 3. FACE COVERINGS - GENERAL PUBLIC. a. CDC Guidelines. All persons 10 years or older must wear a face covering, according to the CDC guidelines, over their nose and mouth when in a public place where it is difficult to keep six feet away from other people or working in areas that involve close proximity with coworkers. The CDC advises face coverings for people 2 years or older. Face coverings may include homemade masks, scarfs, bandanas, or handkerchiefs. City of College Station residents should continue maintaining social distancing of at least six feet while outside their homes. b. City Employees. All City of College Station employees are required to wear face coverings under the same circumstances as the general public. c. MEDICAL MASKS. IT IS STRONGLY RECOMMENDED THAT YOU NOT OBTAIN OR WEAR MEDICAL MASKS OR N-95 RESPIRATORS AS THEY ARE A NEEDED RESOURCE FOR HEALTH CARE PROVIDERS AND FIRST RESPONDERS. Our healthcare workers and first responders on the frontlines combating COVID-19 must have priority access to medical masks or other personal protective equipment. d. Mitigation Efforts. Face coverings are a secondary strategy to other mitigation efforts. Face coverings are not a replacement for social distancing, frequent handwashing, quarantining, and self-isolation when sick. People should follow CDC recommendations for how to wear and take off a face covering. People should maintain the following habits Page 116 of 208 City of College Station COVID-19 Third Mayoral Order Page 4 of 6 Face Coverings while in public: washing hands before you leave home and when you return, staying at least six feet away from others, avoiding touching nose or face, not using disposable masks more than three times, and washing reusable cloth masks regularly to prevent the spread of the COVID-19. SECTION 4. FACE COVERINGS DO NOT NEED TO BE WORN IN THE FOLLOWING CIRCUMSTANCES: a. When exercising outside or engaging in physical activity outside; b. When driving alone or with passengers who are part of the same household as the driver; c. When doing so poses a greater mental or physical health, safety, or security risk; d. When pumping gas or operating outdoor equipment; e. While in a building or participating in an activity that requires security surveillance, screening, or identification, for example, banks; f. When consuming food or drink; or g. When receiving a service where a face covering would impair the service. SECTION 5. LARGE BUSINESSES OR RETAILERS. Large Businesses or Retailers are encouraged to establish special or designated shopping times for people who are considered high- risk for contracting COVID-19. SECTION 6. To the greatest extent possible, this Order shall be interpreted as consistent with and supplemental to any executive order issued by the Governor of Texas. All provisions of the executive orders of the Governor of Texas either existing or subsequently issued, and which are made applicable to all jurisdictions by law, shall be automatically incorporated into and constitute terms of this Order, and shall be enforceable as if set forth herein without the necessity for the issuance of any further orders. SECTION 7. Consistent with the Governor’s Executive Order GA-26, no civil or criminal penalty shall be imposed on individuals for failure to wear a face covering and in accordance with the limitations contained in the Governor’s executive orders, any peace officer, code enforcement officer, health official, or other person with lawful authority is hereby authorized to enforce the provisions of this Order in accordance with the authority granted under the Texas Disaster Act of 1975. All provisions of this Order should be interpreted to effectuate this intent. SECTION 8. Failure to comply with any of the provisions of this Order constitutes an imminent threat to public health. SECTION 9. A violation of this order shall be a fine of not less than one dollar ($1.00) and no more than one thousand dollars ($1,000.00), and each day a violation exists shall be a separate offense. This Order also authorizes the use of any other lawfully available enforcement tools. Page 117 of 208 City of College Station COVID-19 Third Mayoral Order Page 5 of 6 Face Coverings SECTION 10. That this Order shall be given prompt and general publicity and filed with the City Secretary. The City of College Station must promptly provide copies of this Order by posting it on the City of College Station website. In addition, the owner, manager, or operator of any commercial entity or facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public asking for a copy. SECTION 11. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order. SECTION 12. THIS ORDER REMAINS IN EFFECT FROM: 6:00 A.M., MONDAY, JUNE 29, 2020, AND ENDS AT 11:59 P.M., FRIDAY, JULY 10, 2020. ORDERED this 25th day of June, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 118 of 208 City of College Station COVID-19 Third Mayoral Order Page 6 of 6 Face Coverings EXAMPLE HEALTH AND SAFETY POLICY COVID-19 can be spread to others by infected persons who have few or no symptoms. It is this business’s policy because of the hidden nature of this threat to require the following: 1. FACE COVERING REQUIRED IN ORDER TO ENTER AND REMAIN ON PREMISES. All persons over the age of ten (10), including employees, customers, visitors, invitees and contractors (“Patrons”), who enter this business must wear a face covering over their nose and mouth, such as a homemade mask, scarf, bandana, or handkerchief. FACE COVERINGS DO NOT NEED TO BE WORN IN THE FOLLOWING CIRCUMSTANCES: a. When exercising outside or engaging in physical activity outside; b. When driving alone or with passengers who are part of the same household as the driver; c. When doing so poses a greater mental or physical health, safety, or security risk; d. When pumping gas or operating outdoor equipment; e. While in a building or participating in an activity that requires security surveillance, screening, or identification, for example, banks; f. When consuming food or drink; or g. When receiving a service where a face covering would impair the service. 2. SOCIAL DISTANCING PROTOCOLS. Even with the use of appropriate face coverings, individuals should maintain six (6) feet of social distancing whenever possible. a. Employees should not work within six (6) feet of one another, except to the extent necessary to provide services. b. Patrons should maintain six (6) feet of separation from other individuals outside their household, to the extent feasible when inside the business premises. c. Patrons queuing or waiting inside or on the premises of the business must maintain six (6) feet of separation from other individuals outside their household. 3. VIOLATIONS. Patrons who do not wear a face covering will be asked to leave the premises and will not be provided goods or services until the face covering requirements are followed. 4. NOTICE AND SIGNAGE. Notice of this Health and Safety Policy will be posted in a conspicuous location of the business. Page 119 of 208 July 9, 2020 Item No. 4.1. BVSWMA, Inc. FY 21 Budget Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the Fiscal Year 2021 BVSWMA, Inc. Budget. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the BVSWMA, Inc. FY 21 Budget. Summary: The BVSWMA, Inc. proposed budget was considered and approved by the BVSWMA, Inc. Board of Directors on June 17, 2020. According to the BVSWMA, Inc., By-Laws and Operating Agreement, the BVSWMA budget will be presented to the College Station and Bryan City Councils for consideration after being approved by the BVSWMA Board. It is anticipated that the City of Bryan will consider this item on July 14, 2020. Budget & Financial Summary: The FY2021 BVSWMA, Inc. Budget Revenue is $9,499,000. The Operating Expenses are $7,086,327 and Capital Expenses are $4,975,000. The Total Reserves, Cash, & Investments are $11,750,695. The budget also reduces the gate rate for both owning cities from $17.50 to $15.00 per ton. Reviewed & Approved by Legal: No Attachments: 1.FY21 BVSWMA Budget Page 120 of 208 BVSWMA, Inc. Budget Fiscal Year Ending September 30, 2021 APPROVED AND ADOPTED BY VOTE OF THE BOARD OF DIRECTORS OF THE BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY, INC. AT A REGULAR MEETING HELD ON THE 17TH DAY OF JUNE, 2020. APPROVED: ______________________________ Page 121 of 208 Twin Oaks Landfill Gate Rates Page 122 of 208 Twin Oaks Gate Rates City of Bryan City of College Station Non-City FYE Gate Rate Gate Rate 2011 $21.50 $27.00 2012 $21.50 $27.00 2013 $21.50 $27.00 2014 $21.50 $27.00 2015 $21.19 $26.69 2016 $21.19 $26.69 2017 $20.50 $26.69 2018 $20.00 $26.69 2019 $18.50 $26.69 Current 2020 $17.50 $28.00 Proposed 2021 $15.00 $28.00 Projected 2021 $15.00 $28.00 Gate Rate includes $0.94/ton TCEQ Fee Page 123 of 208 BVSWMA, Inc. Fiscal Year Ending 2020 Budget Overview Page 124 of 208 Approved Projected Proposed 2020 2020 2021 Budget Results Budget Revenue 9,540,900$ 10,199,476$ 9,499,000$ Operating Expense 6,800,869$ 6,232,004$ 7,086,327$ Captial Expense 3,791,000$ 4,619,115$ 4,975,000$ Total Expense 10,591,869$ 10,851,119$ 12,061,327$ Cash & Investments (Working Capital)2,299,657$ 5,664,057$ 3,101,730$ Reserves Rock Prairie Road Closure/Post Closure 2,797,549$ 2,355,094$ 2,256,965$ Twin Oaks Closure & Post Closure 2,382,819$ 2,403,033$ 2,713,214$ BDF - Interim cover & pre-closure 430,857$ 436,084$ 516,327$ BDF - Pipeline relocation 505,854$ 518,102$ 604,588$ BDF - Gas System 1,315,650$ 1,329,641$ 1,057,870$ BDF - Debt Reserve 500,000$ 500,000$ 500,000$ DBF - Cell Development Reserve 1,000,000$ 1,000,000$ 1,000,000$ Total Reserves 8,932,729$ 8,541,955$ 8,648,965$ Total Reserves, Cash & Investments 11,232,386$ 14,206,012$ 11,750,695$ Notes: BDF = Board Designated Fund Page 125 of 208 BVSWMA, Inc. Fiscal Year Ending 2020 Operation Budget Page 126 of 208 Current Projected Results Results FYE2020 FYE2020 FYE2021 (April 30, 2020)Budget Operating Revenue 7 Landfill Volume - Tons City of College Station 39,220 67,234 65,000 City of Bryan 34,778 59,620 60,000 Third Party 166,417 285,287 275,000 240,415 412,140 400,000 FYE2021 Landfill Rates TCEQ Gate Fee Rate City of College Station 14.06$ 0.94$ 15.00$ City of Bryan 14.06$ 0.94$ 15.00$ Third Party 27.06$ 0.94$ 28.00$ Landfill Net Revenue City of College Station 913,900 City of Bryan 843,600 Third Party 7,441,500 Total Landfill Revenue 5,737,348 9,835,453 9,199,000 Compost Revenue 185,574 318,128 300,000 Other Operating Revenue 26,772 45,895 - Total Operating Revenue 5,949,695 10,199,476 9,499,000 Operating Expenses Other Expenses Debt Service Interest - City of College Station 59,325 113,850 104,050 Debt Service: Interest - City of Bryan 65,616 131,231 120,631 Bad Debt 0 0 600 Contingency 0 35,000 150,000 Community Support HHW 184,709 185,000 450,000 Community Support - Other 3,500 15,000 15,000 Total Other Expenses 313,150 480,081 840,281 Maintenance Expense Computer Software 8,422 12,000 17,000 Office Maint-Other 0 500 1,000 Office Maint-Equipment 0 500 1,000 Office Maint-Furniture 0 2,600 1,000 Office Maint-Computer 0 0 1,000 Maint.-Building 13,818 19,000 25,000 Maint.-Grounds 5,787 15,000 25,000 Maint.-Fence & Gates 82 2,000 2,000 V&E Maint-Machine/Tool 921 1,578 2,000 V&E Maint-Heavy Equipment 310,576 400,000 350,000 V&E Maint-Radios 10,232 17,541 11,800 V&E Maint-Phones 2,881 4,939 5,000 V&E Maint-Pages/Other 3,025 5,185 19,000 V&E Maint-Pumps/Motors 2,074 21,000 20,000 V&E Maint-Motor Vehicle 3,444 5,000 10,000 V&E Maint-Other 1,845 3,163 3,500 Wet Weather Access 67,761 165,000 200,000 Other Total 0 0 - Total Maintenance Expense 430,869 675,007 694,300 Closure, Post Closure & Pre Post Closure Closure Accrual - Twin Oaks 78,331 134,282 155,091 Post-Closure Accrual - Twin Oaks 100,292 171,929 155,091 Pre-Post Closure - Twin Oaks 46,241 79,270 80,243 Total Closure, PC, and Pre-PC 224,864 385,481 390,424 Purchased Services Advertise-Promotional 5,250 9,000 10,000 Insurance-Premium 39,335 67,431 78,000 Page 127 of 208 Other Serv-Other 1,820 3,119 5,000 Other Serv-Contract Labor 36,532 45,000 15,000 Other Serv-Security 0 0 - Printing-External 792 1,358 1,500 Printing-Signs & Banners 2,910 4,000 7,500 Prof Serv-Audit 13,520 27,145 27,500 Prof Serv-Engineering 63,347 108,595 150,000 Prof Serv-Legal 6,381 10,938 15,000 Prof Serv-Medical 0 0 1,000 Prof Serv-Spec Studies 0 35,000 35,000 Prof Serv-Other 88,889 145,000 150,000 Rentals-Equipment 17,676 55,000 55,000 Sundry-Credit Card Fees 28,530 55,000 55,000 Sundry-Freight 9,759 17,000 19,000 Sundry-Permits & Licenses 1,636 2,805 5,000 Sundry-Penalty & Interest 61 104 500 Sundry-Postage 732 1,255 2,500 Sundry-Bank Service Charge 71 122 - Tech Serv-Janitorial 18,442 35,000 33,000 Tech Serv-Pest Control 2,175 3,729 4,500 Tech. Svcs.-Inspect & Lic. Fees 6,170 10,578 7,500 Training-In-house Training 3,605 6,180 1,000 Training-Memberships 3,557 6,098 7,000 Training-Outside Training 1,161 1,990 15,000 Training-Subscriptions 783 1,342 1,500 Training-Travel & Lodging 31 100 7,000 Util Serv-Cable Services 1,984 3,401 4,000 Util Serv-Disposal Fees 22,370 36,000 40,000 Util Serv-Electric 24,509 42,016 45,000 Util Serv-Local Phone 892 1,529 3,500 Util Serv-Long Distance Phone 0 0 - Util Serv-Mobile Phone 5,252 9,003 10,000 Util Serv-Water 8,156 25,000 25,000 Total Purchased Services 416,328 769,838 836,500 Salaries & Benefits Administrative 279,344 478,875 493,000 Fulltime Labor 644,869 1,105,490 1,138,000 Overtime 223,481 383,111 380,000 Bonuses 28,870 37,000 40,000 FICA/Medicare & Unemployment 86,423 148,154 150,000 Retirement 163,223 279,810 285,000 Group Health Insurance 290,552 498,089 550,000 Group Life Insurance 4,301 7,373 7,500 Workers Compensation 28,705 55,000 60,000 Unemployment Compensation 0 0 - Education Reimbursement 0 0 - Group LT Disability & supplemental 24,155 41,409 42,000 Taxable Employee Benefits 0 7,000 7,800 Non-Taxable Employee Benefits 0 0 - Total Salaries & Benefits 1,773,923 3,041,310 3,153,300 Supplies Office Supplies - General 5,439 14,000 20,000 Office Supplies - Computer 0 0 1,000 Office Supplies - Educate 0 0 - Office Supplies-Minor Equipment 1,442 2,472 1,000 Office Supp.-Computer Hardware 7,261 12,448 10,000 Office Supp.-Computer Software 1,312 2,249 1,000 Office Supplies - Other 0 0 - Botanical 0 0 - V&E-Oil 19,514 33,453 40,000 V&E-Fuel 8,746 14,994 20,000 V&E-Diesel 205,461 450,000 475,000 V&E-Minor Tools 3,926 6,731 10,000 V&E-Other 1,749 3,500 3,000 Awards-Recognition 0 0 - Clothing-Accessory 0 0 - Clothing-Uniforms 8,480 12,000 14,000 Chemical-Janitorial 5,963 10,222 8,000 Chemical-Botanical 0 0 - Chemical-Pesticide 0 1,000 1,000 Chemical-Other 0 0 - Page 128 of 208 Crew-Safety 6,586 7,000 10,000 Misc Supply-Promo Mater 0 0 1,500 Misc Supply-Goodwill 1,102 1,889 2,500 Misc Supply-Food & Ice 6,023 10,000 12,000 Misc Supply-Other 8,905 15,266 16,000 Total Supplies 291,909 597,222 646,000 Total Operating Expenses before Amort & Dep 3,451,043 5,948,940 6,560,805 Net Operating Income (Loss) before Amort & Dep 2,498,652 4,250,537 2,938,195 Amortization & Depreciation Amortization Exp - LF 26,347 45,166 45,000 Depreciation Exp - LF 1,078,809 1,849,387 1,650,000 Depreciation Exp - Compost 40,522 69,466 100,000 Depreciation Exp - Training Facility 24,124 41,355 40,000 Total Amortization & Depreciation 1,169,801 1,964,019 1,835,000 Non-operating Revenue (Expenses) Interest Income/Other 243,605$ 270,000$ 20,000$ Non Operating Revenue 886$ 1,520$ 1,500$ Pipeline Relocation Cost (54,961)$ (94,219)$ (84,400)$ Gas System Build-out -$ (215,000)$ (222,728)$ Host Fees (143,130)$ (245,365)$ (239,894)$ Total Non-operating Revenue (Expense)46,400$ (283,064)$ (525,522)$ Page 129 of 208 BVSWMA, Inc. Near Term Capital and Reserves Projection Page 130 of 208 9 10 11 12 13 14 15 16 17 18 19 FYE 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 City of College Station 70,665 67,234 65,000 66,300 67,626 68,979 70,358 71,765 73,201 74,665 76,158 City of Bryan 60,983 59,620 60,000 61,200 62,424 63,672 64,946 66,245 67,570 68,921 70,300 Third Party 284,184 285,287 275,000 280,500 286,110 291,832 297,669 303,622 309,695 315,889 322,206 Total 415,832 412,140 400,000 408,000 416,160 424,483 432,973 441,632 450,465 459,474 468,664 City Net Rate 16.56$ 16.56$ 14.06$ 14.06$ 14.06$ 14.06$ 14.06$ 14.06$ 14.06$ 14.06$ 14.06$ 3rd Party Net Rate 27.06$ 27.06$ 27.06$ 27.06$ 27.06$ 27.06$ 27.06$ 27.06$ 27.06$ 27.06$ 27.06$ Capacity remaining 89%88%87%85%84%82%81%79%77%76%74% Starting Capacity (Tons)25,249,692 24,833,860 24,421,720 24,021,720 23,613,720 23,197,560 22,773,077 22,340,104 21,898,471 21,448,007 20,988,532 Accepted (Tons)415,832 412,140 400,000 408,000 416,160 424,483 432,973 441,632 450,465 459,474 468,664 Ending capacity (Tons)24,833,860 24,421,720 24,021,720 23,613,720 23,197,560 22,773,077 22,340,104 21,898,471 21,448,007 20,988,532 20,519,869 Landfill Revenue 9,835,453 9,199,000 9,382,980 9,570,640 9,762,052 9,957,293 10,156,439 10,359,568 10,566,759 10,778,095 Compost Revenue 318,128 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 Other Operating Revenue 45,895 Total Operating Revenue 10,153,581 9,499,000 9,682,980 9,870,640 10,062,052 10,257,293 10,456,439 10,659,568 10,866,759 11,078,095 Operating Expenses Other Expenses Debt Service Interest - City of College Station 113,850 104,050 93,300 81,550 69,050 55,675 41,550 26,675 14,400 4,875 Debt Service: Interest - City of Bryan 131,231 120,631 109,631 98,231 86,431 74,031 60,831 47,013 32,138 16,625 Bad Debt 0 600 600 600 600 600 600 600 600 600 Contingency 35,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 Community Support HHW 185,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000 Community Support - Other 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 Total Other Expenses 480,081 840,281 818,531 795,381 771,081 745,306 717,981 689,288 662,138 637,100 Maintenance Expense Computer Software 12,000 17,000 17,340 17,687 18,041 18,401 18,769 19,145 19,528 19,918 Office Maint-Other 500 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Office Maint-Equipment 500 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Office Maint-Furniture 2,600 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Office Maint-Computer 0 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Maint.-Building 19,000 25,000 25,500 26,010 26,530 27,061 27,602 28,154 28,717 29,291 Maint.-Grounds 15,000 25,000 25,500 26,010 26,530 27,061 27,602 28,154 28,717 29,291 Maint.-Fence & Gates 2,000 2,000 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 V&E Maint-Machine/Tool 1,578 2,000 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 V&E Maint-Heavy Equipment 400,000 350,000 357,000 364,140 371,423 378,851 386,428 394,157 402,040 410,081 V&E Maint-Radios 17,541 11,800 12,036 12,277 12,522 12,773 13,028 13,289 13,554 13,826 V&E Maint-Phones 4,939 5,000 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 V&E Maint-Pages/Other 5,185 19,000 19,380 19,768 20,163 20,566 20,978 21,397 21,825 22,262 V&E Maint-Pumps/Motors 21,000 20,000 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 V&E Maint-Motor Vehicle 5,000 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 V&E Maint-Other 3,163 3,500 3,570 3,641 3,714 3,789 3,864 3,942 4,020 4,101 Wet Weather Access 165,000 200,000 204,000 208,080 212,242 216,486 220,816 225,232 229,737 234,332 Other Total 0 0 0 0 0 0 0 0 0 0 Total Maintenance Expense 675,007 694,300 708,186 722,350 736,797 751,533 766,563 781,895 797,532 813,483 Closure, Post Closure & Pre Post Closure Page 131 of 208 Closure Accrual - Twin Oaks 134,282 155,091 158,192 161,356 164,583 167,875 171,232 174,657 178,150 181,713 Post-Closure Accrual - Twin Oaks 171,929 155,091 158,192 161,356 164,583 167,875 171,232 174,657 178,150 181,713 Pre-Post Closure - Twin Oaks 79,270 80,243 81,848 83,485 85,155 86,858 88,595 90,367 92,174 94,018 Total Closure, PC, and Pre-PC 385,481 390,424 398,233 406,197 414,321 422,608 431,060 439,681 448,475 457,444 Purchased Services Advertise-Promotional 9,000 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 Insurance-Premium 67,431 78,000 79,560 81,151 82,774 84,430 86,118 87,841 89,597 91,389 Other Serv-Other 3,119 5,000 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 Other Serv-Contract Labor 45,000 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 Other Serv-Security - - - - - - - - - - Printing-External 1,358 1,500 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 Printing-Signs & Banners 4,000 7,500 7,650 7,803 7,959 8,118 8,281 8,446 8,615 8,787 Prof Serv-Audit 27,145 27,500 28,050 28,611 29,183 29,767 30,362 30,969 31,589 32,221 Prof Serv-Engineering 108,595 150,000 153,000 156,060 159,181 162,365 165,612 168,924 172,303 175,749 Prof Serv-Legal 10,938 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 Prof Serv-Medical - 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Prof Serv-Spec Studies 35,000 35,000 35,700 36,414 37,142 37,885 38,643 39,416 40,204 41,008 Prof Serv-Other 145,000 150,000 153,000 156,060 159,181 162,365 165,612 168,924 172,303 175,749 Rentals-Equipment 55,000 55,000 56,100 57,222 58,366 59,534 60,724 61,939 63,178 64,441 Sundry-Credit Card Fees 55,000 55,000 56,100 57,222 58,366 59,534 60,724 61,939 63,178 64,441 Sundry-Freight 17,000 19,000 19,380 19,768 20,163 20,566 20,978 21,397 21,825 22,262 Sundry-Permits & Licenses 2,805 5,000 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 Sundry-Penalty & Interest 104 500 510 520 531 541 552 563 574 586 Sundry-Postage 1,255 2,500 2,550 2,601 2,653 2,706 2,760 2,815 2,872 2,929 Sundry-Bank Service Fees 122 - Tech Serv-Janitorial 35,000 33,000 33,660 34,333 35,020 35,720 36,435 37,163 37,907 38,665 Tech Serv-Pest Control 3,729 4,500 4,590 4,682 4,775 4,871 4,968 5,068 5,169 5,272 Tech. Svcs.-Inspect & Lic. Fees 10,578 7,500 7,650 7,803 7,959 8,118 8,281 8,446 8,615 8,787 Training-In-house Training 6,180 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Training-Memberships 6,098 7,000 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 Training-Outside Training 1,990 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 Training-Subscriptions 1,342 1,500 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 Training-Travel & Lodging 100 7,000 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 Util Serv-Cable Services 3,401 4,000 4,080 4,162 4,245 4,330 4,416 4,505 4,595 4,687 Util Serv-Disposal Fees 36,000 40,000 40,800 41,616 42,448 43,297 44,163 45,046 45,947 46,866 Util Serv-Electric 42,016 45,000 45,900 46,818 47,754 48,709 49,684 50,677 51,691 52,725 Util Serv-Local Phone 1,529 3,500 3,570 3,641 3,714 3,789 3,864 3,942 4,020 4,101 Util Serv-Long Distance Phone - - - - - - - - - - Util Serv-Mobile Phone 9,003 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 Util Serv-Water 25,000 25,000 25,500 26,010 26,530 27,061 27,602 28,154 28,717 29,291 Total Purchased Services 769,838 836,500 853,230 870,295 887,700 905,455 923,564 942,035 960,876 980,093 Salaries & Benefits Administrative 478,875 493,000 507,790 523,024 538,714 554,876 571,522 588,668 606,328 624,518 Fulltime Labor 1,105,490 1,138,000 1,172,140 1,207,304 1,243,523 1,280,829 1,319,254 1,358,832 1,399,596 1,441,584 Overtime 383,111 380,000 391,400 403,142 415,236 427,693 440,524 453,740 467,352 481,373 Bonuses 37,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 FICA/Medicare & Unemployment 148,154 150,000 153,000 156,060 159,181 162,365 165,612 168,924 172,303 175,749 Retirement 279,810 285,000 290,700 296,514 302,444 308,493 314,663 320,956 327,375 333,923 Group Health Insurance 498,089 550,000 561,000 572,220 583,664 595,338 607,244 619,389 631,777 644,413 Group Life Insurance 7,373 7,500 7,650 7,803 7,959 8,118 8,281 8,446 8,615 8,787 Workers Compensation 55,000 60,000 61,200 62,424 63,672 64,946 66,245 67,570 68,921 70,300 Unemployment Compensation 0 0 0 0 0 0 0 0 0 0 Education Reimbursement 0 0 0 0 0 0 0 0 0 0 Group LT Disability 41,409 42,000 42,840 43,697 44,571 45,462 46,371 47,299 48,245 49,210 Taxable Employee Benefits 7,000 7,800 7,956 8,115 8,277 8,443 8,612 8,784 8,960 9,139 Non-Taxable Employee Benefits 0 0 Total Salaries & Benefits 3,041,310 3,153,300 3,235,676 3,320,303 3,407,244 3,496,563 3,588,328 3,682,608 3,779,473 3,878,995 Page 132 of 208 Supplies Office Supplies - General 14,000 20,000 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 Office Supplies - Computer 0 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Office Supplies - Educate 0 0 0 0 0 0 0 0 0 0 Office Supplies-Minor Equipment 2,472 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Office Supp.-Computer Hardware 12,448 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 Office Supp.-Computer Software 2,249 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Office Supplies - Other 0 0 0 0 0 0 0 0 0 0 Botanical 0 0 0 0 0 0 0 0 0 0 V&E-Oil 33,453 40,000 40,800 41,616 42,448 43,297 44,163 45,046 45,947 46,866 V&E-Fuel 14,994 20,000 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 V&E-Diesel 450,000 475,000 484,500 494,190 504,074 514,155 524,438 534,927 545,626 556,538 V&E-Minor Tools 6,731 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 V&E-Other 3,500 3,000 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 Awards-Recognition 0 0 0 0 0 0 0 0 0 0 Clothing-Accessory 0 0 0 0 0 0 0 0 0 0 Clothing-Uniforms 12,000 14,000 14,280 14,566 14,857 15,154 15,457 15,766 16,082 16,403 Chemical-Janitorial 10,222 8,000 8,160 8,323 8,490 8,659 8,833 9,009 9,189 9,373 Chemical-Botanical 0 0 0 0 0 0 0 0 0 0 Chemical-Pesticide 1,000 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 Chemical-Other 0 0 0 0 0 0 0 0 0 0 Crew-Safety 7,000 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 Misc Supply-Promo Mater 0 1,500 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 Misc Supply-Goodwill 1,889 2,500 2,550 2,601 2,653 2,706 2,760 2,815 2,872 2,929 Misc Supply-Food & Ice 10,000 12,000 12,240 12,485 12,734 12,989 13,249 13,514 13,784 14,060 Misc Supply-Other 15,266 16,000 16,320 16,646 16,979 17,319 17,665 18,019 18,379 18,747 Misc Supply-Survey 0 0 0 0 0 0 0 0 0 0 Total Supplies 597,222 646,000 658,920 672,098 685,540 699,251 713,236 727,501 742,051 756,892 Total Operating Expenses before Amort & Dep 5,948,940 6,560,805 6,672,776 6,786,624 6,902,684 7,020,715 7,140,733 7,263,007 7,390,544 7,524,007 Net Operating Income (Loss) before Amort & Dep 4,204,641 2,938,195 3,010,204 3,084,016 3,159,369 3,236,578 3,315,707 3,396,561 3,476,216 3,554,088 Non-operating Revenue (Expenses) Interest Income 270,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 Non Operating Revenue 1,520 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Pipeline Relocation Cost -94,219 -84,400 (86,088) (87,810) (89,566) (91,357) (93,184) (95,048) (96,949) (98,888) Gas System Build-out -215,000 -222,728 (227,183) (231,726) (236,361) (241,088) (245,910) (250,828) (255,844) (260,961) Host Fees -245,365 -239,894 (244,800) (249,696) (254,690) (259,784) (264,979) (270,279) (275,685) (281,198) Total Non-operating Revenue (Expense)(283,064) (525,522) (536,571) (547,732) (559,117) (570,729) (582,574) (594,655) (606,978) (619,548) Cash from Operations 3,921,577 2,412,673 2,473,634 2,536,284 2,600,252 2,665,849 2,733,133 2,801,906 2,869,238 2,934,540 Twin Oaks Closure/Post Closure Reserve Starting 2,083,438$ 2,403,033$ 2,713,214$ 3,029,599$ 3,352,311$ 3,681,478$ 4,017,228$ 4,359,693$ 4,709,007$ 5,065,308$ Additional Closure 159,798$ 155,091$ 158,192$ 161,356$ 164,583$ 167,875$ 171,232$ 174,657$ 178,150$ 181,713$ Additional PC 159,798$ 155,091$ 158,192$ 161,356$ 164,583$ 167,875$ 171,232$ 174,657$ 178,150$ 181,713$ Spent -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Ending 2,083,438$ 2,403,033$ 2,713,214$ 3,029,599$ 3,352,311$ 3,681,478$ 4,017,228$ 4,359,693$ 4,709,007$ 5,065,308$ 5,428,734$ 30-Sep-19 Rock Prairie Road Closure & Post Closure Reserve 25 24 23 22 21 20 19 18 17 16 Starting 2,453,223$ 2,355,094$ 2,256,965$ 2,158,836$ 2,060,708$ 1,962,579$ 1,864,450$ 1,766,321$ 1,668,192$ 1,570,063$ Additional -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Spent (98,129)$ (98,129)$ (98,129)$ (98,129)$ (98,129)$ (98,129)$ (98,129)$ (98,129)$ (98,129)$ (98,129)$ Ending 2,453,223$ 2,355,094$ 2,256,965$ 2,158,836$ 2,060,708$ 1,962,579$ 1,864,450$ 1,766,321$ 1,668,192$ 1,570,063$ 1,471,934$ 30-Sep-19 Pre-Post closure allocation Page 133 of 208 Starting 353,406$ 436,084$ 516,327$ 598,175$ 681,660$ 766,815$ 853,672$ 942,267$ 1,032,634$ 1,124,808$ Additional 82,679$ 80,243$ 81,848$ 83,485$ 85,155$ 86,858$ 88,595$ 90,367$ 92,174$ 94,018$ Spent -$ -$ -$ -$ -$ -$ -$ -$ -$ (750,000)$ Ending 353,406$ 436,084$ 516,327$ 598,175$ 681,660$ 766,815$ 853,672$ 942,267$ 1,032,634$ 1,124,808$ 468,825$ 30-Sep-19 Pipeline Relocation Allocation Starting 428,991$ 518,102$ 604,588$ 692,805$ 782,785$ 874,565$ 968,181$ 1,063,669$ 1,161,067$ 1,260,413$ Additional 89,111$ 86,486$ 88,216$ 89,981$ 91,780$ 93,616$ 95,488$ 97,398$ 99,346$ 101,333$ Spent -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Ending 428,991$ 518,102$ 604,588$ 692,805$ 782,785$ 874,565$ 968,181$ 1,063,669$ 1,161,067$ 1,260,413$ 1,361,746$ 30-Sep-19 Gas System Build Out Starting 1,094,486$ 1,329,641$ 1,057,870$ 790,662$ 1,028,111$ 1,270,309$ 1,517,350$ 1,769,333$ 2,026,355$ 2,288,517$ Additional 235,155$ 228,228$ 232,793$ 237,449$ 242,198$ 247,042$ 251,982$ 257,022$ 262,162$ 267,406$ Spent -$ (500,000)$ (500,000)$ -$ -$ -$ -$ -$ -$ -$ Ending 1,094,486$ 1,329,641$ 1,057,870$ 790,662$ 1,028,111$ 1,270,309$ 1,517,350$ 1,769,333$ 2,026,355$ 2,288,517$ 2,555,923$ 30-Sep-19 Working Capital Needs 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Equipment Replacement 2019 Light plant 2019 Utility Vehicle 2019 850J Dozer 2019 Compactor 2020 Backhoe/Loader 2020 Roll-off 2020 Motorgrader 2020 470 Excavator 2020 Dump Truck 2020 D8 Dozer 2020 Water Truck (98,000)$ 2020 Utility Vehicle (22,000)$ 2020 Crew Pick Up 2020 Tahoe replacement 2020 Admin replacement 2020 compost utility vehicle replacement (22,000)$ 2020 Paradigm Software Update (65,000)$ 2020 6" pump replacement (25,000)$ 2021 Compactor (1,100,000)$ 2021 Dump Truck (510,000)$ 2021 320 Excavator (320,000)$ 2021 Grinder replacement (750,000)$ 2021 Utility Vehicle (20,000)$ 2021 Pickup/vehicle (40,000)$ 2021 GPS Replacement (300,000)$ 2022 Wheel Loader (175,000)$ 2022 850 Dozer (360,000)$ 2022 Mower (18,000)$ 2022 Utility Vehicle (20,000)$ 2022 Steam Cleaner (15,000)$ 2022 Dump Truck (510,000)$ 2022 Crew Pickup (40,000)$ 2023 Fuel Service Truck (125,000)$ 2023 Office Vehicle (40,000)$ 2023 850 dozer (360,000)$ 2023 Broom (50,000)$ 2023 Compactor (1,100,000)$ 2024 Mechanic Service Truck (100,000)$ Page 134 of 208 July 9, 2020 Item No. 4.2. Changing the zoning district boundaries from R Rural to PDD Planned Development District on approximately 7 acres of land generally located at 14565 and 14575 FM 2154 Sponsor:Jade Broadnax Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, "Zoning Districts," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to PDD Planned Development District on approximately 7 acres of land generally located at 14565 and 14575 FM 2154. Relationship to Strategic Goals: • Neighborhood Integrity • Diverse & Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item on March 5, 2020 and voted (7-0) to recommend approval of the zoning and associated concept plan. Staff recommends approval. Summary: This request is to rezone approximately 7 acres located at 14565 and 14575 FM 2154 from R Rural to PDD Planned Development District with a base zoning district of WC Wellborn Commercial. The Concept Plan shows four commercial buildings, a detention pond, and a parking area. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is located within the Wellborn Community Plan area, with a Future Land Use and Character designation of Wellborn Commercial. The proposed PDD Planned Development District uses a base zoning district of WC Wellborn Commercial which would allow for the development of low-density commercial uses that provide services to nearby neighborhoods. The subject property and surrounding area are identified in the Comprehensive Plan as part of the Wellborn Community Plan, which seeks to preserve the rural character and sustain the uniqueness and history of the area. Currently, the Comprehensive Plan has established many contiguous properties adjacent to FM 2154 between Barron Cut-off Road and Victoria Avenue as Wellborn Commercial. The Wellborn Commercial zoning district encourages compatible growth by providing the option for a mix of appropriate commercial uses needed to support the residents in the area. This zoning request is consistent with the Wellborn Community Plan, which was adopted as part of the City’s Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Page 135 of 208 The adjacent existing land uses to the north, east, and west are large lot single-family and unimproved rural tracts varying in size from two to ten acres. Of the surrounding properties, most all are designated for single-family development on the Future Land Use and Character Map. Existing uses such as Wellborn Baptist Church, America’s Country Store, and Aggieland Grass and Stone, located directly south of the subject area, are commercial entities that existed prior to annexation in 2011 and are anticipated to continue operating as such in the future. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The applicant is proposing to rezone two tracts, totaling approximately 7 acres, which will have direct frontage along FM 2154. The tracts have a combined frontage of over 400 feet to FM 2154 and is substantial for the development of a light commercial use, as intended by the zoning district. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The property associated with the rezoning is within the City of College Station’s sanitary sewer certificated service area which has existing utility infrastructure available to serve this site. The subject property is within the Peach Creek drainage basin and is not encroached by a Special Flood Hazard Area (SFHA) per FEMA’s FIRM Panel 0325E. Drainage improvements and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property has frontage on Wellborn Road (FM 2154) which is designated as a future 4- lane Minor Arterial on the Thoroughfare Plan. This portion of Wellborn Road is currently constructed as a 2-lane rural highway that has either paved shoulders or 2-way center turn lane. Funding for the Texas Department of Transportation (TxDOT) to widen the roadway and add bicycle and pedestrian facilities has been programmed by the Bryan/College Station Metropolitan Planning Organization (MPO) and is anticipated to begin within the next 5 years. City Council recently awarded a consultant contract to perform the schematic design for the widening project. A traffic impact analysis (TIA) was performed for the proposed rezoning request. The four existing intersections that were studied currently have a level of service (LOS) F in the AM peak hour with some being LOS F in the PM peak hour. The City’s upcoming capital improvement project to realign Capstone Drive to Barron Road and install a traffic signal will improve that new intersection into an acceptable LOS (C in AM, B in PM). The Unified Development Ordinance (UDO) states that a development’s traffic must exceed at least 5% of the traffic volume of the intersection in order for mitigation to be required when LOS falls below a LOS D. The estimated traffic from the development of the site falls below the 5% threshold at all intersection so no mitigation is required for them. For the site driveway, a southbound left-turn lane on Wellborn Road will be required if the site develops in advance of the Wellborn Road widening project and a right-turn deceleration lane may be required depending upon the traffic generated from the site when it develops. 5. The marketability of the property: Page 136 of 208 The property can be marketed under the current zoning of R Rural which allows for large-lot residential uses. However, the marketability of the property would increase if rezoned for a commercial use. 6. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. General: The stated purpose and intent of the requested PDD is to provide the needed commercial uses to support the increase in large single-family developments in the area while staying within the sanitary sewer system capacity. The Concept Plan proposes a commercial development with the buildings proposed ranging in height from 10 to 35 feet. Modifications Requested: WC Wellborn Commercial is proposed as the base zoning district with a modification to allow additional uses including education facility, wholesales, warehousing/distribution, and self-storage. The developer has also proposed to exclude commercial Page 137 of 208 daycares and restaurants as a permitted use. Community Benefits: The applicant offers the following as community benefits: • 20-foot landscaped buffer on 3 sides, which is otherwise not required, with the following standards: -A minimum of one (1) 1.25” caliper non-canopy tree per fifteen (15) linear feet of landscape buffer. A substitution of a minimum one (1) five gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscape buffer for the non-canopy tree requirement may be used. - A minimum of one (1) two-inch caliper canopy tree per fifty (50) linear feet of landscape buffer. -A minimum 6-foot high wooden screening fence for the entire buffer yard • The building material requirements of WC Wellborn Commercial will be provided for any building façade that faces Wellborn Road and is within 250 feet of Wellborn Road. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Aerial and Small Area Maps 4.Rezoning Exhibit 5.Applicant Supporting Information 6.Concept Plan Page 138 of 208 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO PDD PLANNED DEVELOPMENT DISTRICT ON APPROXIMATELY 7 ACRES OF LAND GENERALLY LOCATED AT 14565 AND 14575 FM 2154 AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”, and Exhibit “D” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 139 of 208 ORDINANCE NO. ____________Page 2 of 6 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 140 of 208 ORDINANCE NO. ____________Page 3 of 6 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to PDD Planned Development District with a base zoning of WC Wellborn Commercial: Page 141 of 208 ORDINANCE NO. ____________Page 4 of 6 Ordinance Form 08-27-19 Exhibit B General: The stated purpose and intent of the requested PDD is to provide the needed commercial uses to support the increase in large single-family developments in the area while staying within the sanitary sewer system capacity. The Concept Plan proposes a commercial development with the buildings proposed ranging in height from 10 to 35 feet. Modifications Requested: WC Wellborn Commercial is proposed as the base zoning district with a modification to allow additional uses including education facility, wholesales, warehousing/distribution, and self-storage. The developer has also proposed to exclude commercial daycares and restaurants as a permitted use. Community Benefits: The applicant offers the following as community benefits:  20-foot landscaped buffer on 3 sides, which is otherwise not required, with the following standards: o A minimum of one (1) 1.25” caliper non-canopy tree per fifteen (15) linear feet of landscape buffer. A substitution of a minimum one (1) five gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscape buffer for the non-canopy tree requirement may be used. o A minimum of one (1) two-inch caliper canopy tree per fifty (50) linear feet of landscape buffer. o A minimum 6-foot high wooden screening fence for the entire buffer yard The building material requirements of WC Wellborn Commercial will be provided for any building façade that faces Wellborn Road and is within 250 feet of Wellborn Road. Page 142 of 208 ORDINANCE NO. ____________Page 5 of 6 Ordinance Form 08-27-19 Exhibit C Page 143 of 208 ORDINANCE NO. ____________Page 6 of 6 Ordinance Form 08-27-19 Exhibit D Page 144 of 208 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: March 5, 2020 Advertised Council Hearing Date: July 9, 2020 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 5 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Wellborn Estate R Rural Agricultural South Wellborn Estate R Rural Wellborn Baptist Church East Wellborn Estate R Rural Wellborn Baptist Church West FM 2154 (4 Lane Major Arterial)N/A FM 2154 (4 Lane Major Arterial) DEVELOPMENT HISTORY Annexation: 2011 (14565 FM 2154) 2019 (14575 FM 2154) Zoning: R Rural upon annexation Final Plat: Unplatted Site development: Undeveloped Page 145 of 208 Page 146 of 208 Page 147 of 208 Page 148 of 208 WELLBORN ROADFM 2154EXISTING ZONING: RURAL (R) PROPOSED ZONING: PLANNED DEVELOPMENT DISTRICT (PDD) 7.377 AC. VICINITY MAP NOT TO SCALE WELLBORN ROADBUTTE DRIVE BARRON CUT-OFF ROADMCCULL O UG H RO A D ZONING MAP WHITT TRACTS 7.377 ACRES ANDREW McMAHON SURVEY, A-167 COLLEGE STATION, BRAZOS COUNTY, TEXAS TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER:OWNER: David Whitt 1 Hickory Hills Drive Texarkana, Texas 75503 (903) 824-1318 SCALE: 1"=60' JANUARY 2020 SURVEYOR: Brad Kerr, RPLS # 4502 Firm # 10018500 Kerr Surveying, LLC 409 N. Texas Avenue Bryan, Texas 77803 (979) 268-3195 Page 149 of 208 Rezoning Supporting Information 1. List the changed or changing conditions in the area or in the city which make this zone change necessary Since the last amendments to the Comprehensive Plan in the Wellborn Area there has been an economic boom led by the dramatic increase in single family homes. The expansion of large developments such as Castlegate, Saddle Creek, Winding Creek and Creek Meadows, has transformed the Wellborn area from a community of 1-acre estate lots to dense neighborhoods full of young families. These families need easy access to so additional Commercial development along Wellborn Road would help satisfy the needs of these growing communities. 2. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is Incorrect This zone change is in accordance with the Comprehensive Plan. 3. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood. Current existing uses near the subject property are Wellborn Baptist Church, Aggieland Grass and Stone, The Home Center (Home Improvement Store) and America’s Country Store. None of these uses would be harmed by a change to Wellborn Commercial zoning for the property, and most would likely benefit from it. The closest home to any point on the property line is over 400’ away leaving a substantial buffer between any new business and any current resident. In the general area to the north of the property along Wellborn Road there are numerous businesses including Prosperity Bank, several convenience stores, Chicken Express, Dollar General, Mini Storage Facilities, and the new HEB at Jones Crossing. The property would be compatible with all of these uses. The property would greatly benefit the development pattern of the city as a whole because it relieves major developments such as Jones Crossing, Tower Point, and Caprock Crossing of traffic, and simultaneously adds convenience to local residents who travel Wellborn Road. 4. Explain the suitability of the property for uses permitted by the rezoning district requested. With the economic boom in the area and the increase in single family homes, there is a need for the supporting commercial uses proposed with this rezoning request. This zoning request allows for commercial development of the property that does not exceed the allowable sewer demand. 5. Explain the suitability of the property for uses permitted by the current zoning district. The current uses permitted would be 2 single family residential lots which is not appropriate for a development along a major thoroughfare like Wellborn Road. The single family residential developments in the Wellborn area have increased, it has decreased the need for small tracts like this to be single family. Page 150 of 208 6. Explain the marketability of the property for uses permitted by the current zoning district. The property has very little marketability for large lot residential use on a major thoroughfare. The market has shown large lot residential use is better suited for a rural acreage subdivision similar to Saddle Creek and Winding Creek currently developed in this area. 7. List any other reasons to support this zone change. The zoning change will provide the needed commercial uses to support the increase in large single-family developments in the area and stays within the sanitary sewer system capacity. 8. Specific Change Reason Change the zoning to Planned Development District with the uses presented on the Concept Plan with Wellborn Commercial as the base zoning. Due to the lack of sewer capacity, the uses on this property have to be restricted so a PDD is proposed to restrict the uses such that the Water and Sewer Department will support this zoning change. These modifications are due to the lack of sewer capacity, not a desire of the developer. The community benefit is commercial uses can be developed on this tract that are convenient for the nearby residential developments. Concept Plan Supporting Information 1. What is the Range of future building heights? 10 to 35’ 2. Provide a general statement regarding the proposed drainage. The storm water runoff from this property drains, into the Wellborn Road right of way. Storm water detention will be provided when the property develops to meet the requirements of the UDO and TxDOT 3. List the general bulk or dimensional variations sought. No dimensional variations are sought, just the uses presented on the Concept Plan that are in addition to the allowed uses in Wellborn Commercial. A proposed buffer is being proposed as a community benefit, as the adjacent uses would not require a buffer for the commercial zoned uses. The developer also proposes to provide building material requirements for Wellborn Commercial for some of the building facades that face Wellborn Road to provide the intended look for the Wellborn Area Businesses. 4. If variations are sought, please provide a list of community benefits and/or innovative design concepts to justify the request. The community benefits are to provide low density commercial uses that are compatible with the Wellborn community and nearby residents to provide services Page 151 of 208 that are not currently available in this area. These commercial uses do not exceed the existing sewer capacity available in the existing sewer system. A proposed buffer is being proposed as a community benefit, as the adjacent uses would not require a buffer for the commercial zoned uses. The developer also proposes to provide building material requirements for Wellborn Commercial for some of the building facades that face Wellborn Road to provide the intended look for the Wellborn Area Businesses. 5. Explain how the concept plan proposal will constitute and environment of sustained stability and will be in harmony with the character of the surrounding area. The proposed zoning will allow for commercial uses of such a scale that they are in harmony with the existing commercial uses located along Wellborn Road in the Wellborn Community. A proposed buffer is being proposed as a community benefit, as the adjacent uses would not require a buffer for the commercial zoned uses. The developer also proposes to provide building material requirements for Wellborn Commercial for some of the building facades that face Wellborn Road to provide the intended look for the Wellborn Area Businesses. 6. Explain how the proposal is in conformity with the policies, goals, and objectives of the Comprehensive plan. The zoning change will help fulfill the goal of the Wellborn Community Plan to establish a community of rural character positioned for contextually appropriate growth that embodies and sustains the uniqueness and history of the area. It will also provide needed commercial development adjacent to the Wellborn Road Thoroughfare. 7. Explain how the concept plan proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development. The plan is anticipated to offer a variety of commercial land uses compatible with the larger Wellborn Community. A proposed buffer is being proposed as a community benefit, as the adjacent uses would not require a buffer for the commercial zoned uses. The developer also proposes to provide building material requirements for Wellborn Commercial for some of the building facades that face Wellborn Road to provide the intended look for the Wellborn Area Businesses. 8. State how dwelling units shall have access to a public street if they do not front on a public street. No dwelling unit are proposed, just commercial uses. 9. State how the development has provided adequate public improvements, including, but not limited to: parks, schools, and other public facilities. No public facilities are proposed for this development. 10. Explain how the concept plan proposal will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. Page 152 of 208 The additional uses are being requested because they are low impact uses that will complement the surrounding residents of the Wellborn area. The proposed uses can be developed in accordance with the City requirements will not be detrimental to the public health, safety, welfare or be mentally injurious to or improvements in the vicinity. This plan is intended to provide for low-density commercial uses that provide services to nearby neighborhoods. Such uses shall be limited in size and not accommodate drive-thru services. Specific design elements should be incorporated into such developments to limit the visual impact on the community and enhance the defined character. 11. Explain how the concept plan proposal will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable anticipated in the area considering existing zoning and land uses in the area. A Traffic Impact Analysis was prepared and it addresses the traffic impacts anticipated for this development. The recommendations in this analysis address the vehicular safety and convenience aspects for this development. Wellborn Road is a rural highway section so there are no existing pedestrian or bicycle facilities Page 153 of 208 WELLBORN ROADFM 2154CONCEPT PLAN WHITT TRACTS 7.377 ACRES ANDREW McMAHON SURVEY, A-167 COLLEGE STATION, BRAZOS COUNTY, TEXAS TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER:OWNER: David Whitt 1 Hickory Hills Drive Texarkana, Texas 75503 (903) 824-1318 SCALE: 1"=60' JANUARY 2020 VICINITY MAP NOT TO SCALE WELLBORN ROADBUTTE DRIVE BARRON CUT-OFF ROADMCCULL O UG H RO A D · ·· ·· · ·· ·· ·· ·· ··· · · ·· ·· · SURVEYOR: Brad Kerr, RPLS # 4502 Firm # 10018500 Kerr Surveying, LLC 409 N. Texas Avenue Bryan, Texas 77803 (979) 268-3195 ROW DEDICATION Page 154 of 208 July 9, 2020 Item No. 4.3. Proposed 2020-2024 Consolidated Plan, FY 2021 Annual Action Plan, and FY 2021 Community Development Budget Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a presentation of the proposed 2020-2024 Consolidated Plan, FY 2021 (PY 2020) Annual Action Plan, and FY 2021 Community Development Budget. Relationship to Strategic Goals: Financial Sustainability, Core Services & Infrastructure, Neighborhood Integrity Recommendation(s): Review the proposed 2020-2024 Consolidated Plan and FY 2021 (PY 2020) Annual Action Plan and Community Development budget and provide any feedback and/or direction as desired. Summary: Community development programming for the City of College Station is currently directed by the 2015-2020 Consolidated Plan, which will expire on September 30, 2020. The U. S. Department of Housing and Urban Development requires each grantee develop a Consolidated Plan that includes a community needs assessment, housing market analysis, housing conditions analysis, and specific goals and objectives to establish a unified vision for actions that will be carried out for the next five years. Staff will present a summary of the proposed Consolidated Plan for 2020-2024 and request input and direction from Council. In addition, each year the City is required to submit to a one-year Annual Action Plan describing projects, activities and budget to be funded with the community development grants received. Annual Action Plan activities must correspond to the 5-Year Consolidated Plan. The total grant funds available next year include $1,672,182 in Community Development Block Grant (CDBG) funds and $667,512 in HOME Investment Partnership Program Grant (HOME) funds. CDBG and HOME funds may only be used to: (1) benefit low- and moderate-income persons; (2) aid in the elimination of slum and blighting influences; and/or (3) meet an urgent community need. Further, CDBG funds may be used to meet local needs through a wide range of community development activities, while HOME funds may only be used for affordable housing activities. The Consolidated Plan, Annual Action Plan, and budget must be delivered to HUD no later than August 16, 2020. Therefore, this information is presented prior to Council's consideration of the overall City budget. Adoption of the Plan by resolution also establishes a Community Development Program as defined by the Texas Local Government Code and provides authority for the City Manager to sign all required applications, certifications, evaluations, and other forms required by U. S. Department of Housing and Urban Development for all Community Planning and Development Grant Programs for the Program Year 2020 on behalf of the City of College Station. Page 155 of 208 Staff will return to Council at the August 13th meeting to make available the final drafts of the plans and budget and to request adoption. Historically, the City has utilized these funds for a variety of programs and activities, including: affordable housing assistance programs (homebuyer assistance, security deposit assistance, rehabilitation, new construction, and minor repair); funding for direct services to low-income families through non-profit programs; demolition; economic development, infrastructure improvements to parks, streets, grant administration, and public facilities in areas within the city that are primarily low- to-moderate-income areas of the city. Staff will be prepared to answer questions regarding the proposed plans and/or budget. Budget & Financial Summary: See attached financial summaries for the proposed FY 2021 (PY 2020) budget for CDBG and HOME funds. Reviewed & Approved by Legal: No Attachments: 1.Attachment 1 - FY 2021 Proposed Community Development Budget 2.Attachment 2 - FY 2021 Plan Development Process Summary 3.Attachment 3 - FY 2021 CDBG Public Service Funding 4.Attachment 4 - 2020-2024 Community Development Goals 5.Attachment 5 - 2020 Income Limits 6.Attachment 6 - Map of LMI Income Areas 2019 7.Attachment 7 - Community Development Project Descriptions Page 156 of 208 Attachment 1: FY 2021 Proposed Community Development Budget PROJECT CDBG & HOME CARRY-OVER CDBG & HOME NEW ALLOCATIONS CDBG & HOME TOTAL PROPOSED Owner-Occupied Rehabilitation $43,322 $31,678 $75,000 Rehabilitation Administration $0 $45,000 $45,000 Demolition $10,000 $0 $10,000 Acquisition $111,126 $159,284 $270,410 Homebuyer Assistance $28,133 $319,874 $6,805**$354,812 CHDO $70,993 $76,044 $147,037 Tenant Based Rental Assistance – Deposits $8,200 $35,000 $43,200 Public Service Agency (See Attachment 3) $267,967 $592,850 $860,817 Public Facility $0 $0 $0 Economic Development $54,069 $119,746 $173,815 Grant Administration $46,418 $313,185 $359,603 Recaptured Funds/ Program Income CDBG HOME $0 $6,805** Total Community Development Budget $2,339,694 *Carry-over funds represent 4th quarter payments for FY 2020 - Partial CARES Funding **FY2020 payments from Reconstruction loan to be utilized for Homebuyer Assistance Page 157 of 208 Attachment 2: Consolidated Plan and Budget Development Process Summary, FY 2021 Event Date Consolidated Plan Presentation to Community Partnership Board Jan. 09, 2020 Agency Consultations Jan. & Feb Community Needs Survey Feb. & Mar. Health & Human Services Focus Group Feb. 10, 2020 Pre-proposal workshop for agencies Feb. 11, 2020 Economic Development Focus Group Feb. 21, 2020 Housing Focus Group Mar. 04, 2020 Public hearing on Consolidated Plan and Budget (Lincoln Center) Mar. 05, 2020 JRFRC proposals due Mar. 16, 2020 JRFRC Meetings through Zoom Apr. 02, 2020 Apr. 09, 2020 Apr. 16, 2020 Apr. 23, 2020 Apr. 30, 2020 May 07, 2020 30-Day Public Comment Period begins July 01, 2020 First presentation of Consolidated Plan and Budget to City Council July 09, 2020 Page 158 of 208 Public hearing regarding Proposed Consolidated Plan, Annual Action Plan, and July 14, 2020 Community Development Budget at the Lincoln Recreation Center and/or by Zoom 30-Day Public Comment Period ends July 31, 2020 Request council approval by consent agenda of 2020 – 2024 Consolidated Aug. 13, 2020 Plan, PY2020 (FY2021) Annual Action Plan, and FY2021 Community Development Budget Due to HUD no later than Aug. 16, 2020 Page 159 of 208 Attachment 3: FY 2021 CDBG Public Service Funding Summary & Recommendations Agency Program Requeste d Recommend ed Funding Funded Items Client #’s /Cost per Client Fundin g City Brazos Maternal & Child Health Clinic, Inc. The Prenatal Clinic $35,000 $35,000 Medical Items & Testing Nurse Practitioner Salary 570 $61.40 CS Family Promise of Bryan-College Station Counseling and Case Management Program $35,000 $35,000 Case Manager Salary 150 $233.33 CS Big Brothers Big Sisters of the Brazos Valley Workplace Mentoring Program $32,867 $32,867 ¾ Staff Position Program Coordinator 48 $684.73 Bryan Brazos Valley Rehabilitation Center Counseling & Case Management $35,000 $35,000 Contracted Licensed Clinical Social Worker 220 $159.09 CS Mental Health Mental Retardation Authority of Brazos Valley Mary Lake Peer Support Center $35,000 $35,000 Therapist Tech Salary, Utilities, Cell Phone, Auto Maintenance $564.52 CS Twin City Mission, Inc. Case Manager/Client Assistance Program $35,000 $35,000 Case Manager, Client Assistance 700 $50.00 CS A Home Base for Transitioning Foster Youth dba Unlimited Potential, Inc. Salary for Youth Program Coordinator $35,000 $35,000 Salary 550 $54.55 Bryan Unity Partners dba Project Unity Safe Harbour Supervised Visitation $35,000 $0 Program transitioned to different agency 25 $1,400 Bryan CSISD Back to School Rally at the Lincoln Center $5,663.00 $5,663.00 Supplies for Rally CS Total $272,867 $243,530 Waiver for CARES Act allowed the budget to exceed the 15% Public Service Agency cap for the year. Page 160 of 208 Attachment 4: PY 2020-2024 Community Development Goals Goals Summary Information Sort Ord er Goal Name Star t Yea r End Yea r Category Geograp hic Area Needs Addressed Funding Goal Outcome Indicator 1 Rental Housing - Rehabilitation 202 0 202 4 Affordable Housing City- wide Rental Housing Special Needs CDBG: $1,000,000 HOME: $575,000 Rental units Acquired and Rehabilitated: 20 Household Housing Unit 2 Rental Housing - Construction 202 0 202 4 Affordable Housing City- wide Rental Housing Special Needs HOME: $500,000 Rental units constructed: 10 Household Housing Unit 3 Owner Housing - Rehabilitation/Reconstructio n 202 0 202 4 Affordable Housing City- wide Owner- Occupied Housing CDBG: $500,000 HOME: $250,000 Homeowner Housing Rehabilitated: 15 Household Housing Unit 4 Owner Housing - Demolition 202 0 202 4 Affordable Housing Non-Housing Community Development City- wide Owner- Occupied Housing Public Facilities & Infrastructure CDBG: $125,000 Buildings Demolished: 4 Buildings 5 Homeownership - Down Payment Assistance 202 0 202 4 Affordable Housing City- wide Homeownershi p HOME: $1,000,000 Direct Financial Assistance to Homebuyers: 25 Households Assisted 6 Homeownership - Financial Literacy 202 0 202 4 Affordable Housing City- wide Homeownershi p Other: 375 Other Page 161 of 208 Sort Ord er Goal Name Star t Yea r End Yea r Category Geograp hic Area Needs Addressed Funding Goal Outcome Indicator 7 Homeownership - Construction 202 0 202 4 Affordable Housing City- wide Owner- Occupied Housing Homeownershi p CDBG: $500,000 Homeowner Housing Added: 4 Household Housing Unit 8 Homelessness - TBRA Security Deposits 202 0 202 4 Homeless City- wide Rental Housing Homelessness Special Needs HOME: $175,000 Tenant-based rental assistance / Rapid Rehousing: 375 Households Assisted 9 Homelessness - Outreach and Assessment 202 0 202 4 Homeless Non-Homeless Special Needs Non-Housing Community Development City- wide Homelessness Special Needs Public Services CDBG: $50,000 Other: 20 Other 10 Homelessness - Services 202 0 202 4 Homeless City- wide Homelessness Public Services CDBG: $100,000 Public service activities other than Low/Moderate Income Housing Benefit: 1200 Persons Assisted 11 Special Needs - Services 202 0 202 4 Non-Homeless Special Needs City- wide Special Needs Public Services CDBG: $100,000 Public service activities other than Low/Moderate Income Housing Benefit: 1100 Persons Assisted 12 Public Services 202 0 202 4 Non-Housing Community Development City- wide Public Services CDBG: $625,000 Public service activities other than Low/Moderate Income Housing Benefit: 10,000 Persons Assisted Page 162 of 208 Sort Ord er Goal Name Star t Yea r End Yea r Category Geograp hic Area Needs Addressed Funding Goal Outcome Indicator 13 Public Facilities 202 0 202 4 Non-Housing Community Development City- wide Public Facilities & Infrastructure CDBG: $1,500,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 10,000 Persons Assisted 14 Economic Development – Business & Job Development 202 0 202 4 Non-Housing Community Development City- wide Economic Development CDBG: $500,000 Jobs created/retained: 25 Jobs 15 Disaster Response 202 0 202 4 Rental Housing Special Needs Public Services Economic Development Program Administration and Compliance Homelessness City-wide Homelessness Special Needs Public Services $500,000 Public service activities other than Low/Moderate Income Housing Benefit: 600 Persons Assisted Goal Descriptions Goal Name Rental Housing - Rehabilitation1 Goal Descriptio n Encourage and facilitate the rehabilitation of rental units. Page 163 of 208 Goal Name Rental Housing - Construction2 Goal Descriptio n Encourage and facilitate the construction of new affordable rental units through nonprofit or for-profit partners. Additional sources of funds include tax credits through the State of Texas and private funds. Goal Name Owner Housing - Rehabilitation/Reconstruction3 Goal Descriptio n Encourage and facilitate maintenance of residential units by low- and moderate-income homeowners through minor repair grants (CDBG) and residential rehabilitation or reconstruction loans (HOME). Goal Name Owner Housing - Demolition4 Goal Descriptio n Encourage and facilitate the removal of dilapidated residential structures and/or address community emergencies. Goal Name Homeownership - Down Payment Assistance5 Goal Descriptio n Encourage and support programs and projects that provide financial assistance to low- and moderate-income households purchasing existing or new affordable homes. Goal Name Homeownership - Financial Literacy6 Goal Descriptio n Encourage and support programs and projects that provide education and counseling to lower-income homeowners and prospective homebuyers. Page 164 of 208 Goal Name Homeownership - Construction7 Goal Descriptio n Encourage and support programs and projects that construct new housing units for low-and moderate-income homebuyers. Goal Name Homelessness - TBRA Security Deposits8 Goal Descriptio n Preventing homelessness through the provision of assistance for low-income households to secure and sustain safe, decent affordable housing. This is a coordinated effort among affordable housing providers and the City to provide security deposit assistance to eligible households. Goal Name Homelessness - Outreach and Assessment9 Goal Descriptio n Fostering coordination, collaboration, and increased resources to assess community needs, available services, and service gaps. This information may be used to target and improve service provision. Goal Name Homelessness - Services1 0 Goal Descriptio n Assist homeless persons in meeting health and human service needs; provide training and counseling opportunities to help with the transition to self-sufficiency. This goal will be met through public service provision. Goal Name Special Needs - Services1 1 Goal Descriptio n Encourage and facilitate organizations that provide social and/or housing services to special needs populations. Page 165 of 208 Goal Name Public Services1 2 Goal Descriptio n Encourage and support nonprofit providers of homeless/AIDS patient programs, senior services, services for persons with disabilities, legal services, youth services, transportation services, substance abuse services, services for victims of domestic violence, employment training, crime awareness, fair housing, tenant/landlord counseling, child care services, health services, abused and neglected children services, mental health services, screening for lead based paint/lead hazards, subsistence payments, homebuyer downpayment assistance, rental housing subsidies, security deposits, housing counseling, neighborhood clean-ups, food banks, housing information and referral, housing counseling to support homebuyer downpayment assistance, or other public services to deliver programs to low- and moderate-income families and individuals. Goal Name Public Facilities 1 3 Goal Descriptio n Rehabilitation and expansion of street infrastructure, sidewalks, other infrastructure, including water and sewer lines and flood drain improvements, or park facilities including green space, neighborhood parks, and recreation facilities in primarily low- to moderate-income areas. Goal Name Economic Development – Business & Job Development1 4 Goal Descriptio n Rehabilitate and/or develop new spaces for businesses to better realize job creation or support and expand community-wide training and employment activities targeting low-and moderate-income households. Goal Name Disaster Response1 5 Addressing the needs of families and individuals affected by the response or effect of a local, state, or federal disaster declaration, such as a pandemic or natural disaster. Page 166 of 208 Attachment 5: 2020 Median Income Limits 2020 MEDIAN INCOME LIMITS City of College Station Community Development This list supersedes all other lists of prior dates. Household 60% 80% 1 $27,600 $36,750 2 $31,500 $42,000 3 $35,460 $47,250 4 $39,360 $52,500 5 $42,540 $56,700 6 $45,660 $60,900 7 $48,840 $65,100 8 $51,960 $69,300 The left column (Household) refers to the number of people in the home. The two columns on the right refer to the maximum combined income allowed per year by HUD guidelines in order to qualify for a Community Development program at 60% and 80% of the Area Median Income (AMI). Source: https://www.hudexchange.info/incomecalculator/?utm_source=HUD+Exchange+Mailing+List&utm_campaign=cfd6a12ee3- FY_2020_CDBG_Hopwa_NS_Inc_Rent_Lim+_2020&utm_medium=email&utm_term=0_f32b935a5f-cfd6a12ee3-19266897 Page 167 of 208 0 1 20.5 Miles Legend LMISD 0-51% 51-100% City Lim it ¯City of College StationLow-Income Areas - 2019 Page 168 of 208 Attachment 8: Community Development Project Descriptions Owner-Occupied Housing Assistance HOME and CDBG funds will be used for housing rehabilitation, minor repairs, weatherization, home security, and reconstruction for low-moderate income homeowners; the removal of architectural barriers; and the inspection, testing and abatement of lead hazards. Funds will also be used for program delivery costs including staff salaries and benefits. Acquisition/Rehabilitation: CDBG and HOME funds may be used to support the acquisition of property for the development of affordable housing units for sale or rent by income-eligible and otherwise qualified households. This can include vacant land for new construction, or existing housing units, often combined with rehabilitation. Demolition: CDBG funds will be used for clearance, demolition, and removal of dilapidated structures that have been deemed uninhabitable in accordance with City codes, including the movement of structure to other sites. Funds will also be used for program delivery costs including staff salaries and benefits. Homebuyer Assistance: Down payment and closing cost assistance provided to eligible, qualified homebuyers through deferred no interest loans, which include a shared equity component, with HOME funds. Community Housing Development Organization: HOME funds will be made available to an eligible CHDO for the acquisition, development and construction of affordable housing units or the rehabilitation of existing housing units. New Construction: Leveraged Development and Non-Profit Partners: HOME funds will be used to facilitate the development of new affordable housing or the renovation of existing housing for low-income residents. Activities may include the acquisition of land, soft costs, or construction of single-family or multi-family units. Rental Rehabilitation: No funding recommended in FY2021 HOME funds will be matched with private funds to rehabilitate rental properties that will maintain affordable rents for low-income households for a specified period of time following the completion of the project. Projects will be selected based on the following priorities: bringing the unit up to City Codes and HUD standards, upgrade systems, energy conservation upgrades, exterior repairs, and other upgrades that increase marketability. Tenant Based Rental Assistance: Page 169 of 208 Using HOME funds, CD staff will administer a security deposit assistance program for low income individuals and families who will reside in housing units located in a HTC property located in College Station. Current properties include The Haven Apartments, The Heritage at Dartmouth, and Santour Court. Other eligible properties include Terrace Pines Apartments and Villas of Rock Prairie. CD staff will work with the Housing Choice Voucher Program to provide security deposit assistance to qualified voucher holders securing housing in College Station. CD Staff will also work with BVCAP, Twin City Mission, and Family Promise, which offers affordable rental units to lower-income households in College Station or assists homeless individual and families to secure housing. Public Services: 15% of the City’s CDBG fund allocation will be used in partnership with CDBG funds from the City of Bryan to fund non-profit social service agencies in the community. The Joint Relief Funding Review Committee, a Citizen Committee comprised of three members from the City of College Station and three from the City of Bryan, review program proposals from area nonprofits and recommend funding amounts based on their review. Funds are awarded to nonprofit programs who serve primarily low and moderate income residents of College Station and Bryan. Public Facility: Funds will be used to design, engineer, construct, or rehabilitate streets, sidewalks, parks, water and wastewater utilities, or other infrastructure improvements in College Station. Economic Development – Business & Job Development: Funds will be utilized in the establishment of a loan program to spur economic development and create or retain jobs for qualified low- and moderate-income persons. Program Administration: HOME and CDBG funds will be used for management, planning and administration of the City’s PY 2021 CDBG, HOME and other eligible grant programs for LMI citizens. Staff will provide capacity building and technical assistance as needed to citizens, builders, developers, and service providers. Funds from the administrative budget are made available to Project Unity to provide planning and reporting support to CD staff and coordinate a variety of community meetings to address the needs of low- and moderate- income residents, available services, and resources among local service providers. The City will utilize administrative funds to provide education to the community regarding Federal Fair Housing laws and affirmatively further fair housing in College Station. Page 170 of 208 July 9, 2020 Item No. 4.4. Resolution directing the Tax Office to calculate the voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution directing the Tax Office to calculate the voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration. Relationship to Strategic Goals: Good Governance Financial Sustainability Sustainable City Recommendation(s): Staff recommends the City Council approve the resolution directing the Tax Office to calculate the voter-approved rate in the manner provided for a special taxing unit as the City of College Station is affected by a disaster declaration. Summary: Recent modifications to the tax code found in Senate Bill 2 from the 86th Regular Session of the Texas Legislature provides that if the taxing unit is located in an area declared as a disaster area the governing body may direct the person calculating the voter-approved rate to calculate it in the manner provided for a special taxing unit. On June 11, 2020, staff presented to Council the projected revenue impact and some mitigation strategies related to the COVID 19 pandemic. Staff continues to strategically evaluate the known and projected impacts of COVID 19 as it prepares the City’s FY21 Budget and strategic five year financial plan. Filing this resolution with the tax office provides the most flexibility for the City related to continuing to provide services given unknown future events. The Truth in Taxation support prepared by the City is due to the Tax Office by July 17, 2020. For this City to preserve the flexibility related to the option to calculate the voter-approved rate in the manner provided for a special taxing unit affected a disaster declaration, a resolution must be presented to the tax office prior to that date. Budget & Financial Summary: Staff has strategically evaluated the known and projected impacts of COVID 19 on the City’s FY20 and FY21 proposed budget as well as the strategic five year financial plan thru FY25. The Proposed FY21 Budget will be presented to City Council and available to the public on July 23, 2020. Page 171 of 208 Reviewed & Approved by Legal: No Attachments: 1.C2 Disaster Calculation Option 2020 - Roe Letter 2.Resolution Page 172 of 208 Page 173 of 208 RESOLUTION NO. ____________ A RESOLUTION TO AUTHORIZE THE BRAZOS COUNTY TAX OFFICE TO CALCULATE THE VOTER-APPROVAL TAX RATE IN THE MANNER PROVIDED FOR A SPECIAL TAXING UNIT AS THE CITY OF COLLEGE STATION IS LOCATED IN AN AREA DECLARED A DISASTER AREA PURSUANT TO SECTION 26.04(C-1) OF THE TEXAS TAX CODE. WHEREAS, the Governor of the State of Texas has declared a state of disaster in Brazos County pursuant to State law; and WHEREAS, the City of College Station has experienced a significant economic downturn caused by the global COVID-19 pandemic; and WHEREAS, Section 26.04(c-1) of the Texas Tax Code provides that the governing body of a taxing unit located in an area declared to be a disaster area by the Governor or by the president of the United States may direct the designated officer of the City to calculate the voter-approval tax rate in the manner provided for a special taxing unit (8 percent); and WHEREAS, the Brazos County Tax Office is the designated officer of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in this Resolution are declared true and correct. PART 2:That the City of College Station, Texas, hereby requests, in accordance with Section 26.04(c-1) of the Texas Tax Code, that the Brazos County Tax Office calculate the voter-approval tax rate for tax year 2020 in the manner provided for a special taxing unit (8 percent). PART 3:That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of College Station, and it is accordingly so resolved. PART 4:That this Resolution shall become effective immediately upon adoption and shall stay in effect as set forth by applicable law. ADOPTED this 9th day of July, 2020. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: Page 174 of 208 _______________________________ City Attorney Page 175 of 208 July 9, 2020 Item No. 4.5. Resolution consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1 Sponsor:Carla Robinson, City Attorney Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding adoption of a resolution consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1 in an amount not to exceed $2,000,000 for road improvements (the “Bonds”). Relationship to Strategic Goals: Sustainable City Core Services and Infrastructure Recommendation(s): City staff recommends adoption of the Resolution. Summary: On January 9, 2014, the City Council passed Resolution No. 01-09-14-01 adopting a policy on the creation, operation, and dissolution of Municipal Utility Districts located within the City’s incorporated limits or its extraterritorial jurisdiction. Pursuant to the policy, the City Council consented to the formation of Brazos County Municipal Utility District #1 within the City’s extraterritorial jurisdiction (the “District”) by Resolution No. 03-27-14-01, passed on March 27, 2014. In further compliance with the policy, the City and the District entered into a Utility Agreement Between the City of College Station and Brazos County MUD No. 1 on May 16, 2016 (Contract No. 10300449). Pursuant to the Utility Agreement the District is authorized to issue, sell, and deliver bonds in compliance with the City’s policy and with the City Council’s approval. On May 20, 2020, the Board of Directors for the District approved a cost summary for the issuance of Bonds for $2,000,000 in road improvements within the District, the draft Preliminary Official Statement and Notice of Sale for the Bonds, and authorized moving forward with the sale of the Bonds subject to the City’s approval of the bond sale. On June 16, 2020, the Brazos County Commissioners’ Court accepted the District road that will be financed with District bonds into its county road system. In order for the bond issuance to proceed, the District’s draft resolution authorizing the issuance of the Bonds must be approved by the City Council to the extent that such resolution is in compliance with the City’s policy. The District’s representatives met with the City Manager’s Office and City Attorney on June 17, 2020, to discuss the resolution, Preliminary Official Statement, and the schedules showing debt service requirements. Representatives with ABHR, LLP., attorneys for the District, will be available at the council meeting to answer any questions. Page 176 of 208 Budget & Financial Summary: None. Reviewed & Approved by Legal: No Attachments: 1.BCMUD #1 ABHR Summary 2.BCMUD #1 Resolution Final 3.BCMUD #1 Exhibit A Page 177 of 208 -1- 873838_2 M E M O R A N D U M TO: College Station City Council RE: Brazos County Municipal Utility District No. 1 Road Bonds Brazos County Municipal Utility District No. 1 (the “District”) was created by Order of the Texas Commission on Environmental Equality (“TCEQ”) on January 14, 2015 under the authority of Article XVI, Section 59 and Article III, Section 52 of the Texas Constitution and upon consent of City Council on March 27, 2014. The District now seeks approval from the City Council to sell road bonds to reimburse the developer for construction costs for public roads within the District pursuant to its Utility Agreement with the City. Below is a brief description of the processes and legal steps necessary for the District to sell road bonds. 1. District Road Powers and Authority to Issue Bonds. • District was created, with road powers, by Order of the TCEQ on January 14, 2015; City consented to creation. • Successful road bond election held on November 5, 2019 • Utility Agreement with City provides that District can sell bonds payable from District taxes for public infrastructure in compliance with City Codes and Utility Agreement 2. Road Project Constructed in Accordance with Regulatory Requirements. • District can only reimburse for funds expended for a public road project accepted by the County for ownership (or City if within City limits) • Road project competitively bid in accordance with state law. • Road project approved by District Board of Directors. • Funds for road project advanced by developer. • Road complete and accepted by Brazos County in accordance with Interlocal Agreement with County. • If the District were to sell utility bonds, the TCEQ must approve the projects and bonds. 3. District Compliance with Federal and State law and Attorney General rules. • Road projects to be financed with proposed bond issue must be complete and accepted by the County for ownership. Page 178 of 208 -2- 873838_2 • Sufficient assessed value on the ground to support the debt (at a tax rate not to exceed $1.00) and compliance with Attorney General rules related to road indebtedness. o ONLY the district tax rate will support the debt. o Bonds are NOT an obligation or indebtedness of the City or County • District compliance with SEC rules related to issuance of debt (Official Statement) • District compliance with Utility Agreement (submission of financial information to City manager and City consent that District complied with Agreement) • District compliance with federal tax laws related to tax exempt debt • Bonds must be competitively bid after published notice (District must accept lowest bid) • After the sale and prior to closing, Texas Attorney General must approve bonds and transcript of District proceedings • After closing, funds dispersed to developer only after third party audit of verification of project and bills paid Page 179 of 208 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, CONSENTING TO THE SALE AND ISSUANCE OF UNLIMITED TAX ROAD BONDS, SERIES 2020, FOR THE BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 IN AN AMOUNT NOT TO EXCEED $2,000,000.00 WHEREAS, On January 9, 2014, the City Council of the City of College Station, Texas, passed Resolution No. 01-09-14-01 adopting a city policy setting out the creation, operation, and dissolution of municipal utility districts located within the City’s incorporated limits or its extraterritorial jurisdiction (the Policy); and WHEREAS, on March 27, 2014, the City Council of the City of College Station, Texas, consented to the creation of Brazos County Municipal Utility District No. 1 (the District) by Resolution No. 03-27-14-01; and WHEREAS, on May 16, 2016, the City Council of the City of College Station, Texas, approved a Utility Agreement Between the City of College Station and the Brazos County MUD No. 1 (Contract No. 10300449) and a subsequent amendment on December 2, 2016; and WHEREAS, the Utility Agreement authorizes the District to issue, sell, and deliver bonds from time to time, as deemed necessary and appropriate by the Board of Directors of the District, for the purposes, in such form and manner and as permitted or provided by federal law, the general laws of the State of Texas and the City’s Consent Resolution; and WHEREAS, the Utility Agreement further requires that the authorizing resolution of the Board of Directors must be approved by the City Council to the extent such resolution is in compliance with the City’s Policy; and WHEREAS, after reviewing the preliminary official statement and other supporting documents furnished by the District, the City has determined that the issuance of Unlimited Tax Road Bonds, Series 2020, in an amount not to exceed $2,000,000.00 is in accordance with the Utility Agreement, adopted resolutions, and all other agreements between the City and the District; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in this Resolution are declared true and correct. PART 2:That the City Council hereby consents to the sale and issuance of Unlimited Tax Road Bonds, Series 2020, in an amount not to exceed $2,000,000.00 as authorized by the District’s Board of Directors by resolution in substantially the form as attached herein in Exhibit A. PART 3:That this Resolution shall take effect immediately from and after its passage. Page 180 of 208 ADOPTED this 9th day of July, 2020. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 181 of 208 EXHIBIT A Page 182 of 208 1 83b68e2b57.docx RESOLUTION AUTHORIZING THE ISSUANCE OF $2,000,000 BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX ROAD BONDS, SERIES 2020 THE STATE OF TEXAS § § COUNTY OF BRAZOS § WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the District on November 5, 2019; and WHEREAS, the Board of Directors of the District hereby determines that bonds in the amount of $2,000,000 should be issued, as a portion and the first installment of the $104,060,000 bonds voted at such election, leaving the remaining $102,060,000 of such bonds, and any other bonds as may hereinafter be authorized by the District voters, to be issued at a later date; Now, Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 THAT: 1.Definitions. Throughout this resolution the following terms and expressions as used herein shall have the meanings set forth below: “Accounting Principles” means the accounting principles described in the notes to the Audit as such principles may be changed from time to time to comply with State laws or regulations. “Act” means Chapters 49 and 54, Texas Water Code, as amended. “Audit” means the audited financial statements of the District prepared by an independent auditor in accordance with the rules of the Texas Commission on Environmental Quality in effect at such time. “Blanket Issuer Letter of Representations” means the Blanket Issuer Letter of Representations between the District, the Registrar and DTC. “Board” means the Board of Directors of the District. “Bond” or “Bonds” means one or more bonds of the issue of Brazos County Municipal Utility District No. 1 Unlimited Tax Road Bonds, Series 2020, authorized in this Resolution, unless the context clearly indicates otherwise. “Business Day” means any day which is not a Saturday, Sunday, or a day on which the Registrar is authorized by law or executive order to remain closed. “Closing Date” means on __________________. Page 183 of 208 83b68e2b57.docx 2 “Code” means the Internal Revenue Code of 1986, as amended. “District” means Brazos County Municipal Utility District No. 1. “DTC” means The Depository Trust Company of New York, New York, or any successor securities depository. “DTC Participant” means brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. “EMMA” means the Electronic Municipal Market Access System established by the MSRB. “Financial Obligation” shall have the meaning of such word as used under the Rule. “Initial Bond” means the Initial Bond authorized by Section 4 of this Resolution. “Initial Purchaser” means the initial purchaser of the Bonds identified in Section 23 of this Resolution. “Interest Payment Date,” when used in connection with any Bond, means March 1, 2021, and each September 1 and March 1 thereafter until maturity or prior redemption of such Bond. “Material” shall have the meaning of such word as used under federal securities laws. “MSRB” means the Municipal Securities Rulemaking Board. “Obligated Person” shall have the meaning of such word as used under the Rule. “Paying Agent” means the Registrar. “Record Date” means, for any Interest Payment Date, the fifteenth calendar day of the month next preceding each Interest Payment Date. “Register” means the books of registration kept by the Registrar in which are maintained the names and addresses of, and the principal amounts of the Bonds registered to, each Registered Owner. “Registered Owner” means any person who shall be the registered owner of any outstanding Bond. “Registrar” means The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, and its successors in that capacity. “Resolution” as used herein and in the Bonds means this Resolution authorizing the Bonds. "Road Capital Projects Fund" means the fund referred to in this Resolution. Page 184 of 208 83b68e2b57.docx 3 “Road Debt Service Fund” means the debt service fund created in this Resolution. “Rule” means SEC Rule 15c2-12, as amended from time to time. “SEC” means the United States Securities and Exchange Commission. 2.Authorization. The Bonds shall be issued in fully registered form, without coupons, in the total aggregate amount of TWO MILLION DOLLARS ($2,000,000) for the purpose or purpose or purposes of purchasing, constructing, acquiring, owning, maintaining, operating, repairing, improving, extending, or paying for inside and outside the district’s boundaries, any and all macadamized, graveled or paved roads or facilities in aid thereof, including but not limited to, associated drainage and storm water detention facilities, landscaping and irrigation, and all works, improvements, facilities, equipment, appliances, interests in property, all costs associated with flood plain and wetlands regulation (including mitigation) and endangered species and stormwater permits (including mitigation), and contract rights necessary or convenient therefor, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Section 52 of Article III, Constitution of Texas, the Act, and the Water Code. 3.Designation, Date, and Interest Payment Dates. The Bonds shall be designated as the “BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX ROAD BONDS, SERIES 2020,” and shall be dated August 1, 2020. The Bonds shall bear interest at the rates set forth below from the later of August 1, 2020, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360-day year of twelve 30-day months, interest payable on March 1, 2021, and semiannually thereafter on each September 1 and March 1 until maturity or prior redemption. 4.Initial Bond; Interest Rates; Maturities; Principal Amounts and Denominations. The Bonds shall be issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Resolution. The Bonds shall mature on September 1 in each of the years and in the amounts set out in such schedule. The Initial Bond shall be numbered IB-1 and all other Bonds shall be numbered in sequence beginning with R-1. Bonds delivered in transfer of or in exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. Principal Amount Year Interest Rate $ 40,000 2021 % 45,000 2022 45,000 2023 45,000 2024 50,000 2025 50,000 2026 55,000 2027 55,000 2028 55,000 2029 60,000 2030 Page 185 of 208 83b68e2b57.docx 4 60,000 2031 65,000 2032 65,000 2033 70,000 2034 70,000 2035 60,000 2036 60,000 2037 65,000 2038 65,000 2039 70,000 2040 70,000 2041 75,000 2042 75,000 2043 80,000 2044 85,000 2045 85,000 2046 90,000 2047 95,000 2048 95,000 2049 100,000 2050 5.Optional and Mandatory Redemption. Portions of the Bonds are subject to optional redemption on the dates and at the redemption prices set forth in the form of the Bonds in this Resolution. In addition, portions of the Bonds are subject to mandatory redemption on the dates and at the redemption prices set forth in the form of the Bonds in this Resolution. Principal amounts may be redeemed only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for redemption, the Registrar shall treat each Bond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond by $5,000. The Registrar shall select the particular Bonds to be redeemed within any given maturity by lot or other random selection method. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with this Resolution, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Registrar at least 30 days prior to the date fixed for redemption by sending written notice by first class mail to the Registered Owner of each Bond to be redeemed in whole or in part at the address shown on the Register. Such notices shall state the redemption date, the redemption price, the place at which Bonds are to be surrendered for payment and, if less than all Bonds outstanding within any one maturity are to be redeemed, the numbers of the Bonds or portions thereof to be redeemed. Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Registered Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption. When Bonds have been called for redemption in whole or in part and due Page 186 of 208 83b68e2b57.docx 5 provision has been made to redeem same as herein provided, the Bonds or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of receiving payment solely from the funds so provided for redemption, and the rights of the Registered Owners to collect interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. 6.Execution of Bonds; Seal. The Bonds shall be signed by the President or Vice President of the Board and countersigned by the Secretary or Assistant Secretary of the Board, by their manual, lithographed, or facsimile signatures, and the official seal of the District shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the District had been manually impressed upon each of the Bonds. If any officer of the District whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. On the Closing Date, the Initial Bond, being a single bond representing the entire principal amount of the Bonds, (the “Initial Bond”), payable in stated installments to the Initial Purchaser or is designee, executed by manual or facsimile signature of the President or Vice President and Secretary or Assistant Secretary of the Board, approved by the Attorney General, and registered and manually signed by the Comptroller of Public Accounts, shall be delivered to the Initial Purchaser or its designee. Upon payment for the Initial Bond, the Registrar shall cancel the Initial Bond and deliver Bonds to DTC in accordance with Section 13. 7.Approval by Attorney General; Registration by Comptroller. The Bonds to be initially issued shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration certificate of the Comptroller of Public Accounts substantially in the form provided in this Resolution shall be attached or affixed to the Bonds to be initially issued. 8.Authentication. Except for the Initial Bond, which need not be authenticated by the Registrar, in the event the Book-Entry-Only system is discontinued, only such Bonds which bear thereon a certificate of authentication, substantially in the form provided in this Resolution, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Resolution or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bonds so authenticated were delivered by the Registrar hereunder. 9.Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent for the Bonds. The principal of and interest on the Bonds are payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America. Principal is payable upon presentation and surrender of the Bonds as they respectively become due and payable, whether at maturity or by prior redemption, at the principal payment office of the Registrar in Dallas, Texas. Interest is payable by check or draft dated as of the Interest Payment Date, mailed by the Registrar on each Interest Payment Date to the Registered Owner of record as Page 187 of 208 83b68e2b57.docx 6 of the Record Date, first class, postage prepaid, to the address of such Registered Owner as shown in the Register, or by such other customary banking arrangements as may be agreed upon by the Registrar and the Registered Owner, at the risk and expense of the Registered Owner. Any accrued interest payable at maturity on a Bond shall be paid upon presentation and surrender of such Bond at the operations office of the Registrar. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day with the same force and effect as if made on the date such payment was originally due. 10.Successor Registrars. The District covenants that at all times while any Bonds are outstanding it will provide a national or state banking institution, which shall be organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise trust powers, and which shall be subject to supervision or examination by federal or state authority, to act as Registrar for the Bonds. The District reserves the right to change the Registrar for the Bonds on not less than 30 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or Interest Payment Date on the Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar shall notify each Registered Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 11.Special Record Date. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for 30 days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the District. Such Special Record Date shall be 15 days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five days prior to the Special Record Date, to each affected Registered Owner of record as of the close of business on the day prior to the mailing of such notice. 12.Ownership; Unclaimed Principal and Interest. The District, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute Registered Owner of such Bond for the purpose of making and receiving payment of principal or interest on such Bond, and for all other purposes, whether or not such Bond is overdue, and neither the District nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Registered Owner of any Bond in accordance with this Section shall be valid and effectual and shall discharge the liability of the District and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the Registered Owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. Page 188 of 208 83b68e2b57.docx 7 13.Book-Entry-Only System. (a) The Initial Bond shall be registered in the name of Cede & Co. Except as provided in this Section 13 hereof, all other Bonds shall be registered in the name of Cede & Co., as nominee of DTC. (b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the District and the Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such DTC Participant holds an interest in the Bonds, except as provided in this Resolution. Without limiting the immediately preceding sentence, the District and the Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Registered Owner, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Registered Owner, as shown on the Register, of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Resolution to the contrary, the District and the Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Register as the absolute owner of such Bond for the purpose of payment of principal of and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfer with respect to such Bond, and for all other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the resolution of the respective Registered Owners, as shown in the Register as provided in this Resolution, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to payments of principal, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the Register, shall receive a Bond certificate evidencing the obligation of the District to make payments of amounts due pursuant to this Resolution. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions of this Resolution with respect to interest checks being mailed to the Registered Owner of record as of the Record Date, the phrase “Cede & Co.” in this Resolution shall refer to such new nominee of DTC. (c) The execution and delivery of the Blanket Issuer Letter of Representations is hereby approved with such changes as may be approved by the President or Vice President of the Board, and the President or Vice President of the Board is hereby authorized and directed to execute such Blanket Issuer Letter of Representations. 14.Successor Securities Depository; Transfer Outside Book-Entry-Only System. In the event that the District in its sole discretion, determines that the beneficial owners of the Bonds be able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the District shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified by DTC, of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts, as identified by DTC. In such event, the Bonds shall no longer be restricted to being registered in the Page 189 of 208 83b68e2b57.docx 8 Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Registered Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Resolution. 15.Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Blanket Issuer Letter of Representations. 16.Registration, Transfer, and Exchange. This section is subject to the provisions of Section 13, entitled “Book-Entry-Only System.” So long as any Bonds remain outstanding, the Registrar shall keep the Register at its principal payment office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Resolution. Each Bond shall be transferable only upon the presentation and surrender thereof at the operations office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the Registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond in proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three Business Days after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the principal payment office of the Registrar for a Bond or Bonds of like maturity and interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section. Each Bond delivered in accordance with this Section shall be entitled to the benefits and security of this Resolution to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The District or the Registrar may require the Registered Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the District. 17.Mutilated, Lost, or Stolen Bonds. Subject to the provisions of Section 13, entitled “Book-Entry-Only System,” upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate, and principal amount, bearing a number not contemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken, the District, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. Page 190 of 208 83b68e2b57.docx 9 The District or the Registrar may require the Registered Owner of a mutilated Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. The District or the Registrar may require the Registered Owner of a lost, apparently destroyed or wrongfully taken Bond, before any replacement Bond is issued, to: (1)furnish to the District and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (2)furnish such security or indemnity as may be required by the Registrar and the District to hold them harmless; (3)pay all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4)meet any other reasonable requirements of the District and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the District and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the District or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the District in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section shall be entitled to the benefits and security of this Resolution to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. 18.Cancellation of Bonds. Subject to the provisions in Section 13, entitled “Book- Entry-Only System,” all Bonds paid in accordance with this Resolution, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be canceled and destroyed upon the making of proper records regarding such payment. Upon request, the Registrar shall furnish the District with appropriate certificates of destruction of such Bonds. 19.Forms. The form of the Bonds, including the form of the Registrar’s Authentication Certificate, the form of Assignment, and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas, which shall be attached or affixed to the Bonds initially issued, shall be, respectively, substantially as follows, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Resolution, including any legend regarding bond insurance if such insurance is obtained by the purchaser: Page 191 of 208 83b68e2b57.docx 10 a.Form of Bond UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZOS REGISTERED REGISTERED NUMBER R-__$__________ BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX ROAD BOND SERIES 2020 INTEREST RATE:MATURITY DATE:ISSUE DATE:CUSIP NO.: August 1, 2020 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (the “District”) promises to pay to the Registered Owner identified above, or registered assigns, on the maturity date specified above, upon presentation and surrender of this Bond at the principal payment office of the registrar (the “Registrar”), initially, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, the principal amount identified above, and to pay interest thereon at the rate shown above, calculated on the basis of a 360-day year of twelve 30-day months, from the later of August 1, 2020, or the most recent interest payment date to which interest has been paid or duly provided for. Principal of and interest on this Bond are payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of debts due the United States of America. Interest on this Bond is payable by check or draft on each March 1 and September 1 until the earlier of maturity or prior redemption, beginning on March 1, 2021, mailed to the Registered Owner as shown on the books of registration kept by the Registrar as of the fifteenth day of the month next preceding each interest payment date (the “Record Date”), or by such other customary banking arrangements as may be agreed upon by the Registrar and the Registered Owner, at the risk and expense of the Registered Owner. The Bond is dated as of the Issue Date. THIS BOND is one of a duly authorized issue of Bonds, aggregating $2,000,000 (the “Bonds”), issued for the purpose or purpose or purposes of purchasing, constructing, acquiring, owning, maintaining, operating, repairing, improving, extending, or paying for inside and outside the district’s boundaries, any and all macadamized, graveled or paved roads or facilities in aid thereof, including but not limited to, associated drainage and storm water detention facilities, landscaping and irrigation, and all works, improvements, facilities, equipment, appliances, Page 192 of 208 83b68e2b57.docx 11 interests in property, all costs associated with flood plain and wetlands regulation (including mitigation) and endangered species and stormwater permits (including mitigation), and contract rights necessary or convenient therefor, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Section 52 of Article III, Constitution of Texas, the Act, by authority of an election held for and within the District on November 5, 2019, and pursuant to a resolution adopted by the Board of Directors on _______________, 2020 (the “Resolution”). THIS BOND, and the other Bonds of the series of which it is a part, are payable from the proceeds of an annual ad valorem tax levied without legal limitation as to rate or amount upon all taxable property within the District. Reference is hereby made to the Resolution for a complete description of the terms, covenants and provisions pursuant to which this Bond and said series of Bonds are secured and made payable; the respective rights thereunder of the Registered Owners of the Bonds, the District and the Registrar; and the terms upon which the Bonds are, and are to be, registered and delivered. THE DISTRICT RESERVES THE RIGHT, at its option, to redeem the Bonds maturing on or after September 1, 2028, prior to their scheduled maturities, in whole or in part, in integral multiples of $5,000, on September 1, 2027, or any date thereafter at par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for redemption, the Registrar shall treat each Bond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond by $5,000. The Registrar shall select the particular Bonds to be redeemed within any given maturity by lot or other random selection method. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with the provisions of the Resolution, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. Reference is made to the Resolution for complete details concerning the manner of redeeming the Bonds. IN ADDITION TO BEING SUBJECT TO OPTIONAL REDEMPTION, THE BONDS ISSUED AS TERM BONDS maturing September 1, in each of the years ______, ______, and _______ (the "Term Bonds") are subject to mandatory redemption prior to maturity in the following amounts (subject to reduction as hereinafter provided), on the following dates ("Mandatory Redemption Dates"), at a price equal to the principal amount redeemed plus accrued interest to each Mandatory Redemption Date, subject to the conditions set forth below: TERM BOND 20 Mandatory Redemption Principal Amount September 1, 20___$ September 1, 20___ (maturity)$ TERM BOND 20 Mandatory Redemption Principal Amount September 1, 20___$ September 1, 20___ (maturity)$ Page 193 of 208 83b68e2b57.docx 12 TERM BOND 20 Mandatory Redemption Principal Amount September 1, 20___$ September 1, 20___ (maturity)$ ON OR BEFORE 30 days prior to each Mandatory Redemption Date set forth above, the Registrar shall (i) determine the principal amount of such Term Bond that must be mandatorily redeemed on such Mandatory Redemption Date, after taking into account deliveries for cancellation and optional redemptions as more fully provided for below, (ii) select, by lot or other customary random method, the Term Bond or portions of the Term Bond of such maturity to be mandatorily redeemed on such Mandatory Redemption Date, and (iii) give notice of such redemption as provided in the Resolution. The principal amount of any Term Bond to be mandatorily redeemed on such Mandatory Redemption Date shall be reduced by the principal amount of such Term Bond which, by the 45th day prior to such Mandatory Redemption Date, either has been purchased in the open market and delivered or tendered for cancellation by or on behalf of the District to the Registrar or optionally redeemed and which, in either case, has not previously been made the basis for a reduction under this sentence. NOTICE OF ANY REDEMPTION shall be given at least 30 days prior to the date fixed for redemption by first class mail, addressed to the Registered Owner of each Bond to be redeemed in whole or in part at the address shown on the books of registration kept by the Registrar. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the operations office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the Registered Owner or his authorized representative, subject to the terms and conditions of the Resolution. THIS BOND IS EXCHANGEABLE at the operations office of the Registrar for bonds in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Resolution. NEITHER THE DISTRICT nor the Registrar shall be required to transfer or exchange any Bond during the period beginning on a Record Date and ending on the next succeeding interest payment date or to transfer or exchange any Bond called for redemption during the 30-day period prior to the date fixed for redemption of such Bond. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Resolution unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. Page 194 of 208 83b68e2b57.docx 13 THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Resolution. THE DISTRICT has covenanted in the Resolution that it will at all times provide a legally qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed first class, postage prepaid, to each Registered Owner. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; and that annual ad valorem taxes, without legal limit as to rate or amount, sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the District and have been pledged irrevocably for such payment. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the President or Vice President of the Board of Directors and countersigned with the manual or facsimile signature of the Secretary or Assistant Secretary of the Board of Directors, and the official seal of the District has been duly impressed, or placed in facsimile, on this Bond. BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (SEAL) President, Board of Directors Secretary, Board of Directors Page 195 of 208 83b68e2b57.docx 14 b.Form of Registration Certificate of Comptroller of Public Accounts COMPTROLLER’S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this . Comptroller of Public Accounts of the State of Texas (SEAL) c.Form of Registrar’s Authentication Certificate AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been delivered pursuant to the Resolution described in the text of this Bond, in exchange for or in replacement of a bond, bonds or a portion of a bond or bonds of a series which was originally approved by the Attorney General of Texas and registered by the Comptroller of Public Accounts of the State of Texas. The Bank of New York Mellon Trust Company, N.A. By: Authorized Signature Date of Authentication: d.Form of Assignment ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Page 196 of 208 83b68e2b57.docx 15 (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: Registered Owner NOTICE:Signature(s) must be NOTICE: The signature above must guaranteed by an institution which is correspond to the name of the Registered a participant in the Securities Transfer Owner as shown on the face of this Bond Agent Medallion Program (“STAMP”)in every particular, without any or similar program. alteration, enlargement or change whatsoever. e.The Initial Bond shall be in the form set forth in paragraphs a, b, and d of this Section, except for the following alternations: i.immediately under the name of the Bond, the headings “INTEREST RATE” and “MATURITY DATE” shall both be completed with the words “As Shown Below” and the word “CUSIP No.” deleted; ii.in the first paragraph of the Bond, the words “on the maturity date specified above,” “the principal amount identified above,” and “at the rate shown above” shall be deleted and the following shall be inserted at the end of the first sentence “ . . ., with such principal to be paid in installments on September 1 in each of the years and in the principal amounts identified in the following schedule and with such installments bearing interest at the per annum rates set forth in the following schedule:” [Information to be inserted from schedule in Section 4] iii.the Initial Bond shall be numbered IB-1. 20.Legal Opinion; CUSIP; Bond Insurance. The approving opinion of Allen Boone Humphries Robinson LLP, Houston, Texas, and CUSIP numbers may be printed on the Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Bonds. If bond insurance is obtained by the purchaser, the Bonds may bear an appropriate legend as provided by the insurer. Page 197 of 208 83b68e2b57.docx 16 21.Road Debt Service Fund; Tax Levy. The Road Debt Service Fund is hereby created and the proceeds from all taxes levied, assessed and collected for and on account of the Bonds authorized by this Resolution shall be deposited, as collected, in such Fund. While the Bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually levied, assessed and collected in due time, form and manner, and at the same time other District taxes are levied, assessed and collected, in each year, beginning in the current year, a continuing direct annual ad valorem tax, without legal limit as to rate, upon all taxable property in the District, sufficient to pay the interest on the Bonds as the same becomes due and to pay each installment of the principal of the Bonds as the same matures, full allowance being made for delinquencies and costs of collection, and said taxes are hereby irrevocably pledged to the payment of the interest on and principal of the Bonds and to no other purpose. There is hereby appropriated from the proceeds of sale of the Bonds twenty-four (24) months’ interest on the Bonds, which amount shall be deposited into the Road Debt Service Fund and used to pay interest on the Bonds, and such amount shall be used for no other purpose. 22.Further Proceedings. After the Bonds to be initially issued have been executed, it shall be the duty of the President or Vice President and Secretary or Assistant Secretary of the Board and other appropriate officials and agents of the District to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General of Texas, for examination and approval. After the Bonds to be initially issued have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Bonds to be initially issued, the Comptroller of Public Accounts (or the Comptroller’s bond clerk or an assistant bond clerk lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller’s Registration Certificate prescribed herein and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. 23.Sale; Proceeds. The sale and delivery of the Bonds to _________________________ (herein referred to as the "Initial Purchaser") at a price of $______________________, plus accrued interest thereon to date of delivery, is hereby authorized, approved, ratified and confirmed, subject to the approving opinion as to the legality of the Bonds of the Attorney General of Texas, and of Allen Boone Humphries Robinson LLP, Houston, Texas, bond counsel. It is hereby found and declared that the Initial Purchaser’s bid produced the lowest net effective interest rate for the Bonds after advertisement and public sale, and that the net effective interest rate resulting from such bid is _____________% which rate is less than the maximum rate permitted by law, and is determined to be in the District’s best interest, per Section 1201.022(a)(3)(B) of the Government Code. Accrued interest and capitalized interest on the Bonds shall be deposited into the Road Debt Service Fund upon receipt. The remaining proceeds of sale of the Bonds shall be deposited into the Road Capital Projects Fund, which fund is hereby confirmed, and, together with investment earnings of such proceeds, shall be used for the purposes set forth in Section 2 of this Resolution and to pay costs of issuance. After all the roads and facilities described in Section 2 of this Resolution are constructed, any remainder shall be transferred to the Road Debt Service Fund, in accordance with the applicable laws and regulations in effect at such time. Page 198 of 208 83b68e2b57.docx 17 24.Investments. Moneys deposited into the Road Debt Service or Road Capital Projects Funds and any other fund or funds that the District may lawfully create may be invested or reinvested in authorized investments. All investments and any profits realized from or interest accruing on such investments shall belong to the fund from which the moneys for such investments were taken; provided, however, that in the discretion of the Board of Directors the profits realized from and interest accruing on investments made from any fund may be transferred to the Road Debt Service Fund. 25.Defeasance and Refunding. The District reserves the right to defease or refund the Bonds in any manner provided by law. 26.Remedies in Event of Default. In addition to all of the rights and remedies provided by laws of the State of Texas, the District further covenants and agrees that in the event of default in payment of principal or interest on any of the Bonds when due, or, in the event it fails to make the payments required to be made into the Road Debt Service Fund or any other fund or defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Resolution, the Registered Owners shall be entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the District and the officials thereof to observe and perform the covenants, obligations or conditions prescribed in this Resolution. Any delay or omission to exercise any right or power occurring upon any default shall not impair any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. 27.Federal Income Tax Exclusion. (a)General. The District intends that the interest on the Bonds shall be excludable from gross income for federal income tax purposes pursuant to sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable Income Tax Regulations (the “Regulations”). The District covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Bonds to be includable in gross income, as defined in section 61 of the Code, for federal income tax purposes. In particular, the District covenants and agrees to comply with each requirement of this Section 27; provided, however, that the District shall not be required to comply with any particular requirement of this Section 27 if the District has received an opinion of nationally recognized bond counsel (“Counsel’s Opinion”) that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or if the District has received a Counsel’s Opinion to the effect that compliance with some other requirement set forth in this Section 27 will satisfy the applicable requirements of the Code and the Regulations, in which case compliance with such other requirement specified in such Counsel’s Opinion shall constitute compliance with the corresponding requirement specified in this Section 27. (b)No Private Use or Payment and No Private Loan Financing. The District covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate the use of property financed, directly or indirectly, with such proceeds, and take such other and further action as may be required so that the Bonds will not be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. Moreover, the District shall certify, through an Page 199 of 208 83b68e2b57.docx 18 authorized officer, employee or agent that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. (c)No Federal Guarantee. The District covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code and the applicable Regulations thereunder, except as permitted by section 149(b)(3) of the Code and such Regulations. (d)No Hedge Bonds. The District covenants and agrees that it has not and will not take any action, and has not knowingly omitted and will not knowingly omit to take any action, within its control, that, if taken or omitted, respectively, would cause the Bonds to be “hedge bonds” within the meaning of section 149(g) of the Code and the applicable Regulations thereunder. (e)No Arbitrage. The District covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be “arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. Moreover, the District shall certify, through an authorized officer, employee or agent that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the District will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. (f)Arbitrage Rebate. If the District does not qualify for an exception to the requirements of Section 148(f) of the Code relating to the required rebate to the United States, the District will take all necessary steps to comply with the requirement that certain amounts earned by the District on the investment of the “gross proceeds” of the Bonds (within the meaning of section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the District will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the District allocable to other bond issue of the District or moneys which do not represent gross proceeds of any bonds of the District, (ii) calculate at such times as are required by applicable Regulations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds or on such other dates as may be permitted under applicable Regulations, all amounts required to be rebated to the federal government. Further, the District will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or a larger loss than would have resulted if the arrangement had been at arm’s length and had the yield on the issue not been relevant to either party. Page 200 of 208 83b68e2b57.docx 19 (g)Information Reporting. The District covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in accordance with section 149(e) of the Code and the applicable Regulations promulgated thereunder. (h)Continuing Obligation. Notwithstanding any other provision of this Resolution, the District’s obligations under the covenants and provisions of this Section shall survive the defeasance and discharge of the Bonds. 28.Qualified Tax-Exempt Obligations. The District hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of section 265(b) of the Code. In connection therewith, the District represents (a) that the aggregate amount of tax-exempt obligations issued by the District during calendar year 2020, including the Bonds, which have been designated as “qualified tax-exempt obligations” under section 265(b)(3) of the Code does not exceed $10,000,000, and (b) that the reasonably anticipated amount of tax-exempt obligations which will be issued by the District during calendar year 2020, including the Bonds, will not exceed $10,000,000. For purposes of this Section, the term “tax-exempt obligation” does not include “private activity bonds” within the meaning of section 141 of the Code, other than “qualified 501(c)(3) bonds” within the meaning of section 145 of the Code. In addition, for purposes of this Section, the District includes all governmental units which are aggregated with the District under section 265(b) of the Code. 29.Official Statement. The District ratifies and confirms its prior approval of the form and content of the Preliminary Official Statement prepared in the initial offering of the Bonds and hereby authorizes and approves the amendment of the Preliminary Official Statement to add the terms of the Initial Purchaser’s bid and to make any other changes necessary to comply with the provisions of this Resolution and existing law. The use of such final Official Statement in the reoffering of the Bonds by the Initial Purchaser is hereby approved and authorized. The proper officials of the District are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. 30.Continuing Disclosure Undertaking. The District qualifies for exemption from the Rule because the District has not issued more than $10,000,000 in aggregate amount of outstanding bonds (including the Bonds) and no person is committed by contract or other arrangement with respect to the payment of the Bonds. The District, as required in connection with such exemption, makes the following agreement for the benefit of the Registered Owners and beneficial owners of the Bonds. (a) Annual Reports. The District shall provide annually to the EMMA, within six months after the end of each fiscal year of the District ending in or after 2020, annual financial information and operating data with respect to the District of the general type included in “APPENDIX A” (Auditor’s Report and Financial Statements of the District). Any financial statements so provided shall be (1) prepared in accordance with the Accounting Principles described in this Resolution and (2) audited, if the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such Page 201 of 208 83b68e2b57.docx 20 period, then the District shall provide unaudited financial statements for the applicable fiscal year to EMMA within such six month period, and audited financial statements, if and when the audit report on such statements becomes available. If the District changes its fiscal year, the District will notify EMMA of the change (and of the date of the new fiscal year end) prior to the next date by which the District otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public on the MSRB’s internet website or filed with the SEC. All documents provided to EMMA by the District pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB. The District shall notify EMMA, in a timely manner, of any failure by the District to provide financial information or operating data in accordance with this subsection (a) by the time required by this subsection (a). (b)Event Notices. The District shall notify EMMA, in a timely manner, not in excess of ten business days after the occurrence of the event, of any of the following events with respect to the Bonds: (1)Principal and interest payment delinquencies; (2)Non-payment related defaults, if Material; (3)Unscheduled draws on debt service reserves reflecting financial difficulties; (4)Unscheduled draws on credit enhancements reflecting financial difficulties; (5)Substitution of credit or liquidity providers, or their failure to perform; (6)Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other Material notices or determinations with respect to the tax status of the Bonds, or other Material events affecting the tax status of the Bonds; (7)Modifications to rights of holders of the Bonds, if Material; (8)Bond calls, if Material, and tender offers; (9)Defeasances; (10)Release, substitution, or sale of property securing repayment of the Bonds, if Material; (11)Rating changes; (12)Bankruptcy, insolvency, receivership or similar event of the District or other Obligated Person; (13)Consummation of a merger, consolidation, or acquisition involving the District or other Obligated Person or the sale of all or substantially all of the assets of the District or other Obligated Person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if Material; Page 202 of 208 83b68e2b57.docx 21 (14)Appointment of a successor or additional trustee or the change of name of a trustee, if Material; (15)Incurrence of a Financial Obligation of the District or other Obligated Person, if Material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the District or other Obligated Person, any of which affect Beneficial Owners of the Bonds, if Material; and (16)Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the District or other Obligated Person, any of which reflect financial difficulties. (c)Limitations, Disclaimers, and Amendments. The District shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the District remains an Obligated Person with respect to the Bonds, except that the District in any event will give the notice required by subsection (b) of this Section of any Bond calls and defeasance that cause the District to be no longer such an Obligated Person. The provisions of this Section are for the sole benefit of the Registered Owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The District undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the District's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The District does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE DISTRICT BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE DISTRICT, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the District in observing or performing its obligations under this Section shall constitute a breach of or default under this Resolution for purposes of any other provision of this Resolution. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the District under federal and state securities laws. The provisions of this Section may be amended by the District from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the District, but only if the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in Page 203 of 208 83b68e2b57.docx 22 the original primary offering of the Bonds in compliance with the Rule, taking into account any amendments and interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and either the Registered Owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Resolution that authorizes such an amendment) of the outstanding Bonds consent to such amendment or a Person that is unaffiliated with the District (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Registered Owners and beneficial owners of the Bonds. If the District so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. The District may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but in either case only if and to the extent that its right to do so would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. 31.Related Matters. To satisfy in a timely manner all of the District’s obligations under this Resolution, the President or Vice President and Secretary or Assistant Secretary of the Board of Directors of the District and all other appropriate officers and agents of the District are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms and purposes of this Resolution. 32.Registrar. The form of agreement setting forth the duties of the Registrar is hereby approved, and the appropriate officials of the District are hereby authorized to execute such agreement for and on behalf of the District. 33.No Personal Liability. No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon, or on this Resolution, against any official or employee of the District or any person executing any Bonds. 34.District’s Successors and Assigns. Whenever in this Resolution the District is named and referred to it shall be deemed to include its successors and assigns, and all covenants and agreements in this Resolution by or on behalf of the District, except as otherwise provided herein, shall bind and inure to the benefit of its successors and assigns whether or not so expressed. 35.Benefits of Resolution Provisions. Nothing in this Resolution or in the Bonds, expressed or implied, shall give or be construed to give any person, firm or corporation, other than the District, the Registrar and the Registered Owners, any legal or equitable right or claim under or in respect of this Resolution, or under any covenant, condition or provision herein contained, all the covenants, conditions and provisions contained in this Resolution or in the Bonds being for the sole benefit of the District, the Registrar and the Registered Owners. 36.Severability Clause. If any word, phrase, clause, sentence, paragraph, section or other part of this Resolution, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this Resolution to any other persons or circumstances shall not be affected thereby. Page 204 of 208 83b68e2b57.docx 23 37.Open Meeting. It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, and Section 49.063, Texas Water Code. [EXECUTION PAGE FOLLOWS] Page 205 of 208 83b68e2b57.docx 24 PASSED AND APPROVED on this ____ day of _______________, 2020. President, Board of Directors ATTEST: Secretary, Board of Directors (SEAL) Page 206 of 208 83b68e2b57.docx CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § § COUNTY OF BRAZOS § I, the undersigned officer of the Board of Directors of Brazos County Municipal Utility District No. 1, hereby certify as follows: 1.The Board of Directors of Brazos County Municipal Utility District No. 1 convened in regular session on _______________, 2020, and the roll was called of the members of the Board: Robert “Hunter” Goodwin President Charles Moreau Vice President Lawrence B. Hodges, Jr. Secretary Kyle Davis Assistant Secretary Brian G. Fisher Assistant Vice President and all of said persons were present except Director(s) _____________________________, thus constituting a quorum. Whereupon, among other business, the following was transacted at the meeting: a written RESOLUTION AUTHORIZING THE ISSUANCE OF $2,000,000 BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX ROAD BONDS, SERIES 2020 was introduced for the consideration of the Board. It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, the motion, carrying with it the adoption of the Resolution, prevailed and carried unanimously. 2.A true, full, and correct copy of the aforesaid resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; the action approving the resolution has been duly recorded in the Board’s minutes of the meeting; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Board as indicated therein; each of the officers and members of the Board was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that the resolution would be introduced and considered for adoption at the meeting, and each of the officers and members consented, in advance, to the holding of the meeting for such purpose; the meeting was open to the public as required by law; and public notice of the time, place, and subject of the meeting was given as required by Chapter 551, Texas Government Code, and Section 49.063, Texas Water Code, as suspended by the Governor of the State of Texas. SIGNED AND SEALED on this ____ day of _______________, 2020. Secretary, Board of Directors Page 207 of 208 83b68e2b57.docx 2 (SEAL) Page 208 of 208