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HomeMy WebLinkAbout10/22/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Internet: https://zoom.us/j/91023491784  *Phone: 888 475 4499 and Webinar ID: 910 2349 1784 October 22, 2020 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *The City uses a third­party vendor to help host the meeting and if the call­in number is not  functioning access will be through the internet link only.       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 2 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. 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.Presentation     Proclamation honoring Dr. Bill Harris for his dedicated service representing the City of College  Station on the Board of Directors of the Brazos Valley Groundwater Conservation District (BVGCD)  from 2013 to 2020.     3.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.     4.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.  Page 1 of 145  City Council Regular Page 2 October 22, 2020 4.1.Presentation, discussion, and possible action of minutes for: • October 8, 2020 Workshop Meeting • October 8, 2020 Regular Meeting   Sponsors:Tanya Smith  Attachments:1.WKSHP100820 DRAFT Minutes 2.RM100820 DRAFT Minutes 4.2.Presentation, discussion, and possible action regarding the renewal of six Master Agreements  for Real Estate Appraisal Services: Duff & Phelps, LLC; JLL Valuation & Advisory Services,  LLC; Lowery Property Advisors, LLC; Paul Hornsby & Company; S.T. Lovett & Associates;  Valbridge Property Advisors with each agreement not to exceed $30,000.   Sponsors:Emily Fisher   Attachments:1.Pages from 19300011 R2 ­­ RF ­ (CC102220) 2.Pages from #19300010 R2 ­­ RF (CC102220) 3.Pages from 19300009 R2 ­­ RF ­ (CC102220) 4.Pages from 19300008 R2 ­­ RF ­ (CC102220) 5.Pages from 19300007 R2 ­­ RF (CC102220) 4.3.Presentation, discussion, and possible action regarding approval of the of the City’s annual  price agreements for Electric Three Phase Pad­Mounted Transformers with estimated annual  expenditures for KBS Electrical Distributors in the amount not to exceed $900,204. The total  recommended award is for an amount not to exceed $900,204 for FY 20­21 and possibly two  one­year renewals.   Sponsors:Mary Ellen Leonard  Attachments:1.20­070 3 Phase Transformers Bid Award Tabulation 4.4.Presentation, discussion, and possible action regarding the renewal of the Inter­Local  Agreement with Brazos County for housing College Station Class C Misdemeanor prisoners in  the Brazos County Jail.   Sponsors:Billy Couch  Attachments:1.ILA CSPD Inmate Housing 9­25­20 4.5.Presentation, discussion, and possible action regarding approval of the City’s Annual Price  Agreements for Electric Warehouse Inventory Materials with estimated annual expenditures of  Anixter Inc. for $32,803, KBS Electrical Distributors for $288,083, Techline for $999,886, and  Wesco Distribution for $30,530. The total recommended award is for an amount not to exceed  $1,351,302.     Sponsors:Mary Ellen Leonard  Attachments:1.Tabulation 20­069 Page 2 of 145  City Council Regular Page 3 October 22, 2020 4.6.Presentation, discussion, and possible action on an ordinance amending Chapter 38, “Traffic  and Vehicles,” Article VI “Traffic Schedules,” Section 38­1014 “Traffic Schedule XIV, No Parking  Here to Corner and No Parking at Any Time,”  by removing street parking at entrances and  exits to public garages and parking areas and at certain intersections in the Northgate District.  Sponsors:Debbie Eller   Attachments:1.Attachment 2 ­ Location Map 2.Attachment 1 ­ CH 38 No Parking Ord Intersection and Driveways  NorthGate (1) 4.7.Presentation, discussion, and possible action regarding the approval of a funding agreement  with Catholic Charities in the amount of $140,000 to provide case management and assistance  to College Station residents affected by COVID­19.  Sponsors:Debbie Eller  Attachments:1.Contract on file with the City Secretary's Office 4.8.Presentation, discussion, and possible action regarding a ratification of the assignment,  assumption and amendment of a lease agreement in the amount of $257,234.59 for the  property at 614 Holleman Drive East by and among Brazos Valley Convention and Visitors  Bureau, the City of College Station and TRDWind Wolf Pen, LLC.  Sponsors:Natalie Ruiz  Attachments:1.200930 EXECUTION Assignment of Lease for City of College Station  WPC TWF 4.9.Presentation, discussion, and possible action regarding Renewal one (1) of the Master  Agreement between the City of College Station and The Reynolds Company (TRC) for the  purchase of Rockwell Automation products and services for maintenance of Water Services  Department SCADA infrastructure for a not to exceed amount of $150,000.  Sponsors:Gary Mechler  Attachments:1.Renewal One of Master Agreement 4.10.Presentation, discussion, and possible action regarding the award of a contract to Brazos  Paving, Inc. for base failure repairs and pavement treatments in an amount not to exceed  $4,613,250. This item is for contracted equipment, labor, and materials for standard  maintenance activities associated with asphalt streets.  Sponsors:Donald Harmon  Attachments:1.Contract on file with the City Secretary's Office 4.11.Presentation, discussion, and possible action on consideration of an ordinance amending  Chapter 38, “Traffic and Vehicles,” Article VIII “Traffic Schedules,” Section 38­1008 “No right  turn or no left turn” prohibiting left turns on school days from Gilchrist Avenue to Williams  Street.  Sponsors:Troy Rother  Attachments:1.No Left­Turn ­ Ordinance ­ Gilchrist @ Williams Final 2.Temporary no left turn layout Page 3 of 145  City Council Regular Page 4 October 22, 2020 4.12.Presentation, discussion, and possible action regarding a contract with Freese & Nichols, Inc.  to update the city­wide water and wastewater impact study with a total cost of $300,000.  Sponsors:Gary Mechler  Attachments:1.Contract 21300036 ­­ BW 4.13.Presentation, discussion, and possible action on approval of the 2020 Property Tax Roll in the  amount of $52,501,620.03.   Sponsors:Mary Ellen Leonard  Attachments:1.C2 2020 Levy Totals 2.C2 Levy Notification 4.14.Presentation, discussion, and possible action regarding the approval of a Real Estate Contract  that will convey 1.000 acre of City­owned land generally located at 1820 Harvey Mitchell  Parkway, Bryan, Texas.  Sponsors:Gary Mechler   Attachments:1.Vicinity Map 2.Survey Map 3.Contract on file in the City Secretary's Office    5.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.  5.1.Presentation, discussion, and possible action on an ordinance authorizing the issuance of “City  of College Station, Texas General Obligation Refunding Bonds, Series 2020­A”; approving a  purchase contract and other procedures relating to said bonds; and enacting other provisions  relating to the subject.  Sponsors:Mary Ellen Leonard  Attachments:1.Ordinance (ver 1) 5.2.Public Hearing, presentation, discussion, and possible action regarding a summary of  assistance provided to residents and businesses affected by the COVID­19 pandemic,  discussion of current needs identified in the community caused by COVID­19, and discussion  regarding the use of additional CARES Act Community Development Block Grant funding in the  amount of $822,034.  Sponsors:Debbie Eller  Attachments:None 5.3.Presentation, discussion, and possible action regarding approval of a Public Health  Reimbursement for Baylor Scott & White in the amount of $748,000.22 for public health labor  expenses and supplies to respond to COVID­19.  Sponsors:Debbie Eller  Attachments:None Page 4 of 145 City Council Regular Page 5 October 22, 2020 5.4.Presentation,  discussion,  and  possible  action  regarding  approval  of  a  Public  Health  Reimbursement for CHI St. Joseph Regional Health Center in the amount of $641,168.61 for  public health labor expenses and supplies to respond to COVID­19. Sponsors:Debbie Eller Attachments:None 5.5.Presentation, discussion, and possible action regarding the conversion of existing greenways  property to park land in the Lick Creek Area. Sponsors:Kelly Kelbly Attachments:None 5.6.Presentation,  discussion,  and  possible  action  regarding  an  ordinance  consenting  to  and  extending the Mayor's renewal of a disaster declaration due to public health emergency. Sponsors:Jeff Capps Attachments:1.October 22 Ordinance Renewing Disaster Declaration 6.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.  7.Adjourn. 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, on  October 16, 2020 at 5:00 p.m.   City Secretary This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 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,  Page 5 of 145  City Council Regular Page 6 October 22, 2020 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.” Page 6 of 145 October 22, 2020 Item No. 4.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • October 8, 2020 Workshop Meeting • October 8, 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.WKSHP100820 DRAFT Minutes 2.RM100820 DRAFT Minutes Page 7 of 145 WKSHP100820 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION OCTOBER 8, 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 Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 4:01 p.m. on Thursday, October 8, 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 4.01 p.m. on Thursday, October 8, 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 8 of 145 WKSHP100820 Minutes Page 2 B.Consultation with attorney to receive legal advice; to wit: Legal Advice concerning a proposal to EBCS addressing the liabilities and assets of the corporation. 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 5:15 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. Items (4.5) were pulled from Consent for clarification. (4.5): Michael DeHaven, Assistant Finance Director, explained that the Public Funds Investment Act requires an annual review and approval of the City's investment policy and investment strategies. The Act further requires the following: (1) that the governing body adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies, and (2) that the written instrument so adopted records any changes to either the investment policy or investment strategies. Additionally, an annual review of the City’s authorized broker/dealers was performed. BB&T went through a merger and now is Trust Bank. This name change is now reflected in the proposed changes to the list of Broker/Dealers and Depository Banks for FY21. 5. Workshop 5.1 Presentation, discussion, and possible action regarding a presentation on landscaping costs for City-owned thoroughfares. Donald Harmon, Director of Public Works, stated that this presentation will provide an update on the Landscape Planting and Maintenance Costs for City Owned and Maintained Arterial and Collector Roadways. A few of the arterial and collectors are: Dartmouth Street, arterial; Barron Road, arterial; Graham Road, collector; and Arrington Road, collector. Mr. Harmon also explained how TxDOT, City of College Station, TAMU and City of Bryan is responsible for certain roads and traffic signals. Landscape Maintenance Scope of Work Turf Maintenance Bed Maintenance Tree Maintenance Irrigation Maintenance Contract Landscape Maintenance Costs – Total $1,108,394 Parks - $585,355 Page 9 of 145 WKSHP100820 Minutes Page 3 Finish Mowing Sites - $308,667 Facilities - $110,458 Water - $32,344 Wastewater - $48,386 Electric - $23,184 Street Landscape Maintenance Costs Contract Landscape Costs (Finish Mowing) –$308,667 In-House Landscape Costs –$607,311 –Total: $915,978 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 Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) No discussion at this time. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 6:03 p.m. on Thursday, October 8, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 10 of 145 RM100820 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION OCTOBER 8, 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 Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present 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 via Teleconference at 6:17 p.m. on Thursday, October 8, 2020, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Presentation Presentation proclaiming October 2020 as for Community Planning Month. Mayor Mooney presented a proclamation marking October 2020 as “Community Planning Month” to Planning and Development Services. Presentation proclaiming October 2020 as National Domestic Violence Awareness Month. Mayor Mooney presented a proclamation marking October 2020 as “National Domestic Violence Awareness Month” to Brazos County Coalition Against Domestic Violence. 3.Hear Visitors Comments Page 11 of 145 RM100820 Minutes Page 2 No speakers at this time. 4.CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for: September 24, 2020 Workshop Meeting September 24, 2020 Regular Meeting 4.2. Presentation, discussion, and possible action regarding service agreement with The Personal Computer Store, Inc. dba Avinext for the computer network upgrade project not to exceed $791,399. 4.3. Presentation, discussion, and possible action on approving Renewal 1 of an annual contract for gasoline and diesel fuel contact with Fikes Wholesale Inc. for the amount of $1,400,000. 4.4. Presentation, discussion, and possible action regarding approval of the second one year renewal of the athletic field maintenance materials agreements with BWI Companies and Helena Agri-Enterprises for a total not to exceed $188,360.95 with the following breakdown: BWI Companies $97,498.87 and Helena Agri-Enterprises $90,862.08. 4.5. Presentation, discussion, and possible action on Resolution No. 10-08-20-4.5 stating that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List and Investment Strategy. 4.6. Presentation, discussion, and possible action on a three year interlocal agreement with the Texas A&M University System to pay the City $904,699 for aircraft rescue and firefighting personnel and equipment requirements, operational responsibilities, and command and control of the joint use fire station facility at Easterwood Airport. 4.7. Presentation, discussion, and possible action regarding Resolution No. 10-08-20-4.7 appointing Gary Mechler as a member of the Brazos Valley Groundwater Conservation District Board of Directors, subject to approval by the Brazos County Commissioners Court. 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 approve the Consent Agenda. The motion carried unanimously. 5.REGULAR AGENDA 5.1. Public Hearing, presentation, discussion, and possible action regarding the Comprehensive Plan 10-Year Evaluation and Appraisal Report. Alyssa Halle-Schramm, Planning and Development, stated that the Comprehensive Plan is meant to be a “living document” and it is recommended that the City undertake regular evaluations and updates, including a thorough review every five years. Ten years into the plan, the City undertook a major effort to evaluate the plan, consider recent growth and best practices, and identify needed updates to the City’s policies. The purpose of this Comprehensive Plan 10-Year Evaluation and Appraisal Report is to serve as a “checkup” by identifying the plan’s successes and shortcomings and Page 12 of 145 RM100820 Minutes Page 3 recommending appropriate modifications in response to changing conditions. The report is the culmination of many months of staff and Comprehensive Plan Evaluation Committee review and analysis, along with input from multiple rounds of community and stakeholder engagement. The report features a list of potential strategies and actions, contains a set of considerations for future map changes, and summarizes the community and stakeholder input. The report incorporates feedback received from the joint City Council and Planning and Zoning Commission workshop that was held on August 28, 2020. Changes include an update to the vision statement, revisions to the Neighborhood Integrity actions and inclusion of new action items, and minor revisions to the Transportation (Mobility) actions. The numerical data on the number of participants for each of the virtual Community Choices Workshop activities was also added to the report and Appendix F. This report and its associated appendices: Builds upon the Five-year Evaluation and Appraisal prepared in 2014. Provides a review of the basic conditions and assumptions related to the City’s growth. Evaluates implementation progress related to the Plan’s goals, strategies, and action items. Serves to prepare the City for a major update to the Plan by defining potential modifications to its policies, action items, and structure. City staff will draft update amendments, which will be made available for public feedback and will go through the public hearing process at future Planning & Zoning Commission and City Council meetings. Formal Comprehensive Plan update recommendations are expected in 2021. At approximately 7:24 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:24 p.m. 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 approve the Comprehensive Plan 10-Year Evaluation and Appraisal Report. The motion unanimously carried. 5.2. Public Hearing, presentation, discussion, and possible action on Budget Amendment #3 Ordinance No. 2020-4212 amending Ordinance No. 4128 which will amend the budget for the 2019-2020 Fiscal Year in the amount of $1,200,000. Mary Ellen Leonard, Director of Finance, stated that the proposed budget amendment is to increase the FY20 budget appropriations by $1,200,000 due to the receipt of federal CARES Act funding through the Texas Department of Emergency Management. These funds were received in advance of providing the necessary expense documentation and were deposited into the CDBG fund. The City has incurred the expenses as defined under the guidelines and is now eligible to record the reimbursement. If approved, the net revised budget appropriations will be $343,117,573. The City was allocated $6,434,890 as part of the Coronavirus Relief Fund with stipulations on eligible expenses for reimbursement. These expenses include 1) Medical expenses, 2) Public health expenses, 3) Payroll expenses for public safety, public health, healthcare, human services, and similar employees who services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency, 4) Expenses of actions to facility compliance with COVID-19 related public health measures, 5) Expenses associated with the provisions of economic support in connection with the COVID- 19 public health emergency, 6) Any other COVID-19 related expenses reasonably Page 13 of 145 RM100820 Minutes Page 4 necessary to the function of government that satisfy the Fund’s eligible criteria. As part of a conditions of use of the Fund, a minimum of 75% of the expenditures must fall into categories 1, 2, and 3 above. The remaining 25% can be in any of the categories above. At approximately 7:29 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:29 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4212, Budget Amendment #3 amending Ordinance No. 4128 which will amend the budget for the 2019- 2020 Fiscal Year in the amount of $1,200,000. The motion unanimously carried. 5.3. Public Hearing, presentation, discussion, and possible action approving Ordinance No. 2020-4213 vacating and abandoning a 4382 sq. foot portion of a 20-foot wide Public Utility Easement referred to as Easement 1, and an additional 4382 sq. foot portion of a 20-foot wide Public Utility Easement referred to as Easement 2, lying within Lot 1, Block 1 of the Letbetter Subdivision, Phase 1, Morgan Lector League A-46, according to the plat recorded in Volume 9980, Page 179, of the Official Records of Brazos County, Texas. Debbie Stickles, Planning and Development, stated that the public utility easement abandonment is being requested by the applicant as a result of encumbrances experienced with the site plan of Holy Cross Lutheran Church. All utilities within the easement have been abandoned, removed and rerouted to accommodate development on the subject property. The 10-foot wide Public Utility Easement, located along southwest border of the parcel, was utilized for the re-routing of utilities. At approximately 7:32 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:32 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4213, vacating and abandoning a 4382 sq. foot portion of a 20-foot wide Public Utility Easement referred to as Easement 1, and an additional 4382 sq. foot portion of a 20-foot wide Public Utility Easement referred to as Easement 2, lying within Lot 1, Block 1 of the Letbetter Subdivision, Phase 1, Morgan Lector League A-46, according to the plat recorded in Volume 9980, Page 179, of the Official Records of Brazos County, Texas. The motion unanimously carried. 5.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4214 amendment to Appendix A, “Unified Development Ordinance,” Article 3, "Development Review Procedures," Section 3.2.G.2, “Specific Notice Requirements,” of the Code of Ordinances of the City of College Station, Texas, regarding replat notification. Alyssa Halle-Schramm, Planning and Development, stated that the plat approvals are intended to be ministerial actions and unless waivers or exceptions are requested, the state statute requires that a plat that meets all City standards be approved. Mrs. Hitchcock explained that in an attempt to expedite the subdivision platting process, the 86th Texas Legislature passed H.B. 3167, which included a new notification process for certain replats that meet all City standards—providing a notice of plat Page 14 of 145 RM100820 Minutes Page 5 approval to surrounding property owners in lieu of holding a public hearing. The proposed Unified Development Ordinance amendment adds the option to provide mailed notice of replat approval to surrounding property owners in accordance with state statute. The Planning & Zoning Commission heard this item at their September 3, 2020, regular meeting where they voted 6-0 to recommend approval. Staff recommends approval of the amendment. At approximately 7:38 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:38 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4214, amendment to Appendix A, “Unified Development Ordinance,” Article 3, "Development Review Procedures," Section 3.2.G.2, “Specific Notice Requirements,” of the Code of Ordinances of the City of College Station, Texas, regarding replat notification. The motion unanimously carried. 5.5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4215 vacating and abandoning a 10-foot wide portion of a Public Utility Easement lying within Lot 43 of the Woodland Hills Phase One Subdivision, according to the plat recorded in Volume 4027, Page 70, of the Official Records of Brazos County, Texas. Alma Guerra, Planning and Development, stated that this is an abandonment of a 10-foot wide portion of a Public Utility Easement lying within Lot 43 of the Woodland Hills Phase One Subdivision, according to the plat recorded in Volume 4027, Page 70, of the Official Records of Brazos County, Texas. The partial Public Utility Easement abandonment is proposed by the applicant as the 10-foot wide portion of the easement is no longer necessary. The remainder of the 20-foot Public Utility Easement is adequate to serve all existing public infrastructure. At approximately 7:50 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:50 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4215, vacating and abandoning a 10-foot wide portion of a Public Utility Easement lying within Lot 43 of the Woodland Hills Phase One Subdivision, according to the plat recorded in Volume 4027, Page 70, of the Official Records of Brazos County, Texas. The motion unanimously carried. 5.6. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4216 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 C-3 Light Commercial and R Rural to GC General Commercial on approximately 10 acres of land located at 4111 State Highway 6 South. Jesse Dimeolo, Planning and Development, stated that the applicant is requesting to rezone approximately 10 acres of undeveloped land located between State Highway 6 South and Midtown Page 15 of 145 RM100820 Minutes Page 6 Drive. If approved, the change in the zoning district boundaries from C-3 Light Commercial and R Rural to GC General Commercial would bring commercial opportunities to a vacant piece of land which sits near a major highway in the city. The applicant also stated that they believe the zoning change will allow for the development of commercial uses that are typical and standard adjacent to major freeways. The proposed GC zoning will accommodate for the highest and best use for the proposed area. Mr. Dimeolo explained that a portion of the subject property is located within the 100-year floodplain. The modified floodplain boundary/zoning boundary is based upon an updated hydrologic and hydraulic model prepared by Mitchell & Morgan, LP (Dated – May 2019). This flood study is not official or approved through FEMA but shall be considered better data and utilized for the development of the property. The development of the property will allow for the right-of-way dedication and partial construction of Town Lake Drive which will enhance connectivity to the existing thoroughfare system, especially better connecting the Frontage Road with Midtown Drive. The Planning & Zoning Commission heard this item at their September 17, 2020, Regular meeting where they voted 5-0 to recommend approval. Staff recommends approval of the rezoning. At approximately 7:54 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:54 p.m. 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. 2020-4216, 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 C-3 Light Commercial and R Rural to GC General Commercial on approximately 10 acres of land located at 4111 State Highway 6 South. The motion unanimously carried. 6.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. Mayor Mooney requested staff to bring back the future agenda item requested by Council on September 24, 2020 regarding the staff time spent completing Open Records Request and how it translate into the cost for the city. Councilmember Crompton requested a future agenda for a discussion on landscaping on the city’s collector and arterial streets. Councilmember Harvell requested a future discussion on the McCulloch Subdivision. 7.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 8:03 p.m. on Thursday, October 8, 2020. Page 16 of 145 RM100820 Minutes Page 7 ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 17 of 145 October 22, 2020 Item No. 4.2. Appraisal Services Renewal Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the renewal of six Master Agreements for Real Estate Appraisal Services: Duff & Phelps, LLC; JLL Valuation & Advisory Services, LLC; Lowery Property Advisors, LLC; Paul Hornsby & Company; S.T. Lovett & Associates; Valbridge Property Advisors with each agreement not to exceed $30,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approving the renewals of the Master Agreements. Summary: As a result of RFP No. 18-108, Request for Proposal of Real Estate Appraisal Services, six real estate appraisal firms were selected to prepare real estate appraisal reports and provide real estate consulting services to the City of College Station. Firms were evaluated based on qualifications, methodology, familiarity with the market area, rates and expenses, and references. The agreements with the six firms selected included the option to renew each contract for up to two (2) additional one (1) year terms (for a total of three (3) years). We are requesting to renew the Master Agreements for all six firms. This will be the second and final of two allowed renewals under these agreements. Typical appraisal assignments include the appraisal of public utility easements, public access easements, and temporary construction easements; the appraisal of partial fee simple takings; and the appraisal of whole tracts including park land and other municipal properties. Each agreement has a not-to-exceed amount of $30,000. In order to keep multiple projects going concurrently, staff will assign projects to these firms on a rotating basis. Budget & Financial Summary: Funds for appraisal services are budgeted for in the various accounts out of which the land will be purchased. In the case of land purchases for capital projects, the funds are budgeted as part of the capital project. Reviewed & Approved by Legal: No Attachments: 1.Pages from 19300011 R2 -- RF - (CC102220) 2.Pages from #19300010 R2 -- RF (CC102220) 3.Pages from 19300009 R2 -- RF - (CC102220) 4.Pages from 19300008 R2 -- RF - (CC102220) 5.Pages from 19300007 R2 -- RF (CC102220) Page 18 of 145 Page 19 of 145 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov September 8, 2020 ATTN: Mr. Steven Trent Lovett S.T. Lovett & Associates 3600 Lovett Ln College Station, TX 77845 RE: RFP#18-108, Contract #19300011 Renewal #2 Annual City-Wide Real Estate Appraisal Services Dear Mr. Lovett, The City of College Station appreciates the products and services provided by S.T. Lovett & Associates this past year. We would like to exercise our option to renew the above referenced agreement for the term of October 23, 2020 through October 22, 2021 with a contract amount of Thirty Thousand and 00/100 Dollars ($30,000.00). This is the second and last renewal for this contract. If this meets your company’s approval, please complete the following renewal agreement and return it no later than September 16, 2020 via e-mail to rforsyth@cstx.gov. Attachment C#19300011R2 S.T. Lovett 2Page 20 of 145 CONTRACT #19300011 RENEWAL #2 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #19300011 Renewal #2, for Annual City-Wide Real Estate Appraisal Services in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Thirty Thousand and 00/100 Dollars ($30,000). I understand this renewal term will be for the period beginning October 23, 2020 through October 22, 2021. This is the second and last renewal for this contract. S.T. LOVETT & ASSOCIATES CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ C#19300011R2 S.T. Lovett 3 Steve Lovett Owner 9/29/2020 9/30/2020 9/30/2020 Page 21 of 145 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov September 8, 2020 ATTN: Mr. Paul Hornsby PAUL HORNSBY & COMPANY 7600 N Capital of Texas Hwy, #B-210 Austin, TX 78731 RE: RFP#18-108, Contract #19300010 Renewal #2 Annual City-Wide Real Estate Appraisal Services Dear Mr. Hornsby, The City of College Station would like to exercise our option to renew the above referenced agreement for the term of October 23, 2020 through October 22, 2021 with a contract amount of Thirty Thousand and 00/100 Dollars ($30,000.00). This is the second and last renewal for this contract. If this meets your company’s approval, please complete the following renewal agreement and return it no later than September 16, 2020 via e-mail to rforsyth@cstx.gov. Attachment C#19300010R2 Paul Hornsby & Company 2Page 22 of 145 CONTRACT #19300010 RENEWAL #2 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #19300010 Renewal #2, for Annual City-Wide Real Estate Appraisal Services in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Thirty Thousand and 00/100 Dollars ($30,000). I understand this renewal term will be for the period beginning October 23, 2020 through October 22, 2021. This is the second and last renewal for this contract. PAUL HORNSBY & COMPANY CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ C#19300010R2 Paul Hornsby & Company 3 Paul Hornsby President 9/29/2020 9/30/2020 9/30/2020 Page 23 of 145 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov September 8, 2020 ATTN: Mr. Mark Lowery LOWERY PROPERTY ADVISORS, LLC 105 Decker Court, Suite 1000 Irving, TX 75062 RE: RFP#18-108, Contract #19300009 Renewal #2 Annual City-Wide Real Estate Appraisal Services Dear Mr. Lowery, The City of College Station appreciates the products and services provided by Lowery Property Advisors, LLC. We would like to exercise our option to renew the above referenced agreement for the term of October 23, 2020 through October 22, 2021 with a contract amount of Thirty Thousand and 00/100 Dollars ($30,000). This is the second and last renewal for this contract. If this meets your company’s approval, please complete the following renewal agreement and return it no later than September 16, 2020, via e-mail to rforsyth@cstx.gov. Attachment C#19300009R2 Lowery Property Advisors 2Page 24 of 145 CONTRACT #19300009 RENEWAL #2 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #19300009 Renewal #2, for Annual City-Wide Real Estate Appraisal Services in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Thirty Thousand and 00/100 Dollars ($30,000). I understand this renewal term will be for the period beginning October 23, 2020 through October 22, 2021. This is the second and last renewal for this contract. LOWERY PROPERTY ADVISORS, LLC CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ C#19300009R2 Lowery Property Advisors 3 Mark Lowery CEO 9/29/2020 9/30/2020 9/30/2020 Page 25 of 145 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov September 8, 2020 ATTN: Mr. Randy Williams JLL VALUATION & ADVISORY SERVICES, LLC 1703 W 5th Street, Suite 850 Austin, TX 78703 RE: RFP#18-108, Contract #19300008 Renewal #2 Annual City-Wide Real Estate Appraisal Services Dear Mr. Williams, The City of College Station appreciates the products and services provided by JLL Valuation & Advisory Services, LLC. We would like to exercise our option to renew the above referenced agreement for the term of October 23, 2020 through October 22, 2021, with a contract amount of Thirty Thousand and 00/100 Dollars ($30,000.00). This is the second and last renewal for this contract. If this meets your company’s approval, please complete the following renewal agreement and return it, no later than September 16, 2020 via e-mail to rforsyth@cstx.gov. Attachment Page 26 of 145 CONTRACT #19300008 RENEWAL #2 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #19300008 Renewal #2, for Annual City-Wide Real Estate Appraisal Services in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Thirty Thousand and 00/100 Dollars ($30,000). I understand this renewal term will be for the period beginning October 23, 2020 through October 22, 2021. This is the second and last renewal for this contract. JLL VALUATION & ADVISORY SERVICES, LLC CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ Randy A Williams Executive Vice President 9/29/2020 9/30/2020 9/30/2020 Page 27 of 145 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov September 8, 2020 ATTN: Mr. Dan Carlson DUFF & PHELPS, LLC 1111 Bagby Street, Suite 1900 Houston, TX 77002 RE: RFP#18-108, Contract #19300007 Renewal #2 Annual City-Wide Real Estate Appraisal Services Dear Mr. Carlson, The City of College Station appreciates the products and services provided by Duff & Phelps, LLC. We would like to exercise our option to renew the above referenced agreement for the term of October 23, 2020 through October 22, 2021 with a contract amount of Thirty Thousand and 00/100 Dollars ($30,000.00), based on the original contract amount. This is the second and last renewal for this contract. If this meets your company’s approval, please complete the following renewal agreement and return it, no later than September 16, 2020 via e-mail to rforsyth@cstx.gov. Attachment Page 28 of 145 CONTRACT #19300007 RENEWAL #2 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #19300007 Renewal #2, for Annual City-Wide Real Estate Appraisal Services in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Thirty Thousand and 00/100 Dollars ($30,000.00). I understand this renewal term will be for the period beginning October 23, 2020 through October 22, 2021. This is the second and last renewal for this contract. DUFF & PHELPS, LLC CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ Daniel P Carlson Managing Director 9/30/2020 10/1/2020 10/1/2020 Page 29 of 145 October 22, 2020 Item No. 4.3. Annual price agreements for Electric Three Phase Pad-Mounted Transformers Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of the of the City’s annual price agreements for Electric Three Phase Pad-Mounted Transformers with estimated annual expenditures for KBS Electrical Distributors in the amount not to exceed $900,204. The total recommended award is for an amount not to exceed $900,204 for FY 20-21 and possibly two one- year renewals. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Recommendation(s): Staff recommends award of the annual price agreement with KBS Electrical Distributors for an amount not to exceed $900,204. These estimates are contract estimates and within past fiscal year’s history for city-wide electrical warehouse needs. Summary: Staff issued Bid #20-077 on August 20, 2020, for Electric Warehouse Three-Phase Pad- Mount Transformers. Ten (10) sealed proposals were received and were reviewed by Electric Staff to ensure the compliance of needed specifications. The award for Three Phase Pad-Mounted Transformers will be for a one (1) year price agreement with an option to renew two (2) additional one (1) year contracts. Upon Council approval, staff will issue a blanket order to be used by Electric Warehouse throughout the year. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued to staff. Reviewed & Approved by Legal: No Attachments: 1.20-070 3 Phase Transformers Bid Award Tabulation Page 30 of 145 Bid#20-070 Award Tabulation Vendor Manufacturer Cumulative Price TEC Alt Ermco 408,672.00$ KBS Ermco 900,204.00$ TEC Ermco 906,274.00$ Wesco Ermco 925,341.00$ Anixter Ermco 945,207.00$ Techline Howard 983,977.00$ KD Johnson/WEG WEG 997,095.00$ KBS Alt WEG 1,021,297.00$ Priester-Mell & Nicholson WEG 1,027,953.00$ Wesco Alt ABB 1,086,918.00$ Bid#20-070 Bid Tabulation 9/24/202012:00 PM Page 31 of 145 October 22, 2020 Item No. 4.4. Brazos County Jail ILA Sponsor:Billy Couch, Assistant Chief of Police Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the renewal of the Inter- Local Agreement with Brazos County for housing College Station Class C Misdemeanor prisoners in the Brazos County Jail. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Recommendation(s): Recommend Council receive information and approve ILA authorizing housing of City College Station Class C Misdemeanor prisoners at their facility. Summary: The new police department does not have a holding facility to house Class C Misdemeanor prisoners. State law mandates that the local sheriff accept and house all arrestees from agencies within the county that are Class B Misdemeanor and above. This contract is being submitted to facilitate the Brazos County Sheriff's Office to accept and house any City of College Station Class C Misdemeanor prisoners. Budget & Financial Summary: Estimated to cost no more than $50,000 per fiscal year based on $55.00 per prisoner per day. Reviewed & Approved by Legal: No Attachments: 1.ILA CSPD Inmate Housing 9-25-20 Page 32 of 145 Brazos County Class C Prisoner ILA Page 1 of 8 Contract No. 21300028 INTERLOCAL COOPERATIVE AGREEMENT PROVIDING FOR THE HOUSING OF PRISONERS FROM THE CITY OF COLLEGE STATION, TEXAS IN THE BRAZOS COUNTY JAIL THE STATE OF TEXAS § COUNTY OF BRAZOS § THIS INTERLOCAL AGREEMENT (Agreement) is between the City of College Station, a Texas Home Rule Municipal Corporation (City) and the County of Brazos (County), a political subdivision of the State of Texas is made pursuant to the provisions of the Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791 which authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested; WHEREAS, it has been found and determined by the County of Brazos, Texas Commissioners’ Court, and by the College Station City Council that utilizing only one jail facility to serve City law enforcement and the County shall result in increased efficiency and economy to County and City citizens; WHEREAS, the County Jail and its attendant facilities are adequate to serve all law enforcement agencies of the entire County; and WHEREAS, the County and the City desire to enter into an agreement by which the County will house in its County Jail, and offer care for, City Prisoners of according to the terms and conditions as set forth herein; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to the parties herein named, it is agreed as follows: I. PURPOSE 1.01 The Agreement’s purpose is to provide a method whereby City Prisoners are transported directly to the County Jail for confinement coordinate booking and dentition and for the expenses for feeding care, housing and upkeep of City Prisoners. II. TERM AND TERMINATION 2.01 Term. This Agreement commences on the Effective Date. The initial Agreement term is for one (1) year. After the initial term the Agreement will automatically renew for successive one (1) year terms, unless either party terminates. 2.02 Termination. The County may terminate this Agreement by giving the City at least ninety (90) days advanced written notice to the City Manager and Chief of Police. The City may terminate this Agreement by giving the County ninety (90) days advanced written notice to the County Judge. Such notice of termination notices must be sent by certified mail return receipt requested. Page 33 of 145 Brazos County Class C Prisoner ILA Page 2 of 8 Contract No. 21300028 III. DEFINITIONS 3.01 City Prisoner means (a) a person arrested by a law enforcement officer either with or without a warrant for a Class C Misdemeanor filed in the City Municipal Court or any other person held solely at the request of City law enforcement and held in the County Jail before the issuance of a jail commitment order by a magistrate, or (b) a person arrested solely for violating of a City Ordinance or held on City convictions. 3.02 County Jail means The Brazos County Detention Center operated by the Sheriff located at 1835 Sandy Point Road, Bryan, Texas 77807. 3.03 Prisoner Day means the day of admission and any subsequent day beginning at 12:00 midnight when the prisoner is incarcerated longer than four (4) hours. 3.04 State Prisoner means a person arrested by a law enforcement officer either with or without a warrant for a Class A or B Misdemeanor or any Felony offense violating a state statute and held in the County jail after the issuance of a jail commitment order by a magistrate. IV. PROVISION OF JAIL SPACE 4.01 The County agrees to accept the custody of any City Prisoner delivered at the County Jail by the City provided the prisoner does not require immediate medical attention before booking. 4.02 The County accepts City Prisoners who have an injury or illness after the City has obtained initial medical treatment for such prisoners, a fit for incarceration from a doctor or when a prisoner has refused medical treatment from a doctor, unless incarceration poses a significant health risk to the City Prisoner or others. The arresting officer before booking shall, furnish the Sheriff with reports showing any medical treatment, or that treatment was offered and refused by the City Prisoner. Further medical attention provisions are in Section VIII herein. 4.03 If applicable, the County agrees to give preference and priority accepting the City Prisoners pursuant to the County’s agreements with various other political subdivisions of the State regarding housing their inmates. V. LIABILITY FOR EXPENSES 5.01 The County is liable for all expenses incurred while providing the safekeeping of prisoners confined in the County Jail pursuant to this Agreement and their personal effects, except as otherwise provided in the Agreement. VI. PRISONER BOOKING AND DOCUMENT MAINTENANCE 6.01 The City will follow all existing County Jail booking policies and procedures and any changes by the County Sheriff after providing the City written notice of the changes. 6.02 The Sheriff will photograph and fingerprint City Prisoners as is consistent with other County Jail inmates. City Prisoners’ photographs and fingerprints must be maintained consistent Page 34 of 145 Brazos County Class C Prisoner ILA Page 3 of 8 Contract No. 21300028 with other County Jail prisoners. Copies of fingerprints and photographs are available to the City upon request and as available. 6.03 The City assumes responsibility for updating City Prisoner records through the Texas Department of Public Safety Crime Records Service and Federal Bureau of Investigation as is consistent with State and Federal policies. The County ensures appropriate reporting to State and Federal entities for State prisoners introduced by the City, with copies of “rap” sheets requested on behalf of the City. 6.04 The Sheriff will supply an electronic copy of an arraignment list to the City Municipal Court, Marshals and Police Department reflecting City Prisoners remaining in custody and in need of arraignment on each day by 8:00 a.m. to allow for arraignment scheduling before the City Municipal Court Judge. 6.05 The City shall comply with all applicable laws under this Agreement, including timely bond determinations for City Prisoners. The City and County agree that the City’s Presiding Municipal Court Judge and Associate Judges shall perform magistration duties for City Prisoners and shall set necessary bonds. The City agrees to magistrate City Prisoners within twenty-four (24) hours of a warrantless arrest. In addition, the City agrees to magistrate City Prisoners within forty-eight (48) hours of an arrest on a warrant. The Parties further agree that in the absence of timely magistration, the County shall release the prisoner on a cash or personal bond in accordance with, and in an amount set by, the then current standing orders issued by the City’s Presiding Municipal Court Judge. VII. BONDS AND FINES COLLECTION 7.01 The County is not responsible for accepting bonds and payment of fines relating to offenses filed in City’s Municipal Court. VIII. MEDICAL ATTENTION 8.01 If it is obvious that immediate medical or mental health attention is needed by any City Prisoner at the time of arrest, or while still in the custody of the arresting officer, the City is solely responsible for attempting to obtain satisfactory medical attention for such City Prisoner before delivering to the County Jail. 8.02 The County Jail offers all City Prisoners booked into the County Jail the same level of medical treatment received by State Prisoners for routine medical treatment in the County Jail at no additional cost to the City. The City will be advised of any medical problem(s) that a City Prisoner may develop. If a City Prisoner develops a major medical problem, which requires immediate hospitalization or emergency room services, the County Jail physician will stabilize the patient affected to the extent it is practical to do what is necessary for stabilization before transfer to an appropriate medical facility, and the City will be notified. However, if the apparent condition of the patient-prisoner is such that it appears to the health care provider in the County Jail Infirmary to be an emergency and delay could be harmful or possibly life-threatening, immediate hospitalization will be deemed necessary and the transfer to an appropriate medical facility will be immediate. The City will be notified as soon as practical under these circumstances; however, the Page 35 of 145 Brazos County Class C Prisoner ILA Page 4 of 8 Contract No. 21300028 City’s consent for such transfer under these circumstances will be unnecessary and the City will be responsible for the medical services costs incurred by a City prisoner under such circumstances. 8.03 If any major medical problem of a City Prisoner as described in §8.02 is determined to have been caused by the act, omission, or negligence of the County of Brazos, its employees, or its agents, then the County of Brazos is solely responsible for paying any and all medical expenses related to such injury and release the City from any claims related to or arising out of the incident. 8.04 If a City Prisoner requires medical or mental health treatment services not provided by the County Jail or hospitalization for longer than three (3) hours, the City shall provide, at its expense, sufficient and appropriate personnel for prisoner supervision. The City shall provide the Sheriff contact information for the on-shift supervisor and an alternate contact. The contact person must be available 24 hours a day to notify the City of the need for medical or mental health treatment services. The City may authorize the release of the City prisoner in lieu of providing security. IX. RELEASE OF PRISONERS 9.01 City Prisoners are not to be released before serving their fines, including any credits allowed by law without the permission of the City Municipal Court Judge. X. COSTS 10.01 The City agrees to pay the sum of FIFTY-FIVE DOLLARS AND NO CENTS ($55.00) per prisoner day for each City Prisoner in consideration of which the Sheriff will operate and maintain a County Jail and assuming responsibility for the City Prisoners’ incarceration consistent with applicable statutes of the State of Texas and the laws of the United States of America for detention. The Sheriff will send the City a detailed invoice for the previous month. The City will pay any undisputed invoices no later than thirty (30) days after receiving the invoices. 10.02 The City will be billed for each prisoner day from admission until arraignment by a magistrate for State law municipal charges. City ordinance violations shall be billed per Prisoner Day until released by the City Municipal Court Judge. 10.03 Such costs may be audited by the County each August and may be readjusted by either an increase or decrease each year beginning on October 1st, based on the previous year’s historical data on the actual cost of holding prisoners. In any Agreement term the County may not increase the Agreement costs by ten percent (10%) per year. XI. INSPECTION OF BOOKS AND RECORDS 11.01 The County of Brazos will maintain complete books and records of all City Prisoners. Books and records may be inspected at any time during regular business hours. 11.02 On or before the one-hundred-twentieth (120th) day after the end of the County of Brazos’ fiscal year, the County of Brazos will supply, upon written request, the City an annual statement of all applicable bookings received at the Brazos County Jail on behalf of the City of College Station during the preceding fiscal year. Such annual statements shall be prepared in such detail Page 36 of 145 Brazos County Class C Prisoner ILA Page 5 of 8 Contract No. 21300028 and on such forms as are determined to be mutually satisfactory to the County of Brazos and the City. The City by written notice to the Brazos County Auditor’s Office, may request other financial or statistical reports from the County of Brazos from time to time. 11.03 The County will keep available for a period of three (3) fiscal years after each year of operations, the County accounting records for such year and other pertinent information required by the provisions of this Agreement. Such records of account shall be accessible during usual business hours to the City or its duly authorized agents or auditors for the purpose of verifying the information set forth in any annual statement, as described herein, or for the purpose of verifying compliance by the County with the terms of this Agreement. 11.04 Upon written notice at any time within three (3) years after the end of any fiscal year of operations, the City of may cause, without cost to the County, an inspection and audit to be made of the records of the County of Brazos relating to the operations on the City’s behalf. Such audit will be made to determine the correctness of the computation of payments made in the annual statement for the preceding year. If, as a result of such inspection and audit, it is established that refunds are due the City, the County shall, upon written notice by the City, pay such refunds within thirty (30) days of such notice and the City will do the same if the computation is reverse. XII. GENERAL TERMS 12.01 Interlocal Cooperation Act. Each Party to this Agreement is a local government as defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by either Party of its right to claim such exemptions, privileges, and immunities as may be provided by the Constitution and the Laws of the State of Texas. No separate legal entity is created by this Agreement. 12.02 Amendment. The terms and conditions of this Agreement may be amended upon mutual consent of all Parties. Mutual consent will be demonstrated by approval of each governing body of each Party hereto. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing, duly approved and signed by the authorized representatives of both Parties. 12.04 Hold Harmless. To the extent permitted by the Constitution and the laws of the State of Texas and subject to the limitations as to liability and damages in the Texas Tort Claims Act and without waiving its governmental immunity, each party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused or asserted to have been caused directly or indirectly by any other party to this Agreement or any of its officers, agents or employees, or as the result of its performance under this Agreement. 12.05 City Liability. The City shall be responsible for all suits, claims, damages, losses, or expenses, including reasonable attorney’s fees, arising out of the City’s performance or non- performance of the services and duties herein stated, but only in regard to transfer of prisoners by and duties herein assigned to the City and specifically excluding the actual incarceration of any prisoners by the County of Brazos. The City of College Station retains full responsibility for each prisoner until that prisoner has been processed into the Brazos County Jail. Page 37 of 145 Brazos County Class C Prisoner ILA Page 6 of 8 Contract No. 21300028 12.06 County Liability. The County shall be responsible for all suits, claims, damages, losses and expenses, including reasonable attorney’s fees, arising out of the County’s performance or non-performance of the services and duties herein stated, buy only in regard to the actual holding and incarceration of prisoners by the County in the County Jail and specifically excluding the transfer of prisoners to and from the County Jail. 12.07 Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter of this Agreement. No oral understandings, statements, promises, or inducements contrary to the terms of this agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 12.08 Venue and Choice of Law. 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 and venue shall be in any court having jurisdiction in Brazos County. 12.09 Authority to Contract. Each Party has the full power and authority to enter into and perform this Agreement and the person signing this agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. The persons executing this agreement hereby represent that they have authorization to sign on behalf of their respective governmental bodies 12.10 Compliance with the Prison Rape Elimination Act. The Brazos County Jail as an operation of the Brazos County Office of Sheriff will comply with the Prison Rape Elimination Act (PREA). The Brazos County Jail has a Zero Tolerance Policy regarding sexual abuse and sexual harassment. The Detention Center will conduct a background investigation on all employees, volunteers, students, or other contractors that may have contact with inmates. Background checks will be conducted at least every five (5) years. The Sheriff shall ensure that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the agency’s sexual abuse and sexual harassment prevention, detection, and response policies and procedures. Any contractor or volunteer who engages in sexual abuse is prohibited from contact with inmates and shall be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was clearly not criminal. The Sheriff will take appropriate remedial measures and prohibit further contact with inmates in the case of violation of sexual abuse or sexual harassment policies. The City has an affirmative duty to disclose any misconduct in violation of the sexual abuse and sexual harassment policy. Material omissions regarding such misconduct, or the provision of materially false information, are grounds for termination of this agreement 12.11 Waiver. Failure of any Party, at any time, to enforce the provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this agreement, any part hereof, or the right of either Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be Page 38 of 145 Brazos County Class C Prisoner ILA Page 7 of 8 Contract No. 21300028 in writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach 12.12 Savings Clause. If one or more provisions or terms contained in this Agreement shall, for any reason, be held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained herein. 12.13 Notice. Any official notices by one Party to another must be in writing sent by certified mail return receipt requested, properly addressed to the respective Parties as stated below. Any other day to day communication by the Parties’ staff may be by any other means of sufficient communication. CITY OF COLLEGE STATION, TEXAS: BRAZOS COUNTY, TEXAS: City Manager County Judge P.O. Box 9960 200 S. Texas Ave., Suite 332 College Station, Texas 77842 Bryan, Texas 77803 Chief of Police P.O. Box 9960 College Station, Texas 77842 12.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes 12.15 Effective Date. This Agreement is effective on October 1, 2020. This Agreement supersedes and terminates the prior agreement with contract number 19300591. Page 39 of 145 Brazos County Class C Prisoner ILA Page 8 of 8 Contract No. 21300028 CITY OF COLLEGE STATION By: _______________________________ Mayor Date: ______________________________ ATTEST: _____________________________________ City Secretary Date: ________________________________ APPROVED: _____________________________________ City Manager Date: ________________________________ _____________________________________ Assistant City Manager/CFO Date: ________________________________ APPROVED AS TO FORM: _____________________________________ City Attorney Date: ________________________________ BRAZOS COUNTY By: ________________________________ Duane Peters, County Judge Date: _______________________________ ATTEST: _____________________________________ Karen McQueen, County Clerk Date: ________________________________ APPROVED AS TO FORM: ____________________________________ Bruce Erratt, Civil Counsel Date: ________________________________ ACKNOWLEDGED AND ACCEPTED: ____________________________________ Chris Kirk, Brazos County Sheriff Date: ________________________________ Page 40 of 145 October 22, 2020 Item No. 4.5. Annual Price Agreements for Electric Warehouse Inventory Materials Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of the City’s Annual Price Agreements for Electric Warehouse Inventory Materials with estimated annual expenditures of Anixter Inc. for $32,803, KBS Electrical Distributors for $288,083, Techline for $999,886, and Wesco Distribution for $30,530. The total recommended award is for an amount not to exceed $1,351,302. Relationship to Strategic Goals: Core Services and Infrastructure Financial Sustainability Recommendation(s): Staff recommends award of the annual price agreement with Anixter Inc. for $32,803, KBS Electrical Distributors for $288,083, Techline for $999,886 and Wesco Distribution for $30,530. These estimates are contract estimates and within past fiscal year’s history for city-wide electrical warehouse needs. Summary: Staff issued Bid #20-069 on August 24, 2020, for Electric Warehouse Inventory Items. Five (5) sealed proposals were received and were reviewed by Electric Staff to ensure the compliance of needed specifications. The award for Electric Inventory Items will be for a one (1) year price agreement with an option to renew two (2) additional one (1) year contracts. Staff recommends award the contracts for these Electrical Warehouse Inventory Items as shown: 1. Techline, Inc. $ 999,886 2. KBS Electrical Distributors $ 288,083 3. Anixter, Inc. $ 32,803 4. Wesco Distribution $ 30,530 Grand Total $1,351,302 Upon Council approval, staff will issue a blanket contract to each vendor, to be used by Electric Warehouse throughout the year. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued to staff. Reviewed & Approved by Legal: No Attachments: 1.Tabulation 20-069 Page 41 of 145 Page 42 of 145 Bid #20-069 Annual Price Agreement for Electrc Warehouse Items Item No.Est. Qty Description City Inventory Number Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price A-1 500 Disconnectable Secondary Transformer Connector, 350 MCM aluminum secondary transformer bar connector, Insulated. CMC Catalog No. RLSS3506SLI or pre-approved equal. 285-008-00007 $11.57 $5,785.00 A-2 300 Disconnectable Secondary Transformer Connector, 500 MCM aluminum secondary transformer bar connector, Insulated. Polaris PSMTLECC500-6SLP or pre-approved equal. 285-008-00008 $20.41 $6,123.00 A-3 1000 Flood-Seal, Muli-port Secondary Connector, 6 port, Range: #12-500. Homac Cat. No. RAB-65-C or pre- approved equal 285-008-00012 $24.60 $24,600.00 A-4 100 Deadbreak T -OPII Connector, 600 Amp, with 200 Amp loadbreak reducing tap plug, 15 kv 110 kV BIL. Cooper Cat. No. TP615HH27TC, No Substitutions. 285-022-00036 $345.00 $34,500.00 A-5 25 Inline Splice, 200 Amp, 15 kV, 95 kV BIL. 3M Catalog No. 5411A-C1 1/0. No Substitutions 285-076-00002 $31.25 $781.00 A-6 100 Splice Re-jacketing Kit, cold shrink type, to be used with 1/0 & 4/0, 3M 15kV JCN Molded Rubber Splices. 3M Catalog No. SJ-2FB No Substitutions 285-076-00005 $49.00 $4,900.00 A-7 150 Inline Splice, 600 Amp, 15 kV, 95 kV BIL, 3M Catalog No. QA4-15JCN-QCI-500-1000. No Substitutions 285-076-00007 $390.00 $58,500.00 A-8 200 Elbow Arrester, 10kV Duty Cycle, 8.4kV MCOV Rating. Cooper Catalog No. 3238018C010M, or pre-approved equal. 285-082-00005 $55.65 $11,130.00 A-9 100 1000MCM Termination Kit w/Mounting Bracket and Shearbolt Lug, outdoor, 15 kV, 110 kV BIL, Cat #7655-S-4-1000- CSU No Substitutions 285-082-00010 $268.00 $26,800.00 A-10 150 1/0 to #2 Termination Kit w/Top Seal Insulator, Transition Connector, and Mounting Bracket, Silicone Rubber Skirted Termination Kit, QT-III, 3M Cat# 7652-S-4-TI-1/0-CSU No Substitutions 285-082-00016 $121.00 $18,150.00 A-11 100 Parking Stand Arrester, 10kV Duty Cycle, 8.4 MCOV Rating. Cooper Catalog No. 3237686C10M, or pre-approved equal. 285-082-00022 $131.00 $13,100.00 A-12 1000 Loadbreak Elbow, Jacket Seal Type, 200 Amp, 15 kV, 95 kV BIL Elastimold Catalog No. 166LRJS-C-5240, or pre- approved equal. 285-082-00028 $28.50 $28,500.00 A-13 1500 Loadbreak Bushing Insert, 200 amp, 15 kV, 95 kV BIL Class. Cooper Catalog No. LBI215, or pre-approved equal 285-095-00006 $20.20 $30,300.00 WESCOANIXTER KBS TECHLINE Group "A" Materials - 15kV Underground Cable Accessories BID #20-069 VENDOR AWARDS BiD #20-069 Vendor Awards 1 Page 43 of 145 Bid #20-069 Annual Price Agreement for Electrc Warehouse Items Item No.Est. Qty Description City Inventory Number Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price WESCOANIXTER KBS TECHLINEBID #20-069 VENDOR AWARDS A-14 300 Underground Fault Circuit Indicator, single-phase, 4 hour reset time, large core, remote fiber optic LED indication Smart Grid Cat# FI-3CS04NC-M-F, No Substitutions 285-111-00001 $139.50 $41,850.00 A-15 500 Underground Faulted Circuit Indicator, single-phase, secondary reset, remote large face visual display, with 3' remote cable lead. SEL Cat# 1SRL0200IRW No Substitutions 285-111-00002 $138.00 $69,000.00 A-16 100 Pull Tape (Mule Tape), 2500lb Strength, 3000ft Reel Fibertek #WP2500-3 or pre-approved equal M285-095-00001 $116.00 $11,600.00 A-17 150 Protective Cap, 200 Amp, insulated, 15 kV, 95 kV BIL Class. Cooper Catalog No. LPC215, or pre-approved equal.M285-095-00004 $19.10 $2,865.00 B-1 200 Riser Pole Arrester 10 KV, MOV Arrestor, 10kv 8.4 MCOV, with Crossarm Mounting Bracket Ohio Brass Catalog No. PVR- 221609-7324 or pre-approved equal 285-003-00005 $32.95 $6,590.00 B-2 600 Arrester & Bracket for Polemount Transformers, Heavy Duty MOV Arrestor, 10KV 8.4 MCOV, with Transformer Bracket. Cooper Catalog No. UHS10050A1C1D1A, or pre-approved equal 285-003-00007 $28.48 $17,088.00 B-3 500 Polymer Bell Insulator, 35kV, Clevis - Tongue Ohio Brass Catalog No. 401035-0215 or pre-approved equal 285-035-00008 $11.65 $5,825.00 B-4 1000 Polymer Vise Top Insulator, 35kV, Universal Insert, 1-3/8" Mounting Pin Diameter Preformed Catalog No. IP-35-VTU-2, No Substitutions 285-035-00013 $19.60 $19,600.00 B-5 500 100 Amp Polymer Cut-Out, 15kV, 100 kV BIL, 16,000 Interrupt Capacity, Extended NEMA Bracket Hubbell CP710114PX or pre-approved equal 285-028-00001 $72.98 $36,490.00 B-6 500 Conduit Standoff Bracket Barfield #BASOCL-6-12H, No Substitutions 285-047-00108 $30.85 $15,425.00 B-7 500 Bolt Clamp for Metal Banding Strap, Bolt/Clamp, Use with Max. 1-1/4" width band. Band-It D50489, No Substitutions 285-047-00120 $25.14 $12,570.00 B-8 500 Pole Setting Foam, Utility Structural Systems Poly-set Cat# PS225W or pre-pre-approved equal. 285-065-00019 $70.15 $35,075.00 B-9 2000 Arrestor Protective Cap, Arrestor Cap Feed Through, Kaddas KE1053 or pre-approved equal M285-003-00008 $8.98 $17,960.00 B-10 2000 1/0 H-Tap Copper Connector Blackburn CF1010-1 No Substitutions M285-022-00003 $1.75 $3,500.00 B-11 500 477 to 477 Shoot-On Connector Ampact #1-602031-3, No Substitutions M285-022-00012 $26.82 $13,410.00 B-12 1000 Transformer Grounding Lug, #8 Solid to 2/0 STR, Bronze Hubbell #GTC34A or pre-approved equal M285-022-00026 $3.27 $3,270.00 B-13 500 477 AAC Stirrup Ampact #602047, No Substitutions M285-022-00082 $52.32 $26,160.00 Group "B" Materials - Overhead Cable and Pole Accessories BiD #20-069 Vendor Awards 2 Page 44 of 145 Bid #20-069 Annual Price Agreement for Electrc Warehouse Items Item No.Est. Qty Description City Inventory Number Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price WESCOANIXTER KBS TECHLINEBID #20-069 VENDOR AWARDS B-14 500 Cut-Out Protector, Plastic Dip Moldings #PDM-4991 or pre- approved equal M285-028-00003 $20.00 $10,000.00 B-15 500 5/8" Ground Rod Clamp, Fargo GC268 or pre-approved equal M285-047-00025 $6.50 $3,250.00 B-16 500 Parallel Groove Connector, Hubbell LC811AXB, No Substitutions M285-047-00030 $3.70 $1,850.00 B-17 80 Small Hotline Clamp, for Copper Conductor, Bronze Alloy body Maclean #C1520 or pre-approved equal M285-065-00019 $6.50 $520.00 C-1 30 Pull Box, 36"x60"x48" CDR/Quazite Catalog No. A143660529XH1 or pre-approved equal.285-045-00007 $1,059.00 $31,770.00 C-2 30 Pull Box, 48”x96”x48” CDR/Quazite Catalog No. A6004896TAPCX48, or pre-approved equal.285-045-00008 $2,652.00 $79,560.00 C-3 30 Pull Box Extension 24” for a 48”x96”x48” pull box CDR Cat# A6001449PCX12, NOTE: Item C-2 and C-3 to be same manufacturer 285-045-00012 $1,150.00 $34,500.00 C-4 5 Torsion Assist Cover, Please provide price and deliver for Torsion-assist lids to be mounted to above Item B-2 (Items may be purchase at later date to mount on Item B-2 pull boxes.) 285-045-00013 $6,450.00 $32,250.00 C-5 300 Secondary Pedestal, Base Dimensions: 31" x 31". Nordic Fiberglass PSP-151530-MG or pre-approved equal 285-045-00009 $109.00 $32,700.00 C-6 200 Transformer Box Pads, Molded Fiberglass, 15" H x 37" W x 43" D .Top Opening 22" x 24" Highline Products #HL374315-2224 or pre-approved equal 210-017-00001 $179.65 $35,930.00 D-1 100 Heavy Duty Deadend, 8’, Fiberglass, w/ Braceless mounting bracket & eye nuts, Shakespeare # IDB096G12242 or pre-approved equal 285-047-00088 $194.00 $19,400.00 D-2 200 Standard Duty Crossarm, 8’, Fiberglass, w/ Braceless mounting bracket, Pupi #TB220009603X2 or pre-approved equal 285-047-00093 $87.00 $17,400.00 D-3 200 Standard Duty Crossarm, 10’, Fiberglass, w/ Bracesless mounting bracket, Pupi #TB220012005X2 or pre-approved equal 285-047-00094 $103.00 $20,600.00 D-4 100 Heavy Duty Deadend, 10’, Fiberglass, w/ Braceless mounting bracket & eye nuts, Shakespeare # IDB096G12242 or pre-approved equal 285-047-00099 $215.00 $21,500.00 Group "C" Materials - Pull Boxes and Utility Enclosures Group "D" Materials - Fiberglass Crossarms BiD #20-069 Vendor Awards 3 Page 45 of 145 Bid #20-069 Annual Price Agreement for Electrc Warehouse Items Item No.Est. Qty Description City Inventory Number Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price WESCOANIXTER KBS TECHLINEBID #20-069 VENDOR AWARDS E-1 50 LED Cobrahead Light Fixture, Autobahn LED Roadway, LED 50, Bronze American Electric Lighting (AEL) ATBS-G- MVOLT-R2-3K-BZ-NL-XL-P5 No Substitutions 285-056-00015 $173.00 $8,650.00 E-2 50 LED Cobrahead Light Fixture, Autobahn LED Roadway, LED 130, Bronze American Electric Lighting (AEL) ATBM-F- MVOLT-R3-BZ-NL-XL-P5 No Substitutions 285-056-00017 $320.00 $16,000.00 E-3 50 LED Cobrahead Light Fixture, Autobahn LED Roadway, LED 210, Bronze American Electric Lighting (AEL) ATBL-D- MVOLT-R3-BZ-NL-XL-P5 No Substitutions 285-056-00018 $480.00 $24,000.00 E-4 30 LED Decorative Light Fixture, Holophane Acrylic Washington Postlite Series Luminarie, Holophane AWDE2P5040KASMBZ3NNNL1X1UARFD290435, No Substitutions 285-056-00016 $1,095.00 $32,850.00 F-1 25 ADMO Class Motor Operator - Reciprocating Motion, type BR for distribution automation. Cleaveland/Price CB29AA04G001 No Substitutions 285-079-00014 $6,490.00 $162,250.00 F-2 25 ADMO Class Motor Operator - Torsional Motion, type BT-D for distribution automation. Cleaveland/Price CB28AA11G01 No Substitutions 285-079-00015 $6,595.00 $164,875.00 AWARD TOTAL $32,803.00 AWARD TOTAL $288,083.00 AWARD TOTAL $999,886.00 AWARD TOTAL $30,530.00 Group "E" Materials - Streetlight Fixtures Group "F" Materials - Motor Operators BiD #20-069 Vendor Awards 4 Page 46 of 145 October 22, 2020 Item No. 4.6. Ordinance amending Chapter 10 “Traffic Code”, to include No Parking Here To Corner/Intersection to remove vehicle parking at Entrance/Exit to public garage/parking areas and at specific intersections in the Northgate District. Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” by removing street parking at entrances and exits to public garages and parking areas and at certain intersections in the Northgate District. Relationship to Strategic Goals: Core services and infrastructure, neighborhood integrity Recommendation(s): Staff recommends approval of the ordinance amendment Summary: The purpose of this ordinance is to add “No Parking Here to Corner” signage at entrances & exits to public garage/parking areas with more than 10 parking spaces and also addresses 4 specific intersections where no existing ordinance addresses vehicle, pedestrian and cyclists sight clearance concerns in the Northgate District. These are locations without an adjoining sidewalk, crosswalk, or traffic control device. College Station Northgate Staff received numerous complaints and requests from Northgate property managers, owners & residents regarding sight clearance issues at specific driveways & intersections in the Northgate District. These concerns were researched by Staff, and a solution was brought forward and approved by the Traffic Management Team on 06-22-2020. A Northgate Stakeholder meeting was held on 7-22-2020 to discuss the proposed changes with interested residents and property owners. Apartment managers of properties immediately adjacent to the parking removal areas were very supportive of the City moving forward with this ordinance. Two other attendees understood the safety aspect of the removal of parking and were not against it but were frustrated at the removal of more parking spaces in the Northgate District. To improve safety, mobility, and emergency vehicle access along these streets, the City of College Station Traffic Management Team recommended approving this ordinance. Budget & Financial Summary: The “NO PARKING” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Reviewed & Approved by Legal: No Attachments: 1.Attachment 2 - Location Map 2.Attachment 1 - CH 38 No Parking Ord Intersection and Driveways NorthGate (1) Page 47 of 145 400 Block Stasney 300 Block Boyett 400 Block Boyett 400 Block Second Street C H U R C H A V E N U EFIRST STREETCOLLEGE MAINNAGLE STREETBOYETT STREETTAUBER STREETSTASNEY STREETC R O S S S T R E E T S P R U C E S T R E E T MILAM AVENUEIN L O W B O U L E V A R D DOGWOOD STREETL O U I S E AV E N U E C R O S S S T R E E T = * Intersection ordin ance (30 feet from intersection) = ** Pa rking lot d riveway ordin ance (20 feet from exit) = Metered Parkin g Rem oved (1) . Northgate DistrictIntersection/Drivew ay Ordinance ** Block areas (green) shown are not areas of parking removal, just blocks where existing driveways with10+ parking spots where parking will be prohibited within 20' of existing driveway exit. * Intersections (blue) shown are not affected at all corners. Only those corners that do not have an existing or adjoining sidewalk/crosswalk ortraffic control device present is where parking willbe prohibited within 30' of the intersection. = Intersection sight clearance concern= D riveway sight clearance concern Page 48 of 145 Ordinance Form 8-14-17 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1014 “TRAFFIC SCHEDULE XIV, NO PARKING HERE TO CORNER AND NO PARKING AT ANY TIME,” BY REMOVING PARKING ON CERTAIN STREETS AT INTERSECTIONS AND DRIVEWAYS IN NORTHGATE, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 49 of 145 ORDINANCE NO. _______Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 50 of 145 ORDINANCE NO. _______Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules”, Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” is hereby amended by adding the following: No parking, stopping or standing within thirty (30) feet of an intersection at: 1.Spruce Street and Boyett 2.Boyett Street and 200 Cherry Street 3.Nagle Street and Inlow Blvd. 4.Dogwood Street and Inlow Blvd. No parking, stopping or standing within twenty (20) feet on both sides of an exit only driveway from a parking lot or parking structure providing parking to ten (10) or more vehicles at: 1.300 Block of Boyett Street 2.400 Block of Boyett Street 3.400 Block of Second Street 4.400 Block of Stasney Street Page 51 of 145 October 22, 2020 Item No. 4.7. Funding agreement with Catholic Charities in the amount of $140,000.00 to provide case management and assistance to College Station residents affected by COVID-19. Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of a funding agreement with Catholic Charities in the amount of $140,000 to provide case management and assistance to College Station residents affected by COVID-19. Relationship to Strategic Goals: Financial Sustainability, Diverse & Growing Economy, Core Services and Infrastructure Recommendation(s): Staff recommends approval of a funding agreement with Catholic Charities in the amount of $140,000 to provide case management and assistance to College Station residents affected by COVID-19. Summary: At the May 14, 2020, City Council meeting, Council approved a substantial amendment to the PY 2019 Annual Action Plan to include and allow for the use of Community Development Block Grant CARES Act (CDBG-CV) funds to assist nonprofit programs assisting residents effected by the COVID-19 Pandemic. In response to RFP 20-075, Catholic Charites of Central Texas, Inc. is proposing a Brazos Valley Financial Stability - COVID-19 Response program to provide direct client assistance, such as rent assistance, and case management to income-eligible College Station residents that have been impacted by COVID-19. The program proposes to assist approximately 108 families. CDBG-CV and 2020 CDBG funds will be used to fund the salary for a Case Manager who will exclusively serve College Station residents and funds for direct client needs to improve family stability. This funding agreement with Catholic Charities of Central Texas, Inc. will provide $140,000 to fund this program through September 30, 2021. The funding agreement is available for review in the City Secretary's Office. Budget & Financial Summary: Funding available through CARES Act Community Development Block Grant and FY21 Community Development Public Service Funding. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 52 of 145 1.Contract on file with the City Secretary’s Office Page 53 of 145 October 22, 2020 Item No. 4.8. Lease Assumption for College Station Tourism Division Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a ratification of the assignment, assumption and amendment of a lease agreement in the amount of $257,234.59 for the property at 614 Holleman Drive East by and among Brazos Valley Convention and Visitors Bureau, the City of College Station and TRDWind Wolf Pen, LLC. Relationship to Strategic Goals: Good Governance Diverse & Growing Economy Recommendation(s): Staff recommend Council approve the agreement. Summary: This assumption is necessary in order to dissolve Experience Bryan College Station (EBCS) and complete the transition of moving destination marketing and tourism promotion within the City of College Station. The City will assume the existing lease at 614 Holleman Dr. East, Suite 1100, through the duration of the term ending March 31, 2023. Budget & Financial Summary: Funds are budgeted and available in the Hotel Tax Fund. Reviewed & Approved by Legal: No Attachments: 1.200930 EXECUTION Assignment of Lease for City of College Station WPC TWF Page 54 of 145 1 ASSIGNMENT, ASSUMPTION AND AMENDMENT OF LEASE AGREEMENT THE LOFTS AT WOLF PEN CREEK CENTER This ASSIGNMENT, ASSUMPTION AND AMENDMENT OF LEASE AGREEMENT (this “Assignment”) to be effective as of ___________, 2020 (the “Effective Date”), by and among BRAZOS VALLEY CONVENTION AND VISITORS BUREAU (Assignor”), CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (“Assignee”), and TRDWIND WOLF PEN, LLC, a Delaware limited liability company (“Landlord”). W I T N E S S E T H: WHEREAS, College Station Ventures, LLC, the predecessor-in-interest to Landlord, and Assignor, as tenant, entered into that certain Lease Agreement dated on or about February 1, 2017 (the “Lease”; capitalized terms used herein that are not defined herein shall have the meaning assigned to them in the Lease), pursuant to which Landlord leased to Assignor the premises containing approximately 6,939 square feet of gross floor area and located at 614 Holleman Drive East, College Station, Texas 77840, as more particularly described in the Lease (the “Premises”); WHEREAS, Assignor now desires to assign all of its right, title and interest as the tenant under the Lease to Assignee and Assignee desires to accept such assignment and assume all of Assignors obligations under the Lease, subject to Landlord’s agreement to modify certain terms and conditions of the Lease; WHEREAS, Landlord has agreed to amend the terms of the Lease so as to enable Assignee to complete assumption of the Lease; and WHEREAS, Assignor and Assignee have requested that Landlord consent to such assignment and assumption and Landlord has agreed to do so in accordance with the terms and provisions of this Assignment. NOW THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignment, Assumption and Release. Assignor hereby transfers and assigns all of its right, title and interest in, to and under the Lease as tenant to Assignee. Assignee hereby accepts such assignment and assumes and agrees to pay and perform all of Assignor’s obligations as tenant arising or accruing under the Lease from and after the Effective Date. As of the Effective Date, Landlord releases Assignor from all obligations accruing under the Lease after the Effective Date, provided, however, Assignor shall not be released, and such release shall be of no force or effect, unless and until Landlord receives the amounts described in Section 7 below. 2. Amendment of Lease. From and after the Effective Date, Tenant’s obligations under the Lease to indemnify, defend and/or hold harmless Landlord, shall be limited to the extent allowed by law. 3. No Default and Release. Assignor and Assignee acknowledge and agree that Landlord is not in default of any of its covenants, duties or obligations under the Lease, nor has Landlord taken any action or failed to take any action which, with or without notice and/or passage of time, would be a default under the Lease. Assignor and Assignee acknowledge and agree that Landlord has fully and properly performed all of Landlord’s covenants, duties and obligations under the Lease as of Page 55 of 145 2 the Effective Date. Assignor and Assignee confirm that they have no defenses or setoffs with respect to its obligations under or pursuant to the Lease. Assignor and Assignee fully release, acquit and forever discharge Landlord from any and all liabilities, claims, damages, costs, expenses and causes of action which they had, have or may have against Landlord arising un der the Lease or otherwise related to the Premises to the extent they arose prior to the Effective Date, provided, however, Landlord, Assignor and Assignee acknowledge that roof leaks exists at the Premises and that Landlord has undertaken repair of such leaks and Landlord’s obligation to repair such leaks and the damages consisting of stained roof tiles and window coverings caused thereby, is not released pursuant to this Paragraph 3. 4. Notices. All notices to be delivered to Landlord or Assignee under the Lease or otherwise with respect to the Premises shall be delivered to the following address: TRDWIND WOLF PEN, LLC 233 Shakespeare Glade Glenbrook, Nevada 89413 CITY OF COLLEGE STATION ATTN: City Manager P.O. Box 9960 College Station, Texas 77842 5. Binding Effect. This Assignment will bind and inure to the benefit of the parties hereto and their respective successors and assigns, provided that nothing herein will be deemed to permit Assignee to further assign the Lease or to sublet the Premises without complying with the provisions of Section 10.1 of the Lease entitled “Assignment and Subletting by Tenant”. 6. Representations. Each of the parties to this Assignment represents and warrants to the other that they are fully competent and duly authorized to execute this Assignment. Assignor and Assignee represent to Landlord that they have dealt with no broker in connection with assignment of the Lease or this Assignment. Assignor and Assignee shall (to the extent allowed by law) defend, indemnify, and hold Landlord harmless from and against any and all liability, loss, damage, expense, claim, action, demand, suit, or obligation arising out of or relating to a claim fo r a brokerage commission or fee in connection with this Assignment by a party claiming by, through, or under Assignor or Assignee. This Section shall survive the expiration or sooner termination of the Lease. 7. Transfer Fee. This Assignment is conditioned upon receipt by Landlord of a transfer fee from Assignor in the amount of $2,000.00 by certified check in accordance with Section 10.1 of the Lease. 8. Miscellaneous. In the event of any conflict between the terms of this Assignment and the Lease then the terms of this Assignment shall control. Except as expressly modified by this Assignment, all the remaining terms and conditions of the Lease shall remain unchanged and continue unabated in full force and effect in accordance with its original terms. The parties hereto agree that no oral understandings, statements, promises, or inducements contrary to or inconsistent with the terms of the Lease as amended by this Assignment exist. This Assignment may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. All executed counterparts of this Assignment shall be deemed to be originals, but all such counterparts taken together or collectively, as the case may be, shall constitute one and the same agreement. Assignee hereby stipulates, agrees and acknowledges, for the specific reliance of Landlord, that the Lease and this Assignment are Page 56 of 145 3 authorized by statute and/or the Texas Constitution for Assignee to enter into for goods and services as a proprietary function, and Assignee hereby waives sovereign immunity for the purpose of adjudicating a claim for breach of contract subject to the terms and conditions of Texas law. [Signature Page Follows] Page 57 of 145 Signature Page to Assignment of Lease Wolf Creek Pen Brazos Valley Convention and Visitors Bureau/City of College Station This Assignment, Assumption and Amendment of Lease Agreement is executed and delivered by the parties to be effective as of the date first written above. ASSIGNOR: BRAZOS VALLEY CONVENTION AND VISITORS BUREAU By: Name: Title: ASSIGNEE: CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation By: Name: Title: LANDLORD: TRDWIND WOLF PEN, LLC, a Delaware limited liability company By: TRDwind Bayou Park, LLC, a Texas limited liability company, its Sole Manager By: __________________________ James Rastello, President Page 58 of 145 October 22, 2020 Item No. 4.9. Master Purchase Agreement Renewal One (1) with the Reynolds Company Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding Renewal one (1) of the Master Agreement between the City of College Station and The Reynolds Company (TRC) for the purchase of Rockwell Automation products and services for maintenance of Water Services Department SCADA infrastructure for a not to exceed amount of $150,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The City entered into Master Agreement with the TRC in 2019. The master agreement extensions are considered on one-year terms with a provision with the mutual consent of both parties to renew the same terms and conditions up to four additional years, for a total of five years. The City entered a similar Master Agreement with Reynolds Company in 2014, and subsequently entered into each of the four additional year extensions. This item is to consider the first one year extension of the 2019 Master Agreement. The agreement enables the Water Services Department to purchase Rockwell Automation products and services, under an umbrella contract with the TRC. This contract establishes terms and pricing, with discounts applied to normal retail pricing for equipment, and provides a purchasing structure that will function similar to a “Buy Board.” Water Services has standardized on Rockwell Automation software and equipment in the Supervisory Control and Data Acquisition (SCADA) system, to monitor and control the water production, water distribution, and wastewater treatment plants. This ensures we minimize spare part inventories while maximizing efficiencies by streamlining training and maintenance requirements since many of the Rockwell Automation components are compatible and integrate easily into the new control system. The products available for purchase include all the software modules necessary to support and enhance the system, hardware components consist of all necessary items ranging from the smallest terminal blocks to the Programmable Automation Controllers. The services available include on-site field engineering support, ongoing training, network design and cyber security, machine reliability analysis, and systems design. This gives the City a balanced approach to system design, operations and maintenance. Since Rockwell Automation uses specified distributors to market their products, we must go through the TRC to purchase Rockwell products. The contract specifies an annual maximum of $150,000 which will be adequate to keep the SCADA system in top working order. Since the SCADA system is a vital component of the Water Services Department, staff recommends approval. Budget & Financial Summary: Funding is available for this agreement through the operational Page 59 of 145 budget in the Water Operations and Wastewater Operations. All purchased made under this contract will follow normal procurement rules. Reviewed & Approved by Legal: No Attachments: 1.Renewal One of Master Agreement Page 60 of 145 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ 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, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 61 of 145 ****************************************************************************** RENEWAL (1) ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract No. 20300063 Master Agreement for Rockwell Automation Products and Services, in accordance with all terms and conditions previously agreed to an accepted, for an amount not to exceed One Hundred Fifty Thousand and No/100 Dollars ($150,000.00). I understand this renewal agreement will be for the period beginning November 1, 2020 through October 31, 2021. This is the first of four renewal options available. D. REYNOLDS COMPANY, LLC dba THE REYNOLDS COMPANY CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date:________________ Date: APPROVED: City Attorney Date:_____________ Asst. City Manager/CFO Date:_____________ Page 62 of 145 Page 63 of 145 Page 64 of 145 Page 65 of 145 Page 66 of 145 Page 67 of 145 Page 68 of 145 Page 69 of 145 Page 70 of 145 Page 71 of 145 October 22, 2020 Item No. 4.10. Hot Mix Asphalt Concrete and Base Failure Contract Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the award of a contract to Brazos Paving, Inc. for base failure repairs and pavement treatments in an amount not to exceed $4,613,250. This item is for contracted equipment, labor, and materials for standard maintenance activities associated with asphalt streets. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approving the award of contract 20300745 to Brazos Paving, Inc. for base failure repairs and pavement treatments in an amount not to exceed $4,613,250. Summary: On August 25, 2020, in response to bid #20-067, the City received three competitive sealed bids for base failure repairs and pavement treatments for City of College Station streets. The contract is being awarded to the lowest qualified bidder, Brazos Paving, Inc. in an amount not to exceed $4,613,250. This contract term will be for the period beginning October 22, 2020 through October 21, 2021. This Contract may be renewed for up to two (2) additional years for three (3) years total. Budget & Financial Summary: Funds are budgeted and available in the Roadway Maintenance Fund. Reviewed & Approved by Legal: No Attachments: 1.Contract on file with the City Secretary's Office Page 72 of 145 1.Contract on file with the City Secretary’s Office Page 73 of 145 October 22, 2020 Item No. 4.11. No Left Turn-Gilchrist to Williams Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on consideration of an ordinance amending Chapter 38, “Traffic and Vehicles,” Article VIII “Traffic Schedules,” Section 38-1008 “No right turn or no left turn” prohibiting left turns on school days from Gilchrist Avenue to Williams Street. Relationship to Strategic Goals: Core Services and Infrastructure Improving Mobility Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This ordinance prohibits left-turns from Gilchrist Avenue onto Williams Street on school days during parent pick-up and drop-off times. The purpose of this ordinance is to maintain mobility on Gilchrist Avenue with the increased volume of parents during school pick-up and drop off while Francis Drive is under construction. The school approached the Police Department and Traffic Engineering about needing a crossing guard for their students. Upon completion of a crossing guard warrant study, it was determined that the site did not warrant a crossing guard. A prohibited left turn during school pick-up and drop-off was determined to be a more suitable solution for this situation. To improve safety, the Traffic Management Team recommends approving this ordinance. Budget & Financial Summary: The “NO Left Turn” sign will be purchased as part of the Francis Road Rehabilitation Phase 1 and 2 project. Reviewed & Approved by Legal: No Attachments: 1.No Left-Turn - Ordinance - Gilchrist @ Williams Final 2.Temporary no left turn layout Page 74 of 145 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES” SECTION 38-1008 “ NO RIGHT TURN AND NO LEFT TURN”, BY ADDING THE INTERSECTION OF GILCHRIST AVENUE AT WILLIAMS STREET OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VIII “Traffic Schedules,” Section 38-1008 “No right turn or no left turn” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 75 of 145 Ordinance No. __________Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 76 of 145 Ordinance No. __________Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Chapter 38, “Traffic and Vehicles,” Article VIII “Traffic Schedules,” Section 38-1008 “No right turn or no left turn” is hereby amended by adding and is to read as follows: Street Intersecting Street Travel Direction No Lt. Turn No Rt. Turn Gilchrist Avenue Williams Street northeast X* *On school days from 7:00 a.m. until 9:00 a.m. and on school days from 2:30 p.m. until 4:30 p.m. Page 77 of 145 Walton Drive Ashburn Avenue Williams Street Gilchrist AvenueBrooks AvenueBolton AvenueMarsteller Avenue Wo o d l andPar kwayEastFrancis DriveTemporary No-Left Turn sign at Gilchrist Avenue andWilliams Street Temporary No-left Turn(R3-2)7:15 - 8:152:30 - 3:30Page 78 of 145 October 22, 2020 Item No. 4.12. 2020 Water and Wastewater Impact Fee Study Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a contract with Freese & Nichols, Inc. to update the city-wide water and wastewater impact study with a total cost of $300,000. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): Staff recommends approval of this contract. Summary: From 2014-2016, the City of College Station worked with Freese and Nichols to complete the 2014 Water Master Plan and the 2016 Wastewater Master Plan. The results of these studies were then used to analyze potential city-wide water and wastewater impact fees to help cover the costs of improvements needed to support growth. The Water and Wastewater Impact Fee study was approved by City Council in December 2016, and the Texas Administrative Code requires that the capital plan and land use assumptions be updated every 5 years. This contract will include the calibration of the existing water and wastewater extended period models, updates to water and wastewater capital improvement plans, and updates to land use assumptions to determine the potential maximum city-wide impact fees in accordance with the Texas Administrative Code. Budget & Financial Summary: The Texas Administrative Code allows for the City to use Impact Fee Funds to reimburse the wastewater fund for the cost of this update. Funding in the amount of $150,000 is included in the FY21 Budget as an SLA that is funded by a transfer of Impact Fee Revenue from the System-Wide Wastewater Impact Fee Fund to the Wastewater Operating Fund. The remaining $150,000 is funded in the same manner from the Water Fund. Reviewed & Approved by Legal: No Attachments: 1.Contract 21300036 -- BW Page 79 of 145 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ 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, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 80 of 145 Page 81 of 145 Page 82 of 145 Page 83 of 145 Page 84 of 145 Page 85 of 145 Page 86 of 145 Page 87 of 145 Page 88 of 145 Page 89 of 145 Page 90 of 145 Page 91 of 145 City of College Station Scope for Water and Wastewater Impact Fee Update 9/14/2020 1 | Page City of College Station Professional Services for Development of Water and Wastewater Impact Fee Update Scope of Services and Responsibilities of Owner Project Understanding: This Scope of Work addresses the requirements, as per Chapter 395 of the Texas Local Government Code, for the update of water and wastewater impact fees in College Station, Texas. Key study elements include; the preparation of land use assumptions, the development of impact fee eligible capital improvement plans (CIP) and associated CIP costs, the calculation of the maximum allowable impact fee per service unit and, the update of the service unit equivalency table. A public process facilitated through an Impact Fee Advisory Committee will assist to guide the preparation of the land use assumptions, capital improvement plans as well as provide recommendations to the City Council of impact fee collection rates. A public hearing process will conclude the study and update of impact fees in College Station. The project tasks are broken down in the following Table 1: Table 1: Water and Wastewater Impact Fee Update Tasks Task Task Description Basic Services A Project Management and Meetings B Conduct Water and Wastewater Field Data Collection C Update Impact Fee Land Use Assumptions D Update and Calibrate Water and Wastewater Modeling and Analysis E Identify Water and Wastewater Capital Improvements Eligible for Impact Fees F Conduct Water and Wastewater Impact Fee Analysis and Public Hearing BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services to the City of College Station (OWNER) in connection with the development of the Project, described as: Water and Wastewater Impact Fee Update. TASK A: PROJECT MANAGEMENT AND MEETINGS A1. Project Kick-off Meeting FNI will meet with the City of College Station (City) staff to review scope and schedule of the project and critical project milestones. FNI will provide and review a data request memorandum outlining data needed for the water and wastewater impact fee update. Page 92 of 145 City of College Station Scope for Water and Wastewater Impact Fee Update 9/14/2020 2 | Page A2. Data Collection and Review FNI will coordinate with City staff on obtaining data required for the impact fee update, including information on water and wastewater projects currently under design and construction, updated land use assumptions, population and developments information, any update to GIS files, facility information, historical water production data, current facility operational data, information on water meters and billing, cost data for recently constructed projects, etc. A3. Project Coordination Meetings FNI will prepare for and attend technical task-related meeting and stakeholder coordination meetings to discuss future development plans, water demand and wastewater flow projections, and infrastructure needs. • Up to six (6) project progress and technical task related meetings with City staff • Up to two (2) additional coordination meetings with City staff TASK B: CONDUCT WATER AND WASTEWATER FIELD DATA COLLECTION B1. Wastewater Flow Monitoring FNI will select preliminary flow monitor sites, produce mapping and review with City staff. Install and calibrate twenty (20) temporary velocity/depth type flow meters and four (4) rainfall gauges at the agreed upon locations. Temporary flow meters shall remain in place for a minimum of forty five (45) days. B2. Water System Pressure Testing FNI will coordinate with the City in performing water system pressure testing that will consist of utilizing up to twelve (12) digital pressure recorders for a two-week duration. FNI will prepare procedures for field testing that will include maps showing proposed locations of testing, required SCADA data during testing period and assistance from utility. Eight (8) FNI pressure recorders and four (4) City pressure recorders will be used. FNI will set up the eight (8) FNI recorders for the desired recording intervals. The City will install and remove the twelve (12) pressure recorders on the designated fire hydrants and provide data from the four (4) City pressure recorders. FNI will download data from the eight (8) FNI recorders and process the field testing data. The City will provide meter readings for the interconnects that are currently read monthly for a minimum of daily readings during the field testing period. TASK C: UPDATE IMPACT FEE LAND USE ASSUMPTIONS C1. Define Impact Fee Service Area FNI will coordinate with the City to update the water and wastewater impact fee service area as needed. C2. Update Population, Water Demand and Wastewater Flow Projections FNI will coordinate with the City Planning Department to develop population projections for the purpose of the impact fee update. FNI will also analyze historical demands, flows, and meter billing information and review per-capita residential and non-residential planning criteria for projected water demands and wastewater flows. Projected water demands and wastewater flows will be developed for existing, 10-year, and Buildout planning periods. Page 93 of 145 City of College Station Scope for Water and Wastewater Impact Fee Update 9/14/2020 3 | Page C3. Develop Impact Fee Land Use Assumptions FNI will update the 10-year impact fee land use assumptions for the defined service area. Land use assumptions will be developed using service unit equivalents (SUEs) that utilize the equivalent capacity of water meters to establish the SUEs required in Chapter 395 of the Local Government Code for both existing and 10-year growth conditions. FNI will meet with the City to discuss the impact fee land use assumptions and address comments from the City. TASK D: UPDATE AND CALIBRATE WATER AND WASTEWATER MODELING AND ANALYSIS D1. Update Water Distribution System and Wastewater Collection System Hydraulic Models The City’s current extended period simulation (EPS) water distribution system hydraulic model is in Innovyze InfoWater modeling software and the current wastewater collection system model in Innovyze InfoSewer modeling software. FNI will utilize available data from City’s most recent GIS, as- built drawings, construction plans, and operations data to update the models. D2. Update Water Demand and Wastewater Flow Allocation FNI will utilize monthly meter billing data and historical wastewater effluent data provided by the City to update existing water demands and wastewater flows allocation throughout the service area. FNI will spatially locate water meter locations for active accounts in GIS so the demands and flows can be allocated to the appropriate model nodes. D3. Update Water and Wastewater Model Calibration FNI will conduct an extended period simulation (EPS) water model calibration by comparing model output to recorded values for pressures and any other available operational data. FNI will also conduct a wastewater model calibration by comparing the model output with observed flow monitoring and other available operational data. Comparison graphs and mapping will be provided to document model calibration results. D4. Water System Analysis FNI will conduct hydraulic modeling to evaluate the existing, 10-year, and Buildout conditions. Water system modeling will consist of average day, maximum day, peak hour, and fire flow demand conditions. FNI will prepare illustrations that document system operations and mapping that documents system pressures. D5. Water System TCEQ Alternative Capacity Requirement Assistance FNI will utilize water system information and modeling results to evaluate the City’s existing TCEQ waiver related to water supply and service pumping alternative capacity requirements listed in 30 TAC 290.45(g). Documentation prepared will include hydraulic modeling results showing that the existing and future water system under proposed ACR will be able to meet TCEQ requirements. D6. Wastewater System Analysis FNI will conduct the following analyses: Existing System Analyses – The calibrated model will be run to identify existing system deficiencies, surcharging, and other capacity/restriction issues. Mapping will be prepared showing the location and magnitude of all modeled surcharging and overflows. Page 94 of 145 City of College Station Scope for Water and Wastewater Impact Fee Update 9/14/2020 4 | Page Future System Analyses – FNI will distribute the projected residential and non-residential wastewater flows in the hydraulic model. The 10-year and Buildout period scenarios will be evaluated under peak wet weather conditions to determine the system response and necessary peak flow conveyance. TASK E: IDENTIFY WATER & WASTEWATER CAPITAL IMPROVEMENTS ELIGIBLE FOR IMPACT FEES E1. Develop Updated Water and Wastewater Capacity Capital Improvement Plans FNI will develop and update water and wastewater capital improvement plans (CIPs) related to growth and capacity needs. FNI will develop costs for each proposed project in 2021 dollars including engineering and contingencies. CIP scheduling will be based on the modeling results and include engineering time periods. Large scale citywide maps will be produced showing proposed projects, costs, and recommended in-service dates of proposed projects. E2. Identify Existing and Proposed Water and Wastewater Improvements Eligible for Impact Fees FNI will utilize the results of the water and wastewater system modeling to determine the impact fee eligible projects. FNI will review recently completed (over the last 5 years) water and wastewater improvements and determine which projects are eligible for future cost recovery from growth. Maps will be prepared showing the existing and proposed water and wastewater capital improvements plan projects to be included in the impact fee calculation. FNI will meet with the City to review existing and proposed water and wastewater system improvements identified to be included in the impact fee analysis and the associated project costs. TASK F: CONDUCT WATER AND WASTEWATER IMPACT FEE ANALYSIS AND PUBLIC HEARING F1. Conduct Impact Fee Capacity Analysis for Eligible Projects for 10-year Projected Growth FNI will utilize water and wastewater models to analyze existing recently completed and new projects for remaining capacity for impact fee cost recovery for 10-year projected growth and associated financing costs. F2. Calculate Maximum Allowable Impact Fees FNI will calculate maximum water and wastewater impact fees based on the existing and proposed capital improvement costs to support 10-year growth conditions. FNI will perform an analysis to determine the credit based on utility service revenue that should be included in the calculation to determine the maximum allowable impact fee. F3. Conduct Survey of Benchmark Cities to Obtain Latest Water and Wastewater Impact Fees FNI will conduct a survey of benchmark cities and obtain the latest water and wastewater impact fees and prepare graphics showing comparisons with proposed College Station Impact Fee recommendations. F4. Develop Draft Impact Fee Report FNI will prepare a Draft Water and Wastewater Impact Fee Report showing land use assumptions, water and wastewater impact fee eligible capital improvement costs, and maximum allowable water and wastewater impact fees. An electronic PDF copy and ten (10) hard copies will be delivered to the City. Page 95 of 145 City of College Station Scope for Water and Wastewater Impact Fee Update 9/14/2020 5 | Page F5. Present Impact Fee Analysis Results to Impact Fee Advisory Committee Following review by City Staff, FNI will conduct one presentation of results of the water and wastewater impact fee analysis results and recommendations to the Impact Fee Advisory Committee. F6. Assist City with Preparation of Presentation for and Attend Public Hearing on Land Use Assumptions, CIPs, and Impact Fee Calculations FNI will assist the City in preparing the presentation material for the public hearing. FNI will attend the required Public Hearing on Impact Fees and be available to answer questions at the public hearing. F7. Finalize Impact Fee Report FNI will prepare a final Water and Wastewater Impact Fee Report and deliver an electronic PDF copy and ten (10) hard copies to the City. Summary of Meetings • Project Kickoff Meeting • Progress Meeting No. 1 – Review Impact Fee Service Area • Progress Meeting No. 2 – Review Land Use Assumptions and Demand and Flow Projections • Progress Meeting No. 3 – Review Hydraulic Model Update and System Analyses • Progress Meeting No. 4 – Review Impact Fee Eligible Improvement Projects • Progress Meeting No. 5 – Review Impact Fee Analysis • Progress Meeting No. 6 – Review Draft Water and Wastewater Impact Fee Report • Additional Meetings • Up to two (2) additional coordination meetings with City staff Summary of Presentations • One (1) Presentation to Impact Fee Capital Improvements Citizens Advisory Committee • One (1) Public Hearing on Land use Assumptions, CIP, and Impact Fees Summary of Deliverables • Draft Water and Wastewater Impact Fee Report • Final Water and Wastewater Impact Fee Report Schedule • Draft Water and Wastewater Impact Fee Report – 360 days after NTP • Final Water and Wastewater Impact Fee Report – after adoption of the updated impact fees Summary of Fee for Engineering Services FNI proposes to perform the basic services outlined in the above sections for a total lump sum project fee of $300,000. Page 96 of 145 Page 97 of 145 Task Task Description Fee A PROJECT MANAGEMENT AND MEETINGS $20,300 B CONDUCT WATER AND WASTEWATER FIELD DATA COLLECTION $137,500 C UPDATE IMPACT FEE LAND USE ASSUMPTIONS $14,240 D UPDATE AND CALIBRATE WATER AND WASTEWATER MODELING AND ANALYSIS $42,280 E IDENTIFY WATER & WASTEWATER CAPITAL IMPROVEMENTS ELIGIBLE FOR IMPACT FEES $24,670 F CONDUCT WATER AND WASTEWATER IMPACT FEE ANALYSIS AND PUBLIC HEARING $61,010 $300,000 Basic Services Total Fee City of College Station Water and Wastewater Impact Fee Update Page 98 of 145 Page 99 of 145 October 22, 2020 Item No. 4.13. Approval of the 2020 Property Tax Roll in the amount of $52,501,620.03. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approval of the 2020 Property Tax Roll in the amount of $52,501,620.03. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends approval of the 2020 Property Tax Roll in the amount of $52,501,620.03. Summary: Section 26.09 (e) of the Texas Property Tax Code mandates formal approval of the Tax Roll by the City Council as the final step in the process of establishing the tax roll for the new year. The tax roll consists of the Maintenance and Operations levy and the Interest and Sinking fund levy. Budget & Financial Summary: The tax roll that will be generated by the tax rate of $0.534618 per $100 assessed valuation is $52,501,620.03. This tax rate was adopted by the City Council on August 27, 2020. Reviewed & Approved by Legal: No Attachments: 1.C2 2020 Levy Totals 2.C2 Levy Notification Page 100 of 145 BRAZOS County 2020 LEVY TOTALS C2 - CITY OF COLL. STAT. Grand TotalsProperty Count: 33,190 7:39:47AM10/8/2020 Land Value Homesite:1,531,204,791 Non Homesite:1,632,509,139 Ag Market:106,487,220 Timber Market:3,270,201,150Total Land (+)0 Improvement Value Homesite:4,324,968,797 Non Homesite:4,224,048,023 Total Improvements (+)8,549,016,820 Non Real ValueCount Personal Property:2,836 545,436,928 Mineral Property:1,573 5,978,993 Autos:0 0 Total Non Real (+)551,415,921 Market Value =12,370,633,891 ExemptAg Non Exempt 106,487,220 0 Total Productivity Market: Ag Use:690,372 0 105,796,848 (-)Productivity Loss Timber Use:0 0 =Appraised Value 12,264,837,043 Productivity Loss:0105,796,848 10,963,847(-)Homestead Cap =Assessed Value 12,253,873,196 (-)Total Exemptions Amount (Breakdown on Next Page) 2,188,881,920 =Net Taxable 10,064,991,276 Freeze Assessed Taxable Actual Tax Ceiling Count 21,090,336 18,707,166 77,895.57 80,339.28 91DP 1,023,524,418 853,737,932 3,278,717.03 3,310,207.05 3,369OV65 Total 1,044,614,754 872,445,098 3,390,546.33 Freeze Taxable (-)3,356,612.60 3,460 872,445,098 Tax Rate 0.534618 =9,192,546,178Freeze Adjusted Taxable Levy Info M&O Rate: I&S Rate: Protected I&S Rate: M&O Tax: I&S Tax: Protected I&S Tax: Ag Penalty: 0.318174 0.216444 0.000000 31,245,955.67 21,255,664.36 0.00 0.000.00PP Late Penalty: Total Levy 52,501,620.03 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 1 of 2C2/237983 Page 101 of 145 BRAZOS County 2020 LEVY TOTALS C2 - CITY OF COLL. STAT. Exemption Breakdown StateLocalExemption Count Total 10/8/2020 7:39:57AMProperty Count: 33,190 Grand Totals CHODO (Partial) 11 11,914,270 0 11,914,270 DP 97 0 0 0 DV1 89 0 816,000 816,000 DV1S 6 0 25,000 25,000 DV2 55 0 556,500 556,500 DV2S 1 0 7,500 7,500 DV3 85 0 866,000 866,000 DV3S 2 0 20,000 20,000 DV4 254 0 1,509,679 1,509,679 DV4S 30 0 273,698 273,698 DVHS 147 0 41,897,369 41,897,369 DVHSS 19 0 4,952,151 4,952,151 EX 4 0 1,116,565 1,116,565 EX-XD 2 0 207,574 207,574 EX-XG 1 0 142,590 142,590 EX-XL 2 0 248,135 248,135 EX-XN 12 0 4,687,656 4,687,656 EX-XR 1 0 12,025 12,025 EX-XU 5 0 20,727,323 20,727,323 EX-XV 588 0 1,816,252,143 1,816,252,143 EX-XV (Prorated) 3 0 740,143 740,143 EX366 1,186 0 109,664 109,664 FR 7 16,282,988 0 16,282,988 FRSS 1 0 318,305 318,305 HS 10,621 155,709,451 0 155,709,451 MASSS 3 0 520,240 520,240 OV65 3,712 108,486,448 0 108,486,448 OV65S 4 90,000 0 90,000 PC 2 263,403 0 263,403 SO 4 129,100 0 129,100 Totals 292,875,660 1,896,006,260 2,188,881,920 Page 2 of 2C2/237983 Page 102 of 145 Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct. Bryan, TX 77802 979-775-9930 979-775-9938 - Fax October 7, 2020 Honorable Karl Mooney, Mayor City of College Station P. O. Box 9960 College Station, TX 77842 RE:Certification of 2020 Levy Dear Mayor Mooney: Please place approval of the 2020 tax levy on the next city council agenda. Enclosed with this correspondence is the calculated 2020 levy for the City of College Station. Approval of the Levy as provided in Sec. 26.09 (e) is the final step in the creation of the tax rolls for the county. Please contact me if you have any questions concerning the information. Respectfully, Kristeen Roe Kristeen Roe, CTA, PCC Tax Assessor/Collector Brazos County, Texas Page 103 of 145 October 22, 2020 Item No. 4.14. Land Sale – 1.000 Acre 1820 Harvey Mitchell Parkway Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of a Real Estate Contract that will convey 1.000 acre of City-owned land generally located at 1820 Harvey Mitchell Parkway, Bryan, Texas. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval. Summary: The subject 1.000 acre City-owned surplus property being part of a called 34.77 acre owned by Bryan Iron & Metal, Ltd. dba Texas Commercial Waste site located at 1820 Harvey Mitchell Pkwy about half a mile north of Hwy 21. The subject property was acquired during easement negotiations in 2007 where the City allowed Texas Commercial Waste to run a sewer line in our adjacent easement in exchange for this subject property. It was intended to be a water well site including a one acre pad site. Water wells are required to be permitted through the Brazos Valley Groundwater Conservation District which typically includes the requirement for owning several hundred acres of water rights. However, the City does not own the water rights on the one acre site nor the water rights around the site. Additionally, the City’s Sandy Point Pumping Station (SPPS) where initial disinfection occurs is approximately 4 miles northwest of this subject property. The City was approached by a representative of Bryan Iron & Metal in 2019 about selling the property. City staff evaluated the current and foreseeable uses and conditions associated with the subject property. City appraiser on staff appraised the property at $5,000.00. The location of the subject site in relation to the well field infrastructure and SPPS, as well as the current absence of the water rights, renders the site undesirable for development as a well site. Based on these factors, the City staff determined the property is surplus, no longer needed, and recommends the property for sale. Budget & Financial Summary: The sale price is $5,000.00. Net proceeds from the sale will be recorded in the Water Fund. Reviewed & Approved by Legal: No Attachments: 1.Vicinity Map 2.Survey Map 3.Contract on file in the City Secretary's Office Page 104 of 145 FM 2223 N SH 6 SHILOHAVS ANDYPOINTRD W MLK STSAUNDERS ST W24TH ST W 17TH ST HALL STRABBIT LN S MAI N STTABORRDBITTLE LN ELAINE DR DEANSTN STERLING AVW 27TH ST N TEXAS AV PECAN STOLDHEARNERDWOODVILLE RDTATUM STSILK W OODDR W 26TH ST FOUNTAI NA VGROESBECKSTLAURALNFINFEATHER RDASH ST CROSSING DR W16TH STWILKES STB E C K S T RUSSELLDRWILLHELMDRP ALASOTA DRB OU LEVARD ST CREEKSI D EDRW 28TH STN PARKER AVBRYANTSTSUN C RESTST SHIRLEYD R STEVENS DRLEONARD RDSILVER HILL RD PHILG RAMMBLLOUISST MARQUISD R ALICESTBURT RDHILTO NRDW SH 21PLEASANTHILLRDNHARVEYMITCHELLPW MUMFORD RDBRAC RIVERSIDE PW 0 10.5 Miles Vicinity Map 1.000 AC Site ¯ Page 105 of 145 Page 106 of 145 Contract on file in the City Secretary’s Office Page 107 of 145 October 22, 2020 Item No. 5.1. Issuance of “City of College Station, Texas General Obligation Refunding Bonds, Series 2020- A” Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance authorizing the issuance of “City of College Station, Texas General Obligation Refunding Bonds, Series 2020-A”; approving a purchase contract and other procedures relating to said bonds; and enacting other provisions relating to the subject. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff recommends that Council move to approve the ordinance authorizing the issuance and sale of “General Obligation Refunding Bonds, Series 2020-A”; approving a purchase contract and other procedures relating to said bonds; and enacting other provisions relating to the subject. Summary: The aggregate original principal amount of the Bonds shall not exceed $17,085,000. The City has the opportunity to refund no more than $17,085,000 of its Certificates of Obligation, Series 2012 and General Obligation Refunding and Improvement Bonds, Series 2012 in order to achieve savings due to lower interest rates that are currently available. The City's Financial Advisor, Ms. Marti Shew with Hilltop Securities, Inc. has presented the City with this opportunity. Refunding is issuing new debt to replace and pay off existing debt. Refunding can be done for a number of reasons; however, most often are used to accrue a savings against the current debt. Because of the short amortization of the Bonds, we are selling these refunding bonds in a privately placed transaction with a bank after solicitation of bids from interested banks; this method of sale is faster and avoids costs that are typically required to prepare an offering document for sale in the public markets. The City Council's Finance and Budgetary Policies allow for the City to "refund" debt when there is a net present value savings of at least 5%. The opportunity that is currently before the City Council will save the City approximately 7.46% over the remaining life of the issues. The net present value savings includes the debt issuance costs. Budget & Financial Summary: Based on current estimates, the refunding will reduce the overall cost of the refunded bonds by at Page 108 of 145 least 7.46% over the remaining life of the existing bonds. Total net present value savings will be approximately $1,457,034. The average annual savings will range between $97,225 and $102,013 per year. The savings will help the City by providing an additional margin that Council may choose to use for projects not currently funded by an identified source. Staff reviewed the impact of the refunding on the City’s ability to meet debt service requirements and anticipates this refunding will not affect the ad valorem tax rate or utility rates for FY21. Reviewed & Approved by Legal: No Attachments: 1.Ordinance (ver 1) Page 109 of 145 CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § BRAZOS COUNTY § CITY OF COLLEGE STATION § We, the undersign officers of the City of College Station, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in a regular meeting on October 22, 2020, at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Mayor Karl Mooney City Council Place 1 - Bob Brick City Council Place 2 - John Crompton City Council Place 3 - Linda Harvell City Council Place 4 – Vacant City Council Place 5 - John Nichols City Council Place 6 - Dennis Maloney and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COLLEGE STATION, TEXAS, GENERAL OBLIGATION REFUNDING BOND, SERIES 2020A; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BOND; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Ordinance be adopted and, after due discussion, said motion, carrying with it the adoption of said Ordinance, prevailed and carried by the following vote: AYES: NOES: ABSTENTIONS: 2. That a true, full and correct copy of the aforesaid Ordinance adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council’s minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council’s minutes of said Meeting pertaining to the adoption of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting 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. Page 110 of 145 CERTIFICATE FOR ORDINANCE City of College Station, Texas General Obligation Refunding Bond, Series 2020A 3. That the Mayor of said City has approved and hereby approves the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED OCTOBER 22, 2020. ________________________________ Tanya D. Smith City Secretary ________________________________ Karl P. Mooney Mayor (CITY SEAL) Page 111 of 145 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COLLEGE STATION, TEXAS, GENERAL OBLIGATION REFUNDING BOND, SERIES 2020A; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BOND; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, the City of College Station, Texas (the "Issuer") has previously issued, and there are presently outstanding, obligations of the Issuer payable from a pledge by the Issuer to levy ad valorem taxes sufficient to pay principal of and interest on the obligations as they become due and which are further secured by a limited pledge of the net revenues of the Issuer's waterworks and sewer system; WHEREAS, certain of such previously issued and outstanding obligations are intended to be and shall be refunded pursuant to this Ordinance, the obligations to be refunded being those described in Schedule I hereto (the "Refunded Obligations"); WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207"), authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with a place of payment (paying agent) for the Refunded Obligations, and such deposit, if made before such payment dates, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof together with any other available funds or resources directly with a paying agent for the Refunded Obligations or a trust company or commercial bank that does not act as a depository for the Issuer and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an escrow or similar agreement with any such paying agent or trust company or commercial bank with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent or trust company or commercial bank may agree; WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best interests of the Issuer to refund the Refunded Obligations to lower the City's debt service payments, and that such refunding will result in a present value debt service savings of $[-]; and an actual debt service savings of $[-] to the Issuer, with no cash contribution from the Issuer; WHEREAS, the City Council finds that the issuance of the Bond is in the best interests of the Issuer; WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bond hereinafter authorized; WHEREAS, the bond hereafter authorized is being issued and delivered pursuant to said Chapter 1207, Texas Government Code; and WHEREAS, It is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Texas Government Code, Chapter 551; Now, Therefore Page 112 of 145 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BOND. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The bond of the City of College Station, Texas (the "Issuer") is hereby authorized to be issued and delivered in the aggregate principal amount of $[-] for the public purpose of refunding the Refunded Obligations, and to pay the costs incurred in connection with the issuance of the Bond. Section 2. DESIGNATION, DATE, DENOMINATION, NUMBER, AND MATURITY AND INTEREST RATE OF BOND. (a) Each bond issued pursuant to this Ordinance shall be designated: "CITY OF COLLEGE STATION, TEXAS GENERAL OBLIGATION REFUNDING BOND, SERIES 2020A," and there shall be issued, sold, and delivered hereunder one fully registered bond, without interest coupons, dated November 1, 2020, in the denomination and principal amount of $[-], numbered R-1, with any bond issued in replacement thereof being in the denomination of the full principal amount of the series of which the bond is issued and numbered consecutively from R-2 upward, payable in installments to the registered owner thereof, or to the registered assignee of said bond (in each case, the "Registered Owner"). Principal of said Bond shall mature and be payable in installments on the dates and in the amounts stated in the FORM OF BOND set forth in Exhibit A to this Ordinance. (b) The Bond shall bear interest on the unpaid balance of the principal amount thereof from the date of delivery to the scheduled due date of the principal installments of the Bond at the rate of interest stated in the FORM OF BOND set forth in this Ordinance. Said interest shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Bond. (c) The term "Bond" as used in this Ordinance shall mean and include collectively the bond initially issued and delivered pursuant to this Ordinance and any substitute bond exchanged therefor, as well as any other substitute or replacement bond issued pursuant hereto, and the term "Bond" shall mean any such bond. Section 3. CHARACTERISTICS OF THE BOND. (a) Registration. The Issuer shall keep or cause to be kept at the principal corporate trust office of [-], located in [-], Texas (the "Paying Agent/Registrar"), books or records for the registration of the transfer and exchange of the Bond (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each Bond to which payments with respect to the Bond shall be mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Bond. Registration of assignments, transfers and exchanges of a Bond shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. Page 113 of 145 3 (b) Transfer and Exchange; Authentication. Except as provided in Section 3(f) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so authenticated. The Paying Agent/Registrar promptly shall cancel any Bond surrendered for exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of a substitute Bond in the manner prescribed herein. Pursuant to Chapter 1201, Government Code, as amended, the duty of transfer of a Bond as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bond that initially was issued and delivered pursuant to this Ordinance, approved by the Attorney General and registered by the Comptroller of Public Accounts. The Bond may be transferred and registered in the name of the new registered owner in whole but not in part. (c) Payment of Bond and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bond, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bond, shall properly and accurately record all payments on the Bond on the Registration Books, and shall keep proper records of all exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the past due interest shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of the Registered Owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (d) In General. The Bond (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bond to be payable only to the Registered Owner thereof, (ii) may be exchanged for another Bond, (iii) may be transferred and assigned, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Bond shall be payable, and (vii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bond, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. (e) Paying Agent/Registrar. The Issuer covenants with the Registered Owner of the Bond that at all times while the Bond is outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other entity to act as and perform the services of Paying Agent/Registrar for the Bond under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 20 days written notice to the Paying Agent/Registrar, to be effective not later than 15 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bond, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to the Registered Owner of the Bond, by United States mail, first-class postage prepaid, which Page 114 of 145 4 notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (f) Authentication. Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Paying Agent/Registrar's Authentication Certificate substantially in the form provided in this Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on the Bond. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bond delivered on the closing date shall have attached thereto the Comptroller's Registration Certificate substantially in the form provided in this Ordinance, manually executed by the Comptroller of Public Accounts of the State of Texas or by his duly authorized agent, which certificate shall be evidence that the Initial Bond has been duly approved by the Attorney General of the State of Texas and that it is a valid and binding obligation of the Issuer, and has been registered by the Comptroller. (g) Delivery of Initial Bond. On the closing date, one initial Bond representing the entire principal amount of the Bond, payable in stated installments to the purchaser designated in Section 10 or its designee, executed by manual or facsimile signature of the Mayor and City Secretary of the Issuer, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, and with the date of delivery inserted thereon by the Paying Agent/Registrar, will be delivered to such purchaser or its designee. [(h) With respect to any optional redemption of the Bond, unless certain prerequisites to such redemption required by this Ordinance have been met and money sufficient to pay the principal of and premium, if any, and interest on the Bond, or portions thereof, to be redeemed will have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice will state that said redemption may, at the option of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such money by the Paying Agent/Registrar on or prior to the date fixed for such redemption or upon any prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption are not fulfilled, such notice will be of no force and effect, the Issuer will not redeem such Bond, and the Paying Agent/Registrar will give notice in the manner in which the notice of redemption was given, to the effect that such Bond, or portions thereof, have not been redeemed.] Section 4. FORM OF BOND. The form of the Bond, including the form of Paying Agent/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 to be attached to the Bond initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as shown in Exhibit A, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. Section 5. INTEREST AND SINKING FUND. (a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Bond. All ad valorem taxes levied and collected for and on account of said Bond shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Bond is outstanding and unpaid, the governing body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Bond as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal Page 115 of 145 5 of said Bond as such principal matures (but never less than 2% of the original amount of said Bond as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while said Bond are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Bond, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. If lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to this Section may be reduced to the extent and by the amount of the lawfully available funds then on deposit in the Interest and Sinking Fund. (b) Article 1208, Government Code, applies to the issuance of the Bond and the pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Bond is outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the Registered Owner of the Bond a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur. Section 6. DEFEASANCE OF BOND. (a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until the Defeased Bond shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Bond and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of a Defeased Bond may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is Page 116 of 145 6 not required for the payment of the Defeased Bond, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the Bond, which currently includes the following: (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America., (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (d) Until the Defeased Bond shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bond the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND. (a) Replacement Bond. In the event any outstanding Bond is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bond. Application for replacement of a damaged, mutilated, lost, stolen or destroyed Bond shall be made by the Registered Owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the Registered Owner applying for a replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Bond, the Registered Owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the Registered Owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred that is then continuing in the payment of the principal of or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bond. Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge the Registered Owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance. Page 117 of 145 7 (e) Authority for Issuing Replacement Bond. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such Bond is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bond in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance for a Bond issued in exchange for another Bond. Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL. (a) The Mayor of the Issuer is hereby authorized to have control of the Bond initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Bond pending its delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers (if obtained) may, at the option of the Issuer, be printed on the Bond issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the Registered Owner of the Bond. In addition, if bond insurance is obtained, the Bond may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Bond is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Bond to the initial purchaser. Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BOND. (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Bond as an obligation described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Bond (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bond, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bond or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; Page 118 of 145 8 (3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bond (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Bond being treated as a "private activity bond" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Bond being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Bond, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Bond, other than investment property acquired with – (A) proceeds of the Bond invested for a reasonable temporary period of 3 years or less or, in the case of an advance refunding bond, for a period of 90 days or less until such proceeds are needed for the purpose for which the Bond is issued, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bond; (7) to otherwise restrict the use of the proceeds of the Bond or amounts treated as proceeds of the Bond, as may be necessary, so that the Bond does not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage); (8) to refrain from using the proceeds of the Bond or proceeds of any prior bonds to pay debt service on another issue more than 90 days after the date of issue of the Bonds in contravention of the requirements of section 149(d) of the Code (relating to advance refundings); and (9) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bond) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bond has been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(9), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the Registered Owner. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. (c) Use of Proceeds. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations (hereinafter defined) and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bond. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto (the "Treasury Regulations"). In the event that regulations or rulings are hereafter promulgated that modify or Page 119 of 145 9 expand provisions of the Code, as applicable to the Bond, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bond under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Bond, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bond under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Bond. (d) Disposition of Projects. The Issuer covenants that the projects funded with the proceeds of the Refunded Obligations will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax-exempt status of the Bonds. For purpose of the foregoing, the Issuer may rely on an opinion of nationally-recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Bond. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax proposes from gross income of the interest. (e) Written Procedures. Unless superseded by another action of the Issuer, to ensure compliance with the covenants contained herein regarding private business use, remedial actions, arbitrage and rebate, the Issuer hereby adopts and establishes the instructions attached hereto as Exhibit B as their written procedures. Section 10. SALE OF BOND. The Bond is hereby initially sold and shall be delivered to [-] (the "Purchaser"), in [-], Texas, for cash for the par value thereof, pursuant to the Private Placement Letter dated the date of the final passage of this Ordinance which the Mayor is hereby authorized to execute and deliver. The Bond shall initially be registered in the name of the Purchaser. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. Section 11. FURTHER PROCEDURES. The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager/CFO and City Secretary, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement (the form of which is hereby approved in the form presented at the meeting at which this Ordinance was adopted) with the Paying Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Bond, the sale of the Bond and the Official Statement, if such an Official Statement is prepared. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 12. NO RULE 15c2-12 UNDERTAKING. The Issuer has not made an undertaking in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The Issuer will however provide the owner of the Bond, with its annual financial report within 270 days after each of the Issuer’s fiscal year end beginning with the Issuer’s fiscal year ending September 30, 2020, unless such information is available on the Electronic Municipal Market Access website. Page 120 of 145 10 Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit: (a) The Issuer may from time to time, without the consent of the Registered Owner, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders. (b) Except as provided in paragraph (a) above, the Registered Owner shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of the Registered Owner, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in the Bond so as to: (1) Make any change in the maturity of the Bond; (2) Reduce the rate of interest borne by the Bond; (3) Reduce the amount of the principal payable on the Bond; (4) Modify the terms of payment of principal or of interest on the Bond or impose any condition with respect to such payment; or (5) Change the requirement with respect to Registered Owner consent to such amendment. (c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to the Registered Owner of the Bond a copy of the proposed amendment. (d) Whenever at any time within one year from the date of mailing of such notice the Issuer shall receive an instrument or instruments executed by the Registered Owner of the Bond, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and the Registered Owner of the Bond shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the Registered Owner of the Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the mailing of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of the mailing of said notice by the Registered Owner, or by a successor in title, by filing notice with the Issuer. For the purposes of establishing ownership of the Bond, the Issuer shall rely solely upon the registration of the ownership of such Bond on the registration books kept by the Paying Agent/Registrar. Page 121 of 145 11 Section 14. DEFAULT AND REMEDIES (a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: (i) the failure to make payment of the principal of or interest on the Bond when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the Issuer, the failure to perform which materially, adversely affects the rights of the Registered Owner of the Bond, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by the Registered Owner to the Issuer. (b) Remedies for Default. Upon the happening of any Event of Default, then and in every case, the Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the Issuer for the purpose of protecting and enforcing the rights of the Registered Owner under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owner hereunder or any combination of such remedies. (c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bond or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bond shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (iii) By accepting the delivery of a Bond authorized under this Ordinance, the Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the Issuer or the City Council. Section 15. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. In furtherance of authority granted by Section 1207.007(b), Texas Government Code, the Mayor or Assistant City Manager/CFO is further authorized to enter into and execute on behalf of the City with The Bank of New York Mellon Trust Company, N.A., an escrow or similar agreement, which agreement will provide for the payment in full of the Refunded Obligations. Section 16. REDEMPTION OF REFUNDED OBLIGATIONS. (a) The Issuer hereby directs that the Refunded Obligations be called for redemption on the dates set forth on Schedule I. Such Refunded Obligations shall be redeemed at the redemption price of par plus accrued interest. Page 122 of 145 12 (b) In addition, The Bank of New York Mellon Trust Company, N.A., the paying agent/registrar for the Refunded Obligations is hereby directed to provide notice of redemption to the registered owners of the respective series of Refunded Obligations and are hereby directed to make appropriate arrangements so that the respective series of Refunded Obligations may be redeemed on their respective redemption date. The Refunded Obligations shall be presented for redemption at the paying agent/registrar therefor, and shall not bear interest after the date fixed for redemption. (c) The source of funds for payment of the principal of and interest on the Refunded Obligations on their redemption date shall be from the funds deposited with the Escrow Agent, pursuant to the Escrow Agreement approved in Section 15 of this Ordinance. Section 17. APPROPRIATION. To pay the debt service coming due on the Bond prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other purpose. Section 18. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect. Section 19. EFFECTIVE DATE. In accordance with the provisions of Texas Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. --------------- Page 123 of 145 SCHEDULE I SCHEDULE I SCHEDULE OF REFUNDED OBLIGATIONS City of College Station, Texas General Obligation Improvement and Refunding Bonds, Series 2012 Principal Maturity Date Coupon CUSIP Redemption Date Redemption Price $1,265,000 02/15/2022 5.000% 1944687B4 02/15/2021 100.00 $545,000 02/15/2022 3.000% 1944687N8 02/15/2021 100.00 $1,905,000 02/15/2023 5.000% 1944687C2 02/15/2021 100.00 $1,180,000 02/15/2024 5.000% 1944687D0 02/15/2021 100.00 $185,000 02/15/2025 3.000% 1944687E8 02/15/2021 100.00 $195,000 02/15/2026 3.000% 1944687F5 02/15/2021 100.00 $205,000 02/15/2027 3.125% 1944687G3 02/15/2021 100.00 $210,000 02/15/2028 3.125% 1944687H1 02/15/2021 100.00 $215,000 02/15/2029 3.250% 1944687J7 02/15/2021 100.00 $225,000 02/15/2030 3.250% 1944687K4 02/15/2021 100.00 $230,000 02/15/2031 3.375% 1944687L2 02/15/2021 100.00 $240,000 02/15/2032 3.500% 1944687M0 02/15/2021 100.00 City of College Station, Texas Certificates of Obligation, Series 2012 Principal Maturity Date Coupon CUSIP Redemption Date Redemption Price $795,000 02/15/2022 4.000% 1944687Y4 02/15/2021 100.00 $830,000 02/15/2023 4.000% 1944687Z1 02/15/2021 100.00 $860,000 02/15/2024 3.000% 1944688A5 02/15/2021 100.00 $885,000 02/15/2025 3.000% 1944688B3 02/15/2021 100.00 $910,000 02/15/2026 3.000% 1944688C1 02/15/2021 100.00 $935,000 02/15/2027 3.125% 1944688D9 02/15/2021 100.00 $965,000 02/15/2028 3.125% 1944688E7 02/15/2021 100.00 $1,000,000 02/15/2029 3.250% 1944688F4 02/15/2021 100.00 $1,035,000 02/15/2030 3.250% 1944688G2 02/15/2021 100.00 $1,075,000 02/15/2031 5.000% 1944688H0 02/15/2021 100.00 $1,135,000 02/15/2032 5.000% 1944688H0 02/15/2021 100.00 Page 124 of 145 A-1 EXHIBIT A FORM OF BOND (a) Form of Bond. The form of the Bond, including the form of Paying Agent/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 to be attached to the Bond initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. NO. R-1 UNITED STATES OF AMERICA STATE OF TEXAS PRINCIPAL AMOUNT $[-] CITY OF COLLEGE STATION, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2020A Interest Rate Delivery Date [-]% November [-], 2020 REGISTERED OWNER: [-] PRINCIPAL AMOUNT: [-] DOLLARS The City of College Station, Texas (the "Issuer"), being a political subdivision of the State of Texas located in Brazos County, for value received, promises to pay, from the sources described herein, to the registered owner specified above, or registered assigns, the principal amount specified above, and to pay interest thereon, from the Delivery Date set forth above, on the balance of said principal amount from time to time remaining unpaid, at the rate per annum set forth above, calculated on the basis of a 360-day year of twelve 30-day months. The unpaid principal of this Bond shall mature and shall be paid in the Principal Installments on the Payment Dates set forth in the table below: Payment Date Principal Installment Coupon * Final Maturity Page 125 of 145 A-2 THE PRINCIPAL OF AND INTEREST ON THIS BOND are payable in lawful money of the United States of America, without exchange or collection charges. The Issuer shall pay interest on this Bond on February 15, 2021 and on each August 15 and February 15 thereafter to the date of maturity [or date of prior redemption]. The last principal installment of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed for its redemption prior to maturity, at the principal office of [-] located in [-], Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of all other principal installments of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and interest payment date by check or draft, dated as of such principal and interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the Bond Ordinance to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the last business day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Except for the final principal installment, no presentment of this Bond is required for payment of any other principal or interest payment. In addition, principal and interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. ANY ACCRUED INTEREST due in connection with the final installment of principal of this Bond, [or any date of prior redemption], shall be paid to the registered owner upon presentation and surrender of this Bond for payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bond, when due. The Paying Agent/Registrar shall record all payments of principal installments on such Bond when made on their respective due dates. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is dated November 1, 2020, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $[-] for the public purpose of refunding certain outstanding obligations of the Issuer, and to pay the costs incurred in connection with the issuance of the Bond. [ON ANY DATE, the unpaid principal installments of this Bond are subject to redemption, and may be redeemed prior to the scheduled due dates by the Issuer, as a whole or in part, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest thereon to the date of redemption, without premium. The Issuer shall give notice of its direction to redeem the principal installments of this Bond to the Paying Agent/Registrar and the Registered Owner of this Bond no later than thirty days prior to the date fixed for redemption. UPON THE PREPAYMENT of this Bond, the Paying Agent/Registrar, shall note in the Prepayment Record appearing on this Bond the amount of such prepayment, the date said payment was made and the remaining unpaid principal balance of this Bond and shall then have said entry signed by an authorized official of the Paying Agent/Registrar. The Paying Agent/Registrar shall also record such information in the Page 126 of 145 A-3 Registration Books, and the Paying Agent/Registrar shall also record in the Registration Books all payments of principal installments on this Bond when made on their respective due dates. THIS BOND is issuable in the form of one fully-registered Bond without coupons in the denomination of $[-]. This Bond may be transferred or exchanged as provided in the Bond Ordinance, only upon the registration books kept for that purpose at the above-mentioned office of the Paying Agent/Registrar upon surrender of this Bond together with a written instrument of transfer or authorization for exchange satisfactory to the Paying Agent/Registrar and duly executed by the registered owner or his duly authorized attorney, and thereupon a new Bond of the same maturity and in the same aggregate principal amount, taking into account any prior installment payments or redemptions of portions of this Bond, shall be issued by the Paying Agent/Registrar to the transferee in exchange therefor as provided in the Bond Ordinance, and upon payment of the charges therein prescribed. The Issuer and the Paying Agent/Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal and interest due hereon and for all other purposes. The Paying Agent/Registrar shall not be required to make any such transfer or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owner of the Bond. THIS BOND shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication shall have been executed by the Paying Agent/Registrar or the Comptroller's Registration Certificate hereon shall have been executed by the Texas Comptroller of Public Accounts. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law; and that annual ad valorem taxes 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 said Issuer, and have been pledged for such payment, within the limit prescribed by law. THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owner of the Bond. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. Page 127 of 145 A-4 (signature) (signature) City Secretary Mayor (SEAL) (b) Form of Payment Record. PAYMENT RECORD Date of Payment Principal Payment (amount and installment(s) to which payment is applied) Remaining Principal Balance Name and Title of Authorized Officer making Entry Signature of Authorized Officer (c) Form of Paying Agent/Registrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in replacement of, or in exchange for, a Bond that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: . [-] [-], Texas Paying Agent/Registrar By: Authorized Representative (d) Form of Assignment. ASSIGNMENT (Please type or print clearly) For value received, the undersigned hereby sells, assigns and transfers unto: Page 128 of 145 A-5 Please insert Social Security or Taxpayer Identification Number of Transferee Please print or typewrite name and address, including zip code, of Transferee the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: . Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. (e) Form of Registration Certificate of the Comptroller of Public Accounts. COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. _________ I hereby certify that there is on file and of record in my office a true and correct copy of the opinion of the Attorney General of the State of Texas approving this Bond and that this Bond has been registered this day by me. Witness my signature and seal this . Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Page 129 of 145 B-1 EXHIBIT B WRITTEN PROCEDURES FOR TAX COMPLIANCE These procedures, together with any federal tax certifications, provisions included in the authorizing document (the "Ordinance") with respect to the issuance and sale of Obligations (as defined below), letters of instructions and/or memoranda from bond counsel and any attachments thereto (the "Closing Documents"), are intended to assist the Issuer in complying with federal guidelines related to the issuance of any tax-exempt debt such as the Issuer's General Obligation Refunding Bond, Series 2020A (the "Obligations"). A. Arbitrage Compliance. Federal income tax laws generally restrict the ability to earn arbitrage in connection with the Obligations. The Responsible Person (as defined below) will review the Closing Documents periodically (at least once a year) to ascertain if an exception to arbitrage compliance applies. 1. Procedures applicable to Obligations issued for construction and acquisition purposes. With respect to the investment and expenditure of the proceeds of the Obligations that are issued to finance public improvements or to acquire land or personal property, the Issuer's Assistant City Manager/CFO and Director of Finance (together with other employees of the Issuer who report to or such officer, is collectively, the "Responsible Person") will: a. Instruct the appropriate person who is primarily responsible for the construction, renovation or acquisition of the facilities financed with the Obligations (the "Project") that (i) binding contracts for the expenditure of at least 5% of the proceeds of the Obligations are entered into within 6 months of the date of closing of the Obligations (the "Issue Date") and that (ii) the Project must proceed with due diligence; b. Monitor that at least 85% of the proceeds of the Obligations to be used for the construction, renovation or acquisition of the Project are expended within 3 years of the Issue Date; c. Monitor the yield on the investments purchased with proceeds of the Obligations and restrict the yield of such investments to the yield on the Obligations after 3 years of the Issue Date; d. Monitor all amounts deposited into a sinking fund or funds pledged (directly or indirectly) to the payment of the Obligations, such as the Interest and Sinking Fund, to assure that the maximum amount invested within such applicable fund at a yield higher than the yield on the Obligations does not exceed an amount equal to the debt service on the Obligations in the succeeding 12 month period plus a carryover amount equal to one-twelfth of the principal and interest payable on the Obligations for the immediately preceding 12- month period; and e. Ensure that no more than 50% of the proceeds of the Obligations are invested in an investment with a guaranteed yield for 4 years or more. 2. Procedures applicable to Obligations with a debt service reserve fund. In addition to the foregoing, if the Issuer issues Obligations that are secured by a debt service reserve fund, the Responsible Person will: a. Assure that the maximum amount of any reserve fund for the Obligations invested at a yield higher than the yield on the Obligations will not exceed the lesser of (1) 10% of the Page 130 of 145 B-2 principal amount of the Obligations, (2) 125% of the average annual debt service on the Obligations measured as of the Issue Date, or (3) 100% of the maximum annual debt service on the Obligations as of the Issue Date. 3. Procedures applicable to Escrow Accounts for Refunding Issues. In addition to the foregoing, if the Issuer issues Obligations and proceeds are deposited to an escrow fund to be administered pursuant to the terms of an escrow agreement, the Responsible Person will: a. Monitor the actions of the escrow agent to ensure compliance with the applicable provisions of the escrow agreement, including with respect to reinvestment of cash balances; b. Contact the escrow agent on the date of redemption of obligations being refunded to ensure that they were redeemed; and c. Monitor any unspent proceeds of the refunded obligations to ensure that the yield on any investments applicable to such proceeds are invested at the yield on the applicable obligations or otherwise applied (see Closing Documents). 4. Procedures applicable to all Tax-exempt Obligation Issues. For all issuances of Obligations, the Responsible Person will: a. Maintain any official action of the Issuer (such as a reimbursement resolution) stating the Issuer's intent to reimburse with the proceeds of the Obligations any amount expended prior to the Issue Date for the acquisition, renovation or construction of the facilities; b. Ensure that the applicable information return (e.g., IRS Form 8038-G, 8038-GC, or any successor forms) is timely filed with the IRS; and c. Assure that, unless excepted from rebate and yield restriction under section 148(f) of the Code, excess investment earnings are computed and paid to the U.S. government at such time and in such manner as directed by the IRS (i) at least every 5 years after the Issue Date and (ii) within 30 days after the date the Obligations are retired. B. Private Business Use. Generally, to be tax-exempt, only an insignificant amount of the proceeds of each issue of Obligations can benefit (directly or indirectly) private businesses. The Responsible Persons will review the Closing Documents periodically (at least once a year) for the purpose of determining that the use of the facilities financed or refinanced with the proceeds of the Obligations (the "Project") do not violate provisions of federal tax law that pertain to private business use. In addition, the Responsible Persons will: 1. Develop procedures or a "tracking system" to identify all property financed with tax- exempt debt; 2. Monitor and record the date on which the Project is substantially complete and available to be used for the purpose intended; 3. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, the employees of the Issuer, the agents of the Issuer or members of the general public has any contractual right (such as a lease, purchase, management or other service agreement) with respect to any portion of the facilities; Page 131 of 145 B-3 4. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, the employees of the Issuer, the agents of the Issuer or members of the general public has a right to use the output of the facilities (e.g., water, gas, electricity); 5. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, the employees of the Issuer, the agents of the Issuer or members of the general public has a right to use the facilities to conduct or to direct the conduct of research; 6. Monitor and record whether, at any time the Obligations are outstanding, any person, other than the Issuer, has a naming right for the facilities or any other contractual right granting an intangible benefit; 7. Monitor and record whether, at any time the Obligations are outstanding, the facilities are sold or otherwise disposed of; and 8. Take such action as is necessary to remediate any failure to maintain compliance with the covenants contained in the Ordinance related to the public use of the Project. C. Record Retention. The Responsible Person will maintain or cause to be maintained all records relating to the investment and expenditure of the proceeds of the Obligations and the use of the facilities financed or refinanced thereby for a period ending three (3) years after the complete extinguishment of the Obligations. If any portion of the Obligations is refunded with the proceeds of another series of tax-exempt Obligations, such records shall be maintained until the three (3) years after the refunding Obligations are completely extinguished. Such records can be maintained in paper or electronic format. D. Responsible Persons. Each Responsible Person shall receive appropriate training regarding the Issuer's accounting system, contract intake system, facilities management and other systems necessary to track the investment and expenditure of the proceeds and the use of the Project financed or refinanced with the proceeds of the Obligations. The foregoing notwithstanding, each Responsible Person shall report to the governing body of the Issuer whenever experienced advisors and agents may be necessary to carry out the purposes of these instructions for the purpose of seeking the governing body's approval to engage or utilize existing advisors and agents for such purposes. Page 132 of 145 October 22, 2020 Item No. 5.2. Summary of assistance provided to residents and businesses affected by the COVID-19 pandemic, discussion of current needs identified in the community caused by COVID-19, and discussion regarding the use of additional CARES Act Community Development Block Grant funding in the amount of $822,034. Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding a summary of assistance provided to residents and businesses affected by the COVID-19 pandemic, discussion of current needs identified in the community caused by COVID-19, and discussion regarding the use of additional CARES Act Community Development Block Grant funding in the amount of $822,034. Relationship to Strategic Goals: Good governance, financial sustainability, core services and infrastructure, diverse and growing economy Recommendation(s): Staff recommends that Council receive a presentation and provide direction. Summary: Community Development staff will present a summary of funds distributed to residents and businesses affected by the COVID-19 pandemic. The City will receive additional CARES Act Community Development funds in the amount of $822,034. Due to the changing conditions in the community due to the pandemic, staff has worked to collect information regarding current needs from service providers, residents, and businesses. This information will be presented along with possible funding areas for the additional funding. A public hearing is included for citizens to provide additional feedback. A specific plan for the allocation of funding will be developed based on direction and specific U. S. Department of Housing and Urban Development requirements and provided to Council at a future date. Budget & Financial Summary: Discussion regarding $822,034 in additional CARES Act Community Development Block Grant funding. Reviewed & Approved by Legal: No Attachments: None Page 133 of 145 October 22, 2020 Item No. 5.3. Approval of a Public Health Reimbursement for Baylor Scott & White in the amount of $748,000.22 for public health labor expenses and supplies to respond to COVID-19. Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a Public Health Reimbursement for Baylor Scott & White in the amount of $748,000.22 for public health labor expenses and supplies to respond to COVID-19. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval of a Public Health Reimbursement for Baylor Scott & White in the amount of $748,000.22 for public health labor expenses and supplies to respond to COVID-19. Summary: Baylor Scott & White submitted a Public Health Reimbursement Program application for consideration of a reimbursement of expenses related to COVID-19 in the amount of $748,000.22. Staff has reviewed documentation submitted and confirmed the all expenses were reasonable and necessary. Budget & Financial Summary: Funding available through the CARES Act. Reviewed & Approved by Legal: No Attachments: None Page 134 of 145 October 22, 2020 Item No. 5.4. Approval of a Public Health Reimbursement for CHI St. Joseph Regional Health Center in the amount of $641,168.61 for public health labor expenses and supplies to respond to COVID-19. Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a Public Health Reimbursement for CHI St. Joseph Regional Health Center in the amount of $641,168.61 for public health labor expenses and supplies to respond to COVID-19. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval of a Public Health Reimbursement for CHI St. Joseph Regional Health Center in the amount of $641,168.61 for public health labor expenses and supplies to respond to COVID-19. Summary: CHI St. Joseph Regional Health Center submitted a Public Health Reimbursement Program application for consideration of a reimbursement of expenses related to COVID-19 in the amount of $641,168.61. Staff has reviewed documentation submitted and confirmed the all expenses were reasonable and necessary. Budget & Financial Summary: Funding available through the CARES Act Reviewed & Approved by Legal: No Attachments: None Page 135 of 145 October 22, 2020 Item No. 5.5. Park Land Expansion Sponsor:Kelly Kelbly, Assistant Director of Parks and Recreation Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the conversion of existing greenways property to park land in the Lick Creek Area. Relationship to Strategic Goals: Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends support for the conversion of the 110.5 acres of greenway properties to park land. On July 14, 2020, the Parks & Recreation Advisory Board unanimously passed a motion to approve the properties as park property. Summary: Bordered by the Midtown Business Park, Rock Prairie Road and Highway 6 are numerous greenway properties throughout the Lick Creek corridor. These greenways were acquired through dedicated platting and purchased with 98 bond monies. Budget & Financial Summary: No budgetary or financial implications. Reviewed & Approved by Legal: No Attachments: None Page 136 of 145 October 22, 2020 Item No. 5.6. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend 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. 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. On April 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 23, 2020, the College Station City Council consented with Ordinance 2020-4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal. On May 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal. On June 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 25, 2020, the College Station City Council consented with Ordinance 2020-4195 to the Mayor’s June 22, 2020, Disaster Declaration Renewal. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face Page 137 of 145 coverings for commercial entities until Friday, July 10, 2020. On July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings. On July 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 23, 2020, the College Station City Council consented with Ordinance 2020-4203 to the Mayor’s July 22, 2020, Disaster Declaration Renewal. On August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls. On August 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the Mayor’s August 21, 2020, Disaster Declaration Renewal. On September 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the Mayor’s September 21, 2020, Disaster Declaration Renewal. On October 20, 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, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, and September 21, 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. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.October 22 Ordinance Renewing Disaster Declaration Page 138 of 145 ORDINANCE NO.__________ DISASTER DECLARATION RENEWAL AND EXTENSION ORDINANCE 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 23, 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 139 of 145 Ordinance No Page 2 of 4 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to 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; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS; on July 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, May 22, 2020, and June 22, 2020; and WHEREAS; on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS; on August 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, April 21, 2020, May 22, 2020, June 22, 2020, and July 22, 2020; and WHEREAS; on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS; on September 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, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020 and August 21, 2020; and WHEREAS; on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS; on October 20, 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, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020; and September 21, 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 Page 140 of 145 Ordinance No Page 3 of 4 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 the state of disaster renewal proclaimed by the Mayor on October 20, 2020, as set out in Exhibit A is consented to and extended by the College Station City Council and shall continue until terminated by the College Station City Council. 2. This Ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the 22nd day of October, 2020. PASSED AND ADOPTED, this 22nd day of October, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 141 of 145 Ordinance No Page 4 of 4 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON OCTOBER 20, 2020 Page 142 of 145 DECLARATION OF DISASTER RENEWAL 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 23, 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 143 of 145 Disaster Declaration Renewal Page 2 of 3 COVID-19 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to 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; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS; on July 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, May 22, 2020, and June 22, 2020; and WHEREAS; on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the July 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS; on August 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, April 21, 2020, May 22, 2020, June 22, 2020; and July 22, 2020 and WHEREAS; on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the August 21, 2020, Disaster Declaration Renewal; and WHEREAS; on September 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, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, and August 21, 2020 and WHEREAS; on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; 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 Page 144 of 145 Disaster Declaration Renewal Page 3 of 3 COVID-19 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 PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEGE STATION: 1. Pursuant to §418.014 of the Texas Government Code the state of disaster is hereby renewed as proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020, August 21, 2020, and September 21, 2020 are renewed, until terminated by the College Station City Council. 2. Pursuant to §418.108(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration, unless continued or renewed by the City Council of College Station. 3. Pursuant to §418.108(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. That this proclamation shall take effect on October 20, 2020. DECLARED this 20th day of October, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 145 of 145