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Home My WebLink About01/26/2023 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: https://us06web.zoom.us/j/96728393278 Phone: 888 475 4499 and Meeting ID: 967 2839 3278 January 26, 2023 4:00 PM City Hall Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1.Call to Order. 2.Executive Session Agenda. a. 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. b. 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. c. Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV-85, in the 85th District Court, Brazos County, Texas. d. Robert Danny Clack, II v. City of College Station, et al., Civil Action No. 4:22-cv-02404, in the U.S. District Court for the Southern District of Texas, Houston Division. e. Kristin Marriott v. City of College Station, Cause No. 22-002259-CV-272, in the 272nd District Court, Brazos County, Texas. f. Legal advice regarding City facility use policies and the public’s rental and use of City-owned buildings and facilities. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular Agendas and return into Executive Session to seek legal advice from its attorney regarding any item on the Workshop, Consent or Regular agendas under Chapter 551, Texas Government Code. 2.1 Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. 2.2 Consultation with Attorney {Gov’t Code Section 551.071}; 2.3 Personnel {Gov’t Code Section 551.074}; Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney- client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed. Page 1 of 153 City Council Page 2 January 26, 2023 Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. Zoning Board of Adjustments b. City Manager c. Council Self Evaluation 3. The Open Meeting will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any 4. Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who desires to address the City Council regarding any agenda item other than those items posted for Executive Session must register with the City Secretary two (2) hours before the meeting being called to order. Individuals shall register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979-764- 3500. 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. Please do not carry purses, briefcases, backpacks, liquids, foods or any other object other than papers or personal electronic communication devices to the lectern, nor advance past the lectern unless you are invited to do so. Each speaker’s remarks are limited to three (3) minutes. Any speaker addressing the Council using a translator may speak for six (6) minutes. The speaker’s microphone will mute when the allotted time expires and the speaker must leave the podium. 5. 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. 6. Workshop Items. 6.1. Presentation, discussion, and possible action regarding proposals received in response to Request for Information 23-018 - Affordable Housing Development in College Station through the Texas Department of Housing and Community Affairs 2023 9% Low-Income Housing Tax Credit allocation process. Sponsors: Debbie Eller Attachments: 1. Location Maps 6.2. Presentation, discussion, and possible action regarding the nature of Electric Vehicle (EV) Fast Charger stations and the City’s addition of a retail electric rate to address this new customer type. Sponsors: Timothy Crabb Attachments: None 7. Consent Agenda. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. Page 2 of 153 City Council Page 3 January 26, 2023 7.1. Presentation, discussion, and possible action of minutes for: • January 12, 2023 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM011223 DRAFT Minutes 7.2. Presentation, discussion, and possible action on the First Amendment to Resolution No. 08-25- 22-8.4, that adopts fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. Sponsors: Mary Ellen Leonard Attachments: 1. FY 22-23 Fee Resolution 01.26.23 - Final (1) 2. FY 22-23 Fee Resolution 01.26.23 - redline 7.3. Presentation, discussion, and possible action on an ordinance amending Chapter 40, “Utilities,” Article I, “In General,” 40-11 “Payment of Bills” of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to bill payment; providing a severability clause; declaring a penalty; and providing an effective date. Sponsors: Mary Ellen Leonard Attachments: 1. CH 40 Sec 40-11 Payment of Bills Ord Amend 12-20-22 7.4. Presentation, discussion, and possible action regarding an ordinance amending Chapter 40, "Utilities," Article III “Electric System,” Division 2 “Rate Schedules,” of the Code of Ordinances of the City of College Station, Texas, by amending Section 40-322 “Electric Rate Schedule TDA (transmission delivery adjustment)” and creating a new Section 40-326 “Electric Rate Schedule EV (electric vehicle fast charger);” providing a severability clause and an effective date. Sponsors: Timothy Crabb Attachments: 1. Ch. 40-322 TDA & 40-326 EVFC Ord 7.5. Presentation, discussion, and possible action on a $189,696 change order to the ten-year master service agreement with Axon Enterprise, Inc. (“AXON”) for cameras and storage for eight (8) additional patrol vehicles. Sponsors: Mike Pavelka Attachments: 1. Change Order No.1 Contract 23300001 7.6. Presentation, discussion, and possible action regarding adoption of a resolution consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1 in an amount not to exceed $4,005,000 for water improvements. Sponsors: Mary Ellen Leonard Attachments: 1. Brazos County MUD #1 Bond Resolution 1-26-23 7.7. Presentation, discussion, and possible action regarding the purchase of Advanced Metering Infrastructure (AMI) electric meters for Electric warehouse inventory stock from Landis+Gyr Technology, Inc. for an amount not to exceed $216,023.96. Sponsors: Mary Ellen Leonard Attachments: 1. CC Req23102412 010323 7.8. Presentation, discussion, and possible action on approving annual purchases of auto parts, shop equipment and services from NAPA Auto Parts through Purchasing Solutions Alliance purchasing cooperative not-to-exceed amount of $180,000. Sponsors: Mary Ellen Leonard Page 3 of 153 City Council Page 4 January 26, 2023 Attachments: 1. 20-201 1st Amendment and Extension 2. NAPA Award Letter 7.9. Presentation, discussion, and possible action on approving an annual blanket purchase order for parts and repair labor for fire trucks from Siddons-Martin Emergency Group through the BuyBoard Purchasing Cooperative not to exceed $250,000. Sponsors: Mary Ellen Leonard Attachments: 1. BuyBoard 651-21 Siddons Martin Emergency Group 7.10. Presentation, discussion, and possible action on approving annual tire purchases and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative (Contract 636-21) in the annual not-to-exceed amount of $310,000. Sponsors: Mary Ellen Leonard Attachments: 1. BuyBoard 636-21 Southern Tire Mart 7.11. Presentation, discussion, and possible action regarding the repeal of Resolution No. 2-23-2006- 10.13 that will sunset the Joint Relief Funding Review Committee. Sponsors: David Brower Attachments: 1. Resolution 7.12 . Presentation, discussion, and possible action regarding a resolution accepting a $170,920.84 grant from the Office of the Governor for purchasing bullet resistant shields for the police department. Sponsors: Rodney Sigler Attachments: 1. Grant Resolution 7.13 . Presentation, discussion, and possible action on a revised resolution nominating FUJIFILM Diosynth Biotechnologies, LLC for designation by the Governor's Office of Economic Development and Tourism as a Texas Enterprise Project and repealing resolution number 10-13- 22-8.11. Sponsors: Brian Piscacek Attachments: 1. Revised Nomination Resolution 8. Regular Agenda. 8.1. Public Hearing, presentation, discussion, and possible action on an ordinance vacating and abandoning a 0.274 acre portion of a variable width Public Utility Easement, said portion lying within Lot 2, Block 1, of the Traditions Subdivision Phase 23 according to the easement recorded in Volume 13417, Page 155, of the Official Records of Brazos County, Texas. Sponsors: Anthony Armstrong Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Vicinity Map 4. Location Map 5. Application 8.2. Presentation, discussion, and possible action regarding the award of a contract to Brazos Paving, Inc. for base failure repairs and pavement reconstruction treatments in an amount not to exceed $8,410,000. This item is for contracted equipment, labor, and materials for standard maintenance activities associated with asphalt streets. Sponsors: Emily Fisher Attachments: 1. 23-017 Base Failure Repairs and Reconstruction Bid Tab Page 4 of 153 City Council Page 5 January 26, 2023 8.3. Presentation, discussion, and possible action regarding a resolution forming a CDBG Public Service Agency Funding Review Committee. Sponsors: David Brower Attachments: 1. 1 - Resolution CDBG Public Service Agency FRC 8.4. Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions: • Architectural Advisory Committee • Audit Committee • B/CS Library • Bicycle, Pedestrian, and Greenways Advisory Board • Design Review Board • ZBA Sponsors: Tanya Smith Attachments: None 9. Council Calendar - Council May Discuss Upcoming Events. 10. Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 11. Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 13. Adjourn. Page 5 of 153 City Council Page 6 January 26, 2023 This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” 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 and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on January 20, 2023 at 5:00 p.m. City Secretary Page 6 of 153 January 26, 2023 Item No. 6.1. Affordable Housing Development through LIHTC Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding proposals received in response to Request for Information 23-018 - Affordable Housing Development in College Station through the Texas Department of Housing and Community Affairs 2023 9% Low-Income Housing Tax Credit allocation process. Relationship to Strategic Goals: Financial Sustainability, Core Services & Infrastructure, Neighborhood Integrity, Diverse & Growing Economy Recommendation(s): Staff recommends discussion and direction from City Council regarding possible action on two (2) proposed applications for the 2023 9% Low-Income Housing Tax Credit Program. Summary: The 9% Low Income Housing Tax Credit Program is one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Tax credits are awarded to eligible participants to offset a portion of their federal tax liability in exchange for the production or preservation of affordable rental housing. This program is highly competitive and awarded on a regional basis. Applications are scored and ranked within their region and in accordance with the rules and laws outlined in the Qualified Alllocation Plan approved by the Governor. Staff will provide a presentation regarding the demonstrated need for more affordable rental units in College Station, a summary of Fair Housing requirements, a summary of the 9% Low Income Housing Tax Credit program and scoring criteria, and details regarding two (2) proposals received in response to Request for Information - Affordable Housing Development (RFI 23-018). The presentation will include locations of each proposed development, type of development, number of rental units broken down by affordable and market rate, and basic amenities and services. City Council has several options available, including support of one application, none, all or a combination; or providing a resolution of no objection to one, none, all or a combination. Budget & Financial Summary: N/A Attachments: 1. Location Maps Page 7 of 153 Page 8 of 153 Page 9 of 153 January 26, 2023 Item No. 6.2. Presentation on Level 3 Electric Vehicle Fast Chargers Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the nature of Electric Vehicle (EV) Fast Charger stations and the City’s addition of a retail electric rate to address this new customer type. Relationship to Strategic Goals: Core Services and Infrastructure Financially Sustainable City Recommendation(s): Staff recommends Council receive this presentation. Summary: EV fast charging stations can place large demands on the electric system infrastructure but may not use a corresponding large amount of energy. Thus, these customers have the potential to exhibit a poor load factor which is not accounted for in our current rate structure. This can represent a risk to the electric utility’s fixed cost recovery. College Station Utilities partnered with a consultant, NewGen Strategies & Solutions, to develop a rate structure to appropriately address that risk. Budget & Financial Summary: N/A Attachments: None Page 10 of 153 January 26, 2023 Item No. 7.1. Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • January 12, 2023 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM011223 DRAFT Minutes Page 11 of 153 CCM 011223 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JANUARY 12, 2023 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha Bob Yancy Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Assistant City Attorney Ian Whittenton, Deputy City Secretary Kristen Hejny, Administrative Support Specialist 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In-Person and Teleconference at 4:00 p.m. on January 12, 2023, 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 January 12, 2023, 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; and •Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas Page 12 of 153 CCM 011223 Minutes Page 2 •Robert Danny Clack, II v. City of College Station, et al., Civil Action No. 4:22-cv-02404, in the U.S. District Court for the Southern District of Texas, Houston Division •Kristin Marriott v. City of College Station, Cause No. 22-002259-CV-272, in the 272nd District Court, Brazos County, Texas D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: •Construction Board of Adjustments •Planning and Zoning Commission •Zoning Board of Adjustments •City Secretary •Council Self-Evaluation 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 6:12 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments Matthew Rother, College Station, came before Council to speak on Brazos Valley Cares and its role in the community. Susan Marty, College Station, came before Council to speak on Brazos Valley Cares and its role in the community, stating that the Stake Your Support event will be held on March 25, 2023 John Nicks, Plantersville, came before Council to present dash cam footage of an accident in his personal vehicle and thank Officer Shawn Tarantino of the College Station Police Department for his professional response. 6. WORKSHOP ITEMS 6.1. Presentation, discussion, and possible action regarding the future process for the allocation of Community Development Block Grant Public Service Agency Funds. David Brower, Community Development Analyst, explained to Council that since 1985, the Cities of College Station and Bryan have partnered to jointly award Community Development Block Grant (CDBG) funds to nonprofit health and human service programs that primarily benefit low to moderate income residents. CDBG allows no more than 15% of a city’s annual allocation to be used for this type of funding. The Joint Relief Funding Review Committee (JRFRC) was created to allow three Council appointed volunteers from College Station and three from Bryan to evaluate proposals and to recommend funding as part of each City’s Council approved Annual Action Plan and Budget. Since 1985 the JRFRC has recommended over 9.8 million dollars in funding (5.2 million from College Station and 4.6 million from Bryan) to 50 different agencies. The City of Bryan notified City of College Station staff in September of 2022 of their intent to sunset the JRFRC and the Bryan City Council voted to discontinue the JRFRC process and adopt a new, internal method at their November 17, 2022 meeting. The City of Bryan cited decreased funding Page 13 of 153 CCM 011223 Minutes Page 3 amounts, increased proposal evaluation timelines, and the staff time required to administer the JRFRC process as reasons for their decision. Staff is seeking direction from City Council on developing a new process to allocate City of College Station CDBG Public Service Agency funds to fund nonprofit programs benefiting low- and moderate-income residents. Staff will present options and gather input to create this new process. A consensus of council directed staff bring back a potential process which would include citizen comment and evaluation of applicants for funding, give preference to serving residents of College Station, and pursue communication and collaboration with the City of Bryan. 6.2. Presentation and discussion regarding an update on the 88th session of the Texas Legislature. Ross Brady, Assistant to the City Manager, introduced Jennifer Rodriguez to the Council as our legislative consultant to provide an update on the 88th session of the Texas Legislature. Jennifer Rodriguez, Attorney at Law, provided an update outlining what can be expected to occur during the 2023 legislative session, which bills are likely to impact local governments, and ways in which the city can participate in the legislative process. Current legislators and legislators-elect filed bills in advance of the legislature convening January 10th and as of January 11th there are 1,252 House bills and 351 Senate bills filed with March 10th being the last day to file new bills. Key Issues for4 the 88th Legislature: •State Budget for the 2024-2025 Biennium •$32.7 Billion Budget Surplus •Property Tax Relief •Education Funding •Border Security •School Security •Electric Grid Improvements 6.3. Presentation, discussion, and possible action regarding the adoption of resolution 01-12-23- 6.3 establishing the City's legislative program for the 88th session of the Texas Legislature. Ross Brady, Assistant to the City Manager, stated that the City's legislative program directs the City Manager and staff to support or oppose issues likely to arise during the 88th Legislative Session, and to communicate those stances to members of the Texas Legislature. Staff request Council direction on the proposed positions outlined: •Local Control •Finance •Water Rights •Electricity •Growth & Development •Public Safety MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted six (6) for and (1) opposed, with Councilmember Yancy voting against, to approve Resolution 01-12-23-6.3 with the addition of a condition to “Finance” that the city will Page 14 of 153 CCM 011223 Minutes Page 4 support legislation which will more accurately reflect the calculations of property appraisal values. The motion carried. Fred Dupriest, College Station, came before Council to urge them to add support for local zoning control to the resolution. John Nicks, Plantersville, came before Council to state his opinion that local governments should not employ lobbyist to influence other branches of government. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Items 7.2, 7.4, 7.6 were pulled from Consent for clarification. (7.2) Sam Rivera, Information Technologies CIO, clarified that this quote only includes software. (7.4) Sam Rivera, Information Technologies CIO, explained the circumstances necessitating this change order. (7.6) Emily Fischer, Director of Public Works, explained that this is an increase to an annual price agreement. 7.1. Presentation, discussion, and possible action of minutes for: •December 8, 2022 Council Meeting 7.2. Presentation, discussion, and possible action regarding a three-year enterprise agreement with SHI for Microsoft software licenses for $302,915.64 per year 7.3. Presentation, discussion, and possible action on the FY23 BVWACS budget. 7.4. Presentation, discussion, and possible action on a change order for $74,426 to the utility billing software master services agreement with Origin Utility, Inc. 7.5. Presentation, discussion, and possible action regarding a HOME Investment Partnership Program Community Housing Development Organization funding agreement in the amount of $274,800 with Elder Aid to provide funds to acquire and rehabilitate a duplex located at 1225- 1227 Georgia Street. 7.6. Presentation, discussion, and possible action regarding the approval of an annual price agreement for the purchase of Cement Treated Base and Type D Grade 1 Cement Treated (4%) Recycled Crushed Concrete Base with Brazos Paving, Inc. for an amount not to exceed $734,800. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. REGULAR ITEMS Page 15 of 153 CCM 011223 Minutes Page 5 8.1. Presentation, discussion, and possible action regarding the appointment of Councilmembers to boards and commissions. •Arts Council: Councilmember Cunha •Blinn College Brazos County Advisory Committee: No Appointment •Brazos County Health Board (2-year term): Councilmember Yancy •BV Community Emergency Operations Center Policy Advisory Board: Mayor Nichols and Councilmember Harvell •BV Council of Governments Board of Directors: Mayor Nichols •BV Council of Gov't Intergovernmental Committee (2-year term): Mayor Nichols and Councilmember Smith •BV Economic Development Corporation (3-year term): Mayor Nichols •Brazos Valley Solid Waste Management Agency Board of Directors (one full 3-year term and one partial 1-year unexpired term): Mayor Nichols and Councilmember Smith •BV Wide Area Communications System: Councilmember Wright •Regional Transportation Committee for Council of Governments: Councilmember Yancy •Bryan/College Station Metropolitan Planning Organization: Mayor Nichols •Rellis External Advisory Council: No appointment •Sister Cities (3-year term): Councilmember Maloney •Spring Creek Local Government Corporation Services: Councilmember Yancy and Smith •Architectural Advisory Committee (2-year term): Mayor Nichols, Councilmembers Cunha and Harvell •Audit Committee (2-year term): Mayor Nichols (Chair) and Councilmember Smith •Budget and Finance: Mayor Nichols (Chair), Councilmembers Cunha and Maloney •College Station History Sub-Committee: Councilmembers Harvell, Wright, and Maloney •College Station for the Renaming of City-owned Facilities Sub-Committee: Body was sunset •Compensation and Benefits: Mayor Nichols, Councilmembers Yancy and Smith •Economic Development: Mayor Nichols (Chair), Councilmembers Yancy and Wright •Transportation & Mobility: Councilmembers Cunha (Chair), Smith, and Harvell MOTION: Upon a motion made by Mayor Nichols, and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the appointments of Councilmembers to boards and commissions stated above. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve the appointments of Councilmembers to internal committees as stated above. The motion carried unanimously. 8.2. Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions: •Planning and Zoning Commission •Construction Board of Adjustments •Zoning Board of Adjustments •Impact Fee Advisory Committee •Parks and Recreation Board •Historic Preservation Committee Page 16 of 153 CCM 011223 Minutes Page 6 (P&Z) Planning and Zoning Commission MOTION: Upon a motion made by Mayor Nichols, and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint Dennis Christiansen to Position 6 as chairperson for a 1 year term, Jason Cornelius to Position 4 for a 3 year term, Marcus Chaloupka to Position 2 for a 2 year term, Aron Collins to Position 3 for a 3 year term, and David White to Position 7 for a 1 year term, to the P&Z Commission. The motion carried unanimously. (CBA) Construction Board of Adjustments MOTION: Upon a motion made by Mayor Nichols, and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint Cynthia Giedraitis to Position 5 for a 3 year term, and William Eide to Alternate 1 for a 3 year term, to the Construction Board of Adjustments. The motion carried unanimously. (ZBA) Zoning Board of Adjustments MOTION: Upon a motion made by Mayor Nichols, and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint James Hutchens to Alternate 1 for a 2 year term, William Eide to Alternate 2 for a 2 year term, Cynthia Giedraitis to Position 3 for a 2 year term, Kevin Bishop to Alternate 3 for a 2 year term, Michael Martinez to Position 4 for a 1 year term, and Trent Thomas to Alternate 4 for a 2 year term; to the Zoning Board of Adjustments. The motion carried unanimously. (IFAC) Impact Fee Advisory Committee MOTION: Upon a motion made by Councilmember Maloney, and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to appoint John Magruder and Richard Woodward to the Impact Fee Advisory Committee. The motion carried unanimously. Parks and Recreation Board A majority of council appointed Dr. David Scott to Position 4 for a 3 year term, Scott Shafer to Position 5 for a 3 year term, and Dr. Gary Halter to Position 6 for a 3 year term. MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember Cunha, the City Council voted seven (7) for and none (0) opposed, to appoint David Higdon as chairperson of the Parks and Recreation Board. The motion carried unanimously. (HPC) Historic Preservation Committee A majority of council appointed Gerald Burgner to Position 1 for a 3 year term, Louis Hodges to position 2 for a 3 year term, Ben White to Position 4 for a 2 year term, Dr. Gary Halter to Position 7 for a 1 year term, Lisa Mouton to Position 6 for a 2 year term, Tom Turbiville to Position 3 for a 3 year term, and Jessica Williams to Position 8 for a 1 year term to the Historic Preservation Committee. MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to appoint Gerald Burgner as chairperson of the Historic Preservation Committee. The motion carried unanimously. Page 17 of 153 CCM 011223 Minutes Page 7 9. Council Calendar Council reviewed the calendar. 10. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Councilmember Wright spoke on the Exploring History luncheon on the third Wednesday of each month. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Maloney spoke on his attendance at a recent Wreaths Across America event. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Cunha clarified her previous request for a report regarding solicitors, requesting clarification under the city’s solicitation ordinance. Councilmember Yancy requested an item from staff on public safety. 13. Adjournment. There being no further business, Mayor Nichols adjourned the Meeting of the City Council at 8:43 p.m. on Thursday, January 12, 2023. ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 18 of 153 January 26, 2023 Item No. 7.2. Spring Fee Resolution Amendment Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on the First Amendment to Resolution No. 08-25-22-8.4, that adopts fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve the First Amendment to Resolution No. 08-25-22-8.4 to update certain sections and fees for Fiscal Year 2023. Summary: All fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. On August 25, 2022, the Fiscal Year 2023 fees were adopted by Council. However, electric vehicle usage charges were not included as additional research was necessary. In addition, it is recommended that the electric rates be simplified by removing the summer / winter differential. Electric Vehicle Fast Charger rates and the summer / winter differential changes are included as part of this amendment. This First Amendment to Resolution No. 08-25- 22-8.4 updates the affected sections, fees, rates and charges for Fiscal Year 2023. While implementing configurations for the utility billing software upgrade, it was discovered that the calculation of late charges and penalties in the software is different than the current flat amount. In order to avoid costly change orders related to software customization, staff is recommending that Resolution No. 08-25-22-8.4 be amended to align with the software calculation. The change in calculation will go into effect when this First Amendment to Resolution No. 08-25-22-8.4 is passed. Budget & Financial Summary: This change will not impact the budget. Attachments: 1. FY 22-23 Fee Resolution 01.26.23 - Final (1) 2. FY 22-23 Fee Resolution 01.26.23 - redline Page 19 of 153 RESOLUTION NO. FIRST AMENDMENT TO RESOLUTION NO. 08-25-22-8.4 FIRST AMENDMENT TO RESOLUTION NO. 08-25-22-8.4 OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), THAT ESTABLISHED FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 “ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES” OF THE CODE OF ORDINANCES. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; and WHEREAS, on August 25, 2022, the City of College Station adopted Resolution No. 08-25-22- 8.4 that established fees, rates and charges as authorized in Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances; and WHEREAS, the City of College Station now wishes to amend certain sections of Resolution No. 08-25-22-8.4, as shown in this First Amendment to Resolution No. 08-25-22-8.4; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council in Resolution No. 08-25-22-8.4 approved, authorized and established the fees, rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas, and now needs to amend certain sections of Resolution No. 08-25-22-8.4, as shown in Exhibit A, “Fees, Rates and Charges”. PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates and Charges” shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3:That the City Council is only amending certain sections of Resolution No. 08-25- 22-8.4, as shown in Exhibit A, “Fees, Rates and Charges”, and all other parts of said current resolution not expressly amended herein shall remain effective as of the date of its original passage. PART 4:That this First Amendment to Resolution No. 08-25-22-8.4 shall become effective immediately after passage and approval. Page 20 of 153 Resolution No First Amendment to Resolution No. 08-25-22-8.4 Page 2 of 7 January 26, 2023 ADOPTED this 26th day of January, 2023. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 21 of 153 Resolution No First Amendment to Resolution No. 08-25-22-8.4 Page 3 of 7 January 26, 2023 EXHIBIT A FEES, RATES AND CHARGES CHAPTER 40: UTILITIES 1. Article I. In General c. Sec. 40-11. Payment of bills. i.All payments must be received by the Utility Customer Service Office on or before the due date to avoid late charges or penalties. Payments received after the due date are assessed a late charge or penalty equaling ten percent (10%) of the current monthly charges. 3. Article III. Electric System Division 2. Rate Schedules a.Sec. 40-315. Electric Rate Schedule R (residential customers). • Rate: 1.Service charge: $7.00 per month; plus 2.Energy charge: $0.1187 per kWh for all kWh; plus 3.Transmission Delivery Adjustment: $0.0166 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.1192/kWh. 2.50% participation: $0.1214/kWh. 3.100% participation: $0.1242/kWh. b.Sec. 40-316. Electric Rate Schedule R-1 (master metered residential units). • Rate: 1.Service charge: $100 per month; plus 2.Energy charge: $0.1187 per kWh for all kWh; plus 3.Transmission Delivery Adjustment: $0.0166 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.1192/kWh. 2.50% participation: $0.1214/kWh. 3.100% participation: $0.1242/kWh. Page 22 of 153 Resolution No First Amendment to Resolution No. 08-25-22-8.4 Page 4 of 7 January 26, 2023 c.Sec. 40-317. Electric Rate Schedule SC (small commercial customers). • Rate: 1.Service charge: $9.00 per month; plus 2.Energy charge: First 1,000 kWh $0.1379 per kWh, $0.1032 per kWh for all kWh over 1000; plus 3.Transmission Delivery Adjustment: $0.0166 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: First 1,000 kWh $0.1385, $0.1037 all additional kWh. 2.50% participation: First 1,000 kWh $0.1407, $0.1059 all additional kWh. 3. 100% participation: First 1,000 kWh $0.1434, $0.1087 all additional kWh. d. Sec. 40-318. Electric Rate Schedule LP-1 (medium commercial customers). i.Rate: 1.Service charge: $25.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy charge: $0.0703 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $199.10 - per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.0708/kWh. 2.50% participation: $0.0730/kWh. 3.100% participation: $0.0758/kWh. e. Sec. 40-319. Electric Rate Schedule LP-2 (large commercial). i.Rate: 1.Service charge: $75.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy Charge: $0.0674 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. Page 23 of 153 Resolution No First Amendment to Resolution No. 08-25-22-8.4 Page 5 of 7 January 26, 2023 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the following on-peak/off-peak rates: 1.On-peak demand charge: $7.32; plus 2.Off-peak demand charge: $4.13. iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh. 2. 50%: $0.0702/kWh. 3. 100%: $0.0729/kWh. f. Sec. 40-320. Electric rate Schedule LP-3 (industrial and institutional). i.Rate: 1.Service charge: $250.00 per month; plus 2.Demand charge: $10.84 per kW of monthly billing demand; plus 3.Energy charge: $0.0651 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest of the following charges: 1. $16,538.34 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the on- peak/off-peak rates established in Section 2-117. 1.On-Peak Demand Charge: $7.32, plus 2.Off-Peak Demand Charge: $4.13 iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.0657/kWh. 2.50% participation: $0.0679/kWh. 3.100% participation: $0.0706/kWh. Page 24 of 153 Resolution No First Amendment to Resolution No. 08-25-22-8.4 Page 6 of 7 January 26, 2023 g. Sec. 40-321. Electric Rate Schedule SL (security lights). i.The rates per month per light are established in Section 2-117. 1.100 Watt (or equivalent) $17.22. 2.200 Watt (or equivalent) $26.65. 3.400 Watt (or equivalent) $33.40. h. Sec. 40-323. Electric Rate Schedule PQF. i. Rate. The City will pay the QF producer for all power purchased at the following rates: 1.Capacity. No payment shall be made, except by separate firm power contract between the producer and the City. 2.Energy. The metered output from the producer will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt- hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. In the event that the producer exercises the option to sell power to the City, there will be assessed, in addition to the minimum monthly bill requirements under the applicable service rate schedule, a customer service charge of $15.00 per month to cover costs realized for metering, billing, maintenance, administrative, and other expenses necessary to maintain service to the QF. i. Sec. 40-325. Electric Rate Schedule SRE. i.Rate. In a billing month after the retail customer receives approval to interconnect their on-site generating system to the City s electric distribution system, the customer will be billed: 1.Based upon their current electric service rate for the kilowatt-hours used from the City s electric distribution system. The excess kilowatt- hours that are passed back to the system from their on-site generation will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt-hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. 2.The calculated amount for the excess kilowatt-hours passed back to the system will be credited to the current balance of the retail customer s utility account. If a credit exists at any time on the account, the customer may request in writing a refund for the credit amount. If the customer closes the account with a credit remainder in their account, they will be refunded this amount. Page 25 of 153 Resolution No First Amendment to Resolution No. 08-25-22-8.4 Page 7 of 7 January 26, 2023 j. Sec. 40-326. Electric Rate Schedule EV (electric vehicle fast charger). i.Rate: 1.Service charge: $75.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy Charge: $0.0674 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh. 2. 50%: $0.0702/kWh. 3. 100%: $0.0729/kWh. Page 26 of 153 FIRST AMENDMENT TO RESOLUTION NO. 08-25-22-8.4 AFIRST AMENDMENT TO RESOLUTION NO. 08-25-22-8.4 OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), THAT ESTABLISHEDING THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 “ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES” OF THE CODE OF ORDINANCES; AND REPEALING PRIOR FEES, RATES AND CHARGES FOUND RESOLUTIONS AND AMENDMENTS. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; and WHEREAS, on August 25, 2022, the City of College Station adopted Resolution No. 08-25-22- 8.4 that established fees, rates and charges as authorized in Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances; and WHEREAS, the City of College Station now wishes to amend certain sections of Resolution No. 08-25-22-8.4, as shown in this First Amendment to Resolution No. 08-25-22-8.4; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has in Resolution No. 08-25-22-8.4 approved, authorized and established the fees, rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas, and now needs to amend certain sections of Resolution No. 08-25-22-8.4, as shown in Exhibit A, “Fees, Rates and Charges”. PART 2: That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates and Charges” shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3:That the City Council is only amending certain sections of Resolution No. 08-25- 22-8.4, as shown in Exhibit A, “Fees, Rates and Charges”, and all other parts of said current resolution not expressly amended herein shall remain effective as of the date of its original passage.hereby repeals all prior resolutions and amendments establishing any fees, rates or charges as are established in Exhibit A, “Fees, Rates and Charges”. PART 4:That this First Amendment to resolution Resolution No. 08-25-22-8.4 shall become effective immediately after passage and approval. Page 27 of 153 First Amendment to Resolution No. 08-25-22-8.4 Page 2 of 7 January 26, 2023 ADOPTED this 26th day of January, 2023. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 28 of 153 First Amendment to Resolution No. 08-25-22-8.4 Page 3 of 7 January 26, 2023 EXHIBIT A FEES, RATES AND CHARGES CHAPTER 40: UTILITIES 1. Article I. In General c. Sec. 40-11. Payment of bills. i.Payments must be received at the Utility Customer Service Office on or before the due date to avoid late charges. Payments received after the due date will be assessed a penalty equaling ten percent of the current monthly charges with a minimum charge of $3.30. i.All payments must be received by the Utility Customer Service Office on or before the due date to avoid late charges or penalties. Payments received after the due date are assessed a late charge or penalty equaling ten percent (10%) of the current monthly charges. 3. Article III. Electric System Division 2. Rate Schedules a.Sec. 40-315. Electric Rate Schedule R (residential customers). • Rate: 1.Service charge: $7.00 per month; plus 2.Energy charge: $0.1187 per kWh for all kWh; plus, except $0.1136 per kWh for all kWh in the billing months of November through April; plus 3.Transmission Delivery Adjustment: $0.0166 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.1192/ per kWh for all kWh., except $0.1142 per kWh for all kWh in the billing months of November through April. 2.50% participation: $0.1214/ per kWh for all kWh., except $0.1164 per kWh for all kWh in the billing months of November through April. 3.100% participation: $0.1242/ per kWh for all kWh., except $0.1191 per kWh for all kWh in the billing months of November through April. b.Sec. 40-316. Electric Rate Schedule R-1 (master metered residential units). • Rate: 1.Service charge: $100 per month; plus 2.Energy charge: $0.1187 per kWh for all kWh; plus, except, $0.1136 per kWh for all kWh in the billing months of November through April; plus Page 29 of 153 First Amendment to Resolution No. 08-25-22-8.4 Page 4 of 7 January 26, 2023 3.Transmission Delivery Adjustment: $0.0166 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.1192/ per kWh for all kWh., except $0.1142 per kWh for all kWh in the billing months of November through April. 2.50% participation: $0.1214/ per kWh for all kWh., except $0.1164 per kWh for all kWh in the billing months of November through April. 3.100% participation: $0.1242/ per kWh for all kWh., except $0.1191 per kWh for all kWh in the billing months of November through April. c.Sec. 40-317. Electric Rate Schedule SC (small commercial customers). • Rate: 1.Service charge: $9.00 per month; plus 2.Energy charge: First 1,000 kWh $0.1379 per kWh, $0.1032 per kWh for all kWh over 1000; plus 3.Transmission Delivery Adjustment: $0.0166 per kWh. • Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: First 1,000 kWh $0.1385, $0.1037 all additional kWh. 2.50% participation: First 1,000 kWh $0.1407, $0.1059 all additional kWh. 3. 100% participation: First 1,000 kWh $0.1434, $0.1087 all additional kWh. d. Sec. 40-318. Electric Rate Schedule LP-1 (medium commercial customers). i.Rate: 1.Service charge: $25.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy charge: $0.0703 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $199.10 - per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: $0.0708/kWh. 2.50% participation: $0.0730/kWh. 3.100% participation: $0.0758/kWh. e. Sec. 40-319. Electric Rate Schedule LP-2 (large commercial). i.Rate: Page 30 of 153 First Amendment to Resolution No. 08-25-22-8.4 Page 5 of 7 January 26, 2023 1.Service charge: $75.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy Charge: $0.0674 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the following on-peak/off-peak rates: 1.On-peak demand charge: $7.32; plus 2.Off-peak demand charge: $4.13. iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh. 2. 50%: $0.0702/kWh. 3. 100%: $0.0729/kWh. f. Sec. 40-320. Electric rate Schedule LP-3 (industrial and institutional). i.Rate: 1.Service charge: $250.00 per month; plus 2.Demand charge: $10.84 per kW of monthly billing demand; plus 3.Energy charge: $0.0651 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest of the following charges: 1. $16,538.34 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the on- peak/off-peak rates established in Section 2-117. 1.On-Peak Demand Charge: $7.32, plus 2.Off-Peak Demand Charge: $4.13 iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. Page 31 of 153 First Amendment to Resolution No. 08-25-22-8.4 Page 6 of 7 January 26, 2023 1.10% participation: $0.0657/kWh. 2.50% participation: $0.0679/kWh. 3.100% participation: $0.0706/kWh. g. Sec. 40-321. Electric Rate Schedule SL (security lights). i.The rates per month per light are established in Section 2-117. 1.100 Watt (or equivalent) $17.22. 2.200 Watt (or equivalent) $26.65. 3.400 Watt (or equivalent) $33.40. h. Sec. 40-323. Electric Rate Schedule PQF. i. Rate. The City will pay the QF producer for all power purchased at the following rates: 1.Capacity. No payment shall be made, except by separate firm power contract between the producer and the City. 2.Energy. The metered output from the producer will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt- hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. In the event that the producer exercises the option to sell power to the City, there will be assessed, in addition to the minimum monthly bill requirements under the applicable service rate schedule, a customer service charge of $15.00 per month to cover costs realized for metering, billing, maintenance, administrative, and other expenses necessary to maintain service to the QF. i. Sec. 40-325. Electric Rate Schedule SRE. i.Rate. In a billing month after the retail customer receives approval to interconnect their on-site generating system to the City s electric distribution system, the customer will be billed: 1.Based upon their current electric service rate for the kilowatt-hours used from the City s electric distribution system. The excess kilowatt- hours that are passed back to the system from their on-site generation will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt-hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. 1.2.The calculated amount for the excess kilowatt-hours passed back to the system will be credited to the current balance of the retail customer s utility account. If a credit exists at any time on the account, the customer may request in writing a refund for the credit amount. If the customer closes the account with a credit remainder in their account, they will be refunded this amount. Page 32 of 153 First Amendment to Resolution No. 08-25-22-8.4 Page 7 of 7 January 26, 2023 j. Sec. 40-326. Electric Rate Schedule EV (electric vehicle fast charger). i.Rate: 1.Service charge: $75.00 per month; plus 2.Demand charge: $11.44 per kW of monthly billing demand; plus 3.Energy Charge: $0.0674 per kWh for all kWh; plus 4.Transmission Delivery Adjustment: $0.0166 per kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1. $3,514.50 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0680/kWh. 2. 50%: $0.0702/kWh. 3. 100%: $0.0729/kWh. Page 33 of 153 January 26, 2023 Item No. 7.3. Late Fee Ordinance Update Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance amending Chapter 40, “Utilities,” Article I, “In General,” 40-11 “Payment of Bills” of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to bill payment; providing a severability clause; declaring a penalty; and providing an effective date. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approval of the ordinance to update the calculation of late fees to be consistent with the new utility billing software calculation. Summary: The Utility Customer Service department is undergoing a software upgrade as approved by Council. In the course of configuration work, it was discovered that the calculation of late charges and penalties in the software is different than the current flat amount. In order to avoid costly change orders related to software customization, staff is recommending that the ordinance be revised to be in alignment with the software calculation. The software implementation date is tentatively scheduled to be completed in fiscal year 2024. Budget & Financial Summary: This change will not impact the budget. Attachments: 1. CH 40 Sec 40-11 Payment of Bills Ord Amend 12-20-22 Page 34 of 153 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 40, “UTILITIES,” ARTICLE I, “IN GENERAL,” 40-11 “PAYMENT OF BILLS” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO BILL PAYMENT; 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: Chapter 40, “Utilities,” Article I, “In General,” 40-11 “Payment of Bills” 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 35 of 153 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 36 of 153 ORDINANCE NO._____ Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Chapter 40, “Utilities,” Article I, “In General,” 40-11 “Payment of Bills” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-11. - Payment of bills. All payments must be received by the Utility Customer Service Office on or before the due date to avoid late charges or penalties. Payments received after the due date are assessed a late charge or penalty equaling ten percent (10%) of the current monthly charges. Page 37 of 153 January 26, 2023 Item No. 7.4. Ordinance Amendment for Electric Rate Schedule, Transmission Delivery Adjustment and EV Fast Charger Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 40, "Utilities," Article III “Electric System,” Division 2 “Rate Schedules,” of the Code of Ordinances of the City of College Station, Texas, by amending Section 40-322 “Electric Rate Schedule TDA (transmission delivery adjustment)” and creating a new Section 40-326 “Electric Rate Schedule EV (electric vehicle fast charger);” providing a severability clause and an effective date. Relationship to Strategic Goals: Core Services and Infrastructure Financial Sustainability Recommendation(s): Staff recommends approval of this ordinance amendment. Summary: The TDA is an instrument to recover costs associated with the Electric Reliability Council of Texas (ERCOT) transmission system which is utilized in the transmission of electricity to the College Station area. Electric Vehicle Fast Charging stations (Level 3) are a high demand, low kwh usage facility. Currently, College Station Utilities (CSU) does not have a rate that accurately reflects the needed infrastructure required to serve fast charging station loads. This ordinance amendment clarifies the formula definitions used for calculating the TDA and establishes an EV Fast Charger rate. Budget & Financial Summary: N/A Attachments: 1. Ch. 40-322 TDA & 40-326 EVFC Ord Page 38 of 153 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 40 “UTILITIES,” ARTICLE III “ELECTRIC SYSTEM,” DIVISION 2 “RATE SCHEDULES,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 40-322 “ELECTRIC RATE SCHEDULE TDA (TRANSMISSION DELIVERY ADJUSTMENT), AND BY CREATING A NEW SECTION 40-326 “ELECTRIC RATE SCHEDULE EV (ELECTRIC VEHICLE FAST CHARGER);” PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 40 “Utilities,” Article III “Electric System,” Division 2 “Rate Schedules,” of the Code of Ordinances of the City of College Station, Texas, be amended by amending Section 40-322 “Electric Rate Schedule TDA (Transmission Delivery Adjustment),” as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That Chapter 40 “Utilities,” Article III “Electric System,” Division 2 “Rate Schedules,” of the Code of Ordinances of the City of College Station, Texas, be amended by creating a new Section 40-326 “Electric Rate Schedule EV (electric vehicle fast charger),” as set out in Exhibit “B”, attached hereto and made a part of this ordinance for all purposes. PART 3: That if any provision of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 4: This Ordinance becomes effective immediately upon passage by the City Council. PASSED, ADOPTED AND APPROVED this day of , 20___. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney Page 39 of 153 ORDINANCE NO. ___________ Page 2 EXHIBIT “A” That Chapter 40 “Utilities,” Article III “Electric System,” Division 2 “Rate Schedules,” Section 40-322 “Electric Rate Schedule TDA (Transmission Delivery Adjustment)” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 40-322. - Electric Rate Schedule TDA (transmission delivery adjustment). (a) There is hereby established Electric Rate Schedule TDA, which shall be electric service billed under all applicable rate schedules and shall be subject to the application of a transmission delivery adjustment (TDA) charge determined by multiplying the billing kilowatt hour (kwh) for the current month times a Transmission Delivery Adjustment Factor (TDAF). The TDAF shall be calculated on an annualized basis in accordance with the following formula: 𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇=𝑇𝑇𝑇𝑇𝑆𝑆∗𝑇𝑇𝑇𝑇 (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) TDAF means transmission delivery adjustment factor, rounded to the nearest $0.0001 per kWh. (2) TC means total estimated transmission delivery cost including congestion fees, Transmission Cost of Service (TCOS) Matrix estimated access payment fees, and any other costs associated with delivery of wholesale power to the City on an annualized basis. (3) S means total estimated kWh energy sales to City customers on an annualized basis, minus the kWh’s allotted to streetlight service and security lights. (4) CF means correction factor adjustment to be applied to correct for any variances that would affect the calculation to account for collecting the entire amount allocated to transmission delivery cost. This calculation will be made on an annual basis to coincide with the Public Utility Commission of Texas (PUCT) adjustment to the TCOS Matrix. Page 40 of 153 ORDINANCE NO. ___________ Page 3 EXHIBIT “B” That Chapter 40 “Utilities,” Article III “Electric System,” Division 2 “Rate Schedules,” is amended by creating a new Section 40-326 “Electric Rate Schedule EV (electric vehicle fast charger),” of the Code of Ordinances of the City of College Station, Texas, and it hereby shall read as follows: Sec. 40-326. - Electric Rate Schedule EV (electric vehicle fast charger). (a) Established. There is hereby established Electric Rate Schedule EV, which shall be applicable to all Electric Vehicle Level 3 fast charging stations where service is taken through one meter at one point of delivery and where the design kilowatt demand is equal to or greater than 500 kW and less than 2,000 kW. Service will be furnished under this rate schedule subject to the established rules and regulations of the City covering this type of service. Before service is furnished hereunder, an individual service agreement contract between the customer and the City may be required outlining all details of the service to be supplied, the terms of the contract, and the obligations of each party. (b) Character of service. A.C., 60 cycles per second, three phase 120/208 or 277/480 volts as available at point of service. Three-phase customers served via underground primary to pad mounted transformers will be furnished only 120/208 (up to 1,000 kVA of load) or 277/480 volt service. (c) Rate. (1) Service charge: Established in Section 2-117; plus (2) Demand charge: Established in Section 2-117; plus (3) Energy charge: Established in Section 2-117. (d) Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: (1) The amount established in Section 2-117, plus applicable transmission delivery adjustment on the kilowatt-hours used. (2) The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. (3) The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. (e) Billing demand. (1) Billed for 100% of designed demand in the first month after service is initiated (2) Thereafter, billed monthly on the greater of the following: a. Actual measured maximum demand for the month b. 80% of peak actual measured demand over the preceding 12 months (on a rolling basis) Page 41 of 153 ORDINANCE NO. ___________ Page 4 c. 50% of design demand (f) Power factor. Should the power factor be lower than 0.90 lagging, the City may adjust the measured demand by multiplying by the ratio of 0.90 of the actual power factor. (g) Transmission delivery adjustment. The monthly charges under this rate schedule shall be increased or decreased as necessary to reflect the application of a transmission delivery adjustment calculated in accordance with Schedule TDA; provided, however, that the adjustment shall never be less than zero. (h) Electric rider. Wind Watts Wind Energy Rider. (1) Availability. This optional service shall be available to all commercial customers who select wind generated energy as a source of electricity under the City's Wind Watts Program, in lieu of electricity provided from traditional generation. Wind Watt's energy is available to customers on a first-come, first-served basis subject to available supply. Page 42 of 153 January 26, 2023 Item No. 7.5. AXON Change Order #1 Sponsor: Mike Pavelka, Deputy Chief of Police Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on a $189,696 change order to the ten-year master service agreement with Axon Enterprise, Inc. (“AXON”) for cameras and storage for eight (8) additional patrol vehicles. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff respectfully recommends approving the change order to add cameras and associated storage for eight (8) additional patrol cars to the ten-year agreement with AXON. Summary: On September 22, 2022, Council approved a ten-year contract with AXON Enterprise, Inc. (“AXON”) for the purchase of products and services including cameras, Fleet Cameras, Electronic Control Devices, and digital storage for those devices. After approval of the initial contract with AXON Enterprise, Inc., eight (8) additional patrol vehicles were acquired and thus cameras and associated storage for those vehicles is needed. The total change order amount for the ten-years for the eight (8) additional systems and storage is $189,696, and payments are to be rendered in annual installments. All purchases under this agreement are being made through Sourcewell Cooperative Contract #010720-AXN. All products and services on the Sourcewell Cooperative have been competitively bid and awarded. The use of this Cooperative Contract complies with Chapter 791.025 of the State of Texas Government Code. Budget & Financial Summary: Funds are available and budgeted in the department from the General Fund. Attachments: 1. Change Order No.1 Contract 23300001 Page 43 of 153 CONTRACT & AGREEMENT ROUTING FORM C ITY OF C OLLEGE S TATION CONTRACT#: 23300001co1 PROJECT#: N/A BID/RFP/RFQ#: _N_/A __ _ ---- Hom e of Texa s A &M Univers ity • Project Name I Contract Description: Change Order 1 to Master Services & Purchasing Agreement (MSPA) AXON Products and Services Name of contractor: Axon Enterprise, Inc. ("AXON") CONTRACT TOTAL VALUE: $ $6,607,253.66 Grant Funded Yes0 No [iJ If yes, what is the grant number: I.__ __ _. Debarment Check D Yes D No D N/ A Section 3 Plan Incl. D Yes D No [i] N/ A Davis Bacon Wages UsedD Yes D No[j] N/A Buy America Required D Yes D No [ii N/ A Transparency Report D Yes D No [j] N/ A D NEW CONTRACT 0RENEWAL# __ [j]CHANGEORDER#_1_ D OTHER ____ _ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) Change Order 1 in the amount of $189,696.00 to Axon MSPA to add equipment for eight (8) additional patrol vehicles acquired and not included in the original MSPA contract. Reference Axon Quote Q-430890-44897.783DT. Associated with Sourcewell Cooperative Contract #010720-AXN. Amounts shown are for 114 month program length, however payment is to be rendered in annual installments as shown on the quote. Funding: 10010300 -5324 CRC Approval Date*: ____ _ {If required}* Council Approval Date*: 1/26/23 Agenda Item No*: __ _ --Section to be completed by Risk, Purchasing or City Secretary's Office On/y- lnsurance Certificates: N/A Performance Bond: N/A Payment Bond: N/A Info Tech: N/A SIGNATURES RECOMMENDING APPROVAL DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE ASST CITY MGR -CFO DATE LEGAL DEPARTMENT DATE APPROVED & EXECUTED CITY MANAGER DATE N/A MAYOR (if applicable) DATE N/A CITY SECRET ARY (if applicable) DATE _ Original(s) sent to CSO on __ Scanned into Laserfiche on __ _ _Original(s) sent to Rscal on __ _ Page 44 of 153 CHANGE ORDER NO. 1 DATE: 12/12/2022 Contract No. 23300001 PROJECT: Master Services & Purchasing Agreement (MSPA) AXON products and services OWNER:CONTRACTOR: City of College Station Axon Enterprise, Inc. P.O. Box 9960 17800 N. 85th Street Ph: 800-978-2737 College Station, Texas 77842 Scottsdale, Arizona, 85255 Fax: 480-991-0791 PURPOSE OF THIS CHANGE ORDER: TOTAL $189,696.00 TOTAL CHANGE ORDER $189,696.00 ORIGINAL CONTRACT AMOUNT $6,417,557.66 CHANGE ORDER NO. 1 $189,696.00 0.029559 CHANGE REVISED CONTRACT AMOUNT $6,607,253.66 2.96% TOTAL CHANGE ORIGINAL CONTRACT TERM 10 years (September 22, 2022 Effective Date) CHANGE ORDER NO. 1 - No Time Extension. 0 years Revised Contract Term 0 APPROVED ___________________________________________ CONTRACTOR Date __________________________________________ DEPARTMENT DIRECTOR Date ___________________________________________ CITY PROJECT MANAGER Date __________________________________________ ASST CITY MANAGER - CFO Date __________________________________________ CITY ATTORNEY Date __________________________________________ CITY MANAGER Date Revised 2012 0719 THE NET AFFECT OF THIS CHANGE ORDER IS 2.96% INCREASE. ADDED COST Note: Amounts shown are for 114 months program length, however payment is to be rendered in annual installments as show on the quote. Year one of Quote has been pro-rated to align with agency's annual automatic renewal term billing dates in accordance with anticipated execution date of the Change Order and the attached Quote. For description, quantity, unit price, discounts and cost information, see Axon Quote Q-430890-44897.783DT attached. Associated with Sourcewell Cooperative Contract #010720-AXN. Add fleet camera equipment and digital storage for eight (8) additional patrol vehicles aquired and not included in the original MSPA contract. Axon Program: 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP, Fleet3A - Fleet 3 Advanced and A la Carte Warranties: 11641 - CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL DESCRIPTION QUANTITY 8 Page 45 of 153 Page 1 Q-430890-44897.783DT Contract No. 23300001 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Q-430890-44897.783DT Issued: 12/02/2022 Quote Expiration: 12/23/2022 Estimated Contract Start Date: 05/01/2023 Account Number: 116837 Payment Terms: N30 Delivery Method: Quote Summary Discount Summary This quote, terms and conditions and SOW are subject to the terms and conditions of the Axon MSA dated September 22, 2022 with contract number 23300001. All other terms and conditions of the MSA remain in full force and effect. Payment Summary Date Subtotal Tax Total Apr 2023 $9,984.01 $0.00 $9,984.01 Oct 2023 $19,968.00 $0.00 $19,968.00 Oct 2024 $19,968.00 $0.00 $19,968.00 Oct 2025 $19,968.00 $0.00 $19,968.00 Oct 2026 $19,968.00 $0.00 $19,968.00 Oct 2027 $19,968.00 $0.00 $19,968.00 Oct 2028 $19,968.00 $0.00 $19,968.00 Oct 2029 $19,968.00 $0.00 $19,968.00 Oct 2030 $19,968.00 $0.00 $19,968.00 Oct 2031 $19,967.99 $0.00 $19,967.99 Total $189,696.00 $0.00 $189,696.00 Average Savings Per Year $44.16 TOTAL SAVINGS $5,033.76 Program Length 114 Months TOTAL COST $189,696.00 ESTIMATED TOTAL W/ TAX $189,696.00 SALES REPRESENTATIVE PRIMARY CONTACT Danny Thielen Phone: (480) 434-8810 Email: dthielen@axon.com Fax: Michael Pavelka Phone: (979) 764-6356 Email: mpavelka@cstx.gov Fax: SHIP TO BILL TO College Station PD-800 Krenek Tap Road 800 Krenek Tap Rd College Station, TX 77840-5028 USA College Station Police Dept. - TX 800 Krenek Tap Rd College Station, TX 77840-5028 USA Email: Page 46 of 153 Page 2 Q-430890-44897.783DT Contract No. 23300001 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Quote Unbundled Price: $194,729.76 Quote List Price: $201,360.00 Quote Subtotal: $189,696.00 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program 80462FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 6 $108.00 $0.00 $0.00 $0.00 $0.00 Fleet3AFleet 3 Advanced 8 114 $200.73 $208.00 $208.00 $189,696.00 $0.00 $189,696.00 A la Carte Warranties 11641CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 54 $15.00 $0.00 $0.00 $0.00 $0.00 Total $189,696.00 $0.00 $189,696.00 Page 47 of 153 Page 3 Q-430890-44897.783DT Contract No. 23300001 Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 8 04/01/2023 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 8 04/01/2023 Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 8 04/01/2023 Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 8 04/01/2023 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 8 04/01/2023 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 8 04/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 8 05/01/2023 10/31/2032 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 8 05/01/2023 10/31/2032 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 8 05/01/2023 10/31/2032 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 16 05/01/2023 10/31/2032 Services Bundle Item Description QTY Fleet 3 Advanced 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 8 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 8 04/01/2024 10/31/2032 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 8 04/01/2024 10/31/2032 A la Carte 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 05/01/2028 10/31/2032 Page 48 of 153 Page 4 Q-430890-44897.783DT Contract No. 23300001 Payment Details Apr 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 1 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 1 Fleet3A Fleet 3 Advanced 8 $9,984.01 $0.00 $9,984.01 Total $9,984.01 $0.00 $9,984.01 Oct 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 2 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 2 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Oct 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 3 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 3 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Oct 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 4 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 4 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Oct 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 5 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 5 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Oct 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 6 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 6 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 6 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Page 49 of 153 Page 5 Q-430890-44897.783DT Contract No. 23300001 Oct 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 7 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 7 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 7 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Oct 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 8 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 8 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 8 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Oct 2030 Invoice Plan Item Description Qty Subtotal Tax Total Year 9 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 9 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 9 Fleet3A Fleet 3 Advanced 8 $19,968.00 $0.00 $19,968.00 Total $19,968.00 $0.00 $19,968.00 Oct 2031 Invoice Plan Item Description Qty Subtotal Tax Total Year 10 11641 CRADLEPOINT, NETCLOUD, RENEWAL, ANNUAL 8 $0.00 $0.00 $0.00 Year 10 80462 FLEET 3 ADVANCED BUNDLE WITH TAP TRUE UP 8 $0.00 $0.00 $0.00 Year 10 Fleet3A Fleet 3 Advanced 8 $19,967.99 $0.00 $19,967.99 Total $19,967.99 $0.00 $19,967.99 Page 50 of 153 Page 6 Q-430890-44897.783DT Contract No. 23300001 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Sourcewell Contract #010720-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement dated September 22, 2022 with contract number 23300001 shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and subject to Axon’s Master Services and Purchasing Agreement executed between the City of College Station and Axon Enterprise, Inc. dated September 22, 2022, with contract number 23300001 as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 51 of 153 Page 7 Q-430890-44897.783DT Contract No. 23300001 Axon. THE CITY OF COLLEGE STATION By: Date: By: City Manager Date: City Attorney Date: Assistant City Manager/CFO Date: Page 52 of 153 8Q-430890-44897.783DT Contract No. 23300001 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Axon's Master Services and Purchasing Agreement dated September 22, 2022 with contract number 2330001 shall govern this SOW. Introduction This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and the City of College Station through its Police Department the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer) Purpose and Intent AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW. This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW. Acceptance Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW. Force Majeure Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence. Schedule Change Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work. Page 53 of 153 9Q-430890-44897.783DT Contract No. 23300001 Axon Fleet Deliverables Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only. Security Clearance and Access Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements. Training AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON. Local Computer AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables. Network AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables. Cradlepoint Router When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work. Page 54 of 153 10Q-430890-44897.783DT Contract No. 23300001 Evidence.com AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW. Wireless Upload System If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale. VEHICLE INSTALLATION Preparedness On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence. Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW. Existing Mobile Video Camera System Removal On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY. Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space. Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer. In-Car Hardware/Software Delivery and Installation On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process. Page 55 of 153 11Q-430890-44897.783DT Contract No. 23300001 If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties. Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation. Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type. Agreed placement will be documented by the AXON Installer. AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. Page 56 of 153 January 26, 2023 Item No. 7.6. Brazos County Municipal Utility District No. 1 Bond Resolution Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding adoption of a resolution consenting to the issuance of bonds by the Brazos County Municipal Utility District No. 1 in an amount not to exceed $4,005,000 for water improvements. Relationship to Strategic Goals: Sustainable City of College Station Core Services and Infrastructure Recommendation(s): City staff recommends adoption of the Resolution. Summary: On January 9, 2014, the City Council passed Resolution No. 01-09-14-01 adopting a policy on the creation, operation, and dissolution of Municipal Utility Districts located within the City’s incorporated limits or its extraterritorial jurisdiction. Pursuant to the policy, the City Council consented to the formation of Brazos County Municipal Utility District #1 within the City’s extraterritorial jurisdiction (the “District”) by Resolution No. 03-27-14-01, passed on March 27, 2014. In further compliance with the policy, the City and the District entered into a Utility Agreement Between the City of College Station and Brazos County MUD No. 1 on May 16, 2016 (Contract No. 10300449). Pursuant to the Utility Agreement, the District is authorized to issue, sell, and deliver bonds in compliance with the City’s policy and with the City Council’s approval. On December 13, 2022, the Board of Directors for the District approved a cost summary for the issuance of Bonds for $4,005,000 in water utility bonds within the District and authorized moving forward with the sale of the Bonds subject to the City’s approval of the bond sale. In order for the bond issuance to proceed, the District’s draft resolution authorizing the issuance of the Bonds must be approved by the City Council to the extent that such resolution is in compliance with the City’s policy. Budget & Financial Summary: There is no financial impact to the City by approving this resolution. Attachments: 1. Brazos County MUD #1 Bond Resolution 1-26-23 Page 57 of 153 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, CONSENTING TO THE SALE AND ISSUANCE OF UNLIMITED TAX UTILITY BONDS, SERIES 2023, FOR THE BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 IN AN AMOUNT NOT TO EXCEED $4,005,000.00 WHEREAS, On January 9, 2014, the City Council of the City of College Station, Texas, passed Resolution No. 01-09-14-01 adopting a city policy setting out the creation, operation, and dissolution of municipal utility districts located within the City’s incorporated limits or its extraterritorial jurisdiction (the Policy); and WHEREAS, on March 27, 2014, the City Council of the City of College Station, Texas, consented to the creation of Brazos County Municipal Utility District No. 1 (the District) by Resolution No. 03-27-14-01; and WHEREAS, on May 16, 2016, the City Council of the City of College Station, Texas, approved a Utility Agreement Between the City of College Station and the Brazos County MUD No. 1 (Contract No. 10300449) and a subsequent amendment on December 2, 2016; and WHEREAS, the Utility Agreement authorizes the District to issue, sell, and deliver bonds from time to time, as deemed necessary and appropriate by the Board of Directors of the District, for the purposes, in such form and manner and as permitted or provided by federal law, the general laws of the State of Texas and the City’s Consent Resolution; and WHEREAS, the Utility Agreement further requires that the authorizing resolution of the Board of Directors must be approved by the City Council to the extent such resolution is in compliance with the City’s Policy; and WHEREAS, after reviewing the preliminary official statement and other supporting documents furnished by the District, the City has determined that the issuance of Unlimited Tax Utility Bonds, Series 2023, in an amount not to exceed $4,005,000.00 is in accordance with the Utility Agreement, adopted resolutions, and all other agreements between the City and the District; now, therefore, Page 58 of 153 Resolution No. Page 2 of 33 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in this Resolution are declared true and correct. PART 2:That the City Council hereby consents to the sale and issuance of Unlimited Tax Utility Bonds, Series 2023, in an amount not to exceed $4,005,000.00 as authorized by the District’s Board of Directors by resolution in substantially the form as attached herein in Exhibit A. PART 3:That this Resolution shall take effect immediately from and after its passage. ADOPTED this 26th day of January, 2023. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 59 of 153 Resolution No. Page 3 of 33 EXHIBIT A Page 60 of 153 Resolution No. Page 4 of 33 RESOLUTION AUTHORIZING THE ISSUANCE OF $4,005,000 BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX BONDS, SERIES 2023 THE STATE OF TEXAS § § COUNTY OF BRAZOS § WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the District on November 5, 2019; and WHEREAS, the Board of Directors of the District hereby determines that bonds in the amount of $4,005,000 should be issued, as a portion and the second installment of the $235,600,000 bonds voted at such election, leaving the remaining $230,005,000 of such bonds, and any other bonds as may hereinafter be authorized by the District voters, to be issued at a later date; Now, Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 THAT: 1. Definitions. Throughout this resolution the following terms and expressions as used herein shall have the meanings set forth below: “Accounting Principles” means the accounting principles described in the notes to the Audit as such principles may be changed from time to time to comply with State laws or regulations. “Act” means Chapters 49 and 54, Texas Water Code. “Audit” means the audited financial statements of the District prepared by an independent auditor in accordance with the rules of the Texas Commission on Environmental Quality in effect at such time. “Blanket Issuer Letter of Representations” means the Blanket Issuer Letter of Representations between the District, the Registrar and DTC. “Board” means the Board of Directors of the District. “Bond” or “Bonds” means one or more bonds of the issue of Brazos County Municipal Utility District No. 1 Unlimited Tax Bonds, Series 2023, authorized in this Resolution, unless the context clearly indicates otherwise. Page 61 of 153 Resolution No. Page 5 of 33 “Business Day” means any day which is not a Saturday, Sunday, or a day on which the Registrar is authorized by law or executive order to remain closed. “Capital Projects Fund” means the fund referred to in this Resolution. “Closing Date” means March 9, 2023. “Code” means the Internal Revenue Code of 1986, as amended. “Debt Service Fund” means the debt service fund confirmed in this Resolution. “District” means Brazos County Municipal Utility District No. 1. “DTC” means The Depository Trust Company of New York, New York, or any successor securities depository. “DTC Participant” means brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. “EMMA” means the Electronic Municipal Market Access System established by the MSRB. “Financial Obligation” shall have the meaning of such word as used under the Rule. “Initial Bond” means the Initial Bond authorized by Section 4 of this Resolution. “Initial Purchaser” means the initial purchaser of the Bonds identified in Section 23 of this Resolution. “Interest Payment Date,” when used in connection with any Bond, means September 1, 2023, and each March 1 and September 1 thereafter until maturity or prior redemption of such Bond. “Material” shall have the meaning of such word as used under federal securities laws. “MSRB” means the Municipal Securities Rulemaking Board. “Obligated Person” shall have the meaning of such word as used under the Rule. Page 62 of 153 Resolution No. Page 6 of 33 “Paying Agent” means the Registrar. “Record Date” means, for any Interest Payment Date, the fifteenth calendar day of the month next preceding each Interest Payment Date. “Register” means the books of registration kept by the Registrar, in which are maintained the names and addresses of, and the principal amounts of the Bonds registered to, each Registered Owner. “Registered Owner” means any person who shall be the registered owner of any outstanding Bond. “Registrar” means The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, and its successors in that capacity. “Resolution” as used herein and in the Bonds means this Resolution authorizing the Bonds. “Rule” means SEC Rule 15c2-12, as amended from time to time. “SEC” means the United States Securities and Exchange Commission. 2. Authorization. The Bonds shall be issued in fully registered form, without coupons, in the total aggregate amount of FOUR MILLION FIVE THOUSAND DOLLARS ($4,005,000) for the purposes of purchasing, constructing, acquiring, owning, maintaining, operating, repairing, improving, extending, or paying for, inside and outside the district’s boundaries, any and all district works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, and drainage and storm sewer system, including, but not limited to, all costs associated with flood plain and wetlands regulation (including mitigation) and endangered species and stormwater permits (including mitigation) and all additions to such systems and all works, improvements, facilities, plants, equipment, appliances, interests in property, and contract rights necessary or convenient therefor and administrative facilities needed in connection therewith, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Section 59 of Article XVI, Constitution of Texas, and the Act. 3. Designation, Date, and Interest Payment Dates. The Bonds shall be designated as the “BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX BONDS, SERIES 2023,” and shall be dated March 1, 2023. The Bonds shall bear interest at the rates set forth below from the later of the date of delivery, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360-day year of twelve 30-day months, interest payable on Page 63 of 153 Resolution No. Page 7 of 33 September 1, 2023, and semiannually thereafter on each March 1 and September 1 until maturity or prior redemption. 4. Initial Bond; Interest Rates; Maturities; Principal Amounts and Denominations. The Bonds shall be issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Resolution. The Bonds shall mature on September 1 in each of the years and in the amounts set out in such schedule. The Initial Bond shall be numbered IB-1 and all other Bonds shall be numbered in sequence beginning with R-1. Bonds delivered in transfer of or in exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. Principal Amount Year Interest Rate $ 75,000 2024 % 75,000 2025 80,000 2026 85,000 2027 90,000 2028 95,000 2029 100,000 2030 105,000 2031 110,000 2032 115,000 2033 120,000 2034 125,000 2035 130,000 2036 140,000 2037 145,000 2038 150,000 2039 160,000 2040 165,000 2041 175,000 2042 185,000 2043 195,000 2044 205,000 2045 215,000 2046 225,000 2047 235,000 2048 245,000 2049 260,000 2050 Page 64 of 153 Resolution No. Page 8 of 33 5. Optional and Mandatory Redemption. Portions of the Bonds are subject to optional redemption on the dates and at the redemption prices set forth in the form of the Bonds in this Resolution. In addition, portions of the Bonds are subject to mandatory redemption on the dates and at the redemption prices set forth in the form of the Bonds in this Resolution. Principal amounts may be redeemed only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for redemption, the Registrar shall treat each Bond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond by $5,000. The Registrar shall select the particular Bonds to be redeemed within any given maturity by lot or other random selection method. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with this Resolution, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Registrar at least 30 days prior to the date fixed for redemption by sending written notice by first class mail to the Registered Owner of each Bond to be redeemed in whole or in part at the address shown on the Register. Such notices shall state the redemption date, the redemption price, the place at which Bonds are to be surrendered for payment and, if less than all Bonds outstanding within any one maturity are to be redeemed, the numbers of the Bonds or portions thereof to be redeemed. Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Registered Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption. When Bonds have been called for redemption in whole or in part and due provision has been made to redeem same as herein provided, the Bonds or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of receiving payment solely from the funds so provided for redemption, and the rights of the Registered Owners to collect interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. 6. Execution of Bonds; Seal. The Bonds shall be signed by the President or Vice President of the Board and countersigned by the Secretary or Assistant Secretary of the Board, by their manual, lithographed, or facsimile signatures, and the official seal of the District shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually Page 65 of 153 Resolution No. Page 9 of 33 and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the District had been manually impressed upon each of the Bonds. If any officer of the District whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. On the Closing Date, the Initial Bond, being a single bond representing the entire principal amount of the Bonds, (the “Initial Bond”), payable in stated installments to the Initial Purchaser or is designee, executed by manual or facsimile signature of the President or Vice President and Secretary or Assistant Secretary of the Board, approved by the Attorney General, and registered and manually signed by the Comptroller of Public Accounts, shall be delivered to the Initial Purchaser or its designee. Upon payment for the Initial Bond, the Registrar shall cancel the Initial Bond and deliver Bonds to DTC in accordance with Section 13. 7. Approval by Attorney General; Registration by Comptroller. The Bonds to be initially issued shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration certificate of the Comptroller of Public Accounts substantially in the form provided in this Resolution shall be attached or affixed to the Bonds to be initially issued. 8. Authentication. Except for the Initial Bond, which need not be authenticated by the Registrar, in the event the Book-Entry-Only system is discontinued, only such Bonds which bear thereon a certificate of authentication, substantially in the form provided in this Resolution, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Resolution or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bonds so authenticated were delivered by the Registrar hereunder. 9. Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent for the Bonds. The principal of and interest on the Bonds are payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America. Principal is payable upon presentation and surrender of the Bonds as they respectively become due and payable, whether at maturity or by prior redemption, at the principal payment office of the Registrar in Dallas, Texas. Interest is payable by check or draft dated as of the Interest Payment Date, mailed by the Registrar on each Interest Payment Date to the Registered Owner of record as of the Record Date, first class, postage prepaid, to the address of such Registered Owner as shown in the Page 66 of 153 Resolution No. Page 10 of 33 Register, or by such other customary banking arrangements as may be agreed upon by the Registrar and the Registered Owner, at the risk and expense of the Registered Owner. Any accrued interest payable at maturity on a Bond shall be paid upon presentation and surrender of such Bond at the operations office of the Registrar. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day with the same force and effect as if made on the date such payment was originally due. 10. Successor Registrars. The District covenants that at all times while any Bonds are outstanding it will provide a national or state banking institution, which shall be organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise trust powers, and which shall be subject to supervision or examination by federal or state authority, to act as Registrar for the Bonds. The District reserves the right to change the Registrar for the Bonds on not less than 30 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or Interest Payment Date on the Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar shall notify each Registered Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 11. Special Record Date. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for 30 days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the District. Such Special Record Date shall be 15 days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five days prior to the Special Record Date, to each affected Registered Owner of record as of the close of business on the day prior to the mailing of such notice. 12. Ownership; Unclaimed Principal and Interest. The District, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute Registered Owner of such Bond for the purpose of making and receiving payment of principal or interest on such Bond, and for all other purposes, whether or not such Bond is overdue, and neither the District nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Registered Owner of any Bond in accordance with this Section shall be valid and effectual Page 67 of 153 Resolution No. Page 11 of 33 and shall discharge the liability of the District and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the Registered Owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. 13. Book-Entry-Only System. (a) The Initial Bond shall be registered in the name of Cede & Co. Except as provided in this Section 13 hereof, all other Bonds shall be registered in the name of Cede & Co., as nominee of DTC. (b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the District and the Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such DTC Participant holds an interest in the Bonds, except as provided in this Resolution. Without limiting the immediately preceding sentence, the District and the Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Registered Owner, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Registered Owner, as shown on the Register, of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Resolution to the contrary, the District and the Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Register as the absolute owner of such Bond for the purpose of payment of principal of and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfer with respect to such Bond, and for all other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the resolution of the respective Registered Owners, as shown in the Register as provided in this Resolution, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the District’s obligations with respect to payments of principal, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the Register, shall receive a Bond certificate evidencing the obligation of the District to make payments of amounts due pursuant to this Resolution. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions of this Resolution with respect to interest checks being mailed to the Registered Owner of record as of the Record Date, the phrase “Cede & Co.” in this Resolution shall refer to such new nominee of DTC. Page 68 of 153 Resolution No. Page 12 of 33 (c) The execution and delivery of the Blanket Issuer Letter of Representations is hereby approved with such changes as may be approved by the President or Vice President of the Board, and the President or Vice President of the Board is hereby authorized and directed to execute such Blanket Issuer Letter of Representations. 14. Successor Securities Depository; Transfer Outside Book-Entry-Only System. In the event that the District in its sole discretion, determines that the beneficial owners of the Bonds be able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the District shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as identified by DTC, of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts, as identified by DTC. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Registered Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Resolution. 15. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Blanket Issuer Letter of Representations. 16. Registration, Transfer, and Exchange. This section is subject to the provisions of Section 13, entitled “Book-Entry-Only System.” So long as any Bonds remain outstanding, the Registrar shall keep the Register at its principal payment office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Resolution. Each Bond shall be transferable only upon the presentation and surrender thereof at the operations office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the Registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond in proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three Business Days after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and Page 69 of 153 Resolution No. Page 13 of 33 aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the principal payment office of the Registrar for a Bond or Bonds of like maturity and interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section. Each Bond delivered in accordance with this Section shall be entitled to the benefits and security of this Resolution to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The District or the Registrar may require the Registered Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the District. 17. Mutilated, Lost, or Stolen Bonds. Subject to the provisions of Section 13, entitled “Book-Entry-Only System,” upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate, and principal amount, bearing a number not contemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken, the District, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The District or the Registrar may require the Registered Owner of a mutilated Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. The District or the Registrar may require the Registered Owner of a lost, apparently destroyed or wrongfully taken Bond, before any replacement Bond is issued, to: (1) furnish to the District and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (2) furnish such security or indemnity as may be required by the Registrar and the District to hold them harmless; Page 70 of 153 Resolution No. Page 14 of 33 (3) pay all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) meet any other reasonable requirements of the District and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the District and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the District or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the District in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section shall be entitled to the benefits and security of this Resolution to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. 18. Cancellation of Bonds. Subject to the provisions in Section 13, entitled “Book-Entry-Only System,” all Bonds paid in accordance with this Resolution, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be canceled and destroyed upon the making of proper records regarding such payment. Upon request, the Registrar shall furnish the District with appropriate certificates of destruction of such Bonds. 19. Forms. The form of the Bonds, including the form of the Registrar’s Authentication Certificate, the form of Assignment, and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas, which shall be attached or affixed to the Bonds initially issued, shall be, respectively, substantially as follows, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Resolution, including any legend regarding bond insurance if such insurance is obtained by the purchaser: Page 71 of 153 Resolution No. Page 15 of 33 a. Form of Bond UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZOS REGISTERED REGISTERED NUMBER R-__ $__________ BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX BOND SERIES 2023 INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP NO.: March 1, 2023 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (the “District”) promises to pay to the Registered Owner identified above, or registered assigns, on the maturity date specified above, upon presentation and surrender of this Bond at the principal payment office of the registrar (the “Registrar”), initially, The Bank of New York Mellon Trust Company, N.A., in Dallas, Texas, the principal amount identified above, and to pay interest thereon at the rate shown above, calculated on the basis of a 360-day year of twelve 30-day months, from the later of the delivery date, or the most recent interest payment date to which interest has been paid or duly provided for. Principal of and interest on this Bond are payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of debts due the United States of America. Interest on this Bond is payable by check or draft on each September 1 and March 1 until the earlier of maturity or prior redemption, beginning on September 1, 2023, mailed to the Registered Owner as shown on the books of registration kept by the Registrar as of the fifteenth day of the month next preceding each interest payment date (the “Record Date”), or by such other customary banking arrangements as may be agreed upon by the Registrar and the Registered Owner, at the risk and expense of the Registered Owner. The Bond is dated as of the Issue Date. Page 72 of 153 Resolution No. Page 16 of 33 THIS BOND is one of a duly authorized issue of Bonds, aggregating $4,005,000 (the “Bonds”), issued for the purposes of purchasing, constructing, acquiring, owning, maintaining, operating, repairing, improving, extending, or paying for, inside and outside the district’s boundaries, any and all district works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, and drainage and storm sewer system, including, but not limited to, all costs associated with flood plain and wetlands regulation (including mitigation) and endangered species and stormwater permits (including mitigation) and all additions to such systems and all works, improvements, facilities, plants, equipment, appliances, interests in property, and contract rights necessary or convenient therefor and administrative facilities needed in connection therewith, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Chapters 49 and 54 of the Texas Water Code, and by authority of an election held for and within the District on November 5, 2019, and pursuant to a resolution adopted by the Board of Directors on February 8, 2023 (the “Resolution”). THIS BOND, and the other Bonds of the series of which it is a part, are payable from the proceeds of an annual ad valorem tax levied without legal limitation as to rate or amount upon all taxable property within the District. Reference is hereby made to the Resolution for a complete description of the terms, covenants and provisions pursuant to which this Bond and said series of Bonds are secured and made payable; the respective rights thereunder of the Registered Owners of the Bonds, the District and the Registrar; and the terms upon which the Bonds are, and are to be, registered and delivered. THE DISTRICT RESERVES THE RIGHT, at its option, to redeem the Bonds maturing on or after September 1, 2029, prior to their scheduled maturities, in whole or in part, in integral multiples of $5,000, on September 1, 2028, or any date thereafter at par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. In selecting portions of Bonds for redemption, the Registrar shall treat each Bond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond by $5,000. The Registrar shall select the particular Bonds to be redeemed within any given maturity by lot or other random selection method. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with the provisions of the Resolution, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. Reference is made to the Resolution for complete details concerning the manner of redeeming the Bonds. IN ADDITION TO BEING SUBJECT TO OPTIONAL REDEMPTION, THE BONDS ISSUED AS TERM BONDS maturing on September 1, in each of the years ______, _______, and ______ (collectively, the "Term Bonds") are subject to mandatory Page 73 of 153 Resolution No. Page 17 of 33 redemption prior to maturity in the following amounts (subject to reduction as hereinafter provided), on the following dates ("Mandatory Redemption Dates"), at a price equal to the principal amount redeemed plus accrued interest to each Mandatory Redemption Date, subject to the conditions set forth below: TERM BOND 20 Mandatory Redemption Principal Amount September 1, 20 $ September 1, 20 (maturity) $ TERM BOND 20 Mandatory Redemption Principal Amount September 1, 20 $ September 1, 20 $ September 1, 20 (maturity) $ TERM BOND 20 Mandatory Redemption Principal Amount September 1, 20 $ September 1, 20 $ September 1, 20 $ September 1, 20 (maturity) $ ON OR BEFORE 30 days prior to each Mandatory Redemption Date set forth above, the Registrar shall (i) determine the principal amount of such Term Bond that must be mandatorily redeemed on such Mandatory Redemption Date, after taking into account deliveries for cancellation and optional redemptions as more fully provided for below, (ii) select, by lot or other customary random method, the Term Bond or portions of the Term Bond of such maturity to be mandatorily redeemed on such Mandatory Redemption Date, and (iii) give notice of such redemption as provided in the Bond Resolution. The principal amount of any Term Bond to be mandatorily redeemed on such Mandatory Redemption Date shall be reduced by the principal amount of such Term Bond which, by the 45th day prior to such Mandatory Redemption Date, either has been purchased in the open market and delivered or tendered for cancellation by or on behalf of the District to the Registrar or optionally redeemed and which, in either case, has not previously been made the basis for a reduction under this sentence. NOTICE OF ANY REDEMPTION shall be given at least 30 days prior to the date fixed for redemption by first class mail, addressed to the Registered Owner of each Bond to be redeemed in whole or in part at the address shown on the books of registration kept Page 74 of 153 Resolution No. Page 18 of 33 by the Registrar. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the operations office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the Registered Owner or his authorized representative, subject to the terms and conditions of the Resolution. THIS BOND IS EXCHANGEABLE at the operations office of the Registrar for bonds in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Resolution. NEITHER THE DISTRICT nor the Registrar shall be required to transfer or exchange any Bond during the period beginning on a Record Date and ending on the next succeeding interest payment date or to transfer or exchange any Bond called for redemption during the 30-day period prior to the date fixed for redemption of such Bond. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Resolution unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Resolution. THE DISTRICT has covenanted in the Resolution that it will at all times provide a legally qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed first class, postage prepaid, to each Registered Owner. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; and that annual ad valorem taxes, without legal limit as to rate or amount, sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the District and have been pledged irrevocably for such payment. Page 75 of 153 Resolution No. Page 19 of 33 IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the President or Vice President of the Board of Directors and countersigned with the manual or facsimile signature of the Secretary or Assistant Secretary of the Board of Directors, and the official seal of the District has been duly impressed, or placed in facsimile, on this Bond. BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 (SEAL) President, Board of Directors Secretary, Board of Directors b. Form of Registration Certificate of Comptroller of Public Accounts COMPTROLLER’S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this . Comptroller of Public Accounts of the State of Texas (SEAL) Page 76 of 153 Resolution No. Page 20 of 33 c. Form of Registrar’s Authentication Certificate AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been delivered pursuant to the Resolution described in the text of this Bond, in exchange for or in replacement of a bond, bonds or a portion of a bond or bonds of a series which was originally approved by the Attorney General of Texas and registered by the Comptroller of Public Accounts of the State of Texas. The Bank of New York Mellon Trust Company, N.A. By: Authorized Signature Date of Authentication: d. Form of Assignment ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: Registered Owner Page 77 of 153 Resolution No. Page 21 of 33 NOTICE: Signature(s) must be NOTICE: The signature above must guaranteed by an institution which is correspond to the name of the Registered a participant in the Securities Transfer Owner as shown on the face of this Bond Agent Medallion Program (“STAMP”) in every particular, without any or similar program. alteration, enlargement or change whatsoever. e. The Initial Bond shall be in the form set forth in paragraphs a, b, and d of this Section, except for the following alternations: i. immediately under the name of the Bond, the headings “INTEREST RATE” and “MATURITY DATE” shall both be completed with the words “As Shown Below” and the word “CUSIP No.” deleted; ii. in the first paragraph of the Bond, the words “on the maturity date specified above,” “the principal amount identified above,” and “at the rate shown above” shall be deleted and the following shall be inserted at the end of the first sentence “ . . ., with such principal to be paid in installments on September 1 in each of the years and in the principal amounts identified in the following schedule and with such installments bearing interest at the per annum rates set forth in the following schedule:” [Information to be inserted from schedule in Section 4] iii. the Initial Bond shall be numbered IB-1. 20. Legal Opinion; CUSIP; Bond Insurance. The approving opinion of Allen Boone Humphries Robinson LLP, Houston, Texas, and CUSIP numbers may be printed on the Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Bonds. If bond insurance is obtained by the purchaser, the Bonds may bear an appropriate legend as provided by the insurer. 21. Debt Service Fund; Tax Levy. The Debt Service Fund is hereby confirmed and the proceeds from all taxes levied, assessed and collected for and on account of the Bonds authorized by this Resolution shall be deposited, as collected, in such Fund. While the Bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually assessed and collected in due time, form and manner, and at the same time as other District taxes are assessed, levied and collected, in each year, beginning in the current year, a continuing direct annual ad valorem tax, without legal limit as to rate, upon all taxable property in the District, sufficient to pay the interest on the Bonds as the same becomes due and full allowance being made for funds available and allocated from other sources to pay debt service, delinquencies, costs of collection, and Paying Agent/Registrar fees, and said taxes are Page 78 of 153 Resolution No. Page 22 of 33 hereby irrevocably pledged to the payment of the interest on and principal of the Bonds and to no other purpose. There is hereby appropriated from the proceeds of sale of the Bonds twelve (12) months’ interest on the Bonds, which amount shall be deposited into the Debt Service Fund and used to pay interest on the Bonds, and such amount shall be used for no other purpose. 22. Further Proceedings. After the Bonds to be initially issued have been executed, it shall be the duty of the President or Vice President and Secretary or Assistant Secretary of the Board and other appropriate officials and agents of the District to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General of Texas, for examination and approval. After the Bonds to be initially issued have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Bonds to be initially issued, the Comptroller of Public Accounts (or the Comptroller’s bond clerk or an assistant bond clerk lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller’s Registration Certificate prescribed herein and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. 23. Sale; Proceeds. The sale and delivery of the Bonds to ______________________ (herein referred to as the "Initial Purchaser") at a price of $_______________, plus accrued interest thereon to date of delivery, is hereby authorized, approved, ratified and confirmed, subject to the approving opinion as to the legality of the Bonds of the Attorney General of Texas, and of Allen Boone Humphries Robinson LLP, Houston, Texas, bond counsel. It is hereby found and declared that the Initial Purchaser's bid produced the lowest net effective interest rate for the Bonds after advertisement and public sale, and that the net effective interest rate resulting from such bid is ___________%, which rate is less than the maximum rate permitted by law and is determined to be in the District’s best interest, per Section 1201.022(a)(3)(B) of the Government Code. Capitalized and accrued interest on the Bonds shall be deposited into the Debt Service Fund upon receipt. The remaining proceeds of sale of the Bonds shall be deposited into the Capital Projects Fund and shall be used for the purposes set forth in this Resolution and to pay costs of issuance. After the entire system described in this Resolution is constructed, any remainder shall be transferred to the Debt Service Fund, in accordance with the applicable laws and regulations, in effect at such time. 24. Investments. Moneys deposited into the Debt Service or Capital Projects Funds and any other fund or funds that the District may lawfully create may be invested or reinvested in authorized investments. All investments and any profits realized from or interest accruing on such investments shall belong to the fund from which the moneys Page 79 of 153 Resolution No. Page 23 of 33 for such investments were taken; provided, however, that in the discretion of the Board of Directors the profits realized from and interest accruing on investments made from any fund may be transferred to the Debt Service Fund. 25. Defeasance and Refunding. The District reserves the right to defease or refund the Bonds in any manner provided by law. 26. Remedies in Event of Default. In addition to all of the rights and remedies provided by laws of the State of Texas, the District further covenants and agrees that in the event of default in payment of principal or interest on any of the Bonds when due, or, in the event it fails to make the payments required to be made into the Debt Service Fund or any other fund or defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Resolution, the Registered Owners shall be entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the District and the officials thereof to observe and perform the covenants, obligations or conditions prescribed in this Resolution. Any delay or omission to exercise any right or power occurring upon any default shall not impair any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. 27. Federal Income Tax Exclusion. (a) General. The District intends that the interest on the Bonds shall be excludable from gross income for federal income tax purposes pursuant to sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable Income Tax Regulations (the “Regulations”). The District covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Bonds to be includable in gross income, as defined in section 61 of the Code, for federal income tax purposes. In particular, the District covenants and agrees to comply with each requirement of this Section 27; provided, however, that the District shall not be required to comply with any particular requirement of this Section 27 if the District has received an opinion of nationally recognized bond counsel (“Counsel’s Opinion”) that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or if the District has received a Counsel’s Opinion to the effect that compliance with some other requirement set forth in this Section 27 will satisfy the applicable requirements of the Code and the Regulations, in which case compliance with such other requirement specified in such Counsel’s Opinion shall constitute compliance with the corresponding requirement specified in this Section 27. (b) No Private Use or Payment and No Private Loan Financing. The District covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate the use of Page 80 of 153 Resolution No. Page 24 of 33 property financed, directly or indirectly, with such proceeds, and take such other and further action as may be required so that the Bonds will not be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. Moreover, the District shall certify, through an authorized officer, employee or agent that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. (c) No Federal Guarantee. The District covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code and the applicable Regulations thereunder, except as permitted by section 149(b)(3) of the Code and such Regulations. (d) No Hedge Bonds. The District covenants and agrees that it has not and will not take any action, and has not knowingly omitted and will not knowingly omit to take any action, within its control, that, if taken or omitted, respectively, would cause the Bonds to be “hedge bonds” within the meaning of section 149(g) of the Code and the applicable Regulations thereunder. (e) No Arbitrage. The District covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be “arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. Moreover, the District shall certify, through an authorized officer, employee or agent that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the District will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. (f) Arbitrage Rebate. If the District does not qualify for an exception to the requirements of Section 148(f) of the Code relating to the required rebate to the United States, the District will take all necessary steps to comply with the requirement that certain amounts earned by the District on the investment of the “gross proceeds” of the Bonds (within the meaning of section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the District will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the District allocable to other bond issue of the District or moneys which do not represent gross proceeds of any bonds of the District, Page 81 of 153 Resolution No. Page 25 of 33 (ii) calculate at such times as are required by applicable Regulations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds or on such other dates as may be permitted under applicable Regulations, all amounts required to be rebated to the federal government. Further, the District will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or a larger loss than would have resulted if the arrangement had been at arm’s length and had the yield on the issue not been relevant to either party. (g) Information Reporting. The District covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in accordance with section 149(e) of the Code and the applicable Regulations promulgated thereunder. (h) Continuing Obligation. Notwithstanding any other provision of this Resolution, the District’s obligations under the covenants and provisions of this Section shall survive the defeasance and discharge of the Bonds. 28. Qualified Tax-Exempt Obligations. The District hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of section 265(b) of the Code. In connection therewith, the District represents (a) that the aggregate amount of tax- exempt obligations issued by the District during calendar year 2023, including the Bonds, which have been designated as “qualified tax-exempt obligations” under section 265(b)(3) of the Code does not exceed $10,000,000, and (b) that the reasonably anticipated amount of tax-exempt obligations which will be issued by the District during calendar year 2023, including the Bonds, will not exceed $10,000,000. For purposes of this Section, the term “tax-exempt obligation” does not include “private activity bonds” within the meaning of section 141 of the Code, other than “qualified 501(c)(3) bonds” within the meaning of section 145 of the Code. In addition, for purposes of this Section the District includes all governmental units which are aggregated with the District under section 265(b) of the Code. 29. Official Statement. The District ratifies and confirms its prior approval of the form and content of the Preliminary Official Statement prepared in the initial offering of the Bonds and hereby authorizes and approves the amendment of the Preliminary Official Statement to add the terms of the Initial Purchaser’s bid and to make any other changes necessary to comply with the provisions of this Resolution and existing law. The use of such final Official Statement in the reoffering of the Bonds by the Initial Purchaser Page 82 of 153 Resolution No. Page 26 of 33 is hereby approved and authorized. The proper officials of the District are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. 30. Continuing Disclosure Undertaking. (a) Annual Reports. The District shall provide annually to EMMA, within six months after the end of each fiscal year of the District ending in or after 2023, Annual Financial Information and Operating Data with respect to the District. Any financial statements so provided shall be (1) prepared in accordance with the Accounting Principles described in this Resolution and (2) audited, if the District commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the District shall provide unaudited financial statements for the applicable fiscal year to EMMA within such six month period, and audited financial statements, when the audit report on such statements becomes available. If the District changes its fiscal year, the District will notify EMMA of the change (and of the date of the new fiscal year end) prior to the next date by which the District otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public on the MSRB’s internet website or filed with the SEC. All documents provided to EMMA by the District pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB. The District shall notify EMMA, in a timely manner, of any failure by the District to provide financial information or operating data in accordance with this subsection (a) by the time required by this subsection (a). (b) Event Notices. The District shall notify EMMA, in a timely manner, not in excess of ten business days after the occurrence of the event, of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if Material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; Page 83 of 153 Resolution No. Page 27 of 33 (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other Material notices or determinations with respect to the tax status of the Bonds, or other Material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if Material; (8) Bond calls, if Material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if Material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership or similar event of the District or other Obligated Person; (13) Consummation of a merger, consolidation, or acquisition involving the District or other Obligated Person or the sale of all or substantially all of the assets of the District or other Obligated Person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if Material; (14) Appointment of a successor or additional trustee or the change of name of a trustee, if Material; (15) Incurrence of a Financial Obligation of the District or other Obligated Person, if Material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the District or other Obligated Person, any of which affect Beneficial Owners of the Bonds, if Material; and (16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the District or other Obligated Person, any of which reflect financial difficulties. (c) Limitations, Disclaimers, and Amendments. The District shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the District remains an Obligated Person with respect to the Bonds, except that the District in any event will give the notice required by subsection (b) of this Section of any Bond calls and defeasance that cause the District to be no longer such an Obligated Person. Page 84 of 153 Resolution No. Page 28 of 33 The provisions of this Section are for the sole benefit of the Registered Owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The District undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the District’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The District does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE DISTRICT BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE DISTRICT, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the District in observing or performing its obligations under this Section shall constitute a breach of or default under this Resolution for purposes of any other provision of this Resolution. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the District under federal and state securities laws. The provisions of this Section may be amended by the District from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the District but only if the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the original primary offering of the Bonds in compliance with the Rule, taking into account any amendments and interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and either the Registered Owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Resolution that authorizes such an amendment) of the outstanding Bonds consent to such amendment or a Person that is unaffiliated with the District (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Registered Owners and beneficial owners of the Bonds. If the District so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative Page 85 of 153 Resolution No. Page 29 of 33 form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. The District may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but in either case only if and to the extent that its right to do so would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. 31. Related Matters. To satisfy in a timely manner all of the District’s obligations under this Resolution, the President or Vice President and Secretary or Assistant Secretary of the Board of Directors of the District and all other appropriate officers and agents of the District are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms and purposes of this Resolution. 32. Registrar. The form of agreement setting forth the duties of the Registrar is hereby approved, and the appropriate officials of the District are hereby authorized to execute such agreement for and on behalf of the District. 33. No Personal Liability. No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon, or on this Resolution, against any official or employee of the District or any person executing any Bonds. 34. District’s Successors and Assigns. Whenever in this Resolution the District is named and referred to it shall be deemed to include its successors and assigns, and all covenants and agreements in this Resolution by or on behalf of the District, except as otherwise provided herein, shall bind and inure to the benefit of its successors and assigns whether or not so expressed. 35. Benefits of Resolution Provisions. Nothing in this Resolution or in the Bonds, expressed or implied, shall give or be construed to give any person, firm or corporation, other than the District, the Registrar and the Registered Owners, any legal or equitable right or claim under or in respect of this Resolution, or under any covenant, condition or provision herein contained, all the covenants, conditions and provisions contained in this Resolution or in the Bonds being for the sole benefit of the District, the Registrar and the Registered Owners. 36. Severability Clause. If any word, phrase, clause, sentence, paragraph, section or other part of this Resolution, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this Resolution to any other persons or circumstances shall not be affected thereby. Page 86 of 153 Resolution No. Page 30 of 33 37. Open Meeting. It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, and Section 49.063, Texas Water Code. EXECUTION PAGE FOLLOWS Page 87 of 153 Resolution No. Page 31 of 33 PASSED AND APPROVED on this 8th day of February, 2023. President, Board of Directors ATTEST: Secretary, Board of Directors (SEAL) Page 88 of 153 Resolution No. Page 32 of 33 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § § COUNTY OF BRAZOS § I, the undersigned officer of the Board of Directors of Brazos County Municipal Utility District No. 1, hereby certify as follows: 1. The Board of Directors of Brazos County Municipal Utility District No. 1 convened in regular session on February 8, 2023, and the roll was called of the members of the Board: Robert “Hunter” Goodwin President Charles Moreau Vice President Lawrence B. Hodges, Jr. Secretary Kyle Davis Assistant Secretary Brian G. Fisher Assistant Vice President and all of said persons were present except Director(s) _____________________________, thus constituting a quorum. Whereupon, among other business, the following was transacted at the meeting: a written RESOLUTION AUTHORIZING THE ISSUANCE OF $4,005,000 BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX BONDS, SERIES 2023 was introduced for the consideration of the Board. It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, the motion, carrying with it the adoption of the Resolution, prevailed and carried unanimously. 2. That a true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the Resolution has been duly recorded in the Board’s minutes of the meeting; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Board as indicated therein; that each of the officers and members of the Board was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and that the Resolution would be introduced and considered for adoption at the meeting, and each of the officers and members consented, in advance, to the holding of the meeting for such purpose; that the meeting was open to the public as required by law; and that public notice of the time, place and subject of the meeting was given as required by Chapter 551, Texas Government Code, and Section 49.063, Texas Water Code, and Section 49.063, Texas Water Code, as suspended by the Governor of the State of Texas. SIGNED AND SEALED on this 8th day of February, 2023. Page 89 of 153 Resolution No. Page 33 of 33 Secretary, Board of Directors (SEAL) Page 90 of 153 January 26, 2023 Item No. 7.7. AMI Meters Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the purchase of Advanced Metering Infrastructure (AMI) electric meters for Electric warehouse inventory stock from Landis+Gyr Technology, Inc. for an amount not to exceed $216,023.96. Relationship to Strategic Goals: Core Services and Infrastructure Financially Sustainable City Recommendation(s): Staff recommends approval of purchasing AMI electric meters for inventory stock for new installations and repairs to existing meters. Summary: On February 10, 2020, City Council approved Contract No. 20300313 with Landis+Gyr Technology, Inc. (Landis+Gyr) to support the Electric Department’s Automated Metering Infrastructure (AMI) and Meter & Operational Data Management (MODM) System Implementation project. Landis+Gyr is the manufacturer of the AMI electric meters supplied for the project and is honoring the contract’s unit pricing for the purchase of additional meters for Electric warehouse inventory. This inventory purchase will support new services for developments and replacement meters for projects anticipated through FY24 in order to mitigate the extended lead times resulting from supply chain issues. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects will be expensed as supplies are issued from inventory. Attachments: 1. CC Req23102412 010323 Page 91 of 153 Vendor: Landis+Gyr (#5062) Contract: 20300313 Project Mgr: Tom Jordan Ship to: CSU 1601 Graham Retainage: None Project #: EL30000129-EDM-CONSTRUCT Qty Line Item Description Unit Price Cover Adder Unit Price Extended Price 400 2s - HGA10YA1-0DM5-700U 103.15$ 3.00$ $106.15 $42,460.00 180 2SE - HGA70YA1-0DM5-700U 191.00$ 3.00$ $194.00 $34,920.00 600 12s - HGBH0YA0-0DM5-700U 160.00$ 3.00$ $163.00 $97,800.00 40 4s - XC3Q0HEM0100-0DM5U 236.00$ $236.00 $9,440.00 40 16s - XC0K0HEM0100-0DM5U 236.00$ $236.00 $9,440.00 12 16SE - XC0M0HEM0100-0DM5 257.00$ $257.00 $3,084.00 80 9s - XC000HEM0100-0DM5U 236.00$ $236.00 $18,880.00 Total Purchase $216,024.00 Landis Gyr FY 23-24 Purchase 01/23 Page 92 of 153 January 26, 2023 Item No. 7.8. NAPA Auto Parts Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on approving annual purchases of auto parts, shop equipment and services from NAPA Auto Parts through Purchasing Solutions Alliance purchasing cooperative not-to-exceed amount of $180,000. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends approval to purchase various auto parts, shop equipment and related services from NAPA Auto Parts through the Purchasing Solutions Alliance (PSA) contract. The estimated annual expenditure of $180,000.00 is based on the average amount spent on automotive and truck parts since January 2022 and the anticipated needs for existing vehicles and new vehicles being added to inventory this fiscal year. Summary: NAPA Auto Parts is the local (College Station, TX) PSA contract dealer for auto parts, shop equipment and services. PSA is a purchasing cooperative for public agencies. All products and services available for purchase through PSA contracts have been competitively bid and awarded and satisfy any State law requirements relating to competitive bids or proposals. Contingent upon Council approval, a blanket contract will be issued for the term of January 28, 2023 through January 27, 2024. Budget & Financial Summary: Purchases of auto parts are made through an inventory account as budgeted and available in the Fleet Maintenance Funds. Charges are made to the various departments for vehicle maintenance based on the average annual cost for each piece of equipment. Attachments: 1. 20-201 1st Amendment and Extension 2. NAPA Award Letter Page 93 of 153 PSA Contract No.20-201 First Amendment 1 of 2 FIRST AMENDMENT TO PSA CONTRACT NO. 20-201 THIS FIRST AMENDMENT (this “Amendment”) TO CONTRACT NO. 20-201 (“Agreement”), dated as of March 4, 2022, is made by and between Purchasing Solutions Alliance, a purchasing cooperative for public agencies (“PSA”) and a program of Brazos Valley Council of Governments, having its principal place of business at 3991 East 29th Street, Bryan, Texas 77802 and Genuine Parts Company dba NAPA (the “Contractor”), having its principal place of business at 2999 Wildwood Parkway, Atlanta, Georgia 30339. WHEREAS, PSA and Contractor entered into that certain Contract No. 20-201, dated as of March 17, 2020; and, WHEREAS, PSA and Contractor desire to extend the Agreement for one year; and, WHEREAS, PSA and Contractor desire to revise the Cost Proposal; and, WHEREAS, PSA and Contractor desire to add contract clauses required by the 87th Texas Legislature. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Agreement is hereby extended through March 16, 2023. This is the first of two optional one-year extensions of the Agreement. 2. The Cost Proposal in Contractor’s original Response to RFP 20-201 as finally negotiated shall be deleted in its entirety and replaced with Exhibit A attached hereto. 3. The following clauses are hereby added to the Agreement: ARTICLE 26: CONTRACTING INFORMATION RESPONSIBILITIES In accordance with Section 552.372 of the Texas Government Code, Contractor agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the PSA for the duration of the contract, (2) promptly provide to the PSA any contracting information related to the contract that is in the custody or possession of the Contractor on request of the PSA, and (3) on termination or expiration of the contract, either provide at no cost to the PSA all contracting information related to the contract that is in the custody or possession of the Contractor or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the PSA. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. ARTICLE 27: COVID-19 VACCINE PASSPORT PROHIBITION Contractor certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor’s business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. DocuSign Envelope ID: 76FF95D4-299F-4909-89FB-CE616C30C39F Page 94 of 153 PSA Contract No.20-201 First Amendment 2 of 2 ARTICLE 28: DEALINGS WITH PUBLIC SERVANTS AFFIRMATION Pursuant to Section 2155.003 of the Texas Government Code, Contractor represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the contract. ARTICLE 29: ENERGY COMPANY BOYCOTTS Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Contractor shall promptly notify PSA. ARTICLE 30: EXCLUDED PARTIES Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control. ARTICLE 31: FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Contractor shall promptly notify PSA. ARTICLE 32: FOREIGN TERRORIST ORGANIZATIONS Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. IN WITNESS WHEREOF, the undersigned have executed this Fist Amendment to Contract No. 20-201 as of the date first written above. CONTRACTOR: PSA: GENUINE PARTS COMPANY DBA NAPA PURCHASING SOLUTIONS ALLIANCE BRAZOS VALLEY COUNCIL OF GOVERNMENTS By: By: Name: Name: Title: Title: Date: Date: DocuSign Envelope ID: 76FF95D4-299F-4909-89FB-CE616C30C39F Vice President - NAPA Fleet/IBS 3/4/2022 Jett Kuntz Executive Director Michael Parks 3/4/2022 Page 95 of 153 Exhibit A Cost Proposal DocuSign Envelope ID: 76FF95D4-299F-4909-89FB-CE616C30C39F Page 96 of 153 Purchasing Solutions Alliance COST PROPOSAL Solicitation # : 20-201 “Automotive Parts, Related Products, Services and Solutions” Company’s Name: Genuine Parts Co. dba NAPA CATEGOR Y DESCRIPTION PERCEN T D ISC OUNT 1 AIR COND ITIONING 52% 2 ALTERNATORS AND STA RTERS 53% 3 BATTERIES 46% 4 BEARING, BALL AND ROLLER 57% 5 BELTS AND HOSES 48% 6 BRAKES 56% 7 ELECTRIC AL A ND IGNITION 50% 8 EMISSIONS, SENSORS A ND EXHAUST 54% 9 ENGINE AND D RIVE TRA IN 52% 10 FILTERS, OIL, GAS, A IR AND TRANSMISSION 72% 11 GASKETS AND SEALS 50% 12 HEATING AND COOLING (ENGINE) 53% 13 LA MPS, LIGHTING A ND MIRRORS 56% 14 OILS , C HEMIC A LS, FLUID S AND LUBRIC ANTS 52% 15 PUMPS, FUE L AND WATER 54% 16 SUSPENSION, SHOCKS, STRUTS, AND STEERING 52% 17 WIPERS/WASHERS 59% 18 WINTER ACCESSORIE S 60% 19 GENERAL AUTOMOTIVE PARTS (Aftermarket Automotive Parts not included in C ategories 1-18.) 49% 20 AUTOMOTIV E REPAIR SHOP SUPPLIES, EQUIPMENT AND TOOLS (e.g. cleaning supplies, wrenches, etc.) 46% DocuSign Envelope ID: 76FF95D4-299F-4909-89FB-CE616C30C39F Page 97 of 153 3991 East 29th St. Bryan, Texas 77802 Phone: 979.595.2801, Ext. 2035 www.psabuy.org March 24, 2020 Don Lachance Genuine Parts Company dba NAPA 2999 Wildwood Pkwy Atlanta, GA 30339 Dear Mr. Lachance, Purchasing Solutions Alliance (PSA), a cooperative purchasing program of the Brazos Valley Council of Governments (BVCOG) is pleased to announce that Genuine Parts Company dba NAPA has been awarded the contract for the following products and services, based on your proposal submitted to PSA in response to Request for Proposals (RFP) No. 20-201. ¾Products and Services Description: Automotive Parts and Services Notice is hereby given that Genuine Parts Company dba NAPA may commence with the publicity and marketing of the contract and sales of products and services effective March 24, 2020 under terms of our contract. It is with great pleasure that we continue to build our relationship with you as a supplier to PSA/BVCOG and member agencies of PSA. If you have any questions or concerns, please feel free to contact me at (979) 595-2801 ext. 2035, or by email susan.lightfoot@bvcog.org. Sincerely, Purchasing Solutions Alliance: Brazos Valley Council of Governments: a program of the Brazos Valley Council of Governments Susan Lightfoot, Program Manager Michael Parks, AICP, Deputy Executive Director Enclosures cc: Tom Wilkinson, Jr., Executive Director Procurement File Page 98 of 153 January 26, 2023 Item No. 7.9. Fire Apparatus Parts & Service Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on approving an annual blanket purchase order for parts and repair labor for fire trucks from Siddons-Martin Emergency Group through the BuyBoard Purchasing Cooperative not to exceed $250,000. Relationship to Strategic Goals: Finacially Sustainable City Recommendation(s): Staff recommends approval of an annual blanket purchase order to purchase various repair parts and services from Siddons-Martin Emergency Group through the BuyBoard Purchasing Cooperative. The estimated annual expenditure of $250,000.00 is based on the average amount spent on repair parts and services since January 2022 and the anticipated needs for existing vehicles and new vehicles being added to inventory this fiscal year. Summary: BuyBoard is a purchasing cooperative for public agencies. All products and services available for purchase through BuyBoard contracts have been competitively bid and awarded and satisfy any State law requirements relating to competitive bids or proposals. Contingent upon Council approval, a blanket purchase order will be issued for the term of January 28, 2023 through January 27, 2024. Budget & Financial Summary: Purchases of fire apparatus parts are made through an inventory account as budgeted and available in the Fleet Maintenance Funds. Charges are made to the Fire Department for fire apparatus vehicle maintenance and repairs based on the average annual cost for each piece of equipment. Attachments: 1. BuyBoard 651-21 Siddons Martin Emergency Group Page 99 of 153 Vendor Contract Information Summary Siddons-Martin Emergency Group, LLCVendor Name Jeffrey A. DoranContact 800-784-6806Phone Number jdoran@siddons-martin.comEmail www.siddons-martin.comWebsite 27-433590Federal ID YesAccepts RFQs 1362 East RicheyAddress Line 1 Houston Vendor City 77073Vendor Zip TXVendor State USAVendor Country 10Delivery Days FOB DestinationFreight Terms Net 30 daysPayment Terms Pre-paid and added to invoiceShipping Terms DrivenShip Via NoIs Designated Dealer YesEDGAR Forms Received NoService-Disabled Veteran Owned NoMinority Owned NoWomen Owned YesIs National YesNo Excluded Foreign Terrorist Orgs YesNo Israel Boycott Certificate NoIs MWBE All Texas RegionsRegions Served All StatesStates Served Fire Service Apparatus VehiclesContract Name 651-21Contract # 10/01/2021Effective Date 09/30/2024Expiration Date Vehicle purchase orders are subject to a $1500 service feeService Fee Note 651-21Quote Reference Number See Additional Dealers/Distributors for dealer listAdditional Dealers 12/31/2021 2:26 PM Page 100 of 153 Vendor Contract Information Summary 12/31/2021 2:26 PM Page 101 of 153 January 26, 2023 Item No. 7.10. Tires Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on approving annual tire purchases and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative (Contract 636-21) in the annual not-to-exceed amount of $310,000. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends approval to purchase new tires and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative contract. The estimated annual expenditure of $310,000.00 is based on the average amount spent on new tires and retread services since January 2022 and the anticipated needs for existing vehicles and new vehicles being added to inventory this fiscal year. Summary: Southern Tire Mart, LLC is BuyBoard’s contractor for the sale of new tires and retread services. BuyBoard is a purchasing cooperative for public agencies. All products and services available for purchase through BuyBoard contracts have been competitively bid and awarded. Purchasing products and services via BuyBoard contracts satisfies any requirement of State law relating to competitive bids or proposals. Contingent upon Council approval a blanket contract will be issued to Southern Tire Mart, LLC for the term of January 28, 2023 through January 27, 2024. Budget & Financial Summary: Funds are available and budgeted in the Fleet Maintenance fund which is funded by all other departments. Attachments: 1. BuyBoard 636-21 Southern Tire Mart Page 102 of 153 Vendor Contract Information Summary Southern Tire Mart, LLCVendor Name Richard ConwillContact 8777864681Phone Number gov-sales@stmtires.comEmail www.stmtires.comWebsite 06-1689011Federal ID YesAccepts RFQs 800 Highway 98Address Line 1 ColumbiaVendor City 39429Vendor Zip MSVendor State USAVendor Country 14Delivery Days FOB DestinationFreight Terms Net 30 daysPayment Terms Pre-paid and added to invoiceShipping Terms Comnpany TruckShip Via NoIs Designated Dealer YesEDGAR Forms Received NoService-Disabled Veteran Owned NoMinority Owned NoWomen Owned NCertificate Number NCertifying Agency YesIs National YesNo Excluded Foreign Terrorist Orgs YesNo Israel Boycott Certificate NoIs MWBE All Texas RegionsRegions Served Alabama, Arizona, Arkansas, Florida, Georgia, Louisiana, Mississippi, Nebraska, New Mexico, Oklahoma, Tennessee, Texas, Utah, Virginia States Served Tires, Tubes, Supplies and EquipmentContract Name 636-21Contract # 03/01/2021Effective Date 02/29/2024Expiration Date 12/31/2021 2:10 PM Page 103 of 153 Vendor Contract Information Summary Vehicle purchase orders are subject to a $100 service feeService Fee Note 636-21Quote Reference Number See attached.Return Policy See Additional Dealers/Distributors for dealer listAdditional Dealers 12/31/2021 2:10 PM Page 104 of 153 January 26, 2023 Item No. 7.11. Sunset Joint Relief Funding Review Committee Sponsor: David Brower Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the repeal of Resolution No. 2-23-2006-10.13 that will sunset the Joint Relief Funding Review Committee. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends that City Council repeal the Resolution forming the Joint Relief Funding Review Committee to allow for the sunset of the committee. Summary: Since 1985, the Cities of College Station and Bryan have partnered to jointly award Community Development Block Grant (CDBG) funds to nonprofit health and human service programs that primarily benefit low to moderate income residents. The Joint Relief Funding Review Committee (JRFRC) was formed to allow each City Council to appoint three volunteers from their jurisdiction to evaluate proposals submitted from non-profit agencies and to recommend funding as part of each City’s Council approved Annual Action Plan and Community Development Budget. Since 1985, the JRFRC has recommended over 9.8 million dollars in funding (5.2 million from College Station and 4.6 million from Bryan) to 50 different agencies. As per federal guidelines, no more than 15% of a city’s annual CDBG allocation may be used for this purpose. The City of Bryan notified City of College Station staff in September 2022 of their intent to sunset the JRFRC. At the November 17, 2022 meeting, the City of Bryan Council voted to repeal the resolution creating the JRFRC while adopting a new, internal allocation method. The City of Bryan staff cited decreased allocation and staffing levels and increases in proposal evaluation timelines in the JRFRC process as reasons for their decision. At the City Council meeting on January 12, 2023, Council provided staff with direction regarding the process for future allocation of CDBG Public Service funding. Budget & Financial Summary: N/A Attachments: 1. Resolution Page 105 of 153 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, REPEALING RESOLUTION NO. 2-23-2006-10.13 ADOPTED ON FEBRUARY 23rd, 2006. WHEREAS, the City Council of the City of College Station, Texas, established the Bryan/College Station Joint Relief Funding Review Committee on May 26th, 1988, to review requests for municipal funding by resolution of the City Council; and, WHEREAS, on February 23rd, 2006, the City Council of the City of College Station, Texas adopted Resolution No. 2-23-2006-10.13 revising and restating the Bryan/College Station Joint Relief Funding Review Committee; and WHEREAS, the City Council of the City of Bryan, Texas discontinued the City of Bryan’s participation in the Joint Relief Funding Review Committee on November 17th, 2022; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Resolution No. 2-23-2006-10.13 adopted on February 23rd, 2006, is hereby repealed. ADOPTED this _____________ day of _____________, A.D. 20___. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 106 of 153 January 26, 2023 Item No. 7.12. Bullet Resistant Shield Resolution Sponsor: Rodney Sigler Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution accepting a $170,920.84 grant from the Office of the Governor for purchasing bullet resistant shields for the police department. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends council approve this item to receive the grant Summary: Following the school shooting in Uvalde, the Office of the Governor allotted funds that police departments could apply for to respond to such incidents. The bullet resistant shields allow officers to more safely enter active-shooter environments with some degree of protection. The College Station Police Department applied for the grant and were awarded $170,920.84 for the purchase of bullet resistant shields. Budget & Financial Summary: A budget amendment for the purchase of $170,920.84 worth of bullet resistant shields will be needed. Attachments: 1. Grant Resolution Page 107 of 153 RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION AUTHORIZING THE CHIEF OF POLICE OR DESIGNEE TO EXECUTE APPLICATION NECESSARY DOCUMENTS TO SUBMIT THE OFFICE OF THE GOVERNOR FOR GRANT FUNDS FOR THE PURCHASE OF BULLET RESISTANT SHIELDS ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO GRANT ADMINISTRATION. WHEREAS, the City of College Station Police Department agrees to provide applicable matching funds for the Bullet Resistant Shields as required by the Office of the Governor grant application; and WHEREAS, the City of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, the City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of College Station designates the Chief of Police as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City of College Station. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of College Station hereby approves the submission of the Bullet Resistant Shields grant application to the Office of the Governor, Grants Division. PART 1:That the City Council hereby authorizes the Chief of Police as the authorized official to execute documents necessary for the submission of the Bullet Resistant Shields grant application, with Application Number 4659501, for Public Safety Office. Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2:That the Chief of Police as the authorized official is given the power to apply for, accept, reject, alter or terminate the Bullet Resistant Shields grant application on behalf of the City of College Station. PART 3:That the City of College Station agrees in the event of loss or misuse of the funds, the City of College Station assures the funds will be returned in full. PART 4:That this resolution shall take effect immediately from and after its passage. Page 108 of 153 Resolution No:2 ADOPTED this _____day of_______________________, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 109 of 153 January 26, 2023 Item No. 7.13. Texas Enterprise Zone Nomination Resolution Sponsor: Brian Piscacek, Economic Development Manager Reviewed By CBC: Economic Development Committee Agenda Caption:Presentation, discussion, and possible action on a revised resolution nominating FUJIFILM Diosynth Biotechnologies, LLC for designation by the Governor's Office of Economic Development and Tourism as a Texas Enterprise Project and repealing resolution number 10-13-22- 8.11. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): Staff recommend Council repeal the nomination resolution dated October 13, 2022, and approve the revised nomination resolution. Summary: On October 13, 2022, City Council approved a resolution nominating FUJIFILM Diosynth Biotechnologies Texas, LLC for an enterprise zone designation which allowed the company to apply for the Texas Enterprise Zone incentive program via the Office of the Texas Governor during the December 1, 2022, application round. During the review process of the company’s application, the Office of the Governor noted additional language required to be included in the nominating resolution. Since this nomination is for a “Double Jumbo” designation, the State requires the following clarifying language in the resolution to indicate that the nomination will use two of the City’s allowed designations per biennium: “and that the designation will count as two of six allowed designations”. This language was added in the fourth WHEREAS and in PART 3 of the resolution. No other revisions were made to the resolution. To support the continued expansion of FDBT’s campus in College Station and to address the requirements received from the Office of the Governor, the company respectfully requests approval of the revised Texas Enterprise Project nomination from the City of College Station. Texas Enterprise Zone Program Overview If the enterprise project designation is provided by the State, the company would be eligible to receive state sales & use tax rebates based on capital investment and job creation at the qualified business site. While the rebates are only on the state portion of the sales tax (no local financial impact), the application process requires a nomination from the City. The City is granted six Texas Enterprise Zone nominations per biennium. Due to the scope of FUJIFILM Diosynth Biotechnologies Texas’s expansion (over $150 million), this project is considered a “Double Jumbo” and would utilize two of these nomination slots, leaving four for additional nominations for the City to utilize through the end of the biennium (8/31/2023). FUJIFILM Diosynth Biotechnologies FUJIFILM Diosynth Biotechnologies is a world leading cGMP Contract Development and Manufacturing organization (CDMO) with experience in the development and manufacture of recombinant biopharmaceuticals and gene therapies. The company has global Centers of Excellence in the US and UK including a College Station, TX facility - FUJIFILM Diosynth Biotechnologies Texas Page 110 of 153 (FDBT). Currently at the College Station location, the company employs approximately 800 full-time staff and operates a CDMO offering development and manufacturing services to the biopharmaceutical industry in the areas of monoclonal antibodies, recombinant vaccines and gene therapy. FUJIFILM Diosynth Biotechnologies Texas (FDBT) plans to expand its footprint and capabilities in College Station including the construction of an additional cGMP commercial manufacturing facility (Project Flagship) consisting of over $300 million in new capital investment and the creation of over 150 new jobs. This facility will increase the FDB’s biomanufacturing capabilities for vaccines and gene therapies. Budget & Financial Summary: N/A Attachments: 1. Revised Nomination Resolution Page 111 of 153 RESOLUTION NO. 1-26-23-7.14 NOMINATING FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC FOR TEXAS ENTERPRISE ZONE PROGRAM STATUS THROUGH THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT BANK; RESOLVING THAT FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC IS A ‘QUALIFIED BUSINESS’ AS DEFINED IN SECTION 2303.402 OF THE ACT AND MEETS THE CRITERIA FOR DESIGNATION AS A DOUBLE JUMBO ENTERPRISE PROJECT, AS SET FORTH IN SECTION 2303, SUBCHAPTER F OF THE ACT; AND FURTHER ESTABLISHING THAT THE ENTERPRISE PROJECT SHALL TAKE EFFECT ON THE DATE OF DESIGNATION OF THE ENTERPRISE PROJECT BY THE OFFICE OF THE GOVERNOR (AGENCY) AND TERMINATE ON THE DATE ESTABLISHED BY THE AGENCY. WHEREAS, the City of College Station has previously passed on February 26, 2009 Ordinance No. 2009-3168 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same now as were stated in Ordinance No. 2009- 3168; and WHEREAS, the Office of the Governor Economic Development and Tourism through the Economic Development Bank will consider FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC as an enterprise project pursuant to a nomination and an application made by the City of College Station; and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City of College Station and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; and WHEREAS, pursuant to Government Code Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, (Act), FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC has applied to the City of College Station for designation as a Double Jumbo enterprise project, requiring two of the City’s six allowed designations; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That City of College Station finds that FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC is a “qualified business”, as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the City of College Station’s jurisdiction located outside of an enterprise zone and at least thirty-five percent (35.0%) of its new employees will be residents of an enterprise zone, economically disadvantaged individuals, or veterans. Page 112 of 153 Resolution No. Fujifilm Diosynth Biotechnologies Page 2 of 2 PART 2:The City of College Station finds that FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC meets the criteria for tax relief and other incentives adopted by the City of College Station and nominates FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC for an enterprise project status on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability. PART 3:The City of College Station finds that it is in the best interest of the City to nominate FUJIFILM DIOSYNTH BIOTECHNOLOGIES TEXAS, LLC as a Double Jumbo enterprise project and that the designation will count as two of the City’s six allowed designations pursuant to the Act. PART 4:The Enterprise Project shall take effect on the date of designation of the enterprise project by the Agency or by December 1, 2022 and terminate on the date established by the Agency or by December 1, 2027. ADOPTED this day of 26th January, 2023 ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 113 of 153 January 26, 2023 Item No. 8.1. ABAN2022-000008 3939 Fujifilm Way; PUE Abandonment Sponsor: Anthony Armstrong Reviewed By CBC: N/A Agenda Caption:Public Hearing, presentation, discussion, and possible action on an ordinance vacating and abandoning a 0.274 acre portion of a variable width Public Utility Easement, said portion lying within Lot 2, Block 1, of the Traditions Subdivision Phase 23 according to the easement recorded in Volume 13417, Page 155, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services & Infrastructure • DIverse & Growing Economy Recommendation(s): Staff recommends approval. Summary: The public utility easement abandonment is being requested by the applicant as a result of a desire to add an additional building that is part of the Fujifilm Campus Master Plan, Building 300. The previously existing water and electrical infrastructure that was existing in the easements have been removed and rerouted making the easement no longer necessary for the City’s use. The 0.274 acre public utility easement is located due east of the current terminus of Fujifilm Way. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Vicinity Map 4. Location Map 5. Application Page 114 of 153 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.274 ACRE PORTION OF THE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING WITHIN LOT 2, BLOCK 1, OF THE TRADTIONS SUBDIVISION PHASE 23, ACCORDING TO THE EASEMENT RECORDED IN VOLUME 13417, PAGE 155 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the variable width Public Utility Easement, said portion lying within lot 2, block 1, of the Traditions Subdivision Phase 23, according to the easement recorded in Volume 13417, Page 155 of the official records of Brazos county, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 115 of 153 ORDINANCE NO. ____________ Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 26th day of January, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 116 of 153 Page 117 of 153 Page 118 of 153 Page 119 of 153 Page 120 of 153 Page 121 of 153 Page 122 of 153 Page 123 of 153 Page 124 of 153 Page 125 of 153 Page 126 of 153 Page 127 of 153 Page 128 of 153 Page 129 of 153 Page 130 of 153 Page 131 of 153 Page 132 of 153 Page 133 of 153 Page 134 of 153 Page 135 of 153 Page 136 of 153 Page 137 of 153 Page 138 of 153 Page 139 of 153 Application for Abandonment of a Public Right-of-Way / Easement Location: 3939 Fujifilm Way EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 140 of 153 Page 141 of 153 Page 142 of 153 Page 143 of 153 Page 144 of 153 Page 145 of 153 Page 146 of 153 January 26, 2023 Item No. 8.2. Base Failure and Pavement Reconstruction Contract Sponsor: Emily Fisher, 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 reconstruction treatments in an amount not to exceed $8,410,000. 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 awarding the contract to Brazos Paving, Inc. in the amount of $8,410,000. Summary: In response to bid #23-017, the city received four competitive sealed bids for base failure repairs and road reconstruction treatments for the City of College Station street maintenance program. The contract is being awarded to the lowest qualified bidder, Brazos Paving, Inc. for an amount not to exceed $8,410,000. This contract term will be for the period beginning January 26, 2023, through January 25, 2024 with the option of two additional one-year renewals. Budget & Financial Summary: Funds are budgeted and available in the Roadway Maintenance Fund. Attachments: 1. 23-017 Base Failure Repairs and Reconstruction Bid Tab Page 147 of 153 City of College Station - Purchasing Division Bid Tabulation for #23-017 "Base Failures Repairs and Reconstruction" Open Date: Tuesday, December 20, 2022 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Section 1 1 50,000.00 Ton Asphalt, Hot Mix, Type D, Installed, 2-3 inches thick (including tack coat) in accordance with Section 32 12 16 of the "Bryan/College Station Unified Design Specifications"$97.60 $4,880,000.00 $129.00 $6,450,000.00 $122.50 $6,125,000.00 $128.25 $6,412,500.00 2 10,000.00 Gallon Emulsion, (MC-30) Installed $4.00 $40,000.00 $4.00 $40,000.00 $10.20 $102,000.00 $5.00 $50,000.00 3 10,000.00 Gallon Emulsion, (Ultra-Tack by Blacklidge or equivalent) Installed $4.00 $40,000.00 $4.00 $40,000.00 $8.00 $80,000.00 $5.80 $58,000.00 4 25,000.00 Sq Yd Base Failure Repairs, performance of 8” full depth base failure repair w/ type B Hotmix prior to road reconstruction as specified. Pricing should include all material and labor costs.$90.50 $2,262,500.00 $175.00 $4,375,000.00 $186.00 $4,650,000.00 $105.00 $2,625,000.00 5 25,000.00 Sq Yd Base Failure Repairs, performance of 8” full depth base failure repair w/ type A or D cement stabilitzed (4%) recycled crushed concrete base. Pricing should include all material and labor costs.$47.50 $1,187,500.00 $149.00 $3,725,000.00 $105.70 $2,642,500.00 $59.00 $1,475,000.00 Section 2 - As Needed 6 1 Sq Yd When Required by City, mill and excavate the depleted asphalt up to 2 inches in depth. Contractor will retain asphalt millings.$2.55 $2.55 $4.00 $4.00 $77.80 $77.80 $2.50 $2.50 7 1 Sq Yd When Required by City, mill and excavate the depleted asphalt up to 2 inches in depth. Contractor will deliver the asphalt millings to the City's stockpile area at 2613 Texas Ave.$3.10 $3.10 $5.00 $5.00 $77.70 $77.70 $3.75 $3.75 8 1 Sq Yd Repair any base failure that occurs before or during paving operation.$65.00 $65.00 $80.00 $80.00 $109.00 $109.00 $150.00 $150.00 9 1 Ton Delivery of HMAC to site for installation by City Crews. Vendor must be able to deliver using tandem axle bob-tail trucks. $89.00 $89.00 $100.00 $100.00 $98.89 $98.89 $100.00 $100.00 ✓ Larry Young Paving, Inc. $10,620,500.00 $250.00 ✓ ✓ Acknowledgement of Addendums ✓✓ ✓ Brazos Paving, Inc Texas Materials dba Gulf Coast Section 1 - TOTAL ✓ Certification of Bid Knife River Corporation South Section 2 - As Needed $14,630,000.00 $13,599,500.00 $154.00 $180.00 $8,410,000.00 $207.89 Bid Bond ✓✓✓ ✓✓ Page 1 of 1 Page 148 of 153 January 26, 2023 Item No. 8.3. CDBG Public Service Agency Funding Review Committee Sponsor: David Brower Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution forming a CDBG Public Service Agency Funding Review Committee. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends approval of the resolutions Summary: Since 1985 the Cities of College Station and Bryan have partnered to jointly award Community Development Block Grant (CDBG) funds to nonprofit health and human service programs that primarily benefit low to moderate income residents. The Joint Relief Funding Review Committee (JRFRC) was formed to allow three (3) Council appointed volunteers from College Station and three from Bryan to evaluate proposals and to recommend funding as part of each City’s Council approved Annual Action Plan and Budget. Since 1985 the JRFRC has recommended over 9.8 million dollars in funding (5.2 million from College Station and 4.6 million from Bryan) to 50 different agencies. No more than 15% of a city’s annual CDBG allocation may be used for this purpose, as per federal guidelines. The City of Bryan notified City of College Station staff this past September of their intent to sunset the JRFRC and the Bryan City Council voted to discontinue the JRFRC process and adopt a new, internal method at their meeting on November 17th, 2022. The City of Bryan cited decreased allocation and staffing levels and increases in proposal evaluation timelines in the JRFRC process as reasons for their decision. At the January 12, 2023 meeting, City Council directed staff to create a citizen volunteer review committee. The proposed resolution creates a committee of no more than (6) members who will serve staggered three (3) year terms. Members will be eligible to serve for two (2) full terms. The committee will work with a staff liaison to review applications eligible for Community Development Block Grant funding and make recommendations to the City Council for approval with the Annual Action Plan and Community Development Budget. Staff will present a brief summary of the application, review, and allocation process the committee will utilize. Budget & Financial Summary: The CDBG Public Service Agency Funding Review Committee will allocate the allowable15% of the annual Community Development Block Grant. Attachments: 1. 1 - Resolution CDBG Public Service Agency FRC Page 149 of 153 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE CDBG PUBLIC SERVICE AGENCY FUNDING REVIEW COMMITTEE. WHEREAS, the City Council of the City of College Station, Texas, desires to support residents through the appropriation of Community Development Block Grant funds to nonprofit social service programs; and WHEREAS, the City Council believes the creation of a CDBG Public Service Agency Funding Review Committee is the best means of receiving funding recommendations; and WHEREAS, the City Council of the City of College Station, Texas, desires to appropriate funding in an orderly and compassionate manner; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby creates the CDBG Public Service Agency Funding Review Committee. PART 2: That the CDBG Public Service Agency Funding Review Committee shall review and consider all funding requests for CDBG Public Service Agency Funding and make appropriate recommendations to the Cit Council for their consideration. PART 3: That the CDBG Public Service Agency Funding Review Committee shall be composed of no more than Six (6) citizens of College Station. PART 4: That Committee Members will serve in Places 1, 2, 3, 4, 5, and 6. Upon initial appointment, places 1 and 2 shall serve an initial one (1) year term, places 3 and 4 shall serve an initial two (2) year term, and places 4 and 5 shall serve an initial three (3) year term. Thereafter, each place shall be appointed to three – year terms. PART 4: That the City Council of the City of College Station shall have the authority to appoint, remove, and fill vacancies for all members of the CDBG Public Service Agency Funding Review Committee. PART 4: That this Resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 20__. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR Page 150 of 153 APPROVED: _______________________________ City Attorney Page 151 of 153 January 26, 2023 Item No. 8.4. Committee Appointments Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions: • Architectural Advisory Committee • Audit Committee • B/CS Library • Bicycle, Pedestrian, and Greenways Advisory Board • Design Review Board • ZBA Relationship to Strategic Goals: • Good Governance Recommendation(s): None Summary: This is the annual appointment to our boards, committees, and commissions. A packet containing applications, appointment charts, and tally sheets will be provided under separate cover. Budget & Financial Summary: None Attachments: None Page 152 of 153 January 26, 2023 Item No. 11.1. Council Reports on Committees, Boards, and Commissions Sponsor: City Council Reviewed By CBC: City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Aggieland Humane Society, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bond Citizens Advisory Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board, Brazos County Health Dept., Brazos Appraisal District, Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, College Station History Sub-Committee, Compensation and Benefits Committee, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Regional Mobility Authority Board, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 153 of 153