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HomeMy WebLinkAbout06/13/2024 - Regular Agenda Packet - City Council College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 223 427 023 174 | Passcode: MvPmTr Phone: 469-480-7460 | Phone Conference: 952 310 468# June 13, 2024 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. Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. 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 the City Attorney regarding any item on the Workshop, Consent or Regular Agendas under Chapter 551, Texas Government Code. 2.1. Consultation with Attorney {Gov’t Code Section 551.071}; 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: a. 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. b. City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas. c. SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services. d. Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. e. CBL & Associates Management, Inc. v. City of College Station, Cause No. 23-003159-CV-85 In The 85th District Court, Brazos County Texas. f. City of College Station v. Clarke and Wyndham, Inc., Real Alchemy, L.P., Real Alchemy 1, L.P., JPJ Investments, a Texas General Partnership, Cause No. 629-CC, in the County Court at Law No. 1 of Brazos County, Texas. g. Legal advice related to an interlocal agreement with the City of Bryan regarding utilities. h. Legal advice related to the sale of land and land dedication by plat and by separate instrument. Page 1 of 154 City Council Page 2 June 13, 2024 i. Legal advice related to protesting the possible issuance of transport and export permits by the Brazos Valley Groundwater Conservation District and an interlocal agreement supporting the same efforts. 2.2. Personnel {Gov’t Code Section 551.074}; 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. City Manager b. Council Self-Evaluation 2.3. Real Estate {Gov't Code Section 551.072}; Possible action. The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Approximately 4,476 SF located at the 1120 block of Midtown Drive in College Station. b. Property generally located in the area of FM 60, Boyett Street, Church Avenue, and College Main Street. 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. Comments should not personally attack other speakers, Council or staff. 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. Presentation - Proclamations, Awards, and Recognitions. 5.1. Presentation to recognize three students from College Station that received a College Station Arts Scholarship. Sponsors: Tanya Smith Attachments: 1. 24 College Station Arts Scholarship Day 2. Certificate of Award - Abraham Guillen 3. Certificate of Award - Kendall McKinney 4. Certificate of Award - Madison Jackson 5.2. Presentation proclaiming June 13, 2024 as International Community Association Managers Day. Sponsors: Tanya Smith Page 2 of 154 City Council Page 3 June 13, 2024 Attachments: 1. 24 International Community Association Managers Day 6. 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. 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. 7.1. Presentation, discussion, and possible action of minutes for: • May 23, 2024 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM052324 DRAFT Minutes 7.2. Presentation, discussion, and possible action regarding a revision to the Community Development Block Grant Minor Home Repair Program guidelines to increase the grant amount available to $20,000. Sponsors: Debbie Eller Attachments: 1. Minor Repair Program Guidelines 6.13.2024 7.3. Presentation, discussion, and possible action for the purchase of electric inventory items with Techline, Inc., for the Rock Prairie Widening Project, not to exceed $240,056.39. Sponsors: Jennifer Cain Attachments: 1. RPE Light Pole Bid Summary 2. RPE Techline, Inc. Bid 7.4. Presentation, discussion, and possible action on a three-year contract with Baylor Scott & White Health for employee health clinic operations and management services, not to exceed $2,174,803.55. Sponsors: Alison Pond Attachments: 1. Contract will be available at City Secretary's Office 7.5. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Organix Recycling, LLC for the collection of recyclables from commercial businesses and multi-family locations. Sponsors: Emily Fisher Attachments: 1. Organix Recycling, LLC Franchise Agreement 7.6. Presentation, discussion, and possible action regarding a Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Sponsors: Carol Cotter Attachments: 1. Impact Fee Semi-Annual Report - 20240606 2. Future Land Use Map (from FNI Report) 3. Service Area Maps -Water, Wastewater and Roadway 4. Status of Impact Fee CIP - Water Wastewater Roadway - March 2024 7.7. Presentation, discussion, and possible action on a resolution delegating and authorizing the Mayor and City Manager to protest and request a contested case hearing regarding the water Page 3 of 154 City Council Page 4 June 13, 2024 transport and export permits that are currently pending at the Brazos Valley Groundwater Conservation District and to negotiate and enter into an interlocal agreement for cost sharing and joint representation with other similarly aligned entities. Sponsors: Stephen Maldonado Attachments: 1. Resolution BVGCD Transport Export Permit Protest 6-13-2024 2. BVGCD Public Permit Hearing Notice For Transport Permits 3. BVGCD Transport Permit Hearing Presentation 7.8. Presentation, possible action, and discussion regarding an Extraterritorial Jurisdiction (ETJ) release petition for approximately 15.78 acres of land generally located at 11630 SH 30. Sponsors: Anthony Armstrong Attachments: 1. ETJ Denial Resolution- Copus 6-13-24 w. Exhibit 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action regarding impact fee waivers. Sponsors: Anthony Armstrong Attachments: None 8.2. Presentation, discussion, and possible action regarding a Capital Projects Update. Sponsors: Jennifer Cain Attachments: None 9. Regular Agenda. 9.1. Public Hearing, presentation, discussion, and possible action regarding an ordinance adopting the standards of care for the City’s Parks and Recreation Department’s elementary age (5-13) Youth Recreational Program in compliance with the exemptions for childcare licensing according to Texas Human Resources Code Section 42.041(b)(14). Sponsors: Kelsey Heiden Attachments: 1. 2024 - Standards Of Care Ordinance 9.2. Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 1,788 square foot portion of a 20-foot-wide public utility easement located over, across and upon Lot 35, Block 4 of the Williams Creek Lake Estates Subdivision Phase 4, College Station, Brazos County, Texas according to the final plat recorded in Volume 17508, Page 181 of the Official Public Records of Brazos County, Texas. Sponsors: Lucas Harper Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Vicinity Map 4. Location map 5. Application 9.3. Presentation, discussion, and possible action on Deductive Change Order No. 10 for a credit in the amount of $802,227 for the Lick Creek WWTP Capacity Expansion construction contract with CSA Construction, Inc. Sponsors: Jennifer Cain Attachments: 1. LCWWTP Change Order 10 Signed 10. Council Calendar - Council May Discuss Upcoming Events. Page 4 of 154 City Council Page 5 June 13, 2024 11.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. 12.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) 13.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. 14.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on June 7, 2024 at 5:00 p.m. Deputy City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Page 5 of 154 City Council Page 6 June 13, 2024 Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 6 of 154 June 13, 2024 Item No. 5.1. College Station Arts Scholarships Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation to recognize three students from College Station that received a College Station Arts Scholarship. Relationship to Strategic Goals: Recommendation(s): N/A Summary: The Arts Council has completed its 2024 Scholarship Program and would like to recognize the (3) three College Station ISD winners through Mayor Nichols reading a proclamation and presenting them with a Certificate of Award at the Council meeting. Budget & Financial Summary: N/A Attachments: 1. 24 College Station Arts Scholarship Day 2. Certificate of Award - Abraham Guillen 3. Certificate of Award - Kendall McKinney 4. Certificate of Award - Madison Jackson Page 7 of 154 Proclamation WHEREAS, The Arts Council of Brazos Valley, through the unwavering support of local donors, honors the talents of young artists pursuing a college degree and career in the arts by awarding scholarships to graduating high school seniors in the Brazos Valley; and WHEREAS, In the present year, The Arts Council of Brazos Valley has granted $16,000 in scholarships to support aspiring young artists pursuing their dreams of making the world a better place through the arts; and WHEREAS, In the present year, three A&M Consolidated High School students displayed exceptional talent and passion for the arts and were selected as 2024 Arts Council scholarship recipients; and WHEREAS, Abraham Guillen has been awarded the James Young Bradfield Fine Arts Scholarship to pursue Music Composition at the Boston Conservatory at Berklee; and WHEREAS, Madison Jackson has been awarded the Netta Jackson Simek Emerging Artist Scholarship to pursue Architecture at Texas A&M University; and WHEREAS, Kendall McKinney has been awarded the College Arts Scholarship to pursue Art History at the University of Texas. NOW, THEREFORE, I, John P. Nichols, Mayor of the City of College Station, Texas, do hereby proclaim and officially recognize June 2024 as College Station Arts Scholarship Day And call upon the people of College Station to applaud their accomplishments and express our support in their future journey. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 13th day of June 2024. ______________________________ John P. Nichols Mayor Attest: _____________________________ Tanya Smith City Secretary Page 8 of 154 Page 9 of 154 Page 10 of 154 Page 11 of 154 June 13, 2024 Item No. 5.2. International Community Association Managers Day Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming June 13, 2024 as International Community Association Managers Day. Relationship to Strategic Goals: Recommendation(s): • Good Governance Summary: Budget & Financial Summary: Attachments: 1. 24 International Community Association Managers Day Page 12 of 154 Proclamation WHEREAS, Community Association Managers serve as the backbone of residential communities, working tirelessly to enhance the quality of life for homeowners and residents through their dedicated management, administrative expertise, and problem-solving abilities; and WHEREAS, these professionals manage a wide range of tasks including financial management, maintenance coordination, enforcement of community rules, and fostering effective communication among residents, thereby ensuring that communities remain vibrant and well- maintained; and WHEREAS, Community Association Managers often go above and beyond their job descriptions to address the diverse needs of residents, from organizing community events to mediating disputes, demonstrating a profound commitment to the well-being and cohesion of the communities they serve; and WHEREAS, recognizing the invaluable contributions of community association managers not only highlights their dedication but also encourages continued excellence and professional development within the field; and WHEREAS, the celebration of International Community Association Managers Day provides an opportunity for homeowners, residents, and colleagues to express their gratitude and appreciation for the hard work and unwavering commitment exhibited by these professionals. NOW, THEREFORE, I, John P. Nichols, Mayor of the City of College Station and on behalf of the City Council, do hereby proclaim June 13, 2024, as: International Community Association Managers Day IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 13th day of June 2024. ______________________________ John P. Nichols Mayor Attest: _____________________________ Tanya Smith City Secretary Proclaimed this 13th Day of June 2024. Page 13 of 154 June 13, 2024 Item No. 7.1. May 23, 2024 Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • May 23, 2024 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM052324 DRAFT Minutes Page 14 of 154 CCM 052324 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MAY 23, 2024 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 Jennifer Prochazka, Assistant City Manager Jeff Kersten, Assistant City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the 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 May 23, 2024, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.074- Personnel, and §551.086-Competitive Matters, and the College Station City Council convened into Executive Session at 4:01 p.m. on May 23, 2024, to continue discussing matters pertaining to: 2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: •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; and •City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and •SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services; and Page 15 of 154 CCM 052324 Minutes Page 2 •Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. •CBL & Associates Management, Inc. v. City of College Station, Cause No. 23-003159-CV- 85 In The 85th District Court, Brazos County Texas. City of College Station v. POM-College Station, LLC and Wells Fargo Bank, National Association, Cause No. 628-CC, in the County Court at Law No. 1 of Brazos County, Texas. •City of College Station v. Clarke and Wyndham, Inc., Real Alchemy, L.P., Real Alchemy 1, L.P., JPJ Investments, a Texas General Partnership, Cause No. 629-CC, in the County Court at Law No. 1 of Brazos County, Texas. 2.2. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: •City Attorney •City Manager •Council Self-Evaluation 2.3. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: •Power Supply 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:23 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation of a proclamation recognizing the George & Barbara Bush Foundation's 41 at 100 Celebration honoring the 100th anniversary of President George H.W. Bush's birth. Mayor Nichols presented a proclamation to Dr. Robert Holtzweiss, Deputy Director for the Bush Library & Museum, recognizing the 100th Anniversary of President George H.W. Bush's birth. 5.2. Presentation proclaiming the week of May 19 - May 25, 2024, as National Public Works Week. Mayor Nichols presented a proclamation to Public Works Department, proclaiming May 19-25, 2024 as National Public Works Week. 5.3. Presentation proclaiming May 2024 as National Tennis Month. Mayor Nichols presented a proclamation to Brandon Carlson, President of the Brazos Tennis Association, recognizing May 2024 as National Tennis Month. 5.4. Presentation of a proclamation celebrating the 50th Anniversary of the Dixie Chicken. Mayor Nichols presented a proclamation to Cortney Phillips and Business Owners recognizing the 50th Anniversary of the Dixie Chicken. Page 16 of 154 CCM 052324 Minutes Page 3 6. Hear Visitors Comments. No one signed up to speak at this time. 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. No items were pulled for discussion. Item 7.4 and was pulled from Consent for clarification. (7.4) Emily Fisher, Public Works Director explained that the cost estimate for a stop sign to be installed is $150. 7.1. Presentation, discussion, and possible action of minutes for: •May 13, 2024 Council Meeting 7.2. Presentation, discussion, and possible action on a contract for electric overhead distribution construction with Echo Powerline, LLC, not-to-exceed $380,177.68. 7.3. Presentation, discussion, and possible action regarding Ordinance No. 2024-4516 amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and Stasney Street. 7.4. Presentation, discussion, and possible action regarding Ordinance No. 2024-4517 amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and First Street. 7.5. Presentation, discussion, and possible action on approving annual polymer purchases from SNF Water Science Polydyne, Inc., not to exceed $288,144. 7.6. Presentation, discussion, and possible action on contracts for the purchase of single phase and three phase transformers for Electric warehouse inventory with: (1) Texas Electric Cooperatives for $243,626.25; (2) KBS Electrical Distributors for $747,262; and (3) Techline, Inc. for $354,923. Total expenditures not-to-exceed $1,345,811.25. 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 Consent agenda. The motion carried unanimously. 8. WORKSHOP ITEMS Page 17 of 154 CCM 052324 Minutes Page 4 8.1. Presentation, discussion, and possible action regarding an update on economic development and tourism strategies, activities, and events. Michael Ostrowski, Chief Development Officer, stated that the leading efforts are to promote a diversified economy generating quality, stable, full-time jobs; bolstering the sales and property tax base; and increasing Hotel Occupancy Tax in College Station. •Execute a comprehensive and proactive economic development program for new primary job growth. •Support retail development and redevelopment opportunities. •Support and stimulate local tourism through sports tournaments, conventions, and event attractions. •Sustain and enhance a high quality of life. Areas of Focus •Building & Strengthening Partnerships •Identification of Target Industry Sectors •Business Retention & Expansion •Entrepreneurship & Innovation •Redevelopment & Fiscal Sustainability •Marketing & Promotion •Quality of Life Initiatives Brian Piscacek, Assistant Director Economic Development, presented an overview of strategic priorities, 2023 highlights, and a look forward regarding new initiatives and planning efforts. He also explained the industry recruitment and engagement, and quality of life initiatives. Strategic Real Estate City-owned properties recently sold: 1. College Station Business Center – Caprock Development (2023) •5-acre office development for $1,450,000 2. College Station Business Center – Hunton (2024) •11.899-acre warehousing/distribution development for $3,369,000 City-owned properties under contract: 3. College Station Business Center – FERA Diagnostics & Biologicals •11.642-acre HQ and manufacturing facility development for $3,300,000 City-owned properties available: 4. Midtown Business Park Subdistrict A 28 acres •Listing contract approved 5/13/24 5. Midtown Business Park Subdistricts B-E Retail Recruitment Strategy consultant The Retail Coach helps with new development and backfill/infill strategies. Target prospects and engagements include retail entertainment, destination/specialty retailer, and restaurants not presently in Brazos county as well as business retention and expansion activities. Jeremiah Cook, Tourism Manager, presented an overview of marketing and promotion of College Station through the integrated Grow, Visit, Compete, and Meet College Station brands. Page 18 of 154 CCM 052324 Minutes Page 5 Tourism Indicators •FY23 – Hotel occupancy increased 2% •FY23 - Hotel Occupancy Tax (HOT) revenue increased 13.7% •2023 - $169.4 million in industry earnings •2023 - $433.1 million in direct travel spend •2nd in Top 10 Growing Summer Destinations – Tripadvisor •1st in statewide percent growth in leisure and hospitality jobs 8.2. Presentation, discussion, and possible action regarding a crosswalk on Midtown Drive near Carroll Fancher Way. Emily Fisher, Public Works Director, gave details about the present situation, a potential crosswalk on Midtown Drive, and the available options near Carroll Fancher Way given the driving sight distance. Challenges •Sight distance •Downhill, lower volume can lead to higher vehicle speeds •Risk with at-grade and mid-block crossings higher than separated crossings Options •Continue utilizing trail underpass. •High visibility pedestrian crossing with median refuge at-grade near the intersection of Midtown Drive and Carroll Fancher Way. ✓Estimated cost $70,000 •High visibility pedestrian crossing at-grade with median refuge and rectangular rapid flashing beacons (RRFB) near the trail access points. ✓Estimated cost $120,000 Option – Crossing at Carroll Fancher •High visibility crossing with median refuge. •Can be built to accommodate RRFBs in the future with higher traffic demand. 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 a standard crosswalk with standard signs located in the most visible area near Carrol Fancher Way. The motion carried unanimously. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2024-4518 for Budget Amendment No. 2 amending Ordinance No. 2023-4457 amending the budget for the 2023-2024 Fiscal Year in the amount of $361,631. Mary Ellen Leonard, Finance Director, stated that the proposed budget amendment is to increase the FY24 budget appropriations by $361,631 because of an increase needed to replace totaled police cars and expend funds related to the police Victim Liaison grant and Fun for All Playground. The city has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The summary has the complete description of the items included on the proposed budget amendment. If approved, the net revised 2023-2024 budget appropriations will be $505,984,947. Page 19 of 154 CCM 052324 Minutes Page 6 •Police Department Victim Liaison Grant (OOG) $37,000 - (General Fund Budget Amendment) •Replace totaled Police Cars- $140,000 (General Fund Budget Amendment) •Fun For All Plaza Design Cost - $75,000 (Fun for All Fund Budget Amendment) •1207 Texas Acoustic Tiles- $109,631 (HOT Fund Budget Amendment) At approximately 8:31 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:31 p.m. 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 adopt Ordinance No. 2024-4518, amending Ordinance No. 2023-4457 amending the budget for the 2023-2024 Fiscal Year in the amount of $361,631. The motion carried unanimously. 9.2. Presentation, discussion, and possible action on Resolution No. 05-23-24-9.2 directing publication of notice of intention to issue Certificates of Obligation, Series 2024; and providing an effective date. Michael DeHaven, Assistant Finance Director, stated that in November 2022, the citizens of College Station approved 3 of the 5 bond authorization propositions totaling $56,000,000. Citizen authorization is used for the issuance of general obligation bonds or GO debt. In connection with the issuance of the FY24, general bond obligation, the City of College Station typically issues Certificates of Obligation (CO) debt to fund various capital projects identified and approved as a part of the annual budget. The utility systems will cover their associated portion of debt service for capital utility projects through utility revenues. In addition to the GO Obligations, Certificates of Obligation are used to fund street, parks, and technology projects as well as to pay debt issuance costs. This notice resolution provides that the maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold is $43,300,000, with $16,500,000 related to utility projects and $26,800,000 related to general government projects. 2022 General Government Obligations to be issued in addition to the COs total $13,200,000. At the July 25th meeting, the City Council will consider the approval of sale parameters ordinance for the Certificates of Obligation Bonds, and the General Obligation Bonds depending upon market conditions. A sale parameters ordinance appoints a Paying Agent/Registrar, appoints Underwriters, adopts Bond Ordinances, and authorizes the preparation of the Official Statements for the Certificates of Obligations and General Obligation Bonds. If the City is not prepared to issue the Certificates of Obligation and General Obligation Bonds at the July 25th meeting, the City Council may postpone adoption of the ordinance for up to ninety days from July 25th. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 05-23-24-9.2, directing publication of notice of intention to issue Certificates of Obligation, Series 2024; and providing an effective date. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4519 amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from M-1 Light Industrial to SC Suburban Page 20 of 154 CCM 052324 Minutes Page 7 Commercial for approximately 2.017 acres, being Lot 11R of the Century Hill Development generally located at 3109 Corsair Dr. Gabriel Schrum, Planning and Development, stated that this request is to rezone approximately 2.017 acres of land from M-1 Light Industrial to SC Suburban Commercial. The subject lot is currently undeveloped/vacant, and it is the applicant’s intent to develop a medical clinic. Nearby properties include undeveloped and developed light industrial lots, an assisted living facility, a pool supply store, and a medical clinic. The uses allowed by the proposed zoning district are generally marketable for the area. The applicant has indicated that even though the property is marketable for some industrial uses, the lack of outdoor storage and yard space makes it less desirable. Staff recommends approval of the rezoning request as it is in line with the Comprehensive Plan and is compatible with the surrounding area. At approximately 8:43 p.m., Mayor Nichols opened for the Public Hearing. There being no further comments, the Public Hearing was closed at 8:43 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4519, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from M-1 Light Industrial to SC Suburban Commercial for approximately 2.017 acres, being Lot 11R of the Century Hill Development generally located at 3109 Corsair Dr. The motion carried unanimously. 9.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4520 amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Regular Items 9.4 and 9.5 were presented together. 9.5 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024-4521 amending Appendix A, Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to PDD Planned Development District on approximately 3.25 acres being in the Sterrett D. Smith League, Abstract 210 and a portion of Lot 3, Block 13, Nantucket Phase 2, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Robin Macias, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. This Comprehensive Plan Amendment is in conjunction with a rezoning request of PDD Planned Development District. It is the applicant’s intent to develop the property as office and medical uses. Page 21 of 154 CCM 052324 Minutes Page 8 Mrs. Macias also stated that the request to rezone the subject property from R Rural to PDD Planned Development District with a base zoning of O (Office) and NAP (Natural Areas Protected). The proposed Concept Plan shows the general building and parking layout of the site as well as open space and a walking trail. The proposed concept plan will remove a portion of the buffer at the northwest corner of the lot between the subject property and the adjacent property that is zoned R Rural and remove the requirement for a fence along the buffer, but will remove more intense uses, modify signage requirements and lighting to the standards of the SC Suburban Commercial zoning district, restrict parking lot lighting, increase architectural standards, restrict business hours, and provide for a recreational trail. The Planning and Zoning Commission heard both items at the May 2, 2024 meeting and unanimously recommended approval. Staff recommends approval of the Comprehensive Plan Future Land Use & Character Map amendment and the rezoning and associated Concept Plan as it is in line with the proposed amendment to the Comprehensive Plan, is compatible with the surrounding area, and the community benefits provided will offset the change in use of the property. Modifications 1. Remove the requirement for a fence along the buffer area without double plantings. 2. Remove a 50 ft portion of the buffer area. Community Benefits 1. Remove more intense permitted uses •Educational Facility, indoor instruction, and vocational/trade •Animal care facilities, indoor •Day care, commercial •Personal service shop •Printing/copy shop •Dry cleaners and Laundry •Sexually Oriented Business •Wireless Telecommunication Facilities 2. Follow SC Suburban Commercial standards for NRA and parking lot lighting 3. Hours of operation for businesses will end at 7:00 p.m. and parking lot lighting will be off during the hours of 8:00 p.m. to 6:00 a.m. 4. Construct a recreational trail 5. No freestanding signs permitted 6. No internally illuminated cabinet signage is allowed. Signage may only be externally illuminated. At approximately 8:55 p.m., Mayor Nichols opened for the Public Hearing. There being no further comments, the Public Hearing was closed at 8:55 p.m. (9.4) MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4520, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. The motion carried unanimously. Page 22 of 154 CCM 052324 Minutes Page 9 (9.5) MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4521, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. The motion carried unanimously. 9.6. Presentation, discussion, and possible action on Change Order No. 2 for the Northeast Sewer Trunk Line Ph IV Project design contract with Kimley-Horn and Associates, Inc., not to exceed $1,030,400. Item pulled from the agenda. 10. Council Calendar Council reviewed the calendar. 11. 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 Maloney recognized the Never Forget Garden event at Veterans Park. 12. 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 Yancy reported on the Board of Health. 13. 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. No future items at this time. 14. Adjournment. Page 23 of 154 CCM 052324 Minutes Page 10 There being no further business, Mayor Nichols adjourned the meeting of the City Council at 9:03 p.m. on Thursday, May 23, 2024. ________________________ John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary ________________________ Page 24 of 154 June 13, 2024 Item No. 7.2. Minor Home Repair Guidelines Revision Sponsor: Debbie Eller, Director of Community Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a revision to the Community Development Block Grant Minor Home Repair Program guidelines to increase the grant amount available to $20,000. Relationship to Strategic Goals: Core Services & Infrastructure, Neighborhood Integrity, Diverse & Growing Economy Recommendation(s): Staff recommends approval of the proposed revisions to the Community Development Minor Home Repair Program guidelines. Summary: The current Minor Home Repair Program provides a grant of up to $10,000.00 in Community Development Block Grant funds for repairs to owner-occupied homes. The repairs are emergency and/or necessary to address specific health and safety concerns of homeowners and preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to income-qualified homeowner households. The applicants receiving assistance will also be provided with information on proactively managing the maintenance of their home following repairs. Due to the increase in the cost of construction materials and labor expenses, staff recommends revising the guidelines to increase the amount of the grant to $20,000.00 per house to achieve the objectives of the program. Budget & Financial Summary: Funds available for Minor Home Repair Program grants are available in the Community Development budget. Attachments: 1. Minor Repair Program Guidelines 6.13.2024 Page 25 of 154 Council adopted 6/13//2024 Item No. 7.2 CITY OF COLLEGE STATION MINOR HOME REPAIR PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the requirements contained in 24 CFR Part 570 (Community Development Block Grant Program) and/or 24 CFR Part 92 (Home Investment Partnership Program) will be followed. A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station has established a Minor Home Repair Program (MHRP) funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG). Additionally, the City may utilize other appropriate local, state, or federal resources that may become available. The MHRP is designed to provide the financial assistance necessary to accomplish minor repair of eligible, qualified, owner-occupied dwellings. The City’s Community Development staff will assist homeowners in planning, implementing, and managing the process to repair substandard features of their dwellings. In addition, the City seeks to impede the acceleration of slum and blighting influences through this activity, as well as preserve and enhance neighborhood quality and integrity. Depending upon applicant eligibility and costs of the project, assistance may be available to applicants under the provisions of 24 CFR § 570.202, Eligible Rehabilitation and Preservation Activities. Eligible project activities will comply with program requirements published in the U.S. Code of Federal Regulations (CFR), as it may be modified over time. The basic goals of this program are: •To provide emergency and/or necessary repairs to address specific health and safety concerns of homeowners. •To preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to qualified low-income households. •To provide applicants information on proactively managing the maintenance of their homes following repair. Technical and financial assistance is available to low-income, owner-occupant homeowners requiring minor repair to alleviate health/safety issues or address other necessary repairs as determined by program staff and/or other qualified City staff. This program is available on a city-wide basis and is limited to only those properties located within the municipal boundaries of the city. Properties that lie partially within the city limits may be considered on a case-by-case basis. Page 26 of 154 Council adopted 6/13//2024 Item No. 7.2 The MHRP financial assistance shall be managed as follows: Program staff will assist qualified and approved applicants to make essential repairs to their homes by requiring the applicant to enter into a minor repair assistance agreement with the City. The agreement will allow the use of program funds for the cost of repairs and associated program delivery costs of the project. The agreement must be approved and executed prior to the commencement of any rehabilitation activities. Because this program is designed to address conditions of immediate need, assistance is provided in the form of a grant of up to $20,000.00. At the sole discretion of the Community Services Director, assistance my be allowed to exceed the amount of $20,000.00 in order to achieve the objectives of the program. B. DESIGNATED AUTHORITY Administrative authority for implementation of this program will rest with the City Manager’s Office or its designee. The Community Development office will serve as the designated office for approval of contractual agreements and budget changes as needed to accomplish project completion, in accordance with Council-approved purchasing procedures. The Director of Community Services (Director) will be responsible for authorizing the amount of assistance to be made available to the project, up to $20,000.00 or a greater amount with approval of the Community Services Department Director, in accordance with the implementing procedures. This determination will be based upon the evaluations of the cost to be incurred by providing the housing assistance and upon the demonstrated needs of eligible applicants. The Director will also be responsible for approval of applicant eligibility for this program and final approval of selection of applicants to be assisted. This will be based upon relative need of applicants for the specific housing assistance sought. C. PROGRAM IMPLEMENTATION PROCESS Steps in implementing the program will be as follows: The Community Development office (CD office) will create and maintain applications for all housing assistance programs. All applicants shall submit a completed application to the CD office and await an evaluation of eligibility by the appropriate staff member(s). For this Program, applicants are required to hold majority title interest to an improved property within the corporate limits of College Station, which is their permanent place of residence, prior to submitting an application. Page 27 of 154 Council adopted 6/13//2024 Item No. 7.2 Program staff will evaluate all applications for eligibility and prioritize the processing of applications based upon completeness and accuracy of information/documentation and demonstrated housing need. Program staff will process applications as expeditiously as possible, considering funding limitations and other staff responsibilities as assigned. Applicants will be notified by phone if they are eligible for participation in the program. If the applicants are not eligible, they will be notified in writing with an explanation of why they do not qualify. Non-qualification issues may include (but are not limited to) income, assets, deed restrictions, title concerns, and/or environmental concerns. Program staff will meet with the applicant(s) to explain the basic goals and objectives of the program and further assess the needs of the applicant’s household that will occupy the dwelling once completed. After the household needs are fully assessed, staff will review the project site to determine any additional repair needs of the home to fully realize a decent, safe and sanitary unit. Applicant(s) will be involved in several meetings with program staff to ensure proper steps are followed in the repair process of their homes. Repair work shall be done in accordance with the City’s prepared scope of work and in accordance with City purchasing policies. Program staff will obtain all required close-out documents at project completion. D. APPLICANT ELIGIBILITY CRITERIA Eligible applicants of this Program must meet the following qualifications: 1. Income: An applicant must have a gross income of 80 percent or less than the College Station/Bryan area median income as reported by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Income determinations) and 24 CFR § 5.609 (Annual income). 2. Assets: Applicants will not be eligible for this program if, upon application, they have assets exceeding $40,000 on hand. IRS-recognized savings accounts are excluded. 3. Principal Residence and Homestead: Applicants will be required to certify that they intend to occupy the repaired dwelling as their principal residence upon project completion. 4. Employment History: Applicants must have an employment history in the same job, or in the case of professional, salaried employees (as defined in 29 CFR § 541 meeting Page 28 of 154 Council adopted 6/13//2024 Item No. 7.2 any of the requirements in Subparts B, C, D, E, or F), in the same field of employment, for a minimum of two (2) months. 5. Citizenship: In order to receive program assistance, applicants must be United States Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified alien status will be verified by the Citizenship and Immigration Services division of the U.S. Department of Homeland Security. E. ELIGIBILE PROPERTY CRITERIA Property eligible for Program assistance is subject to the requirements of 24 CFR § 570.202 and as follows: 1. Location: The Program will be implemented on a city-wide basis within the corporate limits of the City of College Station. Properties that lie partially within the corporate limits will be considered on a case-by-case basis. However, program preference will rest with properties wholly in the City. 2. Property Type: Eligible properties must be improved, single-family residential lots, which are: a. The principal residence of the applicant, and b. Needing minor repairs but structurally sound, and c. Have all utility service connections available to the property. 3. Title: The applicant household must hold majority title to the property. An existing mortgage will not prohibit participation in the program. 4. All eligible properties, following rehabilitation, shall not exceed 95% of the maximum amount insurable under Section 203(b) of the National Housing Act (FHA lending limit) for the College Station/Bryan area. 5. Manufactured Housing: Manufactured housing units are not eligible for program assistance unless: a. The property on which the manufactured home sits is owned by the applicant; and b. The property is properly zoned; and c. The applicant has resided in the home and on that site for not less than two years prior to the application date. Page 29 of 154 Council adopted 6/13//2024 Item No. 7.2 6. Property Taxes: all property taxes must be current. With approval from the Community Services Department Director, properties with tax deferral for tax payers 65 years of age or older under the Texas Tax Code, Section 33.06 will be acceptable. F. FEASIBILITY OF MINOR REPAIR Minor home repair projects eligible for this program include: 1. Addressing health/safety issues a. Replacement of an air conditioning/heating systems b. Replacement of a water heater system c. Water/sewer/gas line breaks d. Electrical system failures e. Ordinance Compliance f. Other minor repairs necessary to ensure safe living conditions 2. Exterior home repairs/structural integrity issues a. Minor weatherization b. Roofing repair or replacement c. Minor gutter installation d. Walkway repair or replacement e. Siding or exterior trim repair f. Other minor repairs necessary to ensure exterior home repairs and structural integrity. G. SELECTION OF RECIPIENTS FOR ASSISTANCE 1. Recipients for assistance of this program will be taken from the applications of eligible homeowners residing in structures in need of minor repair determined to be structurally sound by program staff. 2. The number of recipients to receive assistance will be subject to general availability of funds. 3. Community Development staff will evaluate all applications of eligible homeowners whose structures are determined to be feasible to rehabilitate. Based upon this evaluation, a recommendation will be made to the Director as to the order of applicants to be assisted. Generally, those in the most imminent danger to personal health or safety will be extended priority under the program. 4. Criteria to be used to make this evaluation will include the following items listed in priority order: Page 30 of 154 Council adopted 6/13//2024 Item No. 7.2 a. Degree of threat to health and safety of occupants presented by continuance of residing in the structure. This will include evaluation factors such as availability of basic services including water, sewer, electricity, and structural deficiencies of the home. b. Health and disability of occupants which necessitates the home to undergo handicapped accessible construction because of the owner’s existing situation. c. Time and date that all application requirements are met. d. Time and date of application. H. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES Minor home repair assistance shall be in the form of a grant, through federal CDBG funds. The allowable budget authority for minor repair assistance shall not exceed Twenty Thousand and No/100 Dollars ($20,000.00) per applicant for eligible project costs. Homeowners are limited to one (1) minor repair project every twenty-four (24) months. At his/her sole discretion, the Community Services Department Director may allow subsequent minor repair projects to occur sooner to accomplish other City or program objectives, or upon significant demonstration of extraordinary circumstances. I. MINOR REPAIR AGREEMENT Each applicant assisted through this program will sign a Minor Home Repair Agreement with the City which defines the overall terms and conditions of the City providing the MHRP assistance. Other construction documents will be required to be executed by the applicant during the repair assistance process. J. FINAL INSPECTION The City of College Station will be responsible for final inspection of all housing units made available through the program to determine that the unit meets all City of College Station and HUD requirements. Page 31 of 154 June 13, 2024 Item No. 7.3. Rock Prairie Road Widening Electric Inventory Items: Streetlight Poles, Heads, and Anchors Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action for the purchase of electric inventory items with Techline, Inc., for the Rock Prairie Widening Project, not to exceed $240,056.39. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): Staff recommends approval. Summary: Staff issued  Bid #24-050 on April 19, 2024, to purchase Electric Inventory Items for the Rock Prairie Widening Project and the Bid was opened on April 26, 2024.  Two (2) sealed proposals were received; Electric and Capital Projects staff reviewed for compliance of required specifications, pricing, and delivery times. Budget & Financial Summary: $8,550,000 is included in the Capital Improvement Projects Fund. A total of $8,225,301 has been expended or committed to date, leaving a balance of $324,699 for this contract and related costs. Attachments: 1. RPE Light Pole Bid Summary 2. RPE Techline, Inc. Bid Page 32 of 154 Event Number 24-050 Event Title Purchase of Streetlight Poles and Heads Close Date 5/6/2024 02:00:00 PM (CT) Responding Supplier City State Response Total Priester-Mell & Nicholson Inc.Austin TX $198,107.00 Techline, Inc.Austin TX $240,056.39 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. 24-050 - Page 1Page 33 of 154 QUOTATION Date: ___________________________ PROPOSAL FROM: ______________________________________ PROPOSAL TO: City Of College Station 1101 Texas Ave. College Station, TX 77842 The Undersigned proposes to furnish all materials, tools and necessary equipment for the purchase of the Streetlight Poles and Heads as set out by the Specifications, in strict accordance with the Contract Documents. Please type or write legibly in blue or black ink. A unit price is required for all bid items. If there are discrepancies between unit prices and totals, the unit price will prevail. Please initial all corrections and do not round totals. In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals. The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit: BASE PROPOSAL: Stipulated Total Bid of: ($__________________________) NO Of Delivery in DAYS: Total number of calendar days for delivery __________ days. RECEIPT OF ADDENDA I hereby acknowledge receipt of the following Addenda: ________________________ CONTRACTOR NAME: CONTRACTOR SIGNATURE: ITB 24-050 Purchase of Streetlight Poles and Heads Page 18 of 20 $240,056.39 196 Techline Techline 5/1/2024 Page 34 of 154 Bid FormITB #24-050Opens: Monday, May 6, 2024 @ 2:00 p.m. CTItem InventoryNo. Description No. UOM Qty. Unit Price Total1 Streetlight pole 285-065-00053 EA 492 Lightpole Heads 285-056-00018 EA 493 Anchor bolt Kits EA 49Total Base BidITB 24-050 Purchase of Streetlight Poles and HeadsPage 19 of 20$639.11 $31,316.39$190.00 $9,310.00$4,070.00 $199,430.00$240,056.39Page 35 of 154 CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Additionally, the undersigned affirms that the firm is willing to sign the enclosed Standard Form of Agreement (if applicable). Signed By: _________________________________ Title: Typed Name: _______________________ Company Name: Phone No.: ______________________________ Fax No.: Email: Bid Address: P.O. Box or Street City State Zip Order Address: P.O. Box or Street City State Zip Remit Address: P.O. Box or Street City State Zip Company is a publicly traded business entity, including a wholly owned subsidiary of the business entity: _____ Yes _____ No Federal Tax ID No.: _____________________________ DUNS No.: ____________________________________ Date: _________________________________________ END OF ITB #24-050 ITB 24-050 Purchase of Streetlight Poles and Heads Page 20 of 20 Gary Troxell Techline 512-615-8123 512-833-5407 gary.troxell@techline-inc.com 9609 Beck Circle Austin TX 78758 9609 Beck Circle Austin TX 78758 P.O. Box 674005 Dallas TX 75267-4005 X 17424802472 02-603-1435 5/1/2024 Sales Page 36 of 154 June 13, 2024 Item No. 7.4. Employee Health Clinic Operations and Management Services Sponsor: Alison Pond, Director of Human Resources Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a three-year contract with Baylor Scott & White Health for employee health clinic operations and management services, not to exceed $2,174,803.55. Relationship to Strategic Goals: Financially Sustainable City Recommendation(s): Staff respectfully recommends approval of the contract with Baylor Scott & White Health. Summary: In November 2023, the City of College Station solicited proposals from firms to provide Employee Health Clinic Operations and Management Services for City of College Station employees, retirees, and dependents enrolled in the City’s self-funded group health insurance plan. The City went out to bid (RFP 24-012) in November 2023 and received proposals from three (3) health care companies. A review panel comprised of Human Resources/Risk Management staff, the City Manager’s Office, and the City’s outside benefits consultant recommended Baylor Scott & White Health as the new clinic partner. The proposed contract with Baylor Scott & White Health is a three-year agreement with one additional three-year renewal term by mutual agreement of the parties. The annual not-to-exceed amounts include all costs for facilities, personnel, equipment and supplies, and contingencies. Year 1 Not-to-Exceed: $704,765.60 Year 2 Not-to-Exceed: $724,603.88 Year 3 Not-to-Exceed: $745,434.07 Budget & Financial Summary: Funds are available and budgeted in the Employee Benefits Fund. Attachments: 1. Contract will be available at City Secretary's Office Page 37 of 154 The contract will be made available in the City Secretary’s Office. Page 38 of 154 June 13, 2024 Item No. 7.5. Organix Recycling, LLC Franchise Agreement Ordinance First Reading Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Organix Recycling, LLC for the collection of recyclables from commercial businesses and multi-family locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: This item is an ordinance granting Organix Recycling, LLC a non-exclusive franchise for the use of public streets, alleys, and public rights-of-ways within the city for the purpose of providing collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multi-family sites. This franchise agreement allows Organix Recycling, LLC to collect and haul recyclables and construction and demolition debris from commercial, industrial, and multi-family sites. This standard agreement sets the franchise fee based on the contractors' monthly gross revenues, delivery revenues, and hauling revenues, as well as the percentage of aggregate recycling and composting. Contractors must provide the total number of customers and total tons landfilled quarterly but are not required to disclose specific sites that are utilizing recycling services. The term of this agreement is five years. If the second reading of this franchise agreement ordinance is approved, the city will have a total of eighteen (18) franchised haulers. This list can be found on the city’s website under Public Works. Budget & Financial Summary: N/A Attachments: 1. Organix Recycling, LLC Franchise Agreement Page 39 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 1 of 16 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, ORGANIX RECYCLING LLC., ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION (“CITY”) FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter’s authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Page 40 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 2 of 16 Table of Contents Article I. Definitions ..................................................................................................................3 Article II. Grant of Authority and Acceptance ............................................................................4 Article III. Payment and Term ....................................................................................................4 Article IV. Access to Records & Reporting ................................................................................6 Article V. Rates to be Charged by Contractor .............................................................................6 Article VI. Appearance of Personnel and Equipment ..................................................................6 Article VII. Collection and Transport of Recyclables .................................................................7 Article VIII. Placement of Receptacles .......................................................................................7 Article IX. Service Complaints ...................................................................................................7 Article X. Disposal and Processing.............................................................................................8 Article XI. Violation and Penalty ...............................................................................................8 Article XII. Insurance .................................................................................................................8 Article XIII. Indemnification and Release ..................................................................................9 Article XIV. Disputes and Mediation .........................................................................................9 Article XV. General Terms ...................................................................................................... 10 Exhibit A. Schedule of Rates .................................................................................................... 13 Exhibit B. Insurance Requirements .......................................................................................... 14 I) Standard Insurance Policies Required: ............................................................................ 14 II) General Requirements Applicable to All Policies: .......................................................... 14 III) Commercial General Liability ..................................................................................... 14 IV) Business Automobile Liability .................................................................................... 15 V) Workers’ Compensation Insurance .............................................................................. 15 Exhibit C. Certificates of Insurance .......................................................................................... 16 Page 41 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 3 of 16 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager’s designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Page 42 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 4 of 16 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll-Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non-Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights-of-way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City’s residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City’s governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Page 43 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 5 of 16 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Page 44 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 6 of 16 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor’s facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor’s records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor’s markets and prices paid for each type of material’s return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month’s collection. This report is due to the City’s Representative no later than the twentieth (20th) calendar day of each month. Contractor’s report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City’s Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City’s Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Page 45 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 7 of 16 6.2 Signage. Contractor’s vehicles shall at all times be clearly labeled with Contractor’s name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor’s roll-offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12”) in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City-approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll-offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll-offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City’s Representative. City reserves the right to designate the exact location of any or all roll-offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City’s collection of municipal solid waste. Under no circumstances shall contractor place roll-offs, compactors, or receptacles in existing enclosures designated for City roll-offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Page 46 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 8 of 16 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City’s Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non-recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City-approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Page 47 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 9 of 16 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement’s administration. The officers or representatives shall meet within thirty (30) days of either party’s request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non-binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator’s services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Page 48 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 10 of 16 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days’ written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Page 49 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 11 of 16 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties’ state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station ORGANIX RECYCLING LLC Attn: Caroline Ask Attn: Julia Gustafson PO BOX 9960 3308 Bernice Ave College Station, TX 77842 Russellville AR 72802 mlucas@cstx.gov safety@organixrecycling.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the 13th day of June, 2024. b. Second Consideration & Approval on the 27th day of June, 2024. Page 50 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 12 of 16 ORGANIX RECYCLING LLC CITY OF COLLEGE STATION By: By: Mayor Printed Name: Title: Owner/Member Date: ________________ Date: ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ Page 51 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 13 of 16 EXHIBIT A. SCHEDULE OF RATES I. Contractor’s base rate is $100 per pull, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Page 52 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 14 of 16 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Page 53 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 15 of 16 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers’ Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Page 54 of 154 Contract No. 24300501 Recyclable Collection Franchise Ordinance Page 16 of 16 EXHIBIT C. CERTIFICATES OF INSURANCE Page 55 of 154 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/21/2024 Arthur J.Gallagher Risk Management Services,LLC 1490 Market Street Suite 3 Lake Charles LA 70601 Lynn Erpelding,CIC,CISR 337-475-7442 lynn_erpelding@ajg.com License#:BR-724491 Colony Insurance Company 39993 DENAWAT-03 National Union Fire Insurance Company of Pittsburg 19445DispatchParent,LLC;Denali Water Solutions,LLC 220 South Commerce Avenue 1st Floor Russellville AR 72801 Granite State Insurance Company 23809 Gemini Insurance Company 10833 AXIS Surplus Insurance Company 26620 National Fire &Marine Insurance Co 20079 1677969126 A X 1,000,000 X 300,000 25,000 1,000,000 2,000,000 X Y Y PACE4279461 6/30/2023 6/30/2024 2,000,000 B 1,000,000 X X MCS-90 Y Y 5717880 6/30/2023 6/30/2024 A D E F X 15,000,000 X Y EXC4279462 GVE100272503 P-001-001126335-01 42-XSF-316137-03 6/30/2023 6/30/2023 6/30/2023 6/30/2023 Y 6/30/2024 6/30/2024 6/30/2024 6/30/2024 15,000,000 C B X N Y 014195820 014195821 6/30/2023 6/30/2023 6/30/2024 6/30/2024 1,000,000 1,000,000 1,000,000 A Pollution Liability and Professional Liability Y Y Y PACE4279461 6/30/2023 6/30/2024 Pollution -Per Occur Professional -Claim $1,000,000 $1,000,000 Certificate Holder is included as Additional Insured on the General Liability policy pursuant to and subject to the policy's terms,definitions,conditions and exclusions as per endorsement #EPACE101-0721.Certificate Holder is included as Additional Insured on the Automobile policy as per endorsement #87950, edition date 09/14.Waiver of Subrogation applies to Certificate Holder as respects the General Liability,Automobile,Workers Compensation and Excess Liability policies pursuant to and subject to the policy's terms,definitions,conditions and exclusions.General Liability and Automobile policies are primary and noncontributory pursuant to the policy's term,definitions,conditions and exclusions.Pollution Liability is on Occurrence Basis while Professional Liability is on Claims Made Basis.Policies listed above contain a 30 day Notice of Cancellation,except 10 days in the event of nonpayment. Workers Compensation Policy #:014195820 covers State of California only. See Attached... City of College Station Public Works P.O.Box 9960 College Station TX 77842 Page 56 of 154 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: DENAWAT-03 1 1 Arthur J.Gallagher Risk Management Services,LLC Dispatch Parent,LLC;Denali Water Solutions,LLC 220 South Commerce Avenue 1st Floor Russellville AR 72801 25 CERTIFICATE OF LIABILITY INSURANCE Workers Compensation Policy #:014195821 covers all other States. Excess Liability policies follow form of underlying policies as listed below: Policy #:EXC4279462 -Colony Insurance Company -$5,000,000 limit and is excess over General Liability,Pollution Liability and Professional Liability only. Policy #:GVE100272503 -Gemini Insurance Company -$3,000,000 limit and is excess over Automobile and Employer's Liability only. Policy #:P-001-001126335-01 -AXIS Surplus Insurance Company -$2,000,000 xs $3,000,000 limit and is excess over Automobile and Employer's Liability only. Policy #:42-XSF-316137-03 -National Fire &Marine Insurance Company -$5,000,000 xs $2,000,000 xs $3,000,000 limit and is excess over Automobile and Employer's Liability only. Policy #ENVX000044823 -Certain Underwriters at Lloyds,London -$15,000,000 xs $5,000,000 over General Liability,Pollution Liability and Professional Liability only.NAIC #15792,Policy term 11/01/2023-11/01/2024 Equipment Coverage: Policy No:IMP 4001324-00 Carrier:Transguard Insurance Company Policy Dates:06/30/23 -06/30/24 Cargo Limit:$100,000 Trailer Interchange Limit:$85,000 Rented/Leased Equipment Limit:$1,000,000 Scheduled Equipment:$68,662,540 Deductible:$50,000 each occurrence Complete list of Named Insureds:Dispatch Parent,LLC;Terra Renewal Services,Inc.;Denali Water Solutions,LLC;Organix Recycling,LLC;NuTerra SE FL Organics,LLC;WeCare Denali,LLC;New Earth,LLC;Denali ROI,LLC;OR Processing,LLC;OR Composting,LLC;Ramco,Environmental,LLC;Solid Solutions,LLC;Nebo Services,LLC;Veris Environmental,LLC;AWS Dredge,LLC;Intermountain Dredge Equipment and Supply,L.C.;TerraGro Farms,LLC; Viridiun Equipment,Inc.;Organix Composting of Texas,LLC;Viridiun,LLC;Viridiun Products,LLC,Swanson Bark &Wood Products,Inc.,Imperial Western Products,Inc. Page 57 of 154 June 13, 2024 Item No. 7.6. Impact Fee Semi-Annual Report Sponsor: Carol Cotter Reviewed By CBC: Impact Fee Advisory Committee Agenda Caption: Presentation, discussion, and possible action regarding a Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Relationship to Strategic Goals: • Financially Sustainable City • Core Services and Infrastructure • Diverse Growing Economy • Improving Mobility Recommendation(s): The Impact Fee Advisory Committee (IFAC) heard this item at their meeting on June 6, 2024, and recommended acceptance of the report. Staff recommends that Council acknowledge and accept the Semi-Annual Report - No Further Action is required at this time. Summary: The attached Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local Government Code Chapter 395.058. The City of College Station adopted System-Wide Impact Fees for water, wastewater, and roadways in 2016. The statutory 5- year update was completed on November 22, 2021. Revised land use assumptions and capital improvements plans were adopted, including resultant maximum assessable rates and associated collection rates. In July of last year, residential impact fee collection rates were amended to provide for annual increases to water and roadway impact fees over the next three years, beginning January 1, 2024. This report documents the period of October 1, 2023, through March 31, 2024. Other than the programmed increase in collection rates, there have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. This report includes a summary of the utility and roadway impact fees collected, transferred, and available for capital improvement projects. It also lists ongoing capital improvement projects partially funded by impact fee revenues. The Planning and Zoning Commission serves as the Impact Fee Advisory Committee (IFAC) per the City of College Station Code of Ordinances Chapter 107, Impact Fees. Ad hoc members were also appointed for the update process. Budget & Financial Summary: N/A Attachments: 1. Impact Fee Semi-Annual Report - 20240606 2. Future Land Use Map (from FNI Report) 3. Service Area Maps -Water, Wastewater and Roadway 4. Status of Impact Fee CIP - Water Wastewater Roadway - March 2024 Page 58 of 154 Page 59 of 154 MEMORANDUM DATE: June 6, 2024 TO: Impact Fee Advisory Committee FROM: Carol Cotter, P.E., City Engineer SUBJECT: Semi-Annual Report - System-Wide Impact Fees for Water, Wastewater, and Roadway The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. In accordance with Texas Local Government Code, the 5-year update was completed on November 22, 2021. Revised land use assumptions and capital improvements plans were adopted including resultant maximum assessable rates and associated collection rates. In July of last year, residential impact fee collection rates were amended to provide for annual increases to water and roadway impact fees over the next three years, beginning January 1, 2024. Texas Local Government Code requires Semi-Annual Reporting to monitor the progress of impact fees and to determine if an update to the fee study is necessary before the statutory five-year requirement. Other than the programmed increase to the collection rates, there have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. This report documents the period of October 1, 2023 to March 31, 2024 and includes a summary of the utility and roadway impact fees collected, transferred, and available for capital improvement projects. It also lists ongoing capital improvement projects partially funded by impact fee revenues. Staff recommends that the Impact Fee Advisory Committee accept this report and forward to City Council for their update. Impact Fee Advisory Committee (IFAC) The City of College Station Code of Ordinances Chapter 107, Impact Fees, designates the Planning and Zoning Commission as the Impact Fee Advisory Committee (IFAC). Additional ad hoc members were appointed for the update process. The role of the IFAC is to: 1. Advise and assist the City in adopting Land Use Assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semi-annual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. Page 60 of 154 Page 2 of 6 System-Wide Impact Fees System-wide impact fees for water and wastewater were adopted September 22, 2016, with roadway impact fees following on November 10, 2016. Maximum assessable rates were adopted, and reduced collection rates implemented. Water and wastewater fees were phased in, starting at 50% of the collection rate the first year with full collection rates the following year. Roadway impact fees were phased in, beginning with zero fee collection in year one and 50% in year two. Full implementation of the initial collection rates occurred in December 2018. The statuary 5-year update of the water, wastewater and roadway impact fee programs was completed November 22, 2021. Amendments to the land use assumptions and capital improvements plans were adopted, including resultant maximum assessable rates and associated collection rates, and became effective on January 1, 2022. The collection rate for residential developments was increased by 10% from the previous rates and became effective March 1, 2022. The service area for roadway impact fees remained unchanged, bounded by the city limits. Service areas for system-wide water and wastewater impact fees were adjusted to respective services areas within the city limits, removing areas of the City’s extra-territorial jurisdiction (ETJ). In July of last year, residential impact fee collection rates were amended to provide for annual increases to water and roadway impact fees over the next three years, beginning January 1, 2024. The amendments have been incorporated in the semi-annual report. Status of the impact fee programs are presented in the following tables. Impact Fee Program Overview – 2021 Study Updates Impact Fee Adopted Max Rate Collection Rate per Service Unit* Total Estimated Capital Costs Recoverable Costs at Max Rate (2021 – 2031) Recoverable Cost at Collection Rate (2021-2031) ** Res Non-Res Water $3,877 $550 $500 $67,722,554 $54,457,437 $11.8M Wastewater $5,572 $3,300 $3,000 $189,748,166 $71,917,188 $24.2M Roadway A $499 $438.83 $80 $13,915,012 $9,052,650 $3.4M Roadway B $1,261 $438.83 $80 $48,390,353 $20,114,165 $5.9M Roadway C $2,127 $438.83 $80 $78,250,564 $25,687,488 $8.9M Roadway D $3,452 $438.83 $80 $74,492,580 $57,399,762 $5.7M Roadway Totals $215,048,509 $112,254,065 $23.7M * Refer to Collection Rate Adjustment Schedule table for programmed collection rates. ** Recoverable costs include programmed collection rate adjustments. Page 61 of 154 Page 3 of 6 Collection Rate Adjustment Schedule Impact Fee Collection Rate Per Service Unit Residential Non-Residential 2024 2025 2026 Water $1,950 $2,150 $2,325 $500 Wastewater $3,300 $3,300 $3,300 $3,000 Roadway A $499 $499 $499 $80 Roadway B $897 $1,163* $1,261* $80 Roadway C $897 $1,163 $1,514 $80 Roadway D $897 $1,163 $1,514 $80 * For properties platted prior to January 1, 2022, the collection rate is limited to the 2016 maximum assessable rate of $1,072. Impact fee revenues collected since the initial adoption of system-wide impact fees in 2016 are provided by fiscal year in the table below. Amounts collected for this six (6) month reporting period from October 1, 2023 through March 31, 2024 are also provided. Page 62 of 154 Page 4 of 6 Impact Fee Revenues Impact Fee FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 Total Impact Fees Collected Water $45,075 $339,325 $335,400 $381,880 $420,200 $474,025 $328,370 $145,400 $2,469,675 Wastewater $155,475 $1,606,025 $1,575,150 $1,666,800 $2,243,700 $2,333,880 $1,725,705 $786,540 $12,093,275 Roadway A $0 $40,893 $81,193 $123,327 $117,261 $454,618 $142,401 $64,073 $1,023,766 Roadway B $0 $32,671 $80,625 $427,118 $538,988 $494,585 $316,257 $155,609 $2,045,853 Roadway C $0 $156,540 $391,243 $186,979 $194,634 $255,872 $205,679 $183,467 $1,574,414 Roadway D $0 $33,000 $150,526 $79,161 $85,404 $288,661 $229,382 $10,112 $876,246 Roadway Totals $0 $263,104 $703,587 $816,585 $936,287 $1,493,736 $893,719 $413,261 $5,520,279 Page 63 of 154 Page 5 of 6 Impact Fee Capital Improvement Plan Implementation as of March 31, 2024 Impact Fee Impact Fees Allocated Developer Constructed (Estimated) City Funded Total Capital Project Expenditures Water $2,196,085 $120,000 $32,160,511 $34,476,596 Wastewater $10,113,956 $690,000 $70,471,727 $81,275,683 Roadway A $767,500 $0 $445,858 $1,213,358 Roadway B $617,500 $0 $29,654,763 $30,272,263 Roadway C $1,193,333 $77,667 $41,695,859 $42,966,859 Roadway D $767,500 $777,500 $10,493,820 $12,038,820 Roadway Totals $3,345,833 $855,167 $82,290,300 $86,491,300 The impact fee revenues are being utilized to aid in funding a number of the impact fee capital improvement projects. Impact fees may only be spent on eligible projects identified in the respective impact fee capital improvement plans and are then further restricted to the specific zones for roadway impact fees. The projects that have received impact fee funding are listed as follows. Capital Projects Receiving Impact Fee Allocation Water Impact Fee Projects: · Well #9 and Collection Line (Project F) · SH 6 Water Line Phases 1 and 2 (Project N) · SH 6 Water Line Phase 3 (Project O) · 2021 Impact Fee Study (Project R) Wastewater Impact Fee Projects: · Lick Creek Trunk Line (Project C) · Northeast Trunk Line Phases 1 and 2 (Project E) · Carters Creek Diversion Lift Station Phase 1 (Project M) · Lick Creek WWTP Phase 1 Expansion (Project N) · 2021 Impact Fee Update (Project O) Roadway Impact Fee Projects: · Zones A and D - Rock Prairie Road from SH 6 to Stonebrook Drive (Project A-5/D-1) · Zones A and D - Rock Prairie Road from Stonebrook Drive to Town Lake Drive (Project A-6/D-2) · Zones B and C - Rock Prairie Road W from 715’ west of Towers Parkway to Wellborn Road (Project B-3/C-1) · Zone C - Capstone Drive from 1,265’ west of Wellborn Road to Wellborn Road (Project C-4) · Zone C - Barron Road from Wellborn Road to WS Phillips Parkway (Project C-5) · Impact Fee Study (all Zones) Page 64 of 154 Page 6 of 6 Recommendation: Staff recommends that the Impact Fee Advisory Committee accept this report and forward to City Council for their update. Attachments: 1. Future Land Use Map 2. Service Area Maps - Water, Wastewater, and Roadway 3. Status of the Impact Fee Capital Improvements Plans – Water, Wastewater, and Roadway Page 65 of 154 !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!B R AZ O S C O B R AZ O S C O G RIM ES C O G RIM ES C O ?¡ ?cBryan ?c ?¡ ?c BRAZOS COBRAZOS COWASHI NGTON COWASHI NGTON CO?À Texas A & M UniversityTexas A & M University T X-6 S T X-6 N TX-6 T X -3 0 EAST BYP FM 2154 RDROCK PRAIRIE RD TX-47 RIVER RDWILLIAM D FITCH PKWYI AND GN RDBIRD POND RDW E L S H A V E UNIVERSITY DR ECOLE LNC A VIT T A V E HOPES CREEK RDHARVEY RDBARRON RDFM 2818 RD W TONKAWAY LAKE RD ARRINGTON RDN DO WLING RDUNIVERSITY DRPEACH CREEK RDW VILLA MARIA RDTEXAS AVE S C O U N T Y R D -1 7 5 DEACON DRROYDER RD E A R L R U D D E R F WY SBARAK LNE 29TH STF AND B RDGRAHAM RDN GRAHAM RDS D O W L IN G R D NUNN JONES RDDOMINIK DRCARTER CREEK PKWY FRANCIS DRGREENS PRAIRIE RD WJONES RD L O N G MIR E D R FINFE AT H E R R D HOLLEMAN DRQUAIL RUNPIP ELIN E R D VICTORIA AVE CHICK LN GLADE ST SEBESTA 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DROSAGE TRAIL DR K O R S H E A W A Y FOREST DR C L A N VL G TRIPLE BEND CIRWHISPERING OAKS DRCLA RK ST POST OAK BND A P P L E B Y P LBRIDLE GATE DRRIDGE WALKSCOTNEY CTWILDERNESS DR MEADOW OAKROCKY MEADOWS DR CITATION CIRD A K O TA R I D G E D R PRO CTFRIARSALLIE LNC R Y S T A L L N WELLESLEY CTDEAN PUT DR S COULTER DRPRESTWICK CTPUFFIN WAYLAKESIDE STL E G A C Y L N B R O N C O C I R FOX CIRMAGNOLIA DRCOLONIAL CIR W B Y P A S S TURK RANCH RDBIZZELL STE A G L E A V EUNIVERSITY DRFLYWAY RD BLUE RIDG E DRLEONARD RDKEMP RDFOUNDERS DR TX-47 F M 2 8 1 8 R D W ARRI NGTON RDPOTTER LNE A R L R U D D E R F WY S RAYMOND STOTZER PKWYCLLW BRONZE LN0 2,500 5,000 SCALE IN FEET FIGURE 2-1CITY OF COLLEGE STATIONWATER AND WASTEWATERIMPACT FEE UPDATEFUTURE LAND USE !I Created By Freese and Nichols, Inc.Job No.: CCL14324Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_2-1)-Future_Land_Use.mxdUpdated: Monday, November 8, 2021 LEGEND Road Railroad Stream Lake Texas A&M University City Limit ETJ Boundary Other City Limit County Boundary LAND USE Urban Center Neighborhood Center General Commercial Neighborhood Commercial Business Center Urban Residential Mixed Residential Suburban Residential Estate Residential Rural Neighborhood Conservation Medical Wellborn Institutional/Public Texas A&M University Parks & Greenways Natural Areas !!!!!!!Redevelopment Areas Page 66 of 154 0 2,500 5,000 SCALE IN FEET FIGURE 2-3CITY OF COLLEGE STATIONWATER AND WASTEWATERIMPACT FEE UPDATEWATER IMPACT FEESERVICE AREA !I Created By Freese and Nichols, Inc.Job No.: CCL14324Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_2-3)-Water_Impact_Fee_Service_Area.mxdUpdated: Monday, November 8, 2021 LEGEND !(Emergency Interconnect !(Active Interconnect [Ú Pump Station (#UT Elevated Storage Tank UT Ground Storage Tank 8" and Smaller Water Line 10" and Larger Water Line Road Railroad Stream Water Impact FeeService Area Texas A&M University Brazos County MUD 1 City Limit ETJ Boundary Other City Limit County Boundary Page 67 of 154 0 2,500 5,000 SCALE IN FEET LEGEND Vä Lift Station TXWWTP Wastewater TreatmentPlant 8" and SmallerWastewater Line 10" and LargerWastewater Line 8" and SmallerForce Main 10" and LargerForce Main Road Railroad Stream Lake Wastewater ImpactFee Service Area Texas A&M University Brazos County MUD 1 City Limit ETJ Boundary County Boundary FIGURE 2-4CITY OF COLLEGE STATIONWATER AND WASTEWATERIMPACT FEE UPDATEWASTEWATER IMPACT FEESERVICE AREA !I Created By Freese and Nichols, Inc.Job No.: CCL20771Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_2-4)-Wastewater_Impact_Fee_Service_Area.mxdUpdated: Monday, November 8, 2021User: 03812 Page 68 of 154 B D A C SH 6 N GRAHAM ROADROCK PRAIRIE ROADTE X A S A V E N U E S BIRD POND ROADEsri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Legend City Limits Service Areas A B C D NExhibit 1Service Areas November 2021 0 10.5 Miles Page 69 of 154 Water Impact Fees Capital Improvement Plan Semi-Annual Impact Fee Report: October 2023 - March 2024 Project ID Description of Project(1)Project Cost Project Status as of March 2024 A High Service Pumping Improvements $ 3,597,227 Complete B BioCorridor Water Line $ 998,884 Complete C Area 2 Water Line Extension $ 1,000,000 Complete D Cooling Tower Expansion $ 3,795,667 Complete E Well No. 10 Land Acquisition $ 1,048,633 Complete F Well No. 9 and Collection Line $ 7,623,202 Complete G Midtown Drive 12-inch Water Line $ 920,000 Complete H The Crossing at Lick Creek Phase 1 - 3 Oversize Participation $ 45,233 Complete I Embassy Suites Water Line Oversize Participation $ 15,030 Complete J Brazos Valley Auto Complex Oversize Participation $ 84,791 Complete K Castlegate II Oversize Participation $ 50,871 Complete L Greens Prairie Oversize Participation $ 96,498 Complete M Summit Crossing Phase 3A Oversize Participation $ 32,550 Complete N SH 6 Water Line Phase 1 and 2 $ 1,036,568 Complete O SH 6 Water Line Phase 3 $ 3,050,000 Complete P 3.0 MG Elevated Storage Tank and Pressure Reducing Valves $ 8,690,000 Complete Q SH 40 Water Line Phase 1 and 2 $ 4,200,000 In Design R 2021 Impact Fee Study $ 150,000 Complete 1 New and Replacement 12-inch Rock Prairie Road Water Line $ 2,289,500 Future 2 New 18-Inch Midtown Business Center Water Line $ 2,796,400 Future 3 BioCorridor Water Line Improvements $ 2,741,200 Future 4 Water Supply Well No. 10 $ 19,223,900 In Design 5 Harvey Mitchel Parkway Water Line Replacement $ 4,236,400 Future (1)Oversize participation projects include only the portion of costs paid for by the City. Page 70 of 154 (#UT (#UT UTUT[Ú[Ú !A!(!(!(!(!(!(!(!(!(!((#UT Texas A & M UniversityTexas A & M University Brazos CountyMUD 1 City of Bryan29th Street 3.0 MG Park PlaceElevated Storage TankOverflow Elev. = 522' 2.0 MG Greens PrairieElevated Storage TankOverflow Elev. = 522' Dowling RoadPump Station(3) - 8,000 gpm Pumps(2) - 6,175 gpm Pumps(1) - 6,000 gpm Pump(1) - 5.0 MG Ground Storage Tank(1) - 3.0 MG Ground Storage TankOverflow Elev. = 370'High Service Pumping Improvements City of College StationHSC Parkway Texas A&MUniversityVilla Maria Texas AMUniversityMaple Street Texas AMUniversityOlsen Field WellbornFoxfire Wellborn Holleman WellbornRock Prairie Wellborn Waterford Heights Wellborn Caprock 3.0 MG Rock PrairieElevated Storage Tank and PRVs (H 24" (2 (1 (1 (N (N (G (O (3 (5 (L (A (B 18"18"12" 2 4 "30"30"12"1 8 " &18"18"18"(I (M & &&&(J (K (C (P (Q (Q (O ?c ?c ?¡ ?¡ ?À (O20"12"1 8 "18"(3 12" 16" 12" 16" 12" 1 6 "12"30"1 2 " 12"24"18"12"12"12"12"12"18"1 2 "24"12"12"12"24" 1 2 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CREEK RDCOLE LNB O O N E V I L L E R D C A VIT T A V E ROYDER RD PEACH CREEK RDW 2 8 T H S T TONKAWAY LAKE RD ARRINGTON RDN DO WLING RDW VILLA MARIA RDUNIVERSITY DRR O E S E R D BARAK LNHARDY WEEDON RD F AND B RDN GRAHAM RDBROADMOOR DRS DOWLI NG RDBECK STNUNN JONES RDJONES RD DOMINIK DRCARTER CREEK PKWY N EARL RUDDER F W Y FRANCIS DRFINFE AT H E R R D WEEDON LOOPTX-21PIPELINE RDCHICK LN BRIARCREST DRK E M P R D GLADE ST E 25TH ST S E B E S T A R D KOPPE BRIDGE RDGANDY RDBRADLEY RDHICKS LNDUSTY RDFISHTANK RDCAIN RDS MAIN STPALASOTA DR L O ST T R L WOODLAKE DR FROST DR W ELLB O R N R D BAWMKER RDNAGLE STE VILLA MARIA RDJOHN RICE DRGROESBECK STOLDEN LNE 27TH ST LINCOLN AVEC A P S T O N E D R IN DIA N L A K E S D R DEER RUN WHITE CREEK RD ELMO WEEDON RDPATE RDPARK PLE 30TH ST WAYSIDE DR SULPHUR SPRINGS RDT I M B E R L I N E D R E WM J BRYAN PKWYE 26TH ST DEW RD GEORGE BUSH DR WALACIA CT S COLLEGE AVE TODD TRLFM 158 RD PE A C H C R E E K C U T O F F B O X L E Y B N DFOUNTAIN AVEOLD TI RDD E 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HURSTLUEDECKE LN IBIS CTS T O K E S C I R BELMONT CIRW A L N U T C R E E K C T OAK CIRCAEOUSEL LN WINDWOOD DR HIDDEN ACRES DRCHU RCH S T RED RIVER DR KOENIG STTOLTEC TRLHUNTERS W AY K O R S H E A W A Y K O C H S T OAK HILLS CIR ROL L I NG R DGC L A N VL G CHIPPENDALE ST FINNEYHARDY STGREEN TREE CIRTRIPLE BEND CIRWHISPERING OAKS DRS TEXAS AVE LAMAR DRPLEASANT STCOUNTY RD-172CRENSHAW CIRPOST OAK BND H O R S E B A C K C T HEATHER GLN M A R I N E R D R WILDERNESS DR CITATION CIRRENWICK DRIRIS LNWHITE STONE DRT ROW C R Y S T A L L N SYCAMORE TRL ANTLER CIRO PA L S T B R Y A N T S T EDGEMORE DRCRESTON LNSPRUCEWOOD ST POST OFFICE STS COULTER DRPRESTWICK CTHOPE LNS O U T H D R E DODGE STN EARL RUDDER FWY TX-47 UNIVERSITY DRE 27TH ST TX-21BURT STCLLTURK RANCH RDKEMP RD E 30TH ST POTTER LNFLYWAY RD K E N T S T BLUE RIDG E DR FIGURE 3-1CITY OF COLLEGE STATIONWATER IMPACT FEE UPDATECAPITAL IMPROVEMENTS PLAN !I Created By Freese and Nichols, Inc.Job No.: CCL20771Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_3-1)-Water_IF_CIP.mxdUpdated: Monday, November 8, 2021 11:12:56 AMUser Name: 03812 0 2,750 5,500 SCALE IN FEET LEGEND Impact Fee Eligible Project Water Line Ongoing/Recently Completed Improvements !APressure Relief Valve (#UT Water Tank Water Line Existing Water System !(Interconnect (#UT Elevated UT Ground [Ú Pump Station 8" and Smaller Water Line 10" and Larger Water Line Road Railroad Stream Lake Water Impact Fee Service Area Brazos County MUD 1 Texas A&M University City Limit ETJ Boundary Other City Limit County Boundary UT UT[Ú[Ú (5 Dowling RoadPump Station(3) - 8,000 gpm Pumps(2) - 6,175 gpm Pumps(1) - 6,000 gpm Pump(1) - 5.0 MG Ground Storage Tank(1) - 3.0 MG Ground Storage Tank Overflow Elev. = 370'High Service Pumping Improvements (A 30"3 0 " 3 0 "30"30"8 " 6" 3"4"6" 8"8"8"6"8"8 " 6"6"8 "8"8"8"4"8"8 "6"6"8"8"8"8"8"8 "8"8"8" 8 " 8" 8 "8"8 "8"8"8 " 8"8"6"8"8"8"6"6" 8" 8"6"8" 6"6"8 " 8 " 8"8"8"6"8"6" 8"8"6"6"6"8"6 "6"6"6" 6" 6"8"6"8"8"6"6"8"6 "6"8"8"8"8"8 " 3"8"8"8"8" 8"8"6"8 " 8"8"8" 8 "8"8"8"6"8 " 6"6"8"8"8"8"8"6"6" 8" 6"8"6 " 6" 6"6"8"6"6" 8" 6"8"8"8"3 6 "3 0 " 2 4 " 1 8 "42"12"16"48"10"16"12" 1 2"16"12"12"1 2"12"2 4 " 12"12"12"12"12"18"36" 12" 1 6 " 1 2 " 36" 12"10"1 2 "1 2 "12"1 8 " 42" 1 2 "24"36" 1 8 " Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community The timing of projects shown is subject to change based on development patterns.The utility alignments shown in this figure are for illustration purposes onlyand do not set the alignments. The alignment of each utility will be determinedat the time of the engineering design. (4 (D (E (F Cooling Tower Expansion Land Acquisition for Well No. 10 Well No. 9 and Collection Line New Groundwater Well No. 10 Page 71 of 154 Wastewater Impact Fees Capital Improvement Plan Semi-Annual Impact Fee Report: October 2023 - March 2024 Project ID Description of Project(1)Project Cost Project Status as of March 2024 A Royder/Live Oak Sewer Service $ 1,691,256 Complete B Bee Creek Interceptor Phase 1 and 2 $ 8,472,421 Complete C Lick Creek Trunk Line $ 14,020,058 Complete D Medical District Trunk Line Phase 1 (Participation Agreement)$ 1,770,375 Complete E Northeast Trunk Line Phase 1 and 2 $ 6,558,738 Complete F Southwood Valley Trunk Line Phase 1 $ 1,518,488 Complete G 18-Inch Harvey Road Gravity Line $ 188,790 Complete H Creek Meadows Lift Station Upsizing and Force Main $ 212,587 Complete I Nagle Street Student Housing Oversize Participation $ 26,854 Complete J Bee Creek Interceptor Phase 3 $ 3,900,000 Under Construction K Medical District Trunk Line Phase 2 and 3 $ 3,250,000 Phase 2: In Design; Phase 3: In Design L Northeast Trunk Line Phase 3 and 4 $ 13,861,000 Phase 3: In Design; Phase 4: In Design M Carters Creek Diversion Lift Station Phase 1 $ 13,900,000 Under Construction N Lick Creek WWTP Phase 1 Expansion $ 39,014,049 Under Construction O 2021 Impact Fee Update $ 174,150 Complete 1 15/18/24/30/36-inch Southwood Valley Interceptor Phase 2 $ 7,314,800 Programmed 2 18/21/24-Inch Bee Creek Trunk Line Phase 4 $ 5,357,800 Future 3 18/21-Inch Alum Creek Sewer Trunk Line $ 11,136,600 In Design 4 8-Inch Creek Meadows Force Main Re-Routed to Alum Creek Trunk Line $ 2,517,900 Future 5 Lick Creek WWTP Phase 2 Expansion (to 8.0 MGD)$ 49,946,000 Future 6 21/24-Inch Harvey Road Replacement Gravity Line $ 4,916,300 Future (1)Oversize participation projects include only the portion of costs paid for by the City. Page 72 of 154 Vä Vä Vä VäVä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä VäTXWWTP TXWWTP TXWWTP Texas A & M UniversityTexas A & M University Brazos CountyMUD 1 Private Lift Station (3 (H (B (L (K 20" F.M. (6 (4 (L (L 8" F.M 8" F.M (K (K (J[]][][(M (M (M (D(2 48"18"21"24"8" F.M 8" F.M18"36"8 " F.M8" ?c ?c ?c ?c ?c ?¡ ?¡ ?¡?¡ ?À Carters Creek WWTPPermitted Capacity: 9.5 MGDFunctional Capacity: 7.7 MGD Carters Lake WWTP Southern Pointe LS Indian Lakes LS Crooked Creek Path LS Creek Meadow LSExpansion to 0.87 MGD Decommission Existing 6-Inch Force Mains and Re-Route Flows Aggie Acres LS Luther Street LS Fox Fire LS Valley Park LS Hensel Park LS2.59 MGD Existing Firm CapacityDecommission Lift Station and 12" Force Main WASHI NGTON COWASHI NGTON COBRAZOS COBRAZOS COBRAZOS CO BRAZOS CO GRIMES CO GRIMES CO Westminster LS Lift Station 2Decommission Lift Station and 8" Force Main Lift Station 3Decommission Lift StationDivert Flow to Lick Creek WWTP Lift Station 4 Mission Ranch LS Castlegate LS Rock Prairie LSDecommission Lift Station and 6-Inch Force Main 15"15"15"15"15"30"10"36"2 4 "30"18"4 8 "24"21"20"18"42"21"15"18"15"18"18 "27"21"15" 8" F.M. 6" F.M.8" F.M.6" F.M.6" F.M.6" F.M.18"18"15" 42" 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FIGURE 3-2CITY OF COLLEGE STATIONWASTEWATER IMPACT FEE UPDATE CAPITAL IMPROVEMENTS PLAN !I Created By Freese and Nichols, Inc.Job No.: CCL20771Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_3-2)-WW_ImpactFee_CIP.mxdUpdated: Tuesday, October 19, 2021 11:10:10 AMUser Name: 03812 0 2,750 5,500 SCALE IN FEET LEGEND Ongoing/Recently Completed Improvements Vä Lift Station TXWWTP Wastewater TreatmentPlant Gravity Main Force Main Impact Fee Eligible Improvements Gravity Main Force Main Existing Wastewater System Vä Lift Station TXWWTP Wastewater TreatmentPlant 8" and SmallerWastewater Line 10" and LargerWastewater Line Force Main Road Railroad Stream Lake Wastewater ImpactFee Service Area Brazos County MUD 1 Texas A&M University City Limit ETJ Boundary Other City Limit County Boundary (J ][(1 (F48"4 8 "36''42''5 4 '' 4 8 ''42''42''36''42''42''5 4 ''54''30''36''30''30''15"36"2 4 "3 0 " 12" 10" 2 1 " 18" 1 6 " 12"15"15" 12"10"30"12"10"30"1 5 "12"15"36"12"30" 12" 10"10"30"10" 10" 12" 12" 18" 15"10"12"30"12" 10" 12" 10"12"1 0 " 10" 10" 12"30"1 0 " 18" 12"10"12"10"15" 10" 15" 12"15"1 5 "18"18"24"30" 12" T X - 6 S MILE DRT X -6 N TEXAS AVE S TODD TRL H I L L S I D E D R MORGANS LNAUSTIN AVE H A W K T R E E D R A IR L IN E D R SEBESTA RDCENTRAL PARK LN ANGELINA CIR SANDY CIR HICKORY DR SUMMIT STEM E RAL D P LZCOLGATE CIRRAYBURN CT N FOREST PKWYFARM-TO-MARKET ROAD 2818OAK FORREST A U B U R N C T CARNAT I ON CT YALE CIRBRENTW O O D DR EWALNUT BNDA ZALEA CTDARTMOUTH ST HARVEY MITCHELL PKWY SE A R L R U D D E R F WY S M OSSY OAKAMHERST CIRCYPRESS DR EAST BYPVALLEY VIEW DRBROTHERS BLVDEMERALD PKWY L O N G MIR E D RASHFORD DRCROSS TIMBERS DR EAST BYPTX-6 STX-6 STX-6 NC O LG A TE C IR TX-6 STX-6 NLONGMIRE DRAIRLINE DRTX-6 NEAST BYPHAW K TREE DRTX-6 STX-6 NDARTMOUTH ST TEXAS AVE S AIRLINE DRTX-6 SEARL RUDDER FWY SMOSSY OAK TX-6 NSEBESTA RDAUSTIN AVE8"6"4"8" 8"8"8"8"8"8"6"8"6"6"6 " 6"8"8"8"6"8 "8"8"6"8" 6 " 6"6"6"8"6"6"8"6"8"8 "8"6"8"6"6"8"8" 6" 8" 6" 8"8"6" 6"8"8" 6" 8"6"8"6" 6"6"8"8"6"6"6"8" 8 " 6 "8"8 " 8" 8"6"6" 6" 6 "8"6"6"8" 6"6"8"6" 6"6"8 " 8" 8"8"8 " 6" 8" 8" 8"6"6"6"8"6"6"6"8" 8" 6" 8"6"8"8"6"8"6" 6" 8"8"6"8"8"6 "8"6"6"6"6"8"6"6"6"8"8"6"8" 6"6"6"8"8"6"8"6"8"8"8"6"8"8"6"6"6" 8"8"6"6"6"6"8"8"6" 8 " 8"8"6"8"8" 6" 6" 8"8"6"8"6"6"8"6"6" 8" 8"8"8"6"6"8"6"8"6"6"6"6" 6"6"6"6 "8"6"6" 8"6"6"8"6" 8"6"8"8" 8" 6"6"6"6"8"8"8"8"8" 8" 6" 6"6"6"6"6" 6"8"8 " 6"8"6" 8 " 8"6"8" 8" 6" 6"8"8"8"6"8"8"6"8" 6" 6" 6" 8"6"8"6"6"8"6"6"6"8" 8"6"The timing of projects shown is subject to change based on development patterns.The utility alignments shown in this figure are for illustration purposes onlyand do not set the alignments. The alignment of each utility will be determinedat the time of the engineering design. Page 73 of 154 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2023 - March 2024 Service Area A From To A-1 4 lane Minor Arterial George Bush Drive E Dominik Drive Harvey Road Widening 2,409,500$ Future A-2 2 lane Major Collector Lassie Lane Sterling Street Manuel Drive Future 860,066$ Future A-3 2 lane Major Collector Dartmouth Street 720' S of Harvey Mitchell Parkway S Texas Avenue S Future 2,423,520$ Future A-4 4 lane Major Arterial - TxDOT Harvey Road SH 6 Northbound Frontage Road Boonville Road Widening 2,509,696$ In Design A-5, D-1 4 lane Major Arterial Rock Prairie Road SH 6 Northbound Frontage Road Stonebrook Drive Partial Widening 2,164,000$ Construction A-6, D-2 4 lane Major Arterial Rock Prairie Road Stonebrook Drive Town Lake Drive Widening 5,136,000$ Construction A-7, D-8 4 lane Major Arterial Bird Pond Road Rock Prairie Road 1,055' E of Rock Prairie Road Future 1,758,000$ Future 1 400,000$ Future 2 301,515$ Complete 3 397,476$ Complete Project ID Functional Class Project Limits Project Status as of March 2024 Harvey Mitchell Parkway S and Dartmouth Street Texas Avenue S and Brothers Boulevard Project Type Project Cost University Drive E and University Towne Center Intersections Page 74 of 154 A-4A-6, D-2A-3A-7, D-8A-1 A-5, D-1 A-2 S H 6 TE X A S UNIVERSITYHARVEYBIRD PONDDARTMOUTH SOUTHWESTCO P P E R F I E L D TARROWLASSIEGEORGEBUSHE 3 2 1 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area A November 2021 0 10.5 Miles Page 75 of 154 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2023 - March 2024 Service Area B From To B-1 4 lane Minor Arterial F & B Road 160' E of Turkey Creek Road Harvey Mitchell Parkway S Widening 4,106,520$ Future B-2 4 lane Minor Arterial (1/2)Luther Street W Harvey Mitchell Parkway Jones Butler Road Partial Widening 2,903,600$ Future B-3, C-1 4 lane Minor Arterial Rock Prairie Road W 715' W of Towers Parkway Wellborn Road Widening 4,659,868$ Complete B-4, C-2 6 lane Major Arterial Rock Prairie Road Normand Drive SH 6 Constructed 4,017,530$ Complete B-5 2 lane Major Collector Turkey Creek Road 2,775' N of Raymond Stotzer Parkway Westbound Frontage Road Raymond Stotzer Parkway Westbound Frontage Road Widening 3,278,140$ Future B-6 6 lane Major Arterial - TxDOT Harvey Mitchell Parkway S Raymond Stotzer Parkway Wellborn Road Widening 1,407,527$ Under Construction B-7 4 lane Minor Arterial Penberthy Road George Bush Drive Luther Street W Constructed 3,080,683$ Complete B-8 6 lane Major Arterial - TxDOT Wellborn Road George Bush Drive 940' N of Harvey Mitchell Parkway S Partial Widening 1,486,464$ Future B-9 2 lane Major Collector Jones Butler Road Harvey Mitchell Parkway S Holleman Drive S Future 9,652,780$ In Design B-10 4 lane Minor Arterial Holleman Drive S N Dowling Road 290' S of Rock Prairie Road W Constructed 10,631,067$ Complete 3 397,476$ Complete 4 1,190,232$ In Design 5 644,445$ Complete 6 4,532,013$ Complete 7 572,000$ In Design 8 350,000$ Future Project ID Functional Class Project Limits Project Status as of March 2024 Intersections Wellborn Road and George Bush Drive Welborn Road and Holleman Drive Wellborn Road and Deacon Drive Holleman Drive W and Jones Butler Road Longmire Drive and Ponderosa Drive Project Type Project Cost Texas Avenue S and Brothers Boulevard Page 76 of 154 TE X A S W E L L B O R N HARVEY MITCHELLF & B ROADHOLLEMAN HO P E C R E E K GEORGE BUSHN DOWLINGSOUTHWESTROCK PRAIRIERAYMOND STOTZERS H 6 ROC K P R AIRIEWUNIVERSITYCO L L E G E LUTHERT U R K E Y C R E E K PE N B E R T H Y B-6 B- 1 0 B - 8 B-2B- 5B-1B- 7 B-3, C-1B-4, C-2B-9 8 3 7 6 5 4 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area B November 2021 0 10.5 Miles Page 77 of 154 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2023 - March 2024 Service Area C From To B-3, C-1 4 lane Minor Arterial Rock Prairie Road W 715' W of Towers Parkway Wellborn Road Widening $ 4,659,868 Complete B-4, C-2 6 lane Major Arterial Rock Prairie Road Normand Drive SH 6 Constructed $ 4,017,530 Complete C-3 4 lane Minor Arterial Barron Road WS Phillips Parkway Decatur Drive Constructed $ 5,795,317 Complete C-4 4 lane Minor Arterial Capstone Drive 1265' W of Wellborn Road Wellborn Road Future $ 2,765,575 In Design C-5 4 lane Minor Arterial Barron Road Wellborn Road WS Phillips Parkway Widening $ 4,712,977 In Design C-6 4 lane Minor Arterial Greens Prairie Road 820' W OF WS Phillips Parkway Arrington Road Widening $ 10,550,324 Complete C-7 4 lane Minor Arterial Greens Prairie Road Wellborn Road 1290' E of Creek Meadow Boulevard N Constructed $ 8,918,795 Complete C-8 4 lane Major Arterial Towers Parkway Rock Prairie Road W Wellborn Road Future $ 10,030,680 Future C-9 4 lane Major Arterial - TxDOT Wellborn Road Capstone Drive 540' S of Greens Prairie Road Widening $ 2,407,328 In Design C-10 4 lane Minor Arterial (1/2)WS Phillips Parkway Barron Road Greens Prairie Road Partial Widening $ 5,844,160 Future C-11 4 lane Minor Arterial (50%)WS Phillips Parkway Greens Prairie Road Arrington Road Future $ 7,311,480 Future C-12 4 lane Minor Arterial (50%)Royder Road Extension I-GN Road Wellborn Road Future $ 3,360,000 Future C-13 4 lane Minor Arterial Royder Road Wellborn Road 885' S of Greens Prairie Road Constructed $ 7,690,299 Complete C-14 2 lane Major Collector Victoria Avenue Southern Plantation Drive William D. Fitch Parkway Constructed $ 1,973,927 Complete 9 350,000$ Future 10 320,994$ Complete 11 350,000$ Future 12 350,000$ Future 13 350,000$ Future 14 816,249$ Complete Project ID Functional Class Project Limits Project Status as of March 2024 Intersections Barron Road and Alexandria Avenue Barron Road and Decatur Drive Barron Road and Longmire Drive Longimre Drive and Eagle Avenue William D. Fitch Parkway and Victoria Avenue Project Type Project Cost Graham Road and Victoria Avenue Page 78 of 154 SH 6 I-GNWELLBORNBARRONWS P H I L L I P S ARRINGTONGREENS PRAIRIEROCK PRAIRIEWILLIAM D FITCH ROYDER TOWER S CAPSTONE C-9C-6C-3C-1 1 C-7C-1 0 C-8 C-1 3 C-14C-5C-12B-3, C-1B-4, C-2 C-4 9 13 14 12 11 10 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area C November 2021 0 10.5 Miles Page 79 of 154 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2023 - March 2024 Service Area D From To A-5, D-1 4 lane Major Arterial (1/2)Rock Prairie Road SH 6 Northbound Frontage Road Stonebrook Drive Partial Widening $ 2,164,000 Construction A-6, D-2 4 lane Major Arterial Rock Prairie Road Stonebrook Drive Town Lake Drive Widening $ 5,136,000 Construction D-3 4 lane Major Arterial Rock Prairie Road Town Lake Drive William D. Fitch Parkway Widening $ 17,245,000 In Design D-4 4 lane Minor Arterial Midtown Drive Medical Avenue 990' E of Medical Avenue Constructed $ 1,028,820 Complete D-5 4 lane Minor Arterial (1/2)Midtown Drive 990' E of Medical Avenue 800' S of Town Lake Drive Partial Widening $ 4,535,000 Future D-6 2 lane Major Collector Midtown Drive 800' S of Town Lake Drive 2605' S of Corporate Parkway Constructed $ 5,374,808 Complete D-7 2 lane Major Collector Durham Drive Midtown Drive Rock Prairie Road Future $ 981,960 Future A-7, D-8 4 lane Major Arterial Bird Pond Road Rock Prairie Road 1055' E of Rock Prairie Road Future $ 1,758,000 Future D-9 4 lane Minor Arterial (50%)Town Lake Drive SH 6 Northbound Frontage Road Midtown Drive Future $ 1,753,000 Partial D-10 2 lane Major Collector Corporate Parkway SH 6 Northbound Frontage Road Midtown Drive Constructed $ 1,436,192 Complete D-11 2 lane Major Collector Corporate Parkway Midtown Drive William D. Fitch Parkway Future $ 9,894,000 Future D-12 4 lane Minor Arterial (1/2)Pebble Creek Parkway Royal Adelade Drive St Andrews Drive Partial Widening $ 2,137,000 Future D-13 4 lane Minor Arterial (50%)Pebble Creek Parkway St Andrews Drive 275' S of Lone Star Lane Future $ 9,181,000 Future D-14 2 lane Major Collector Lakeway Drive 1645' S of Gateway Boulevard SH 6 Northbound Frontage Road Future $ 2,635,080 Future D-15 2 lane Major Collector Mather Parkway Nantucket Drive 1920' S of Nantucket Drive Future $ 882,000 Future D-16 4 lane Minor Arterial (50%)Nantucket Drive SH 6 Northbound Frontage Road Pebble Creek Parkway Future $ 5,877,000 Future D-17 2 lane Major Collector Nantucket Drive Pebble Creek Parkway Southern Pointe Parkway Future $ 3,083,220 Future D-18 4 lane Minor Arterial (50%)Southern Pointe Parkway 205' W of Pipeline Road 280' E of Nantucket Drive Future $ 3,902,000 Future Functional Class Project Limits Project Type Project Status as of March 2024Project ID Project Cost Page 80 of 154 SH 6 ROCK PRAIRI E WILLIAM D FITCHPE B B L E C R E E KBIRD PONDN A N TUCKETC O R P ORATE LAKEWAYTOWNLAKEMI D T O W N D-3 D- 1 3D-16D-6 D-11 D-17 D-1 4 D-18D-7D-5 D-9A-6, D-2 A-7, D-8D- 1 2 D-4 D-15A-5, D-1 D-108 3 6 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area D November 2021 0 10.5 Miles Page 81 of 154 June 13, 2024 Item No. 7.7. Authorization to Protest Water Transport and Export Permits Sponsor: Stephen Maldonado, Assistant Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a resolution delegating and authorizing the Mayor and City Manager to protest and request a contested case hearing regarding the water transport and export permits that are currently pending at the Brazos Valley Groundwater Conservation District and to negotiate and enter into an interlocal agreement for cost sharing and joint representation with other similarly aligned entities. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Diverse and Growing Economy 3. Sustainable City Recommendation(s): Staff recommends approval. Summary: The City of College Station received a notification from the Brazos Valley Groundwater Conservation District (BVGCD) on May 28, 2024, concerning seven transport permit requests. These requests seek to enable the transfer of water from Robertson County, positioned north of College Station's wellfield, to counties beyond the district's boundaries, primarily along the I-35 corridor. A BVGCD public hearing for these permits is scheduled for June 18, 2024, at 6:00pm. As per BVGCD regulations, individuals or entities intending to protest listed permit applications and request contested case hearings must submit a written request to the BVGCD office by 5:00pm on the day preceding the permit hearing. Consequently, the deadline for College Station to lodge protests against these permits is June 17, 2024, at 5:00pm. City of College Station staff have collaborated with hydrologists to assess the impacts of the referenced transport and export permits on existing City water wells. Presently, the City operates eight wells in the Simsboro formation, with permits to drill three additional wells. The BVGCD’s groundwater model predicts that all of the City's groundwater wells will be negatively affected by BVGCD's approval of the pending water transport and export permits, potentially requiring some groundwater wells to be redrilled to sustain pumping operations. Moreover, the groundwater modeling predicts that with these additional transport and export permits, the Desired Future Condition (DFC) level of the aquifer will be met by the year 2036. Before this limit is reached, the BVGCD will impose pumping limitations on users within the district. This poses significant challenges for College Station, as the new transport and export permits would significantly hinder the City's ability to utilize its full permitted amount of groundwater beyond 2036. Without the ability to increase pumping volume, the City may be required to explore alternative water supply options or consider halting the issuance of building permits, potentially stunting growth. The attached resolution delegates and authorizes the Mayor and City Manager to take all actions necessary to protest and request a contested case hearing regarding the water transport and export Page 82 of 154 permits that are currently pending at the BVGCD. The resolution also delegates and authorizes the Mayor and City Manager to negotiate and enter into an interlocal agreement for cost sharing and joint representation regarding this matter with the City of Bryan and other similarly aligned entities, such as Brazos County and others. In the event a contested case is granted, the City of College Station will incur legal fees associated with protesting these permits. Budget & Financial Summary: N/A Attachments: 1. Resolution BVGCD Transport Export Permit Protest 6-13-2024 2. BVGCD Public Permit Hearing Notice For Transport Permits 3. BVGCD Transport Permit Hearing Presentation Page 83 of 154 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DELEGATING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO PROTEST AND REQUEST A CONTESTED CASE HEARING REGARDING THE WATER TRANSPORT AND EXPORT PERMITS THAT ARE CURRENTLY PENDING AT THE BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT (BVGCD) AND TO NEGOTIATE AND ENTER INTO AN INTERLOCAL AGREEMENT FOR COST SHARING AND JOINT REPRESENTATION REGARDING THIS MATTER WITH THE CITY OF BRYAN AND OTHER SIMILARLY ALIGNED ENTITIES. WHEREAS, the City Council of the City of College Station strives through its Vision Statements to provide high quality, customer focused basic city services at a reasonable cost, including sustainable water services; and WHEREAS, the City Council of the City of College Station must protect the long term, strategic groundwater supply interests for current and future customers, citizens, and economic growth; and WHEREAS, the BVGCD’s groundwater model predicts that all of College Station's groundwater wells will be negatively affected by BVGCD’s approval of the pending water transport and export permits, potentially requiring some groundwater wells to be redrilled to sustain pumping operations; and WHEREAS, BVGCD’s approval of the referenced water transport and export permits will harm and adversely affect College Station, and pose significant challenges for College Station, as the new transport and export permits will significantly hinder College Station's ability to utilize its full permitted amount of groundwater, impacting current and future customers, citizens, and economic growth in the area; and WHEREAS, BVGCD regulations provide that individuals or entities intending to protest listed permit applications and request contested case hearings must submit a written request to the BVGCD office by 5:00 pm on the day before the permit hearing; and WHEREAS, it is in the best interest of the City of College Station to protest the permit applications, request contested case hearings, and to join with the City of Bryan and other similarly aligned entities regarding this matter, and to enter into an interlocal agreement for cost sharing and joint representation regarding this matter; now therefore, Page 84 of 154 Resolution No.Page 2 of 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in the preamble of this resolution are hereby declared true and correct and incorporated herein fully by reference. PART 2:That the City Council hereby determines that the Brazos Valley Groundwater Conservation District’s approval of the referenced transport and export permits will harm and adversely affect College Station. PART 3: That the City Council hereby delegates and authorizes the Mayor and the City Manager to take all actions necessary to protest and request contested case hearings regarding the water transport and export permits that are currently pending at the Brazos Valley Groundwater Conservation District. PART 4:That the City Council hereby authorizes the Mayor and City Manager to negotiate and enter into an interlocal agreement for cost sharing and joint representation regarding this matter with the City of Bryan and other similarly aligned entities. PART 5:That this resolution shall take effect immediately from and after its passage. ADOPTED this 13th day of June, 2024. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 85 of 154 Page 86 of 154 Brazos Valley Groundwater Conservation District Public Hearing for Transport Permit Applications June 18, 2024 1Page 87 of 154 Executive Summary •The transport permit applications address the requirements of BVGCD Rule 10.3 •Transport permit applications were deemed administratively complete by BVGCD on March 21, 2024 •The BVGCD Board has requested additional technical review to address items in Rule 10.3(b) 2Page 88 of 154 Introduction 3 •Transport Permit Applications •Transport Permit Modeling •Model Update •Calvert Area Fault Update •Update to GMA 12 S-19 MODFLOW Well File •BVGCD Desired Future Conditions (DFC) •Effects of Simulated Pumping on BVGCD Permitted and Registered Simsboro Wells Page 89 of 154 4 Transport Permit Applications •Mr. James Brien •Cula d’Brazos LLC • Ely Family Partnership LP • Fazzino Investments LP • RH2O LLC • Mr. Clifford A. Skiles III •L. Wiese Moore LLC Page 90 of 154 Assumptions for the S-19G3 Well File 5 •Upwell Brazos Valley Farm •5,000 afy is divided evenly between 12 agricultural wells beginning in 2011 and held mostly constant through 2070 •All other Upwell permitted production is set to 0 from 2029 to 2070 •Allowing for transport pumping to be added in subsequent runs •Municipal Production based on 2070 Water Demand in the 2022 State Water Plan •Current permitted production is the maximum amount •Permits greater than 2070 demand ramp up to 2070 •Permits less than 2070 demand ramp up to 2060 • held constant from 2060 through 2070 •Municipal permits issued after S-19 are included in S-19G3 with pumping starting in 2029 •Vista Ridge Well Field •Simsboro pumping added to bring total combined Carrizo and Simsboro production to 50,000 afy from 2022 to 2070 •Decrease Carrizo Pumping from 15,000 ac-ft to 9,100 ac-ft in 2024 •Increase Simsboro Pumping from 35,000 ac-ft to 41,000 ac-ft in 2024 Fault Update to GAM V3.02 DRAFTPage 91 of 154 •S-19G3 is base well file •S19G3 + 50,000 ac-ft (UWBVF Wells) •S19G3 + 75,000 ac-ft (UWBVF & Wells in Transport Permit Application) •S19G3 + 100,000 ac-ft (UWBVF & Wells in Transport Permit Application) •Pumping Period is 30 years in each scenario (transport permit term) •UWBVF wells that are part of an existing transport permit (BVTP-001) 6 Transport Pumping Scenarios Page 92 of 154 Comparison of the Transport Pumping Scenarios 7 Page 93 of 154 100K - UWBVF wells under existing transport permit (BVTP-001) and the permitted wells in the transport permit applications 75K - UWBVF wells under existing transport permit (BVTP-001) and the permitted wells in the transport permit applications 50K - UWBVF wells under existing transport permit (BVTP-001)8 Simulated Simsboro Drawdown in 2059 Based on the Transport Pumping Scenarios 100K75K50K Page 94 of 154 9 Simulated Water Level above the Top of the Simsboro Aquifer in 2059 Based on the 100k Transport Pumping Scenario 100K Page 95 of 154 A 10 Schematic Cross-Section of the 2059 Water Level in the Simsboro Aquifer Based on 100k Transport Permit Application Pumping Scenario Simulated Water Level Approximate Land Surface Elevation A’ Page 96 of 154 11 Average Simsboro Drawdown 2000 – 2070 compared to current DFC Page 97 of 154 12 Average Drawdown 2000 – 2070 compared to current DFCs in other aquifers Average Carrizo Drawdown 2000 - 2070 Average Calvert Bluff Drawdown 2000 - 2070 Average Hooper Drawdown 2000 - 2070 Carrizo Calvert Bluff Hooper Page 98 of 154 100K - UWBVF wells under existing transport permit (BVTP-001) and the permitted wells in the transport permit applications 13 Simulated 2028 to 2059 Drawdown from All Pumping 100K75K50K 50K - UWBVF wells under existing transport permit (BVTP-001) 75K - UWBVF wells under existing transport permit (BVTP-001) and the permitted wells in the transport permit applications Page 99 of 154 14 Effects of Simulated Pumping on BVGCD Permitted and Registered Simsboro Wells •612 BVGCD permitted and registered Simsboro wells •Assessment does not allocate responsibility for impacts among all the groundwater producers in the Simsboro Aquifer. •Timing and magnitude of pumping have potential impacts on allocation of responsibility and on when and if wells may require mitigation. •Analysis compares the simulated water level elevation in 2059 to well construction and pump data (as available or estimated) and estimates whether a pump will need to be lowered or whether a well will need to be redrilled based on that single estimate of water level elevation. •Analysis does not include age of wells, depreciation of wells and pumps, or standard maintenance and pump replacements. •Analysis is preliminary and limited. Page 100 of 154 15 AGS Estimate of the Number of BVGCD Permitted or Registered Simsboro Wells that will need to be Redrilled or have the Pump Lowered Based on All Pumping and Simulated 2059 Water Levels 50k 75k 100k 612 BVGCD Permitted and Registered Simsboro Wells Reviewed Page 101 of 154 16 AGS Estimate of the Locations of BVGCD Permitted or Registered Simsboro Wells that will need to be Redrilled or have the Pump Lowered B ased on All Pumping 100K75K50K 50K - UWBVF wells under existing transport permit (BVTP-001) 75K - UWBVF wells under existing transport permit (BVTP-001) and the permitted wells in the transport permit applications 100K - UWBVF wells under existing transport permit (BVTP-001) and the permitted wells in the transport permit applications Page 102 of 154 Support Slides 17Page 103 of 154 •Liner - redrill if 2059 water level elevation is below liner elevation - required head above pump estimate. •Screen - 2059 water level below middle of screened interval. •Only Total Depth - 2059 water level below total depth + required head above pump estimate. 18 Redrill criteria include: Pump lowering criteria include: •Water level is 50 feet below base case of 2028 water levels in S-19G3: • assume both pump lowering and pump and motor rebuild •Water level is 20-49 feet below base case of 2028 water levels in S-19G3: • assume additional column only •Water level is less than 20 feet below base case of 2028 water levels in S-19G3: • no pump lowering is required DRAFT •Approximately 27 BVGCD permitted and registered Simsboro wells are located outside of the GAM model grid and do not have a 2059 water level estimate. •There are potentially up to 33 wells included in the redrill category with anomalous data. •Wells may have a different well total depth, aquifer designation, and/or water level than what is used in the AGS estimate development. Analysis Limitations: Page 104 of 154 June 13, 2024 Item No. 7.8. ETJ Release Petition Sponsor: Anthony Armstrong, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Presentation, possible action, and discussion regarding an Extraterritorial Jurisdiction (ETJ) release petition for approximately 15.78 acres of land generally located at 11630 SH 30. Relationship to Strategic Goals: • Good Governance • Sustainable City Recommendation(s): The purpose of the extraterritorial jurisdiction (ETJ) of municipalities is to promote and protect the general health, safety, and welfare of people residing in and adjacent to the city. After review, staff has determined that the removal of these properties from the City's ETJ will have a negative effect on the general health, safety and welfare of people residing in and adjacent to the City. Mainly, the removal would cause negative impacts to the health, safety, and welfare in administering emergency services to these areas, as well as impacting the orderly subdivision and development of land. Staff recommends denial of the ETJ release petition. Summary: Texas Senate Bill 2038 (SB 2038), which is a new statute which conflicts with current statutory law, allows property owners in the extraterritorial jurisdiction (ETJ) to leave the City's ETJ through a petition or election. The ETJ is a set area outside the city limits (College Station's ETJ is 5 miles from the city limits) in which the city can exercise certain legal powers, such as regulating subdivisions. SB 2038 has since been codified under Chapter 42 Subchapter D of the Texas Local Government Code. SUBCHAPTER D. RELEASE OF AREA BY PETITION OF LANDOWNER OR RESIDENT FROM EXTRATERRITORIAL JURISDICTION Sec. 42.101. APPLICABILITY. This subchapter does not apply to an area located: (1) within five miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and (B) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is: (A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and Page 105 of 154 (B) in a county with a population of more than two million; (4) in an area designated as an industrial district under Section 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Section 43.0751. Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023. Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A resident of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction. (b) The owner or owners of the majority in value of an area consisting of one or more parcels of land in a municipality's extraterritorial jurisdiction may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction. Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023. Sec. 42.103. APPLICABILITY OF OTHER LAW. Chapter 277, Election Code, applies to a petition requesting removal under this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023. Sec. 42.104. PETITION REQUIREMENTS. (a) A petition requesting release under this subchapter must be signed by: (1) more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date; or (2) a majority in value of the holders of title of land in the area described by the petition, as indicated by the tax rolls of the applicable central appraisal district. (b) A person filing a petition under this subchapter must satisfy the signature requirement described by Subsection (a) not later than the 180th day after the date the first signature for the petition is obtained. (c) A signature collected under this section must be in writing. (d) The petition must include a map of the land to be released and describe the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023. Sec. 42.105. RESULTS OF PETITION. (a) A petition requesting removal under this subchapter shall be verified by the municipal secretary or other person responsible for verifying signatures. (b) The municipality shall notify the residents and landowners of the area described by the petition of the results of the petition. The municipality may satisfy this requirement by notifying the person who filed the petition under Section 42.102. (c) If a resident or landowner obtains the number of signatures on the petition required under Section 42.104 to release the area from the Page 106 of 154 municipality's extraterritorial jurisdiction, the municipality shall immediately release the area from the municipality's extraterritorial jurisdiction. (d) If a municipality fails to take action to release the area under Subsection (c) by the later of the 45th day after the date the municipality receives the petition or the next meeting of the municipality's governing body that occurs after the 30th day after the date the municipality receives the petition, the area is released by operation of law. (e) Notwithstanding any other law, an area released from a municipality's extraterritorial jurisdiction under this section may not be included in the extraterritorial jurisdiction or the corporate boundaries of a municipality, unless the owner or owners of the area subsequently request that the area be included in the municipality's extraterritorial jurisdiction or corporate boundaries. Added by Acts 2023, 88th Leg., R.S., Ch. 106 (S.B. 2038), Sec. 1, eff. September 1, 2023. In addition to the above statute, 42.023 of the Texas Local Government Code requires the governing body of the municipality to give its written consent by ordinance or resolution if it desires to reduce its ETJ area: Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except: (1) in cases of judicial apportionment of overlapping extraterritorial jurisdictions under Section 42.901; (2) in accordance with an agreement under Section 42.022(d); or (3) as necessary to comply with Section 42.0235. Under this item, the owners of three separate properties have petitioned the City to release them from the City's ETJ. Budget & Financial Summary: Attachments: 1. ETJ Denial Resolution- Copus 6-13-24 w. Exhibit Page 107 of 154 RESOLUTION NO.___________________ A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING DANA KARIN ROSBERG COPUS’ PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COLLEGE STATION AND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 20, 2024, Dana Karin Rosberg Copus (“Petitioner”) submitted a petition attached as Exhibit “A” (“Petition”) for releasing property from the City of College Station’s extraterritorial jurisdiction (“ETJ”); and WHEREAS, the property sought to be released is located at 11630 SH 30, College Station, Texas and described by metes and bounds in Exhibit “A” (“Property”); and WHEREAS, pursuant to Texas Local Government Code Section 42.023, the City’s ETJ may only be reduced if the City Council has exercised its legislative authority consenting to reducing the City’s ETJ by ordinance or resolution; and WHEREAS, pursuant to Texas Constitution, Article II, Section 1, landowners may not be delegated legislative authority to remove their property from the City’s ETJ without the City Council’s consent by ordinance or resolution; and WHEREAS, Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) is an unconstitutional delegation of the City’s legislative authority and conflicts with the City’s grant of legislative discretion under Local Government Code Section 42.023; and WHEREAS, it is in the best interest of the City to deny the Petition and the removal of the Property from the City’s ETJ, and to any reduction in size of the City’s ETJ; and deny any action under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038); now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The above recitals are adopted as findings of the City Council. PART 2: The Petition for Release of the Property in Exhibit “A” from the City’s ETJ is denied and the Property remains in the City’s ETJ. PART 3: The City denies any written consent by ordinance or resolution or action under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) to remove the Property from the City’s ETJ and any reduction in size of the City’s ETJ. Page 108 of 154 Resolution No. Page 2 of 3 PART 4: That this resolution shall become effective immediately after passage and approval. ADOPTED this 13th day of June 2024. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 109 of 154 Resolution No. Page 3 of 3 EXHIBIT A Approximately 15.78 acres of land being Tract 34, in the Maria Kegans Survey, A-28 in Brazos County, Texas. Page 110 of 154 Page 111 of 154 Page 112 of 154 Page 113 of 154 Page 114 of 154 Page 115 of 154 Page 116 of 154 Page 117 of 154 Page 118 of 154 Page 119 of 154 Page 120 of 154 Page 121 of 154 Page 122 of 154 June 13, 2024 Item No. 8.1. Sponsor: Anthony Armstrong, Director of Planning and Development Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding impact fee waivers. Relationship to Strategic Goals: Recommendation(s): Summary: Budget & Financial Summary: Attachments: None Page 123 of 154 June 13, 2024 Item No. 8.2. CIP Update Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a Capital Projects Update. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): n/a Summary: Capital projects update and presentation. Budget & Financial Summary: n/a Attachments: None Page 124 of 154 June 13, 2024 Item No. 9.1. Standard of Care Ordinance Sponsor: Kelsey Heiden Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance adopting the standards of care for the City’s Parks and Recreation Department’s elementary age (5-13) Youth Recreational Program in compliance with the exemptions for childcare licensing according to Texas Human Resources Code Section 42.041(b)(14). Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends Council adopt the proposed Standards of Care Ordinance. Summary: The Texas Human Resource Code, Section 42.041(b)(4), establishes requirements to exempt recreational day camp programs operated by municipalities for elementary age (5-13) children from State childcare licensing. Services provided by the College Station Parks and Recreation Department are recreational in nature, are not child-care facilities and meet all exemptions to this legislation. To receive exempt status from requirements of the Texas Human Resources Code, a municipality must annually submit a copy of the Standards of Care, a notice of a public hearing and a copy of the ordinance adopting the standards. The Standards of Care provide minimum guidelines and include: · Staff ratios · Minimum staff qualifications · Minimum facility, health, and safety standards · Mechanisms for monitoring and enforcing the adopted local standards · Notice to parents that the day camp program is not licensed by the state The ordinance is presented to City Council for consideration each year. Budget & Financial Summary: N/A Attachments: 1. 2024 - Standards Of Care Ordinance Page 125 of 154 ORDINANCE NO. __________ AN ORDINANCE ADOPTING LOCAL STANDARDS OF CARE FOR THE CITY OF COLLEGE STATION PARKS AND RECREATION DEPARTMENT'S ELEMENTARY AGE (5 TO 15) YOUTH RECREATION PROGRAMS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the Ordinance in Exhibit “A” is attached hereto and is 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. PASSED, ADOPTED and APPROVED this 13th day of June, 2024. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 126 of 154 Ordinance No._____ Page 2 of 6 EXHIBIT A LOCAL STANDARDS OF CARE ORDINANCE PART 1. AUTHORITY. The Council adopts these local standards of care for the Parks and Recreation Department children's recreational programs under Texas Human Resources Code Section 42.041(b)(14) (Required License and Accreditation) and its home rule authority. PART 2. DEFINITIONS. In this ordinance: (A)RECREATION ASSISTANT means a person responsible for the direct care or administration, clerical support, food preparation, or Facility maintenance. (B)DEPARTMENT means the Parks and Recreation Department. (C)DIRECTOR means the director of the Parks and Recreation Department. (D)DESIGNEE means a person appointed by the Director to act on the Director's behalf. (E)FACILITY means a building or improvement operated or used by the Department in conducting a Recreational Program. (F)PARTICIPANT means a child age five to 13 years old who is enrolled in a Recreational Program and is under the supervision of Department staff. (G)RECREATIONAL PROGRAM OR PROGRAM means a fee-based children's program or activity offered and supervised by the Department that requires a Participant to enroll or register to participate. (H)STAFF means a person who is employed by the Department to work in a Recreational Program. (I)VOLUNTEER means a person assisting without remuneration in the care or supervision of Participants. Page 127 of 154 Ordinance No._____ Page 3 of 6 PART 3. PROGRAM ADMINISTRATION. (A)The Department shall operate Recreational Programs in compliance with this Ordinance and the Department's rules adopted under this Ordinance. (B)The Director, or Designee, shall administer the programs. PART 4. PROGRAM RULES; MONITORING. (A)The Director shall adopt rules relating to the operation of the programs. A rule adopted under this Ordinance may be more restrictive than the minimum standards adopted by this Ordinance. (B)The Director shall monitor the programs to ensure compliance with the standards adopted in this Ordinance and the rules. PART 5. REQUIRED SUPERVISION FOR NON-AQUATIC RECREATIONAL PROGRAMS. (A)Except as provided in Subsection (B), the Department shall provide Recreation Assistants during a Recreational Program at a minimum as follows: (1)one Recreation Assistant for each 12 Participants between the ages of five and nine years old; and (2)One Recreation Assistant for each 15 Participants between the ages of ten and 13 years old. (B)The Department shall provide activity leaders during a Recreational Program designed for Participants with a disability at a minimum as follows: (1)one Recreation Assistant for each four Participants between the ages of five and 12; and (2)One Recreation Assistant for each eight Participants between the ages of 12 and 13 years old. PART 7. REQUIREMENTS FOR ACTIVITY LEADERS. (A)The Department shall provide a minimum of one Recreation Assistant for each class or group enrolled in a Recreational Program. (B)A Recreation Assistant must be at least 16 years old. (C)A Recreation Assistant must retain the following certification from a nationally recognized organization approved by the Director: Page 128 of 154 Ordinance No._____ Page 4 of 6 (1)cardiopulmonary resuscitation for adults, children and infants; (2)use of an automated external defibrillator; and (3)first aid. PART 8. STAFF AND VOLUNTEER TRAINING REQUIREMENTS. (A)The Director shall establish training requirements for all Staff and Volunteers who provide direct care or supervision to Participants. (B)At least one Staff member at each Facility must have current training in first aid, automated external defibrillator, and cardiopulmonary resuscitation for adults, children and infants from a nationally recognized program that has been approved by the Director. PART 9. PERSONNEL RESTRICTION. (A)A person may not be employed or serve as a Volunteer in a Recreational Program if: (1)the person would be barred from being present at a child care operation while children are in care under the Texas Administrative Code, Title 26, Part 1, Chapter 745 (Licensing); or (2)The Director determines that, based on the criminal history and other relevant and credible information, the person poses a risk to the safety or health of Participants. (B)The Director may obtain a criminal history record of any employee or Volunteer working or applying to work in a Recreational Program. PART 10. FACILITY OPERATION; PHYSICAL ENVIRONMENT. (A)The Department may not operate a Recreational Program at a Facility unless the Facility meets the following requirements: (1)The Facility and equipment used in the Program do not present fire, health, or safety hazards and are kept free of refuse and debris; (2)The Facility is inspected annually for safety by the Department; (3)The Facility is kept free of insects, rodents, and stray animals; (4)The Facility has clearly marked emergency exits; (5)The Facility has a disaster and evacuation procedure posted in a visible location; Page 129 of 154 Ordinance No._____ Page 5 of 6 (6)The Facility is used and maintained in accordance with the fire prevention requirements of Chapter 16 of the Code of Ordinances (Fire Prevention and Protection) and the fire chief’s directives, including not fewer than four fire drills each year; (7)First aid and infection control kit are kept at the Facility, including sufficient additional kits to be taken to other locations at which Participants engage in a Program activity; (8)First aid guidelines are on file and visibly posted at the Facility, including: (a) cardio pulmonary resuscitation and rescue breathing sequence guidelines; (b) first aid review; and (c) emergency action plans; and (9)The Facility has a sufficient number of restrooms that are equipped for independent use by children and that are designed to permit Staff supervision if necessary. (B)The Department shall maintain a campground or primitive Facility used for a Recreation Program in compliance with the requirements of Subsection (A) to the extent possible. (C)The Department shall maintain equipment used in the programs in good condition. Department Staff shall remove a defective tool, machinery, appliance, or other equipment and report the defective item to a supervisor. Unauthorized Staff may not repair defective equipment. PART 11. PHYSICAL HEALTH STANDARDS. (A)A Staff member shall supervise a Participant who is ill or injured until a parent or other authorized adult removes the Participant from the Facility. (B)Staff shall keep a Participant whose illness or medical condition would compromise the health or safety of the others separate from the others until the child is removed from the Facility. (C)Staff shall call a Participant's parent or guardian if Participant has an oral temperature of 100.4 degrees Fahrenheit or greater, accompanied by behavior changes or other signs or symptoms of illness. (D)Staff may not admit or readmit a Participant whose illness or medical condition prevents the Participant from comfortably participating in program activities or places other Participants at risk to the Facility for the duration of the illness or condition. (E)In the case of an acute illness or injury to a Participant, Staff shall call for an emergency vehicle to transport the Participant to an authorized medical facility. Page 130 of 154 Ordinance No._____ Page 6 of 6 PART 12. MEDICATION STANDARDS. (A)A Staff member may not administer medication to a Participant without a parental medication authorization. Staff may not administer medication that is not in its original container or past the expiration date on the container. (B)A Staff member may not administer an injection or an amount of medication that is inconsistent with the prescribed dosage. A Staff member may administer an epinephrine auto-injector device if the Staff member has completed training approved by the Department. (C)A Staff member may not accept more than a daily supply of medication for a Participant and the member shall return the unused medication to the parent on at the end of the day. (D)Staff must keep medication in a locked and secured location that is not accessible by Participants. (E)A Staff member shall maintain a medication log that includes the name of the child to whom the medication is administered, the time the medication is dispensed, and the name of the person dispensing the medication. PART 13. DISTRIBUTION OF STANDARDS. (A)The Department shall post and make available copies of the standards adopted in this Ordinance or by rules adopted under this Ordinance. (B)The Department shall inform parents or guardians of each Participant that the Recreational Programs are not licensed by the state. The programs may not be advertised as child-care facilities. PART 14. ENFORCEMENT. The Director or Designee shall monitor and enforce this Ordinance and the standards herein required by law. Page 131 of 154 June 13, 2024 Item No. 9.2. Williams Creek Drive - Public Utility Easement Abandonment Sponsor: Lucas Harper Reviewed By CBC: N/A Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 1,788 square foot portion of a 20-foot-wide public utility easement located over, across and upon Lot 35, Block 4 of the Williams Creek Lake Estates Subdivision Phase 4, College Station, Brazos County, Texas according to the final plat recorded in Volume 17508, Page 181 of the Official Public Records of Brazos County, Texas. Relationship to Strategic Goals: • Core Services and Infrastructure • Diverse Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The public utility easement abandonment is being requested by the applicant as a result of a desire to construct a retaining wall in close proximity to the lot line. The proposed site layout necessitates the wall to transition between elevations of the adjacent lots. The portion of the originally dedicated easement was not utilized by utilities and a 10-feet wide portion connecting the front and rear easements will remain in place if needed for future utility installation. The public utility easement is located approximately 160 feet northwest of the intersection of Joe Will Drive with Williams Creek Drive, extending down the shared lot line of Lots 35 and 36, Block 4 of Williams Creek Lake Estates Subdivision Phase 4, also known as 4404 and 4402 Williams Creek Drive. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Ordinance Exhibit A 3. Vicinity Map 4. Location map 5. Application Page 132 of 154 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 1,788 SQUARE FOOT PORTION OF A 20-FOOT WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING OVER, ACROSS AND UPON LOT 35, BLOCK 4, OF WILLIAMS CREEK LAKE ESTATES SUBDIVISION PHASE 4, ACCORDING TO THE PLAT RECORDED IN VOLUME 17508, PAGE 181 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 1,788 square foot portion of a 20-foot wide public utility easement, said portion lying over, across and upon Lot 35, Block 4, of Williams Creek Lake Estates Subdivision Phase 4, according to the plat recorded in Volume 17508, Page 181, of the Official Public 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. Ordinance Form 8-14-17 Page 133 of 154 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Ordinance Form 8-14-17 Page 134 of 154 Exhibit APage 135 of 154 Page 136 of 154 Page 137 of 154 Page 138 of 154 Page 139 of 154 Page 140 of 154 Page 141 of 154 Page 142 of 154 Page 143 of 154 Page 144 of 154 Page 145 of 154 Page 146 of 154 Page 147 of 154 Page 148 of 154 Page 149 of 154 X Public Works Director City of College Station Application for Abandonment of a Public Right-of-Way / Easement Location: 4404 Williams Creek Dr College Station TX 77845 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 recent 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 Page 150 of 154 Page 151 of 154 June 13, 2024 Item No. 9.3. LCWWTP Change Order #10 Project Closeout Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on Deductive Change Order No. 10 for a credit in the amount of $802,227 for the Lick Creek WWTP Capacity Expansion construction contract with CSA Construction, Inc. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This deductive change order is a credit that reconciles the final quantities of the contract and credits to the City for additional engineering costs incurred on the project. This will close out the construction contract. Budget & Financial Summary: A budget of $39,908,000 is included in the Wastewater Capital Improvements Projects Fund. A total of $39,423,766 has been expended to date. The proposed deductive change order will reduce the committed amount by $802,227. Attachments: 1. LCWWTP Change Order 10 Signed Page 152 of 154 CHANGE ORDER NO. 10 Contract No.19300348 P.O.#: 19202649 PROJECT: Lick Creek Wastewater Treatment Plant Capacity Expansion RFP 19-001 OWNER:CONTRACTOR: City of College Station CSA Construction, Inc. P.O. Box 9960 2314 McAllister Road Ph: 713-686-8868 College Station, Texas 77842 Houston, TX 77092 Fax: 713-686-8889 PURPOSE OF THIS CHANGE ORDER: ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 2050 Additional Structural Backfill 30.00$ 10000 0 (300,000.00)$ 2040 Additional Structural Excavation 110,000.00$ 0.02 0 (2,498.00)$ 2060 Additional Flowable fill 125.00$ 200 0 (25,000.00)$ 2010 Additional Sidewalk 70.00$ 600 292 (21,560.00)$ 2030 Additional Flexbase 70.00$ 300 168 (9,240.00)$ 2070 Addtitional Sludge Removal 250.00$ 400 96 (76,000.00)$ Actual Damages - Engineering Costs 367,929.00$ 1 0 (367,929.00)$ -$ -$ TOTAL (802,227.00)$ ALL ITEMS (WW1945495 / SPWOC - 6591)(802,227.00)$ TOTAL CHANGE ORDER (802,227.00)$ ORIGINAL CONTRACT AMOUNT $34,037,500.00 CHANGE ORDER NO. 1 $29,189.00 0.09% CHANGE ORDER NO. 2 $26,106.00 0.08% CHANGE ORDER NO. 3 $132,489.00 0.39% CHANGE ORDER NO. 4 $50,789.00 0.15% CHANGE ORDER NO. 5 $35,822.00 0.11% CHANGE ORDER NO. 6 $33,803.00 0.10% CHANGE ORDER NO. 7 $7,803.00 0.02% CHANGE ORDER NO. 8 $119,873.00 0.35% CHANGE ORDER NO. 9 $0.00 0.00% CHANGE ORDER NO. 10 -$802,227.00 -2.36% REVISED CONTRACT AMOUNT $33,671,147.00 -1.08%TOTAL CHANGE ORIGINAL CONTRACT TIME 900 Days TIME EXTENSION NO. 1 0 Days TIME EXTENSION NO. 2 3 Days TIME EXTENSION NO. 3 0 Days TIME EXTENSION NO. 4 75 Days TIME EXTENSION NO. 5 85 Days TIME EXTENSION NO. 6 104 Days TIME EXTENSION NO. 7 96 Days TIME EXTENSION NO. 8 99 Days REVISED CONTRACT TIME 1362 Days SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date CHIEF FINANCIAL OFFICER Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ DEPARTMENT DIRECTOR Date CITY MANAGER Date December 30, 2022 This change order closes out the construction contract with CSA. It reconciles final quantities for unused and partially used line items. It also offsets additonal engineering costs paid to Freese and Nichols in design change orders 4 and 6, listed as actual damages below. THE NET AFFECT OF THIS CHANGE ORDER IS A -1.1% DECREASE. September 24, 2021 5/8/2024 5/13/2024 5/13/2024 5/13/2024 5/13/2024 Page 153 of 154 June 13, 2024 Item No. 12.1. 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: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bond Citizens Advisory Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 154 of 154