HomeMy WebLinkAbout09/13/2010 - Joint Minutes City CouncilMINUTES OF THE JOINT MEETING WITH
BVSWMA, INC. BOARD OF DIRECTORS, CITY OF BRYAN CITY COUNCIL AND
CITY OF COLLEGE STATION CITY COUNCIL
SEPTEMBER 13, 2010
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy -Marie Lyles
Dave Ruesink
City Staff:
Glenn Brown, City Manager
David Neeley, Assistant City Manager
Sherry Mashburn, City Clerk
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Joint Meeting with BVSWMA, Inc. Board of Directors, City of
Bryan City Council, and the College Station City Council was called to order by Mayor Nancy
Berry at 4:35 p.m. on Monday, September 13, 2010 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2. Presentation, possible action, and discussion of a Borrowed Employee Agreement
between the City of College Station and the Brazos Valley Solid Waste Management
Agency Inc.
MOTION: Upon a motion made and seconded, with Councilmember Maloney abstaining, the
City Council voted five (5) for and none (0) opposed, with Councilmember Maloney abstaining,
to approve a Borrowed Employee Agreement between the City of College Station and the Brazos
Valley Solid Waste Management Agency Inc. The motion carried.
3. Presentation, possible action, and discussion regarding the Asset Transfer and Debt
Reimbursement Agreement between BVSWMA Inc., the City of College Station and the
City of Bryan.
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MOTION: Upon a motion made and seconded, the BVSWMA Board of Directors, voted seven
(7) for and none (0) opposed, to approve the Asset Transfer and Debt Reimbursement Agreement
between BVSWMA Inc., the City of College Station and the City of Bryan. The motion carried
unanimously.
MOTION: Upon a motion made and seconded, the Bryan City Council voted seven (7) for and
none (0) opposed, to approve the Asset Transfer and Debt Reimbursement Agreement between
BVSWMA Inc., the City of College Station and the City of Bryan. The motion carried
unanimously.
MOTION: Upon a motion made and seconded, the College Station City Council voted five (5)
for and none (0) opposed, with Councilmember Maloney abstaining, to approve the Asset
Transfer and Debt Reimbursement Agreement between BVSWMA Inc., the City of College
Station and the City of Bryan. The motion carried.
4. Presentation, possible action, and discussion of an Agreement between the City of
College Station, the City of Bryan and the Brazos Valley Solid Waste Management Agency
Inc. regarding the Assignment and Assumption of Contracts and Payables.
MOTION: Upon a motion made and seconded, the BVSWMA Board of Directors, voted seven
(7) for and none (0) opposed, to approve an Agreement between the City of College Station, the
City of Bryan and the Brazos Valley Solid Waste Management Agency Inc. regarding the
Assignment and Assumption of Contracts and Payables. The motion carried unanimously.
MOTION: Upon a motion made and seconded, the Bryan City Council voted seven (7) for and
none (0) opposed, to approve an Agreement between the City of College Station, the City of
Bryan and the Brazos Valley Solid Waste Management Agency Inc. regarding the Assignment
and Assumption of Contracts and Payables. The motion carried unanimously.
MOTION: Upon a motion made and seconded, the City Council voted five (5) for and none (0)
opposed, with Councilmember Maloney abstaining, to approve an Agreement between the City
of College Station, the City of Bryan and the Brazos Valley Solid Waste Management Agency
Inc. regarding the Assignment and Assumption of Contracts and Payables. The motion carried.
5. Presentation, possible action, and discussion regarding a Final Settlement Agreement
and Release related to the final settlement and dismissal of the certain lawsuit referred to
as City of Bryan, Texas v. City of College Station, Texas, Cause No. 08- 001626 -CV -272 in
the 272nd District Court of Brazos County, Texas, ( "the Lawsuit "); consider the Agreed
Motion to Dismiss; and, consider the Agreed Order of Dismissal.
MOTION: Upon a motion made and seconded, the Bryan City Council voted seven (7) for and
none (0) opposed, to approve a Final Settlement Agreement and Release related to the final
settlement and dismissal of the certain lawsuit referred to as City of Bryan, Texas v. City of
College Station, Texas, Cause No. 08- 001626 -CV -272 in the 272nd District Court of Brazos
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County, Texas, ( "the Lawsuit "); consider the Agreed Motion to Dismiss; and, consider the
Agreed Order of Dismissal. The motion carried unanimously.
MOTION: Upon a motion made and seconded, the City Council voted five (5) for and none (0)
opposed, with Councilmember Maloney abstaining, to approve the final settlement and dismissal
of the certain lawsuit referred to as City of Bryan, Texas v. City of College Station, Texas, Cause
No. 08- 001626 -CV -272 in the 272nd District Court of Brazos County, Texas, ( "the Lawsuit ");
consider the Agreed Motion to Dismiss; and, consider the Agreed Order of Dismissal. The
motion carried.
Judge Zimmerman paid tribute to the Cities of Bryan and College Station and remarked that the
citizens of this area should be very proud of everyone's efforts in this regard. He noted these are
two very strong- minded cities that remained independent but came together on this remarkable
journey over a long time period that will serve this community very well, and he wished this
community really knew the difficulty of the endeavor that everybody participated in. The legal
counsel in each city was excellent and the efforts of all involved culminated in the marriage of
this incredible project. He thanked everyone for permitting him to take part in this remarkable
Journey.
6. Adjournment
MOTION: There being no objection, Mayor Berry adjourned the Joint Meeting with
BVSWMA, Inc. Board of Directors, City of Bryan City Council, and the College Station City
Council at 4:50 p.m. on Monday, September 13, 2010. The motion carried unanimously.
Nancy Berr , Mayor
ATTEST:
Sherry Mas rn, City Secretary
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