210923 -- City Council -- Agenda Questions
Council Questions and Staff Responses for Items
on the September 23, 2021, City Council Meeting
Item 7.11 – Presentation, discussion, and possible action on a funding agreement between
the City of College Station and the College Station Noon Lions Club for FY22 in the amount of
$16,500.
Sponsor: Mary Ellen Leonard
Question: Is there anything in the contract that obligates Lions Club to spend the money on the
4th of July celebration specifically?
Response: The funding agreement states the Agency shall provide a local community
celebration. In the event that the Agreement is terminated, the Agency agrees to refund any
and all unused funds, or funds determined by City to have been used improperly.
Question: Is there a scope of work?
Response: A proposed budget for FY22 activity is provided in Exhibit A. A Summary of the 2020
Activity during COVID is included as Exhibit B.
Item 7.16 – Presentation, discussion, and possible action regarding the approval of a contract
with Jaco Roofing & Construction, Inc. for the roof replacement at 2611 Texas Ave. in the
amount of $117,970.
Sponsor: Pete Caler
Question: Which building is having the roof replaced. Is it the ILT High School building or one of
the public works maintenance buildings?
Response: This agenda item is for the replacement of the entire roof at the old Police
Department building, currently being leased to the International Leadership of Texas Aggieland
High School. The lease was approved by Council May 28, 2020, with an initial lease term of
August 1, 2020, through September 30, 2023, with an option of two additional one-year
renewals. The total value of the lease agreement is $1,015,579.06.
Item 7.17 – Presentation, discussion, and possible action on the first reading of a ten (10) year
franchise agreement with the City of Bryan for retail sale of electricity within the City of
College Station as certificated to Bryan by the Public Utility Commission of Texas.
Sponsor: Brian Piscacek
Question: What is the basis for the 5% number? Is this a legacy number or based on a
comparable set of some kind?
Response: The first iteration of this agreement included a five percent (5%) franchise fee, and it
remains unchanged in this most recent version. Electric, Legal, and CMO staff have been
working with City of Bryan and BTU staff over the last year to renew this agreement.
Except for state franchises, such as the cable tv and telecom franchises, local franchises granted
by the City are governed under the City’s home rule authority and City Charter unless otherwise
preempted by state law. The City’s Charter in Section 106 provides, among other things, that
City Council shall have the right to impose certain conditions on franchises, including, but not
limited to, the ability “[t]o require such compensation and rental as may be permitted by the
laws of the State of Texas.”
The Charter does not specify a certain percentage that must be charged, and apart from certain
state franchises, neither does state statute. The City has historically charged a 5% franchise fee
for most City-granted franchises, including franchises with Atmos, various waste/medical
waste/roll-off container haulers, and BTU. Council may take action to adjust up or down the
franchise fee in granting future franchises.