HomeMy WebLinkAbout06/11/2009 - Regular Agenda Packet - City CouncilMayor
Ben white
Mayor ProTem
Lynn McIlhaney
City Manager
Glenn Brown
Councilmembers
John Crompton
James Massey
Dennis Maloney
Lawrence Stewart
David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, June 11,2009 3:00 p.m. .
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
1. Call meeting to order.
2. Hear Visitors.
3. Presentation, introduction and thanks to the Council for supporting the largest Police Recruit Class ever
for the College Station Police Department.
4. Presentation, possible action, and discussion regarding progress and activities related to Green College
Station policy and strategies and an update on the City's efforts for the Energy Efficiency and
Conservation Block Grant.
5. Presentation, possible action, and discussion concerning the City Internal Auditor's Fuel Operations Audit
Report.
6. Presentation, possible action, and discussion regarding non-annexation development agreements and an
update on future annexation plans.
7. Presentation, possible action, and discussion on items listed on the consent agenda.
8. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote
of the Council.
a. Presentation, possible action, and discussion of minutes for Council meetings of May 18, 2009,
May 19,2009 and May 28,2009.
b. Presentation, possible action, and discussion regarding Change Order No. 2 to the construction
contract (Contract #09-032) for the Barron Road Capacity Improvements Phase I with Brazos
Valley Services in the amount of $64,470.00.
On Behalfofthe Citizens of College Station, Home of Texas A&M University, We will contin~le to P~.omote and Advance the
Community's Quality of Life
Page (2
City Council Regular Meeting
Thursday, June 1 1,2009
c. Presentation, possible action, and discussion on a Professional Services Contract with Bleyl &
Associates, in the amount of $179,037.50, for the design of the College Station Skate Park Project
and approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt.
d. Presentation, possible action and discussion regarding the approval of a resolution approving the
articles and by-laws of the South Central High Speed Rail and Transportation Authority.
e. Presentation, possible action, and discussion authorizing the renewal agreements for the purchase
of T-shirts, caps and polos by all City Departments with C C Creations and Monograms and More
for an annual estimated expenditure of $80,000. The renewal period is June 1, 2009 thru May 31,
201 0.
f. Presentation, possible action, and discussion on a resolution approving Notices of Sale,
Preliminary Official Statements and related materials for the sale of "City of College Station,
Texas General Obligation Improvement Bonds, Series 2009" and "City of College Station, Texas
Certificates of Obligation, Series 2009" including selection of a date for opening bids.
g. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval
of a construction contract (Contract Number #09-182) with South Construction, Inc. in the amount
of $126,900.00, for construction improvements in Southern Oaks Park, PK 0905.
h. Presentation, possible action, and discussion regarding a participation agreement by ordinance
with Greens Prairie Investors, L.L.C., for construction of Castle Rock Park.
i. Presentation, possible action, and discussion to approve the renewal of a consulting contract with
First Southwest Company in an amount not to exceed $250,000 for financial advisory services.
9. Council Calendar
June 12 Summerfest at Adamson Lagoon, 5:30 p.m.
June 13 2009 Starlight Music Series at Wolf Pen Creek Amphitheater. 6:00 p.m.
June 14 Grand Slam Tennis Tournament Dinner at The Zone - Kyle Field, 7:00 p.m.
June 16 Council Transportation Committee Meeting at Admin Conf Room, 4:30 p.m.
June 17 Exploring History Lunch Lecture Series at CS Conference Center, 1 1 :30 p.m.
June 19 WTAW Radio Interview Spot @ 8:30 p.m.
June 22 Citizen Fire Academy Graduation in Council Chambers, 6:30 p.m.
June 24 Council Retreat, Meeting Training Facility - Assembly Room @ CSU, 8:30 p.m.
June 25 Council WorkshopIRegular Meeting 3:00 p.m. & 7:00 p.m.
10. Presentation, possible action, and discussion on future agenda items: A Council Member may inquire
about a subject for which notice has not been given. A statement of specific factual information or the
recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
11. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos
Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos
Valley Wide Area Communications Task Force, Cemetery Committee, Design Review Board, Historic
On Behalfof the Citizens of College Station, Home of Texas AM University, We will contin~~e to Promote and Advance the
Community's Quality ofLife
Page (3
City Council Regular Meeting
Thursday, June 1 1,2009
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief
Funding Review Committee, Library Committee, Metropolitan Planning Organization, National League
of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning
Commission, Sister City Association, TAMU Student Senate, Research Valley Partnership, Regional
Transportation Committee for Council of Governments, Texas Municipal League, Transportation
Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of
Adjustments, BVSWMA, Signature Event Task Force, (Notice of Agendas posted on City Hall bulletin
board).
12. Executive Session will immediately follow the regular meeting in the Administrative Conference Room.
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. Application with TCEQ for permits in WestsideIHighway 60 area, near Brushy Water Supply
Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the
Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid
Waste Management Agency contract, on proposed methane gas contract
1. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
j- Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn Mcllhaney, and
Ben White
k. Chavers et a1 v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et a1
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Legal aspects RVP contract, possible additions to add other parties
n. Clancey v. College Station, Glenn Brown, and Kathy Merrill
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. Possible Purchase or Exchange of Property near E. University and Tarrow
13. Final action on executive session, if necessary.
14. Adjourn.
On Behalf of the Citizens of College Stcrtion, Home of Texas AM University, We will contin~~e to Promote and Advance the
Comm~~nity 's Quality ofLife
Page 14
City Council Regular Meeting
Thursday, June 1 1,2009
If litigation issues arise to the posted subject matter of these Council Meetings an executive session will be
held.
APPROVED:
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will
be held on the 1 lt" day of June, 2009 at 3:00 pm in the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda
Posted this 8th day of June, 2009 at 2:00 pm
--
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of
said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's
website, www.cstx.~ov . The Agenda and Notice are readily accessible to the general public at all times.
Said Notice and Agenda were posted on June 8, 2009 at 2:00 pm and remained so posted continuously for at
least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official board at the College Station City Hall on the following date
and time: by
Dated this day of ,2009.
CITY OF COLLEGE STATION, TEXAS BY
Subscribed and sworn to before me on this the day of ,
Notary Public - Brazos County, Texas My commission expires:
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be
made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be
viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19.
On Behalf ofthe Citizens of College Station, Home of Texas AM University, We will contin~le to Asornote and Advance the
Comm~rnity 's Quality of Life
June 11, 2009
Regular Agenda Item No. 3
Introduction of Largest Recruit Class - CSPD
To : Glenn Brown, City Manager
From: Michael Ikner, Chief of Police
Agenda Caption: Presentation, possible action, discussion and introduction to the
Council the largest Police Recruit Class ever for the College Station Police Department.
Summary:
Chief Ikner wishes to introduce to the College Station City Council, 10 Police Recruits that
graduated from the Central Texas Police Academy on June 4, 2009. This is the largest
Recruit class ever for the College Station Police Department. We are thankful for the
Council's support as this will enhance our ability to accomplish our "Mission".
We, the members of the College Station Police Department, in partnership with our
community will strive to reduce crime, the fear of crime and improve the quality of life by
upholding laws, protecting lives and property, and providing a safe and secure environment.
This group exemplifies our commitment to provide a high quality diverse workforce to serve
the citizens of our fine community.
Budget & Financial Summary:
lV/A
Attachments:
N/A
June 11, 2009
Regular Agenda Item No. 4
Update of Green College Station
and Energy Efficiency and Conservation Block Grant
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding progress and
activities related to Green College Station policy and strategies and an update on the City's
efforts for the Energy Efficiency and Conservation Block Grant.
Recommendation: Provide feedback and direction to City Manager regarding the proposed
projects to be included in the City's application for the Energy Efficiency and Conservation
Block Grant.
Summary: Council was presented with an update of Green College Station at their January
mini-retreat. Since then, a number of green initiatives have taken place within the City.
College Station has also been notified that it is eligible for a block grant administered by the
Department of Energy. Staff would like to update the Council on the process to identify
projects for this funding as well as outline some of the proposed projects.
Budget & Financial Summary: None
Attachments: N/A
June 11, 2009
Regular Agenda Item No. 5
Fuel Operations Audit Report
To: Mayor and Members of the City Council
From: Ty Elliott, City Internal Auditor
Agenda Caption: Presentation, possible action, and discussion concerning the City
Internal Auditor's Fuel Operations Audit Report.
Recommendation(s): Give staff direction to implement the recommendations contained
in the Fuel Operations Audit Report.
Summary:
Reason for the Audit: On October 23, 2008, the City Council approved the City Internal
Auditor's audit plan, which included an audit of fleet asset management. A preliminary
review of fleet management was conducted in February 2009. During this review,
discrepancies relating to accounting of fuel inventory were identified. As a result, the scope
of the fleet asset management audit was narrowed to focus on the city's fuel operations.
Backsround: Fuel operations are administered through the Fleet Services Division of the
Department of Public Works. To obtain fuel for city vehicles, authorized users must have a
fuel card. There are 563 fuel cards assigned to the various departments throughout the
city. From fiscal year 2005 to 2008, fuel costs have increased 135% and fuel usage has
increased 3%.
Scope and Methodolosv: For most audit tests, 2005 through 2008 fuel transactions were
examined. These transactions comprised over 100,000 transactions and 1.5 million gallons
of fuel. The audit methods included identifying and analyzing the amount of fuel purchased
and dispensed to city departments for fleet vehicles, and performing specific audit
procedures to answer the audit objectives.
Audit Obiectives: This audit addresses fleet fuel operations policies, procedures, processes
and practices, and answers the following questions: (1) is fuel properly safeguarded and
accounted for as to fuel purchased, received, dispensed, and in inventory, and (2) is the city
complying with applicable laws, contracts, and policies?
Audit Results: Based on the results of the audit, the city is complying with state and federal
laws; and fuel purchasing and receiving processes are acceptable. In addition, inventory
processes have been improved to better account for fuel and reduce the likelihood of future
large fuel inventory adjustments. However, dispensing controls need to be strengthened to
reduce the risk of theft, enhance fleet management, and better account for fuel.
Audit Recommendations: Fleet fuel operations need a few improvements encompassed in
the seven audit recommendations contained at the end of the audit report. Implementing
these recommendations will strengthen internal controls to prevent any inappropriate fuel
use and help better manage city vehicles and equipment.
Attachments: Fuel Operations Audit Report
Performance Audit of
The City's Fleet Fuel Operations
May 2009
City Internal Auditor's Office
City of College Station
Fuel Operations Audit
Table of Contents
Introduction ................................................................................................................. 1
................................................................................. Fuel Operations Background 1
Audit Objectives .................................................................................................. 5
Scope and Methodology ...................................................................................... 5
Findings and Analysis .................................................................................................... 6
Opportunities to Better Safeguard & Account for Fuel Exist ............................... 6
.................................................... Fuel Purchases are Effectively Administered 6
. . Fuel Receiving Processes have Improved ......................................................... 8
Former Fleet Practices Led to Miscounting Fuel Inventory .............................. 9
Fuel Dispensing Controls Should Be Strengthened .......................................... 12
Fuel Overhead Rates Should Be Examined ....................................................... 17
The City is Complying with State and Federal Laws ........................................... 17
....................................................................................................... Recommendations 19
IYanagement Response ................................................................................................ 21
Introduction
The City Internal Auditor conducted this performance audit of the
city's fleet fuel operations pursuant to Article I11 Section 30 of the
College Station City Charter, which outlines the City Internal Auditor's
primary duties.
A performance audit is an objective, systematic examination of
evidence to assess independently the performance of an organization,
program, activity, or function. The purpose of a performance audit is
to provide information to improve public accountability and facilitate
decision-making. Performance audits encompass a wide variety of
objectives, including those related to assessing program effectiveness
and results; economy and efficiency; internal control; compliance with
legal or other requirements; and objectives related to providing
prospective analyses, guidance, or summary information.
The results of a citywide risk assessment conducted in October 2007
identified asset management as a potential audit topic for the fiscal
year 2009 audit plan. On October 23, 2008, the City Council
approved the City Internal Auditor's audit plan, which included an
audit of fleet asset management.
A preliminary review of fleet management was conducted in February
2009. During the preliminary review, significant discrepancies relating
to accounting of fuel inventory were identified. For example, an
approximate $205,600 adjustment to fuel inventory was made in
fiscal year 2008. As a result, the scope of the fleet asset
management audit was narrowed to focus on the city's fleet fuel
operations.
Fuel Operations Background
For fleet operations, the majority of dollars spent on fuel was
purchased for vehicle use through the Fleet Services Division of the
Department of Public Works. Authorized city employees obtain fuel
for city equipment and vehicles at one of the two city fueling stations.
Fleet Services then charges the appropriate department for the fuel
dispensed.
Fuel Operations Audit
Figure 1 shows the amount the city budgeted and spent on fuel
during the last four complete fiscal years. In fiscal year 2009, the city
has budgeted approximately $1.4 million for the cost of fuel.
Figure 1
Budget to Actual Expenditures for Fuel in Fiscal Years 2004 - 2008
$1,200,000
$1,000,000
$800,000
?% Budget
$600,000
a Actual
$400,000
$200,000
$-
From fiscal year 2005 to fiscal year 2008 fuel costs have increased
135 percent. However, fuel usage during this same period has
increased by only three percent. Figure 2 below shows the gallons of
fuel dispensed during the last four fiscal years.
Figure 2
Gallons of Fuel Dispensed in Fiscal Years 2004 - 2008
Diesel
Unleaded
Fuel Operations Audit
The average cost per gallon of fuel in fiscal years 2005, 2006, and
2007 was $1.38, $1.87, and $1.79 respectively. In fiscal year 2008,
however, the average cost per gallon was $3.14.
In December 2004, the City of Bryan solicited bids for gasoline and
diesel fuel on behalf of several local agencies including the City of
College Station, City of Hearne, Brazos County, Bryan ISD, College
Station ISD and Texas A&M University. By contracting for a large
volume of fuel with all participating agencies, the City of College
Station was able to obtain better pricing with the selected vendor-
Brenco Marketing Corp. The joint request for proposal stipulated the
terms of the offer were for one year (the original term) with the
option for four renewal periods. Within this period, the city has
processed two amendments to its original fuel contract and exercised
its right to contract renewals; thereby allowing the city to continue to
procure fuel from Brenco through December 2009. The contract
terms allow for the fluctuation of fuel price through the calculation of
fuel cost as described below:
Documented wholesales product cost/gallonl
+ Per gallon markup2
+ Freight charge (pre-agreed upon rates)
+ Required Texas taxes per sallon
Price per gallon charged to the city
Fleet manages its fuel operations from the Public Works facility and
distributes fuel to vehicles and equipment through two fueling sites
located at the Public Works and the College Station Utilities facilities.
At these fueling sites, a total capacity of approximately 32,000 gallons
of fuel is stored in three 87 octane unleaded fuel tanks (20,000 gallon
capacity) and two diesel fuel tanks (12,000 gallon capacity). The fuel
contractor makes regular deliveries to these two fuel sites upon
request. Approximately 80 percent of the fuel dispensed in the last
four fiscal years occurred at the Public Work's fueling site.
The wholesale product cost/gallon is based on the OPIS unbraided rack average for Hearne, TX. The Oil Price
Information Service (OPIS) is a widely accepted fuel price benchmark for supply contracts and competitive
positioning. OPIS provides a weekly publication with fuel prices for each distribution location.
The markup for unleaded fuel transports less than 7000 gallons is $0.04/gallon and $0.0135/gallon for
transports greater 7000 gallons. The markup for diesel fuel transports less than 6000 gallons is $0.04/gallon
and $0.014/gallon for transports greater than 6000 gallons.
Fuel Operations Audit 3
In 1990, Fleet implemented the Phoenix fuel management system to
track fuel inventoried and dispensed for the city. Phoenix is not
integrated with the city's other information systems. Therefore, Fleet
personnel must periodically upload fuel transaction data from Phoenix
into the city's financial system in order for departments to be properly
charged for their fuel consumption.
An eight percent overhead rate is applied to the cost of fuel sold to
departments to cover the direct and indirect cost to manage fuel
operations. The markup rate of eight percent was initiated in 1990
and there has been no analysis conducted since then to determine
the appropriate rates for fuel overhead.
To obtain fuel for city vehicles, users must have a vehicle fuel card
and obtain authorization by inputting a valid user id and the vehicle's
mileage. Most city equipment is assigned a corresponding fuel card.
However, some smaller equipment such as chain saws, weed eaters,
and push mowers are primarily fueled through the use of
miscellaneous fuel cards. As of March 2009, there were 504 metered
vehicles or equipment and 59 miscellaneous cards assigned to the
various departments throughout the city. See Table 1 below for a
breakdown by department.
Table 1
Vehicles/Equipment & Misc Cards Assigned to Departments
I
' Police
Parks & Recreation
I Electric
Fire
Wastewater
BVSWMA
Water
Planning & Development
Information Technology
Fiscal Services
Economic Development
Capital Projects
Total
Misc Cards
&"+:
Total
~~m~~~s~j~:~.3;zzs~~..~~~~s~~~:~~~~ ., :iv3
10 133 /
76 5 81
60 19
59 4 63 I
40 14
48 3 51
33 1
26 2 z 28 1
13 0
12 0 12 j
11 1 12 1
2 0 2 i !
j
1 0 1
504 59 563 1 -. . 1
Source: The City's Financial System (HTE)
Fuel Operations Audit
... Audit Objectives
This audit addresses fleet fuel operations policies, procedures,
processes and practices. This report answers the following questions:
Is fuel properly safeguarded and accounted for as to fuel
purchased, received, dispensed, and in inventory?
Is the city complying with applicable laws, contracts, and policies?
Scope and Methodology
This audit was conducted in accordance with government auditing
standards, which are promulgated by the Comptroller General of the
United States. Audit fieldwork was conducted from February 2009
through April 2009. For most audit tests, fuel transactions between
January 1, 2005 and December 31, 2008 were examined. These
transactions comprised 101,997 transactions for 1,564,499 gallons of
fuel. For some tests, however, fiscal year 2008 or calendar year 2007
and 2008 data was analyzed. The audit methods included identifying
and analyzing the amount of fuel purchased and dispensed to city
departments for fleet vehicles, and performirlg specific audit
procedures to answer the audit objectives.
To provide assurances that fuel was properly safeguarded and
accounted for, I interviewed city staff and industry experts; reviewed
contracts and industry practices; observed fuel procurement, delivery,
inventory, and reconciliation processes; examined invoices; and
analyzed fuel transaction data and configuration settings in the city's
financial and fuel management systems. I also assessed the
adequacy of physical and system controls present at fueling stations.
To provide assurances that fuel operations complied with applicable
state and federal laws and city ordinances and policies, I interviewed
city staff. I reviewed the Texas Administrative Code, city ordinances
and policies, applicable contracts, and city supporting documentation
to determine compliance. In addition, I observed fuel leak testing
performed at selected fueling sites, interviewed the third-party vendor
that performed these tests, and reviewed the official results of the
tests performed.
Fuel Operations Audit
Findings and Analysis
Opportunities to Better Safeguard & Account for Fuel Exist
Current fuel purchasing and receiving processes are adequate.
However, physical and system controls related to inventorying and
dispensing fuel should be strengthened. Fleet has made several
improvements throughout the course of the audit to address some of
these audit findings.
Fuel Purchases are Effectively Administered
Fleet centrally purchases the majority of the city's fuel from Brenco
Marketing based on contract prices that were negotiated in December
2004. The unit cost of fuel charged to the city is a product of the
following two components: (1) the wholesale product cost per gallon
and (2) a per gallon markup rate determined by the gallons of fuel
delivered. Table 2 below describes the markup per gallon rate
charged to the city under the four possible transport delivery
scenarios.
Table 2
Fuel Rates Based on Transport Load
Unleaded Full Transport Truck Delivery
x.:%:am~:BU~,"~mdzi*~~,m
Minimum transport load
Markup per gallon
Unleaded Less than Full Transport Truck Delivery "..~;,.: ..,<?
Minimum transport load 1 250 gallons
i Markup per gallon k $0.!!4- __
Markup per gallon : $0.014
z-"- --- --me I I
Diesel Less
w>,T :,..*=x,-~-,- .... *,&,.S ~<,&.h*
Minimum tr 1 Markup per gallon 180.04 "- A I
Source: The City's Fuel Contract with Brenco Marketing
Fuel Operations Audit
The wholesale product cost per gallon is based on the OPIS unbraided ,
rack average for Hearne, TX. The Oil Price Information Service
(OPIS) is a widely accepted fuel price benchmark for supply contracts
and competitive positioning. OPIS provides a weekly publication with
fuel prices for each distribution location.
Fuel is purchased at competitive rates. The City of College
Station and several other public organizations within the region
cooperatively contract with Brenco Marketing to supply fuel. By
contracting for a large volume of fuel with participating agencies, the
City of College Station was able to obtain better markup pricing from
Brenco. In addition, the city is assured that the price of fuel is
purchased at competitive rates because the contract with Brenco
stipulates that the wholesale price per gallon for unleaded and diesel
is based on OPIS rates.
Fuel purchased at retail stations is insignificant. Although the
city has a full network of on-site fueling stations, there is some fuel
being purchased at retail stations at a premium cost. Most city
employees use the on-site fueling stations to fuel city equipment and
vehicles with dieselor 87 octane unleaded fuel. However, there are
seven Police Department motorcycles that require premium gasoline.
Because the city does not purchase and inventory premium gasoline,
these police officers fuel their motorcycles at retail stations and use a
city purchasing card to pay for the fuel. In fiscal year 2008, there
was no other significant use of purchasing cards to purchase fuel for
city vehicles or equipment at retail gas stations.
Fuel purchasing processes are acceptable. Fuel is purchased in
accordance with the city's purchasing policies and procedures, and
fuel deliveries are ordered by authorized Fleet personnel. In addition,
fuel purchasing and receiving processes are segregated within the
Fleet Services Division. When feasible, Fleet personnel order fuel in
larger quantities to obtain better markup pricing by receiving the full
transport truck delivery rate. In fiscal year 2008, there were 120
diesel and 81 unleaded fuel orders, and 11 percent of the diesel and
14 percent of the unleaded orders were made at the less than full
transport truck delivery rate. The city would have realized a cost
savings of $730 if these orders were made in bulk in order to receive
the transport truck delivery rate. However, sometimes it is necessary
to order fuel in smaller quantities, such as completely filling the city's
fuel tanks to prepare for potential natural disasters.
Fuel Operations Audit
Fuel Receiving Processes have Improved
During the course of the audit, improvements to the fuel receipt
process and documentation of this process have been made by Fleet
personnel. Figure 3 below describes the current fuel receipt process.
Figure 3
Flowchart of the Current Fuel Receiving Process
I Brenco Marketing Fleet Customer Service
Delivers fuel ordere Places an order for
within 1 - 2 days fuel with Brenco
Manual reads gallons
of fuel in tank, fills
tank, and then takes
another reading v
Obtalns before and
v after readings from
Records amount the city's automated
ordered & delivered, tank gauge system
and manual readings (Veeder Root)
manual reading with
Fleet personnel 4
present
Sends invoice to
Fleet office
T
Brenco Invoice
v
Verifies that the
Veeder Root
b readings correspond
to those recorded on
the delivery ticket
N 0
Readings
Reconcile
Yes
v
Records amount
delivered on
transaction log
v
Transaction Log
Fleet Buyer
Compares amount
recorded delivered b on transaction log
with amount invoiced
v
Verifies that the unit
cost charged on the
invoice is accurate
v
Accesses the city's
financial system to
receive fuel on the
purchase order
Verifies that the
gallons billed is the
amount received into
inventory
Makes a copy of
invoice for Fleet's
vendor file
v
Mails original
invoice to
Accounting for
payment
processing
Fuel Operations Audit 8
The current fuel receiving process is adequate. The fuel
receiving process described in Figure 3, on the previous page, has led
to better safeguarding and accounting of fuel purchased and in
inventory. However, one improvement could be made to the current
fuel receiving process. In addition to the current Fleet Buyer's fuel
receipt processing duties, the Fleet Buyer should also verify contract
pricing.
Fleet staff should verify contract pricing. Despite Fleet
personnel not verifying contract prices during the receiving process,
there were no instances during fiscal year 2008 where Brenco
overcharged the city for fuel purchases. However, there is a risk that
intentional or unintentional errors could be made in invoicing the
correct unit cost according to the city's contract with Brenco
Marketing. To mitigate this risk, Fleet personnel should verify that
the invoiced unit cost corresponds with the contract price documented
in the city's fuel agreement with Brenco.
Former Fleet Practices Led to Miscounting Fuel Inventory
An approximate $205,600 adjustment to fuel inventory was made in
fiscal year 2008. This adjustment was the result of the difference
between fiscal year 2008 book ending inventory (calculated by
Accounting) and actual ending inventory (providing to Accounting by
Fleet). Figure 4 below describes how fuel inventory is calculated.
Figure 4
Fuel Inventory Calculation
Beginning Fuel Inventory Book Ending Inventory
+ Fuel Purchased
- Fuel Dispensed
Book Ending Inventory
- Actual Endinq Inventory
Difference
Former Fleet practices led to this miscounting of fuel inventory.
However, many of these practices have recently been corrected.
Therefore, large adjustments to fuel inventory should be prevented in
the future.
Several thousand fuel system transactions are missing from
the city's financial system. The Phoenix fuel management system
is not directly interfaced with the city's financial system (HTE).
Fuel Operations Audit
Therefore, Fleet personnel must upload fuel transactional data from
Phoenix to H-TE in order for the amount of fuel dispensed to be
properly accounted for and charged to the appropriate departments.
However, many fuel transactions are not uploading into the HTE
system duriug the data import process.
All fuel transactions between January 1, 2005 and December 31, 2008
were examined. These transactions comprised 101,997 transactions
for 1,564,499 gallons of fuel. During this same period there were
8,934 transactions for 137,105 gallons of fuel recorded in the fuel
management system (Phoenix) that was missing from the city's
,financial system. The area chart below (see Figure 5) provides a
breakdown of these missing transactions per month.
Figure 5
2005 - 08 Fuel Transactions missing from the City's Financial System
The total amount of fuel transactions per month was fairly consistent.
Between January 1, 2005 and December 31, 2008, fuel transaction
per month averaged 2,125 and deviated by plus or minus 185. In
addition, months with the highest number of transactions did not
correspond to the months with highest number of missing
transactions shown in Figure 5 above.
Former fleet practices led to the missing fuel transactions.
The volatile picture shown in Figure 5 is the result of large number of
missing transactions during one period followed by a sharp decline in
Fuel Operations Audit
missing transactions in the next period. These results are partially
caused by a former fleet practice to import fuel transactions
infrequently. The highest volume of missing transactions occurred
during periods when transactions were not frequently imported from
Phoenix into HTE. As seen in Table 3 below, there were instances
where Fleet personnel would wait up to 28 days before they would
import fuel transactions from Phoenix into HTE. According to Fleet
staff, some of these instances shown in Table 3 were caused by
system equipment malfunctions, or leave or holiday time taken by
fleet personnel.
Table 3
IVumber of Days between Import Dates
(Period Reviewed Jan 1, 2005 to Dec 31, 2008)
Eleven to thirteen
Five to seven
Two to four
Instances
2% "">,-&A"*
5
5
8
24
67
116
220
Source: City's Fuel Management System (Phoenix)
Information system data cleanup is needed. When a new piece
of equipment or a vehicle is purchased, information relating to the
purchase needs to be entered twice-first in the HTE system and
second in the Phoenix system. If some of the essential data is not
entered correctly in both systems, problems in importing fuel
transactions will occur. I reviewed all calendar year 2007 and 2008
fuel transactions and found 23 instances where essential equipment
identifying data did not match. Fleet persor~nel should do a thorough
evaluation and cleanup of the data in both the fuel management
system and the equipment file in the city's financial system to ensure
that the data is accurate and corresponds to one another.
Automated fuel tank readings have been inaccurate. On
November 3, 2008, I observed Fleet personnel take manual readings
of the fuel tanks and compared the manual readings to those made
by the automated tank gauge system (Veeder Root). During my
observations, I found that the Veeder Root system produced
Fuel Operations Audit
inaccurate readings for one of the fuel tanks. Therefore, I reviewed
in-tank inventory reports and found that Veeder Root readings for this
fuel tank did not change for nearly the entire month of October 2008.
Improvements have been made to fuel inventory practices.
Recently, Fleet has improved the process by which they import fuel
transactions. Currently, Fleet personnel perform daily import of fuel
transactions and reconcile the Phoenix system fuel transactional data
to the data imported into HTE. If the data does not match, Fleet
personnel perform a second import to capture any missing
transactions. The malfunctioning automated tank gauge has been
repaired and processes have been implemented to prevent unnoticed
errors in the tank gauge from occurring in the future. For example,
Fleet personnel periodically manually read the amount dispensed from
individual fuel pumps and compare these readings to in-tank
inventory reports produced by Veeder Root. In addition, the current
fuel purchasing and receiving processes should prevent automated
tank gauge system errors from going unnoticed.
Fuel Dispensing Controls Should Be Strengthened
To obtain fuel for city vehicles or equipment, users must have a
vehicle fuel card and obtain authorization by inputting a valid user id
and the vehicle's mileage. Most city equipment is assigned a
corresponding fuel card. However, some smaller equipment such as
chain saws, weed eaters, and push mowers are primarily fueled
through the use of miscellaneous fuel cards. As of March 2009, there
were 504 metered vehicles or equipment and 59 miscellaneous cards
assigned to the various departments throughout the city. Based on
the results of several audit tests, opportunities exist to strengthen
controls over how fuel is dispensed in order to better safeguard and
account for fuel transactions.
Nearly half of authorized users should be removed from the
fuel management system. As of March 2, 2009, there were 1141
individuals authorized in the fuel management system to obtain fuel.
Over 200 of these individuals are former employees who should be
removed from the fuel management system. Several other
authorized fuel users should be removed because they use fuel cards
infrequently or not at all. For example, 45 percent of those
authorized to obtain fuel did not make a single fuel transaction
between January 1, 2008 and March 2, 2009.
Fuel Operations Audit
Several hundred fuel cards should be removed from the fuel
management system. As of March 2, 2009, there were 812 valid
fuel cards in the fuel management system, but only 545 of these
cards were used to obtain fuel from January 1, 2008 to March 2,
2009. To reduce the risk of fuel theft, non misc fuel cards that are
not assigned to current city equipment or vehicles should be removed
from the fuel management system. The number of miscellaneous fuel
cards should also be reduced.
Odometer reasonability and quantity restrictions should be
implemented. There are three main user restrictions available in
the fuel management system: odometer reasonability, pump, and
quantity restrictions. Fleet has enabled pump restrictions, which limit
a vehicles access to certain fuel types in order to prevent a user from
fueling a vehicle that requires diesel with gasoline or vice versa.
However, odometer reasonability and quantity restriction controls are
currently not setup in the fuel management system.
Approximately 25 percent of meter readings are inaccurate.
Odometer reasonability checks the difference between two user-
entered odometer readings, and determines if the difference is within
a range the city specified for that card. However, the fuel
management system's odometer reasonability control is deactivated
for all fuel cards. I reviewed all metered transactions from January 1,
2005 through December 31, 2008 and found that approximately 25
percent of the readings during this period were entered incorrectly.
Table 4 below summarizes the results of this review.
Table 4
Percentage of Inaccurate Meter Readings from 2005 - 2008
Year Bad Readings Total Fuel Trans Percentage
Total 32,515 131,638 25%
Source: City's Fuel Management System (Phoenix)
Odometer entries can be used to calculate miles per gallon or cost per
mile, which can be used by Fleet to track driver and vehicle efficiency.
In addition, odometer readings and efficiency data is used to schedule
Fuel Operations Audit
preventative maintenance and plan for vehicle or equipment
replacement. Unreliable odometer readings greatly impact the ability
of Fleet personnel to effectively manage the city's 504 metered
vehicles and equipment. Consequently, Fleet should implement the
fuel management system's odometer reasonability controls to prevent
high percentage of inaccurately entered meter readings.
There appears to be fuel dispensed exceeding vehicle tank
capacity. I reviewed fuel transactions between January 1, 2005 and
December 31, 2008 and found 5,809 transactions where the amount
fueled exceeded the vehicles tank capacity (as recorded in the
financial system's equipment inventory file). These fuel transactions
accounted for 30,450 gallons of fuel that exceeded fuel tank
capacities. On average, the amount of fuel dispensed that exceeded
vehicles tank capacity for these 5,809 fuel transactions was 5.24
gallons per transaction. Table 5 below describes the fuel dispensed
that exceeded vehicles tank capacity (during the period reviewed)
broken down by vehicle type.
Table 5
Fuel Dispensed Exceeding Vehicles Tank Capacity from 2005 - 2008
I
Vehicle Trans. Over Gallons Over Avg. Gal. Over
'"
i
i j
Patrols Cars
Total 5,809 30,450 5.24
Source: City's Fuel Management System (Phoenix) & HTE's Equipment Inventory File
The fuel management system's quantity restriction controls are used
to specify how much product (fuel or diesel) a particular fuel card can
access. Quantity restriction is often set to match a vehicle's tank size.
According to city staff, users fueling a vehicle with the vehicle's fuel
card and then continuing to use the card to fuel gas cans for
unmetered equipment (e.g. mowers, weed eaters, etc.) is a common
practice4espite the availability of miscellaneous fuel cards. Another
reported practice, is the loaning of authorized user id numbers to
Fuel Operations Audit
employees who are not authorized in the system to obtain fuel. Lack
of personal accountability caused by these practices make it difficult
to accurately determine what fuel dispensed (if any) that exceeded
vehicle tank capacity is because of theft.
In addition, fuel tank capacity data recorded in the equipment
inventory file may not be completely accurate. I performed a
preliminary review of the equipment inventory file to assess
reasonableness of the fuel tank capacity data, and I found that this
data appeared to be reasonable. However, physically inspecting
every metered vehicle and equipment to verify the accuracy of the
tank capacity data in the equipment inventory file was not within the
scope of this audit. Therefore, Fleet should review the equipment
inventory file and make any needed corrections to tank capacity data.
One way vehicle tank capacities could be verified is during the
physical inventory of city assets conducted by Accounting during the
summer of 2009.
Miscellaneous fuel card transactions have a higher risk of
abuse. Because miscellaneous fuel cards are not assigned to any
particular individual, vehicle, or equipment; it is difficult to identify
inappropriate or wasteful use of miscellaneous fuel card transactions.
In addition, odometer reasonability controls and quantity restrictions
related to tank capacity can't be implemented for miscellaneous fuel
cards.
I also found that a disproportionate amount of the largest
transactions are made on miscellaneous fuel cards. For example,
there were 27 fuel transactions of 100 gallons or more between
January 1, 2005 and December 31, 2008, and all of these transactions
were made with miscellaneous fuel cards. Table 6, on the next page,
categorizes miscellaneous fuel card transactions by specified fuel
quantity ranges between January 1, 2005 and December 31, 2008.
Fuel Operations Audit
Table 6
Miscellaneous Card Transactions from 2005 - 2008
Fuel Quantity Misc Card O/O of Total
100.00 - 199.99
75.00 - 99.99
50.00 - 74.99
25.00 - 49.99
0.01 - 24.99
4,035 100%
Total Fuel
Q~Y (gal)
Z%M%"" p*
320
660
3,120
5,550
10,660
8,670
29,330
58,310
Source: City's Fuel Management System (Phoenix)
If the city continues to use miscellaneous fuel cards, Fleet should
monitor miscellaneous fuel card usage by employee and supply user's
supervisors with miscellaneous fuel card usage reports. By doing this,
employee's supervisors should be capable of identifying instances of
inappropriate fuel use. Fleet should also conduct an analysis of
miscellaneous card use, which should consider the following:
1. Assiqning cards to eauipment. Fleet should identify potential
unmetered equipment that can be assigned to each miscellaneous
fuel card.
2. Settinq iustifiable monthlv limits. Fleet should identify reasonable
monthly limits that can be placed on each miscellaneous card
based on the historical use of unmetered equipment appropriate
to be fueled with the card.
3. Assessinq user appropriateness. Fleet should identify who uses
miscellaneous cards and determine if these users are appropriate
for the card's intended use.
Employee instruction is needed. Employees, authorized to fuel
vehicles and equipment, have not been given consistent instruction
on the appropriate fueling procedures. Fleet should draft fueling
procedures to be distributed to current authorized users, and provide
these instructions to every new user.
Fueling site physical controls are adequate. Each of the fueling
sites contains some level of physical security controls. For
example, the College station Utilities site fuel pumps are located
within the facility surrounded by a 10-foot fence with the entrance
Fuel Operations Audit
and exit gates remaining closed-only authorized city employees
have access to open the gate. At this time, access is not limited
by a fence or gates to the parking area at the Public Works fuel
site. However the Public Works site fuel pumps are located behind
the police station. In addition, fuel tanks at the Public Works site
are secured by locks.
Fuel Overhead Rates Should Be Examined
An eight percent overhead rate is applied to the cost of fuel sold to
departments to cover the direct and indirect cost to manage fuel
operations. The markup rate of eight percent was initiated in 1990
and there has been no analysis conducted since then to determine
the appropriate rates for fuel overhead. In addition, the markup rate
is not consistently applied for all fuel transactions. Between January
1, 2005 and December 31, 2008, I identified 3,284 transactions that
did not have a markup rate of 8 percent-most of which had a 0%
markup rate. Fleet should conduct an analysis to determine the
overhead cost of administering fuel and develop a markup rate that
reflects those costs. In addition, the equipment inventory file should
be examined to ensure that all vehicles and equipment are assessed
the same markup rate.
The City is Complying with State and Federal Laws
The Energy Policy Act of 2005 requires states to make certain
underground storage tanks (UST) information available to the public.
Therefore, Texas State law requires owners of underground storage
tanks (USTs) to do the following:
Register each UST with the Texas Commission on
Environmental Quality (TCEQ) - even if it is empty or unused.
Each year, renew the delivery certificate for your facility at
least 30 days before the current certificate expires.
Include proof of financial assurance with all self-certification
forms.
Make sure that each UST tank fill pipe is clearly labeled
according to State rules.
Notify TCEQ at least 30 days before beginning construction
work on the UST facility or if any changes in ownership at the
UST facility.
Fuel Operations Audit
Have a certified UST contractor registered with TCEQ perform
fuel leak detector tests once per year per state regulations.
For tanks with mechanical leak detectors, fuel line tests must
also be conducted.
Public Works Department underground storage tanks holds one (1)
8,000 gallons tank for unleaded fuel and one (1) 8,000 gallons tank
for diesel. The Utility Service Center underground storage tanks holds
two (2) 6,000 gallons tanks for unleaded and one (1) 4,000 gallons
tank for diesel. Sufficient documentary, physical, and testimonial
evidence was obtained during the course of the audit to conclude that
tank installation, inspection, maintenance and removal meet state and
federal regulations.
Fuel Operations Audit
Recommendations
In addition to the changes that Fleet has already implemented, the
city's fuel operations need a few slight improvements, encompassed
in the following audit recommendations. Implementing these
recommendations will strengthen internal controls to further prevent
any inappropriate fuel use and help better manage city vehicles and
equipment.
The Director of Public Works should instruct the Fleet Buyer to
verify that the invoiced unit cost corresponds with the contract
price documented in the city's fuel agreement with Brenco. There
are four steps to verifying the contract price. (1) Obtain the Oil
Price Information Service (OPIS) publication for Hearne, TX. (2)
Verify that the date on the OPIS publication matches the order
date documented on the invoice and the transaction log. (3)
Identify the UBD rack average rates for unleaded (LILIL) and diesel
(LILS) on the OPIS publication, and add the appropriate markup
rate based on the gallons delivered. (4) Compare the unit costs
identified in step three to the unit costs on the invoice.
The Director of Public Works should direct Fleet personnel to do a
thorough evaluation and cleanup of the data in both the fuel
management system (Phoenix) and the equipment file in the city's
financial system to ensure that the data is accurate and
corresponds to one another. Former employees and current
employees, who no longer have a need to fuel city vehicles or
equipment, should have their fuel pump authorization deactivated
from the Phoenix system. In addition, non misc fuel cards that
are not assigned to current city equipment or vehicles should be
deactivated in the Phoenix system.
3. The Director of Public Works should direct Fleet staff to activate
the fuel management system's odometer reasonability control for
all fuel cards. Prior to this control being implemented, Fleet
should develop a communications plan to instruct all fuel users
about the importance of entering correct odometer readings and
to communicate the proper fueling procedures. Once odometer
reasonability controls are implemented, Fleet should consider
using odometer entries to calculate miles per gallon or cost per
mile in order to track driver and vehicle efficiency.
Fuel Operations Audit
4. The Director of Public Works should direct Fleet personnel to
activate the fuel management system's quantity restriction
controls for all fuel cards. Quantity restriction should be set to
match a vehicle's tank size. Therefore, Fleet staff should verify
that tank capacity data recorded in the city's financial system's
equipment inventory file is complete and accurate prior to
implementing quantity restriction controls. The Phoenix system
also has the ability to set daily and monthly fuel quantity limits for
fuel cards. Daily and monthly limits should be set in accordance
with cardholder needs in order to prevent users from
circumventing quantity controls by fueling multiple times within
the same day or more than reasonable within a month.
Therefore, Fleet staff should work with department fuel users and
conduct a fuel usage analysis to identify appropriate daily and
monthly fueling limits to be placed on fuel cards.
5. The Director of Public Works should direct Fleet staff to monitor
miscellaneous fuel card usage by employee and supply users'
supervisors with miscellaneous fuel card usage reports.
Department supervisors should be instructed by Fleet to use these
reports to help them identify possible instances of inappropriate
fuel use. Fleet staff should also conduct an analysis of
miscellaneous card use. This analysis should identify the
following: (1) potential unmetered equipment that can be
assigned to each miscellaneous fuel card, (2) reasonable monthly
limits that can be placed on each miscellaneous card based on the
historical use of unmetered equipment appropriate to be fueled
with the card, (3) who uses miscellaneous cards and determine if
these users are appropriate for the card's intended use, and (4)
the miscellaneous cards that should be deactivated from the
system.
6. The Director of Public Works should direct Fleet staff to draft
fueling procedures to be distributed to current authorized users,
and provide these instructions to every new user.
7. The Director of Public Works should direct Fleet staff to conduct
an analysis to determine the overhead cost of administering fuel
and develop an overhead rate that reflects those costs. In
addition, the equipment inventory file should be examined to
ensure that all vehicles and equipment are assessed the same
overhead rate.
Fuel Operations Audit
Management Response
Fuel Operations Audit 21
R.Et;PO?i5E: PCanagement conci1i.s with :he yc-cni-irndjt cn a172 $vill iiil-ert ... th+r :he zatz in the fuel r-r.4-agemefit wsteri-~ ar;c :1:y'5 finencia1 sys:enl 3e
c ;net crp as dfs:..ibed to ensure thzt t-e da:s is acsu!.ats in both I;ysrcms
3, ;:E::CI!~~~.~EI\I[: $TI<::['.J : [j'l,ccta of P;blic ;$,'3..ks shcu 1 di~.ec' =;e& stz'i
tc acrb:.zre the fur! ranzgernel-tt ~~:em's ;.d=l->e:cr- ~.eascnabilitg; ~3nti.a: fa.
z. fuel :al-ds, ?I.'GI- tc this contr.ol be'iag i-ipfi.mented7 Fleet ~faccr d deuelog: .s
:~~:m-~crni~:sriot?s 3la- tc izstruct alt iue; usclx axur :kc icipar-ts-ce af
e.-kei- ,i12 >:ct.i.ect ~CCIY.~:~!. yeadi;?gs 3116 tc ccrnoiun care tila prcpet. '1-~e r?g
pt.c::cC;, .es. Once odazltiet" t-easonakili~t c:orat~d. are irzplmmente2, Fiect
s-su!C z:,nsicte,- u.<r;g ado?ieter enti. es tn calci.ilats I:-iles pet- ga;.on cr crest
pel- ::ii? in ,r;li:e:. to :I.a:.c &.i\rc*. aziJ i(e-icl+ e=fir:ent:g.
R.ESF'Cj'iSE: ?-:anagcrne~-tt roncui's with the r.eccrn-iciidat GT, ail5 *,vili dil-ezt
tf>e i~-rl,?le:??-tat(o~ r" ,r ~"e ' ' Fue m3tieger;nt ~;ste.x'; cricniete.' rczso-abl iti;
ccntt.~ls %I- vehire:, a'ter- rnec;lnr; ~.zrth 3eet cocrdinatars f,.cr. ear
drp,zrtmeni ta dwelap a ng and icf.>t.rnatio-al 21-ogl-am.
4, ?ECOB~~livlEf~I[;&,iI~2PJ: -he D:t.cctuj. P,bli- i.\:p,.l..s siiou ,; fi eci = e& . . pfrscnntl t~ sct vate :I;? fuel ?lzna;e;-enr ;yr.trl~-'s etls-t ti; .s.z~ .~::lati
,- .~-ntr~air. - 'of. ai; ; tile! . ~zt.,~~, Guent ty re;t..ictj3- shculd be set. ts; t--arc- i
::ch'cl5'5 tank size, TB:e .eSr;i-e, ;lee: sta? si:cul~ v+r.fi; ?-at ta-< ,:apa:':.j, data
~-ecct-,;ed in the zi:\,"~ ?na;>:ial system's etquiament. in\;e-:oly file j-; :omp.ete
vd ,?c:!.:r.arc p!,ior, to ims.e~e-tiqg ;;,anrit:j restt-iction io6.t..ols, T:-e Phoenix
?isLen? also has tee to set #jail.; 2nd q3-tAly file: quantity .:mits f~v
fuel cat.cis. C:baily a41 n;orithli/ li-~itc stlo- Li be set i- at:c~r.Aai-~:e ildlt:-.
ca~zhclce. nrex i- crde.- to p~-?sient use..s =row cit-cum:;ent'ng qua-: ?/
rcntt.ok ~i ic~e ng -1crltiplc time.; within tlic sar-c 1zy or 1-13-e :?an
~.cesonab+ t~::'t.~'n a 1~3nt/i. 7:-etefci~, FI2e: hff shculc :\is;tk wit*.
department f,c! ... .el-.; ano ~cnd~ct E fire1 usage 3raaiy5:~ t3 idr~t.5~:
z2pl'cpt.ia:? deify ~rv: n~on:hI.,y f-,cling lim ts to be slsced 9- fuel cs~ds,
K-TSPOPy.,SE: Management ccn.cu!-s with :he rcccrn-lendafon, F czt skLf IV''
be d r.ectra ti; \vcl-.c vi:h dead .:-lt~itsI -leek :aordingtc~s to czl-aucr a $<el
ur.agc s;na:y:is ;z drt+l.?~ine apprcp .ie;e Fuelit-I; lin-I t. 2-d ir.plcmer;t the fclei
man:gement ~~'srern's ,arczi:i; I-estl-ction ia~:~.cl~ as .-,esz:.ixd iw- all fuel
caI'C5.
5. FE:Ii>MIvlEI..][:&TIC:N: -175 3 t.eitox 3' P_plj~ wo+Lt. si;culd di.-act = sts'f
tc -7o-rtct- rnlsi:e an+o-,s :-el 1:s .d ~5,3ga by rq2plcyef 3-d .;;sp :,. Lfe
5. :e,'v s?..: ;=;it. rn +::fllz!;scus fcrd cal-~j t.jsagc I-ep~jiS, :2epaltmtnt
sb re .a. ~:.A.L r - -- - r.l-t~rld c.e 'nrtl-zcte~ 0.i Fleet to ,sa these '.em;& t~ kc = tlsem
i-cnt~fy psssiblc in;:snccs cf Iia>pIi>pr ate f1.19 use. =l+e: staf' shcai* ~153
:~:.i?durt ?.. e*-al.jsie 2' rt:.:::dl:r,e,:~-~s c.~-:d ;:=. Ths ace yl;'.; si,c,, cf .-c!i:iFl
ti.= , ., ;F, ,.. cr~i-c:: 111; p>tcnti~ ~.tnt--c:e .ec eql.lip-:ent t.!~;l.: ':a- br =,-ci-a-xi.- --- =.$ .--. tc
ea: - m s:ell,znccus iuel :at-a, I: ;j .e.x.:nablr n;cnthl,.< Iil-its tI1.3t ~6- be
placed cn tach r?-is:ellanrcu. c8t.c based $ti the I-~is:cl,j,:ai us4 3' ul.ll--e-- >c? .- cc j
eae.i~p5ient E>~I.~'.FI ate tc I;e f-ck.3 ;+it- the ie:.d, 13) ,(:-r: ;Zes . " n-i'r.r~lla:~ecus 1:::.;-1.: 5-d *et~,.rib'lae .f tP1c.e :~~cls 3-e appt.,>cl'a:e ;:I. tl:~
Fuel Operations Audit
::all"5 :-ten=?r: I>$*: 2nd :4) t$ie mi~ceifz-e~s cslyls tlat Carl deactiv~std
f!-l;r the sjiste73.
RESPONSE: i'tar?apfment CC~::LIIS witti :li~ 1re~a3ni.::~eaxlat:os?. Fleet .:taff ;a;'::
be dl-ecte~ ic ip<cr.: $*;::ti deza,.t:irntal 'lect ::sorainatcls tr, co-ducr - ,,~llanec~~s - - fuel card usage an8 ys c: sc de.;.~~.'~ed to iden;i'y ~ossihle
ir-#stances of ina2pl-opl-iarc f~rd u:--e an tc t~kt ections to xohibzt
inapp .::tpt.iatr :-el ca-.rJ actis.tiQ.
6. REC~blTvlEN~fi,~I~~*j: The C: ~'~it~jl. :jt p. bli~ :i\:s<$;c: ;hou d di:ect = rrt stZrf
to &aft fuelirx- pt.occdir,.rs to 2c IST TI. k~itr~ t~: cul--.e,-t aurho,-ized users! and '? pt'o.,:idt tiits5 II~~:I.C~C~~DF'I. t3 ev4.y ~le:', CI.;~:.,
RESF'Oh5E: Ma:iagement ccrtzut.; t;,lith :he 1-cccm-ier7dai on snc ';<ill ,:',jt-ect
the F e& ~ti'i: t3 dettt-2.ijni the ol.e.hesc I:& f.2'3:. adn-itii3:erins the iuei
rys:ern an2 e:tab:i.h an c?;e~--e.:d rat.? ;;-a: ar:ar&ely refc:;.; those costs.
The Flte: ztaP ti~ill exar-in5 the e~,ipr?-en: '?vento:'y tc enr.u',e +at all
t;ei?:iles ai-rl ;q;pn;er-& 32-E- sszfsscd t-e cor,:.ect ov.rtt.hsad rate,
Fuel Operations Audit
11 June 2009
Regular Agenda Item No. 6
Non-Annexation Development Agreements and Annexation Plan Update
To : Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion regarding non-annexation
development agreements and an update on future annexation plans.
Recommendation(s): Staff recommends approving the non-annexation development
agreements, foregoing annexation of the 14.62 acres not covered by non-annexation
development agreements, and including annexation area three in the three-year annexation
process.
Summary: The Texas Local Government Code provides that a city may not annex an area
that is appraised as agricultural without first offering a development agreement. In
compliance with this requirement, the City of College Station offered six non-annexation
development agreement offers to owners of property located within areas identified for
annexation under the exempt status. The development agreements contained the following
provisions:
A guarantee that the City will not annex the property for a period of ten (10) years
unless the terms of the agreement are violated.
A promise by the owner(s) to use the property in a way that is consistent with the
City's A-0 (Agricultural Open) zoning district.
A promise by the owner that no person will file a plat or related development
document for the property.
A provision that a violation of the agreement by the landowner by commencing
development will constitute a petition for voluntary annexation.
A provision requiring building construction allowed by the agreement to comply with
the applicable City codes and ordinances.
A provision that the agreement be recorded in the property records at the County
Clerk's Office so that the agreement will run with the land.
Of the six development agreement offers sent out, five were signed and returned to the
city, representing a total of 281 acres.
The five development agreements also represent all but 14.62 acres of annexation area one
and the entirety of annexation area two, leaving area three (the speedway property) for
consideration. With the recent adoption of the Comprehensive Plan, we are poised to move
forward with the three-year annexation process. The speedway property could be annexed
via the exempt process, however, at this point staff recommends including the speedway
property in the pending three-year annexation plan. There are pros and cons associated
with either approach and staff will be prepared to discuss these further at the Council
meeting.
Comprehensive Plan Considerations
Chapter eight of the Comprehensive Plan provides guidance regarding annexations. Map
8.1, "Potential Annexation Priorities and Phasing" along with Table 8.1, "Annexation
Considerations", provide the framework for future annexation activity. The annexation
considerations for each annexation area are summarized below:
Exempt Area 1
Provides control of gateway frontage (FM 2154)
Provides undeveloped or underdeveloped land for future growth
Part or all of area qualifies for non-annexation development agreement
Protects areas from future development (short term)
Exempt Area 2
Provides undeveloped or underdeveloped land for future growth
Part or all of area qualifies for non-annexation development agreement
Protects areas from future development (short term)
Exempt Area 3
Provides control of gateway frontage (east side of State Highway 6)
Provides undeveloped or underdeveloped land for future growth
Area adjacent to the city on two or more sides
Part or all of area located within the City's water CCN
Health and life safety concerns (building 8 fire code enforcement, emergency
response, etc.)
Budget & Financial Summary: A Fiscal Impact Analysis (projecting costs and revenues
upon full build-out of the proposed annexed areas) was developed when preparing the
exempt annexation package. The annexation development agreements may have the effect
of extending the time required to reach ultimate build-out.
Attachments:
1. 2009 Exempt Annexation Map
2. 2009 Development Agreements Map
3. Development Agreements Map (2008 and 2009)
4. Annexation Priorities and Phasing Map
5. Development Agreement Summary
6. Standard Development Agreement (hard copies of all development agreements are
available in the City Secretary's Office)
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CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas
Local Government Code by and between the City of College Station, Texas (the "City")
and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all
owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazos
County, Texas, which is more particularly and separately described in the attached
Exhibit "A"; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement;
and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
the Texas Local Government Code, in order to address the desires of the Owner and the
procedures of the City; and
WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon
the City and the Owner and their respective successors and assigns for the term (defined
below) of this Agreement; and
WHEREAS, this Development Agreement is to be recorded in the Real Property
Records of Brazos County.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the
Owner's Property, its immunity from annexation by the City, and its immunity from City
property taxes, for the term of this Agreement, subject to the provisions of this
Agreement. Except as provided in this Agreement, the City agrees not to annex the
Property, agrees not to involuntarily institute proceedings to annex the Property, and
further agrees not to include the Property in a statutory annexation plan for the Term of
this Agreement. However, if the Property is annexed pursuant to the terms of this
Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of
the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other
than for agriculture, wildlife management, and/or timber land consistent with Chapter 23
of the Texas Tax Code, except for existing single-family residential use of the property,
without the prior written consent of the City. The Owner covenants and agrees that the
Owner will not file any type of subdivision plat or related development document for the
Property with Brazos County or the City until the Property has been annexed into, and
zoned by, the City. The Owner covenants and agrees not to construct, or allow to be
constructed, any buildings on the Property that would require a building permit if the
Property were in the city limits, until the Property has been annexed into, and zoned by,
the City. The Owner also covenants and agrees that the City's A-0 (Agricultural Open)
District zoning requirements apply to the Property, and that the Property shall be used
only for A-0 (Agricultural Open) District zoning uses that exist on that Property at the
time of the execution of this Agreement, unless otherwise provided in this Agreement.
However, the Owner may construct an accessory structure to an existing single-family
dwelling or an accessory structure for the benefit of agricultural uses in compliance with
all applicable City ordinances and codes. The Owner acknowledges that each and every
owner of the Property must sign this Agreement in order for the Agreement to take full
effect, and the Owner who signs this Agreement covenants and agrees, jointly and
severably, to indemnify, hold harmless, and defend the City against any and all legal
claims, by any person claiming an ownership interest in the Property who has not signed
the Agreement, arising in any way from the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is
filed in violation of this Agreement, or if the Owner commences development of the
Property in violation of this Agreement, then in addition to the City's other remedies,
such act will constitute a petition for voluntary annexation by the Owner, and the
Property will be subject to annexation at the discretion of the City Council. The Owner
agrees that such annexation shall be voluntary and the Owner hereby consents to such
annexation as though a petition for such annexation had been tendered by the Owner.
If annexation proceedings begin pursuant to this Section, the Owner acknowledges that
this Agreement serves as an exception to Local Government Code Section 43.052,
requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may
have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any actions Owner has taken in violation of
Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(l)(B) of the Texas Local Government Code,
the City is authorized to enforce all of the City's regulations and planning authority that
do not materially interfere with the use of the Property for agriculture, wildlife
management, or timber, in the same manner the regulations are enforced within the City's
boundaries. The City states and specifically reserves its authority pursuant to Chapter
25 1 of the Texas Local Government Code to exercise eminent domain over property that
is subject to a Chapter 43 and/or Chapter 212 development agreement.
Section 5. The tenn of this Agreement (the "Term") is ten (10) years from the date
that the Mayor's signature to this Agreement is acknowledged by a public notary.
The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have
filed a petition for voluntary annexation before the end of the Term, for annexation of the
Property to be completed on or after the end of the Term. Prior to the end of the Term,
the City may commence the voluntary annexation of the Property. In connection with
annexation pursuant to this section, the Owners hereby waive any vested rights they may
have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code
that would otherwise exist by virtue of any plat or construction any of the owners may
initiate during the time between the expiration of this Agreement and the institution of
annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned A-0
(Agricultural Open) pursuant to the City's Code of Ordinances, pending determination of
the property's permanent zoning in accordance with the provisions of applicable law and
the City's Code of Ordinances.
Section 7. Any person who sells or conveys any portion of the Property shall, prior to
such sale or conveyance, give written notice of this Agreement to the prospective
purchaser or grantee, and shall give written notice of the sale or conveyance to the City.
Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City
written notice within 14 days of any change in the agricultural exemption status of the
Property. A copy of either notice required by this section shall be forwarded to the City
at the following address:
City of College Station
Attn: City Manager
P.O. Box 9960
College Station, Texas 77842
Section 8. This Agreement shall run with the Property and be recorded in the real
property records of Brazos County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this
Agreement is void or unenforceable, including the covenants regarding involuntary
annexation, then the remainder of this Agreement shall remain in full force and effect.
Section 10. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce
the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the
enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazos County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3,4, and 5 herein.
Entered into this day of ,2009.
Owner
Printed Name:
Owner .
Printed Name:
Owner
Printed Name:
Owner
Printed Name:
CITY OF COLLEGE STATION
Mayor Date
ATTEST:
City Secretary
APPROVED:
Date
City Manager Date
City Attorney Date
Chief Financial Officer Date
STATE OF 1
1 ACKNOWLEDGMENT
COUNTY OF 1
This instrument was acknowledged before me on the day of ,2009,
by in hislher capacity as owner of
Notary Public in and for
the State of
STATE OF TEXAS 1
1 ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of
, 2009, by Ben White, in the capacity as Mayor of the City of College Station, a
Texas home-rule municipality, on behalf of said municipality.
Notary Public in and for
the State of Texas
June 11, 2009
Consent Agenda Item No. 8b
Barron Road Capacity Improvements Phase 1 Change Order No. 2
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding Change Order
No. 2 to the construction contract (Contract #09-032) for the Barron Road Capacity
Improvements Phase I with Brazos Valley Services in the amount of $64,470.00.
Recommendation(s): Staff recommends approval of this change order for the above
contract with Brazos Valley Services.
Summary: This contract is for the capacity improvements of Barron Road from Decatur to
State Highway 6. Improvements include the construction of a four-lane road with a raised
center median, bike lanes, sidewalks, and street lighting. Additional conduit will be needed
for utility installation as part of the project. A total of 2120 linear feet of 4-inch, PVC
(schedule 40) conduit is to be installed by bore in order to minimize the impact to the root
zones of several mature trees. Additionally, 520 linear feet of 4-inch, PVC (schedule 40)
conduit will be installed by open cut methods.
Budget & Financial Summary: Funds in the amount of $3,000,000 are budgeted in the
Streets Capital Improvement Projects Fund for the Barron Road Design and Capacity
Improvements. These funds are part of the 2003 General Obligation Bond funds. In
addition, funds in the amount of $100,000 are budgeted in the Water Capital Improvement
Projects Fund and funds in the amount of $100,000 are budgeted in the Wastewater Capital
Improvement Projects Fund for the water and wastewater components of this project. Funds
in the amount of $2,554,985.65 have been expended or committed to date, leaving a
balance of $445,014.35, which will cover this change order and any future expenses.
Attachments:
1. Change Order IVo. 1
2. Project Location Map
CHANGE ORDER NO. 2 Contract No. 09-032 DATE: 18 May 20091
P.O.# 090375 PROJECT: Barron Road Capacit Improvements, Phase I ................................................... .... _._ ... <<... .<..... ......... -.._:_:.._.(.. ... .-._ ....... ;.... ... .> ..................... Project NO.: sY0409 4 .........................................................
OWNER: CONTRACTOR:
I City of College Station
P.O. Box 9960
Brazos Valley Services
6988 Raymond Stotzer Pkwv
College Station, Texas 77842 College station, TX 77845 * ax:' (979) 846-3159
PURPOSE OF THIS CHANGE ORDER:
A. Addition Conduit: Additional conduit will need to be installed as part of the utility work for the Barron Road Capacity Improvements project. A
total of 2120 linear feet of 4-inch PVC (schedule 40) conduit will be installed by bore and 520 linear feet of 4-inch PVC (schedule 40) conduit will also
be installed by open cut. The need to bore the Cinch PVC conduit is due to the prescence of mature trees located in the path of the conduit. Boring
will minimize impact to the roots of these trees that would either need lo be taken down or would have their root zones adversely impacted by
using open cut construction methods.
.... ...... .... ..... . . . .-
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I I 14" PVC Conduit (schedule 40) Bore 1 1
ORIGINAL CONTRACT AMOUNT
Change Order No. 1
Change Order No. 2
REVISED CONTRACT AMOUNT
1
2
ORIGINAL CONTRACT TIME 360 Days
(~ub~antial Completion Date
LF
LF
-0.08% CHANGE
3.49% CHANGE
3.41 % TOTAL CHANGE
CITY ATTORNEY' Date
DIRECTOR OF FISCAL SERVICES Date
complete and in place
4" PVC Condu~t (schedule 40),
complete with bends, caps and fittings
in place
IANAGER / / Date MAYOR Date I
r. WY. &om& S/l%/d
DEPARTMENT DI~ECTOR Date 3 CIN SECRETARY Date
$29.00
$5.75
CITY MANAGER Date
I
12004
2322
14124
2842
$61,480.00
$2,990 00
June 11, 2009
Consent Agenda Item No. 8c
Project Number PK0911
College Station Skate Park Project Professional Services Contract and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To : Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Bleyl & Associates, in the amount of $179,037.50, for the design of the
College Station Skate Park Project and approval of a resolution declaring intention to
reimburse certain expenditures with proceeds from debt.
Recommendation(s): Staff recommends approval of the professional services
contract and recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Summary: The College Station Skate Park Project was approved by the voters in the
2008 Bond Election. Proposed to be located at the Southwood Athletic Complex, the Skate
Park is proposed to be located along the eastern edge of the complex. Features and
amenities to be included in the Skate Park will be determined during the conceptual design
phase which will include an extensive public engagement process.
Budget & Financial Summary: Funds in the amount of $920,000 are budgeted for this
project in the General Government Capital Improvement Projects Fund. These funds were
approved as part of the 2008 General Obligation Bond authorization. Funds in the amount of
$1,396.15 have been expended or committed to date, leaving a balance of $918,603.85.
The "Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt" is necessary for this item because the long term debt has not been issued for the
project. The debt for the project is scheduled to be issued later this fiscal year and next
fiscal year.
Attachments:
1.) Resolution
2.) Project Location Map
3.) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, SELECTING A PROFESSIONAL CONTRACTOR, APPROVING A
PROFESSIONAL SERVICES CONTRACT AND AUTHORIZING THE EXPENDITtTRE
OF FUNDS FOR THE SKATE PARK PROJECT.
WHEREAS, the City of College Station, Texas, solicited proposals for the Skate Park
Design_ (eg. design, engineering, etc.); and
WHEREAS, the selection ofBLEYL & ASSOCIATES is being recommended as the most
highly qualified provider of the design services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1 : That the City Council hereby kds that -BLEYL & ASSOCIATES is the most highly
qualified provider of the services for the Skate Park Project on the basis of
demonstrated competence and qualifications.
PART 2: That the City Council hereby approves the contract with BLEYL & ASSOCIATES-
for an amount not to exceed $1 79,037.50 for the design services related to the Skate
Park Project.
PART 3: That the hding for this Contract shall be as budgeted fiom the 2008 Bond Fund
in the amount of $-179,037.50.
PART 4: That this resolution shall take effect immediately fiom and after its passage.
ADOPTED this day of , A.D. 2007.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
-
City Attorney
Skate Park Project Location Map
Southwood Athletic Complex
South Side of Rock Prarie Road
RESOLUTION NO.
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
PROCEEDS FROM DEBT
WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and
political subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project")
prior to the issuance of obligations by the City in connection with the fmancing of the Project from
avadable funds;
WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lawful objectives of the City
and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance
the Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS THAT:
Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, --
with an aggregate maximum principal amount not to exceed $920,000, for the purpose of paying the
aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-
exempt obligations will be issued by the City in hrtherance of this Statement after a date whlch is later
than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the
property, with respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to
this Statement more than three years after the date any expenditure which is to be reimbursed is paid.
PASSED AND APPROVED THIS 1 lth DAY OF JUNE, 2009.
Ben White, Mayor
ATFEST:
Connie Hooks, City Secretary
APPROVED :
Exhibit "A"
The projects to be financed that are the subject of this Statement are:
College Station Skate Park
June 11, 2009
Consent Agenda Item No. 8d
Texas High Speed Rail & Transportation
Corporation Articles and By-Laws
To: Glenn Brown, City Manager
From: City Manager's Office
Agenda Caption: Presentation, possible action and discussion regarding the
approval of a resolution approving the articles and by-laws of the South Central High
Speed Rail and Transportation Authority.
Recommendation(s): Staff recommends approval of the local government
corporation articles and by-laws.
Summary: The City Council approved the City of College Station participating in the
formation of the local government corporation called South Central High Speed Rail
and Transportation Authority on April 23 and has been an active member of the
Texas High Speed Rail and Transportation Corporation (THSRTC) for many years.
College Station is strategically positioned between the Gulf Coast High-Speed Rail
Corridor and the South Central High-Speed Rail Corridor.
The local government corporation will allow the region to provide a united front, have
better access to federal funds, and better communication with the state.
Budget & Financial Summary: N/A
Attachments:
1. Resolution
2. High Speed Rail Authority Articles of Incorporation
3. Bylaws of South Central High-Speed Rail and Transportation Authority
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, APPROVING ARTICLES OF INCORPORATION AND
BnAWS FOR A LOCAL GOVERNMENT CORPORATION TO AID AND
ASSIST THE DEVELOPMENT OF HIGH SPEED PASSENGER RAIL SERVICE
WITHIN THE SOUTH CENTRAL AND GULF COAST CORRIDOR AND
APPOINTING DIRECTORS.
WHEREAS, the City of College Station, Texas (the "Sponsor") has received a
written application (the "application ") for approval of the articles of incorporation and
bylaws for a local government corporation (the "corporation"), to be named the South
Central High-Speed Rail and Transportation Authority, Inc., under authority of Chapter
43 1, Subchapter D, Texas Transportation Code, to act on behalf of the Sponsor and other
Texas local governments described in the application; the application has been signed by
at least three (3) residents of each local government (including the Sponsor) who are
citizens of the State of Texas and at least 18 years of age; and each such director is a
resident of the local governments, including the Sponsor; and,
WHEREAS, the City Council of the City of CoIlege Station, Texas, the Sponsor,
has considered the application and determined that the Sponsor and its residents will
benefit from high-speed rail service proposed to be developed with the assistance of the
corporation along the South Central and Gulf Coast High-Speed Rail Corridors; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: The City Council hereby approves the articles of incorporation and bylaws
of the corporation as presented with the application.
PART 2: The City Council appoints the persons specified as initial directors in the
articles of incorporation as the initial directors of the corporation for the
respective tem~s specified in the articles of incorporation.
PART 3: The City Council hereby provides that if one or more local governments
specified in the articles of incorporation fail to adopt a resolution, order or
ordinance approving the articles of incorporation and appointing the initial
directors specified in the articles of incorporation, but at least five (5) local
governments (including the Sponsor) take such action, then the local
governments that fail to take such action (and the names and number of
the initial directors resident within their boundaries) shall be deleted from
the articles of incorporation and bylaws of the corporation. If deletions are
made, the deletions are hereby approved and the non-deleted directors are
hereby appointed as are the articles of incorporation and bylaws with the
RESOLUTION NO. Page 2
deletions that are appropriate. If fewer than five (5) such local
governments (including the Sponsor) adopt such an order, resol~ition or
ordinance, the approvals and appointments made by this resolution shaIl
be null and void.
PART 4: The approvals and appointments made hereby are solely for the purposes
of satisfying the conditions of filing the articles of incorporation of the
corporation with the Secretary of State of Texas and shall not be construed
as a representation, warranty, guarantee or other undertaking of any kind
of the City Council of the City of College Station or the City of College
Station.
No obligations of the corporation shall constitute an obligation the City of
College Station or be a pledge of faith or credit of the City of CoIlege
Station.
PART 5: If any provision of this resolution or the application shall be held to be
invalid, the remaining provisions and applications shall be valid, and the
City Council hereby declares that this resolution would have been enacted
without such invalid provisions.
PART 6: It is hereby officially found and determined that the meeting at which this
resolution was passed and approved was open to the public as required and
that public notice of the time, place and purpose of said meeting was given
as required by the Open Meeting Act, Chapter 551, Texas Government
Code.
PASSED, ADOPTED AND APPROVED this day of
A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
O:\Resoiutions\06-02-09 High speed Rail Sc~ice.docx
RESOLUTION NO.
O:\ResoIutions\06-02-09 High speed Rail Service.docx
Page 3
ARTICLES OF INCORPORATION
OF
SOUTH CENTRAL HIGH-SPEED RAIL AND TRANSPORTATION AUTHORITY,
INC.
We, the undersigned natural persons, all being residents of the State of Texas and above
the age of 18 years, acting as incorporators of a corporation under Subchapter D, Texas
Transportation Corporation Act, TEX TRANSP. CODE ANN. $43 1.10 1 et seq. (the "Act") and with
the approval of the governing bodies of the local governments specified herein (the "Sponsors"),
adopt the following articles of incorporation for such corporation:
ARTICLE ONE
NAME
The name of the corporation is the South Central High-Speed Rail and Transportation
Authority, Inc.
ARTICLE TWO
CHARACTER
The corporation is a public, nonprofit corporation.
ARTICLE THREE
DURATION
The period of duration of the corporation is perpetual.
ARTICLE FOUR
PURPOSE
The corporation is organized to aid and act on behalf of the Sponsors to accomplish their
governmental transportation purposes by planning, acquiring, developing, managing, operating,
and maintaining high-speed rail and transportation facilities accommodating the operation of
high-speed passenger trains, including related stations and developments, including by
developing and implementing plans to link, with an efficient transportation system comprised of
high-speed rail and other transportation means, the Sponsors with each other and future sponsors
and other municipalities and transportation systems and with other local governments, military
installations, seaports, and airports generally along the routes of the federally-designated South
Central High-Speed Rail Corridor and Gulf Coast High-Speed Rail Corridor (as expanded by the
Passenger Rail Investment and Improvement Act of 2008) and other corridors that may be
designated by the corporation in the future.
ARTICLE FIVE
MEMBERS
The corporation shall have no members.
ARTICLE SIX
INITIAL REGISTERED OFFICE AND AGENT
The street address of the initial registered office of the corporation is 8080 Park Lane,
Suite 600, Dallas, Texas, 75231. The name of the initial registered agent of the corporation at
that address is David Dean.
ARTICLE SEVEN
DIRECTORS
The number of directors on the initial board of directors of the corporation shall be
fifteen. The names and addresses of the persons who are to serve as the initial directors, each of
whom resides in the Sponsor specified opposite his or her name, are as follows:
Name
Maurine Dickey
Ed Emmett
John Erwin, MD
Gary Fickes
William A Jones I11
Kenny Mallard
Sam Smith
William Tate
John Terrell
Expiration of
Address Term Sponsor
23 1 1 Joe Field Road
Dallas, Texas 75229
1001 Preston St, Suite 91 1
Houston TX 77002
214 E. Elm Street
Hillsboro, TX 76645
100 E. Weatherford Street
Room 502A
Fort Worth, Texas 76 196
2 North Main Street
Temple, TX 76501
300 E. 26th Street
Bryan, TX 77803
825 W. Irving Blvd.
Irving, TX 75060
200 S. Main St
Grapevine, TX 7605 1
1400 Main Street, Suite 270
Southlake, Texas 76092
Dallas County
Harris County
City of Hillsboro
Tarrant County
City of Temple
Brazos County
City of Irving
City of Grapevine
City of Southlake
Timothy Welch 7301 N.E. Loop 820 12/31/2012 City of North
North Richland Hills, TX 76 180 Richland Hills
Ben White 1 1 0 1 Texas Avenue 12/31/2014 City of College
College Station, Texas 77840 Station
Sam Young PO Box 68 1213 112012 Franklin County
Mount Vernon, TX 75457-0068
James Edmonds 1 1 1 East Loop North 1213 112010 "At Large"
Houston, Texas USA 77029
Robert Eckels 2001 Kirby Dr, Suite 800 1213 112010 "At Large"
Houston TX 7701 9
Paul Lovier 64 1 Church Street 12/31/2010 "At Large"
Sulphur Springs, TX 75482
ARTICLE EIGHT
INCORPORATORS
The name and street address of each incorporator is:
Name Address
Robert Eckels
Maureen Dickey
William A Jones I11
2001 Kirby Dr, Suite 800, Houston TX 77019
23 11 Joe Field Road, Dallas, Texas 75229
2 North Main Street, Temple, TX 7650 1
ARTICLE NINE
INDENINIFICATION AND RELEASE
To the maximum extent authorized by applicable law, the corporation shall indemnify
each director, officer, former director, and former officer of the corporation for expenses and
costs, including attorney's fees, actually and necessarily incurred by the director or officer in
connection with, and each such person is released by the corporation from, a claim asserted
against the director or officer, by action in court or other forum, because of the person's being or
having been a director or officer.
ARTICLE TEN
NOT FOR PROFIT
No part of the corporation's net earnings shall inure to the benefit of, or be distributable
to, any director, officer, or other private person, but the corporation may pay reasonable
compensation for services rendered or property provided. No part of the corporation's net
earnings remaining after payment of its liabilities and expenses in accomplishing its public
purpose may benefit any person other than the Sponsors.
No substantial part of the corporation's activities shall be carrying on propaganda or
otherwise attempting to influence legislation. The corporation shall not participate in, or
intervene (including by publishing or distributing of statements) in, any political campaign on
behalf of or in opposition to any candidate for public office.
ARTICLE ELEVEN
ADOPTION OF RESOLUTIONS
Resolutions approving the form of these articles of incorporation have been adopted by
the governing bodies of the Sponsors on the respective dates specified below:
Sponsor Date of Adoption
Brazos County, Texas
City of College Station, Texas
Dallas County, Texas
Franklin County, Texas
City of Grapevine, Texas
Harris County, Texas
City of Hillsboro, Texas
City of Irving, Texas
City of North Richland Hills, Texas
City of Southlake, Texas
Tarrant County, Texas
City of Temple, Texas
IN WITNESS WHEREOF, we have hereunto set our hands as of this day of
[Name]
[Name]
The State of Texas 5
County of 5
Before me, the undersigned authority, on this day personally appeared ,
and whose names are subscribed to the foregoing instrument
and, being by me first duly sworn, declared that the statements therein contained are true and
correct.
Given under my hand and seal of office this the day of
Name:
Notary Public in and for the State of Texas
BYLAWS
OF
SOUTH CENTRAL HIGH-SPEED RAIL AND TRANSPORTATION AUTHORITY,
INC.
ARTICLE 1
GENERAL
1.1. Name. The name of the corporation is South Central High-Speed Rail and
Transportation Authority, Inc.
1.2. Sponsors. The local governments that have approved the creation of the
corporation (the "Sponsors") pursuant to Subchapter D of the Texas Transportation Corporation
Act, Texas Transportation Code 943 1.101 et seq. (the "Act"), are the following:
(a) Brazos County, Texas;
(b) City of College Station, Texas;
(c) Dallas County, Texas;
(d) Franklin County, Texas;
(e) City of Grapevine, Texas;
(f) Harris County, Texas;
(g) City of Hillsboro, Texas;
(h) City of Irving, Texas;
(i) City of North Richland Hills, Texas;
(j) City of Southlake, Texas;
(k) Tarrant County, Texas; and
(1) City of Temple, Texas;
1.3. Purpose. The corporation is organized pursuant to the Act to aid and act on
behalf of the Sponsors to accomplish their governmental transportation purposes by planning,
acquiring, developing, managing, operating, and maintaining high-speed rail and transportation
facilities accommodating the operation of high-speed passenger trains, including related stations
and developments, including by developing and implementing plans to link, with an efficient
transportation system comprised of high-speed rail and other transportation means, the Sponsors
and future sponsors and other municipalities and transportation systems with each other and with
other local governments, military installations, seaports, and airports generally along the routes
of the federally-designated South Central High-Speed Rail Corridor and Gulf Coast High-Speed
Rail Corridor (as expanded by the Passenger Rail Investment and Improvement Act of 2008) and
other corridors that may be designated by the corporation in the future.
1.4. Nonprofit Corporation. No part of the corporation's net earnings shall inure to
the benefit of, or be distributable to, any director, officer, or other private person, but the
corporation may pay reasonable compensation for services rendered or property provided. No
part of the net earnings of the corporation remaining after payment of its bonds and expenses in
accomplishing its public purpose may benefit any person other than the corporation's sponsor.
No substantial part of the corporation's activities shall be carrying on propaganda
or otherwise attempting to influence legislation. The corporation shall not participate in, or
intervene in (including the publishing or distributing of statements), any political campaign on
behalf of or in opposition to any candidate for public office.
ARTICLE 2
BOARD OF DIRECTORS
2.1. Authority, Number, Term, Removal, and Vacancv.
(a) Authority. The corporation's affairs shall be governed by a board of
directors.
(b) Number. The board of directors shall comprise fifteen directors.
(c) Terms. Members of the initial board of directors shall hold office for the
initial terms specified in the articles of incorporation. After the initial term, all directors shall
serve a term of six years. A term (other than the initial terms) shall end on the sixth anniversary
of the beginning of the term, regardless of the date of the actual appointment to the board.
(d) Removal. A director may be removed at any time, with or without cause,
by written order or resolution of the governing body of the Sponsor which appointed the director
or, in the case of the initial directors (except those described in the following sentence), the
Sponsor within which the director resided as shown in the articles of incorporation on the date of
filing of the articles of incorporation of the corporation. A director appointed by act of the
governing bodies of a majority of the Sponsors and an initial director shown to be "At Large" in
the articles of incorporation of the corporation may be removed at any time, with or without
cause, by written order or resolution of a majority of the Sponsors of the corporation.
(e) Vacancies. Any seat on the board of directors shall be vacant when the
incumbent of such seat has resigned, died, or been removed or the board of directors has
determined that the incumbent has become so disabled that he or she will be incapable of
participating in the governance of the corporation for a continuous period of six months or more.
- -
(f) Appointment. Each successor to a director whose term shall have expired
or who shall have died, resigned, been removed, or become incapacitated, shall be appointed by
the Sponsor which appointed the director or, in the case of the initial directors (except those
described in the following sentence), the Sponsor within which the director resided as shown in
the articles of incorporation on the date of filing of the articles of incorporation of the
corporation. Each new director whose seat has been created by increase in the number of
directors, and each director appointed to succeed (directly or indirectly) an initial director shown
to be "At Large" in the articles of incorporation of the corporation, shall be appointed by written
order or resolution of the governing bodies of a majority of the Sponsors of the corporation.
(g) Succession. Any director whose term of office has expired may succeed
himself or herself.
2.2. Meetings of Directors.
(a) Place. Meetings of the board of directors may be held at such place or
places in the State of Texas as the board of directors may from time to time determine. In the
absence of any such determination, meetings of the board of directors shall be held at 8080 Park
Lane, Suite 600, Dallas, Texas 7523 1. Subject to paragraph (e) of this section, meetings of the
board of directors may be held by telephone conference.
(b) Regular Meetings. Regular meetings of the board of directors shall be
held annually or more frequently on such dates and at such times as the board of directors may
determine. Regular meetings of the board of directors may be held without notice to directors.
Subject to applicable law, any matter may be considered and acted upon at a regular meeting.
(c) Special Meetings. Special meetings of the board of directors shall be held
whenever called by or at the request of the president of the corporation or any two directors.
Except in the event of an emergency, at least three days notice of the date, time, and place of
each special meeting of the board of directors shall be given to each director. At least two hours
notice of each emergency meeting of the board of directors shall be given to each director.
Unless otherwise indicated in the notice thereof and subject to applicable law, any matter may be
considered and acted upon at a special meeting. At any meeting at which every director shall be
present, any matter may be considered and acted upon consistent with applicable law.
(d) Notices. Whenever any notice is required to be given to a director, such
notice shall be deemed to be given when deposited in a post office box in a sealed postpaid
wrapper addressed to the director at his or her post office address as it appears on the books of
the corporation or when successfully transmitted by facsimile to the facsimile number of the
director as it appears on the books of the corporation or by email to the most recent email address
provided by the director. Notice may also be delivered in person or by delivery service or orally
by telephone. Attendance of a director at a meeting shall constitute a waiver of notice of such
meeting, except attendance of a director at a meeting for the express purpose of objecting to the
transaction of any business on the grounds that the meeting is not lawfully called or convened.
Neither the business to be transacted nor the purpose of any regular or special meeting of the
board of directors need be specified in the notice to directors or waiver of notice of such meeting,
unless required by the board of directors. A waiver of notice in writing, signed by the person or
persons entitled to the notice, whether before or after the time that would have been stated
therein, shall be deemed equivalent to the giving of notice.
(e) Open Meetings Act. All meetings and deliberations of the board of
directors shall be called, convened, held, and conducted, and notice thereof shall be given to the
public, in accordance with chapter 55 1, Texas Government Code, as amended.
(a) General. A majority of the number of appointed directors shall constitute
a quorum to transact business at all meetings convened in accordance with these bylaws. The act
of a majority of the directors present at a meeting at which a quorum is present shall constitute
the act of the board of directors, except as provided in paragraph (b) of this section.
(b) Weighted Voting. The following actions shall be authorized by, and only
by, the act of directors appointed by the governing bodies of Sponsors with resident populations
totaling at least a majority of the total resident populations of all Sponsors, as determined by the
then most recent federal decennial census, and no such action may be authorized by a committee:
(A) Budget: adoption or amendment of the budget of the corporation,
and authorization of any unbudgeted expenditure or transfer of funds or property;
(B) Debt: incurrence of indebtedness, leases, or other monetary
obligations of the corporation;
(C) Mergers, etc.: mergers, consolidations, or transfers substantially
as an entirety of assets of the corporation; and
(D) Dissolution: dissolution, liquidation, or receivership of the
corporation.
2.4. Conduct of Business.
(a) Procedures. At meetings of the board of directors, matters pertaining to
the business of the corporation shall be considered in accordance with rules of procedure as from
time to time prescribed by the board of directors.
(b) Presiding Officer. At all meetings of the board of directors, the president
of the corporation shall preside. In the absence of the president, the vice president of the
corporation shall preside. In the absence of both the president and vice president, a director
selected by the board of directors shall preside.
(c) Chair Votes. The presiding officer or director shall be entitled to vote on
all matters before the board of directors.
(d) Minutes. The secretary of the corporation shall act as secretary of all
meetings of the board of directors. In the absence of the secretary, the presiding officer may
appoint any person to act as secretary of the meeting. The secretary of the meeting or his or her
designee shall keep minutes of the meetings of the board of directors.
2.5. Committees of the Board of Directors.
(a) Executive Committees. By resolution adopted by a majority of the
number of directors fixed by these bylaws, the board of directors may designate one or more
committees consisting of two or more directors to exercise the authority of the board in the
management of the corporation to the extent provided by the resolution, subject to Section
2.4(b).
(b) Other Committees. The president or the board of directors may appoint
other committees without power to exercise the authority of the board of directors. Such
committees need not be limited to directors.
(c) Committee Meetings. Each committee of the corporation shall keep
minutes of the transactions of its meetings and shall cause such minutes to be recorded in books
kept for that purpose in the principal office of the corporation. Any such meetings shall be
called, convened, held, and conducted, and notice thereof shall be given to the public, in
accordance with chapter 55 1, Texas Government Code, as amended.
2.6. Compensation of Directors. Directors shall not receive any salary or
compensation for their services as directors, but shall be reimbursed for actual expenses incurred
by them in the performance of their duties as directors.
ARTICLE 3
OFFICERS
3.1. Offices Generally.
(a) Offices. The officers of the Corporation shall be a president, a vice
president, a secretary, a treasurer, an executive director, and such other officers as the board of
directors may from time to time determine to be necessary. A person may simultaneously hold
more than one office, except that the same person may not simultaneously hold the offices of
president and secretary.
(b) Term. Each officer shall serve for a term of two years ending
simultaneously with the term of one or more directors. At the expiration of their terms, officers
may be reappointed or re-elected to the same or different offices.
(c) Qualifications. Officers must be a resident of the State of Texas. A
director, a member of the governing body or officer or employee of a Sponsor who serves as a
director of the corporation may serve as an officer of the corporation.
(d) Election. All officers shall be elected by the board of directors.
(e) Removal. Officers may be removed from office at any time by the board
of directors if it believes that the best interests of the corporation will be served by the removal.
3.2. President. The president shall be the chief executive officer of the corporation
and, subject to the authority of the board of directors, shall have general charge of the properties
and affairs of the corporation. The president shall see that all orders and resolutions of the board
of directors are given effect. The president shall execute all legal documents and instruments in
the name of the corporation when authorized to do so by the board of directors and shall perform
such other duties as may be prescribed from time to time by the board of directors or these
bylaws.
3.3. Vice President. The vice president shall have such powers and duties as may be
prescribed from time to time by the board of directors and shall perform the duties of the
president during the president's absence or disability. Any action taken by the vice president in
the performance of the duties of the president shall be conclusive evidence of the absence or
disability of the president at the time such action is taken.
3.4. Secretary. The secretary shall give and serve all notices required by these
bylaws, may attest to the signature and office of other officers signing any legal document or
instrument, shall have charge of the corporate books, records, legal documents, and instruments
of the corporation, and shall discharge such other duties as shall be prescribed from time to time
by the board of directors or these bylaws. The board of directors or the president may appoint an
assistant secretary to perfonn the duties of the secretary during the absence or disability of the
secretary.
3.5. Treasurer. The treasurer shall have charge of the financial records, accounts,
and investments of the corporation, shall see that all the revenues of the corporation are
deposited, invested, and disbursed as prescribed from time to time by the board of directors, and
shall discharge such other duties as shall be prescribed from time to time by the board of
directors. The board of directors or the president may appoint an assistant treasurer to perform
the duties of the treasurer during the absence or disability of the treasurer.
3.6. Executive Director. The executive director of the corporation shall provide
administrative support services to the corporation and shall perform such other duties as shall be
prescribed from time to time by the board of directors.
ARTICLE 4
MISCELLANEOUS
4.1. Principal Office. The principal office and registered office of the corporation
shall be 8080 Park Lane, Suite 600, Dallas, Texas 75231 or another office designated by the
board of directors.
4.2. Fiscal Year. The fiscal year of the corporation shall be each 12-month period
ending December 3 1.
4.3. Resignations. Ally director or officer inay resign at any time by written notice to
the president or the secretary of the corporation. The resignation shall take effect at the time
specified therein or, if no time is specified, at the time of its receipt by the president or secretary.
Acceptance of the resignation shall not be necessary to make it effective, unless expressly so
provided in the resignation.
4.4. Indemnification/Release. The corporation shall indemnify and release each
director, officer, former director, and former officer of the corporation and each member of the
governing body and each officer of each Sponsor to the fullest extent provided in the articles of
incorporation of the corporation or otherwise authorized by law.
15145912.4 6
4.5. Dissolution. In the event of the dissolution of the corporation, its assets shall be
applied and distributed as follows:
(a) Discharge of Liabilities. All liabilities and obligations of the corporation
shall be paid, satisfied and discharged, as set forth in the Texas Non-Profit Corporation Act,
Chapter 22, Texas Business Organization Code.
(b) Residual Interests. Assets held by the corporation upon condition
requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution,
shall be returned, transferred or conveyed in accordance with those requirements.
(c) Distribution to Sponsors. The remaining assets shall be distributed to the
Sponsors or to the State of Texas as agreed by the Sponsors. If there is no agreement, the assets
shall be distributed to the State of Texas, to the extent accepted by it, and, if there are remaining
assets, as follows: For physical assets, including real estate and personal property, first to the
Sponsor in which the asset is located and if the asset is located in more than one Sponsor, to the
Sponsor with the largest total population with an elected governing body; and for assets not
located in a Sponsor, to the nearest Sponsor with connecting physical assets or, if there are no
connecting physical assets, to the nearest Sponsor. All remaining assets shall be distributed to
the Sponsors in proportion to the value of the physical assets distributed to the Sponsor or, if
there are no physical assets, in proportion to the populations of the Sponsors according to the
most recent federal decennial census.
4.6. Amendments. These bylaws may be amended by the board of directors with the
approval of each Sponsor.
Adopted: ,2009
June 11, 2009
Consent Agenda Item No. 8e
T-shirts, Caps and Polos
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion authorizing the renewal
agreements for the purchase of T-shirts, caps and polos by all City Departments with C C
Creations and Monograms and More for an annual estimated expenditure of $80,000. The
renewal period is June 1, 2009 thru May 31, 2010.
Recommendation(s): Staff recommends approval to purchase T-shirts, caps, and polos
through the cooperative purchasing agreements between College Station I.S.D. for C C
Creations and the City of Bryan for Monograms and More.
Summary: Our Interlocal Purchasing Agreements with the City of Bryan and College
Station I.S.D. allows the City to utilize contracts that they have competitively solicited.
Estimated annual expenditures for Tshirts, caps and polos with CC Creations are estimated
at $40,000 and Monograms and More for $40,000. Total annual expenditure is estimated at
$80,000.
Budget & Financial Summary: Funds are budgeted and available in various departmental
operating budgets.
Attachments: Renewal Agreements (2)
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew College Station I.S.D.'s Bid No. 8-020,
for T-shirts in accordance with all terms and conditions previously agreed to and accepted
pursuant to our Interlocal Agreement with the College Station I.S.D. for an annual estimated
amount of Forty Thousand and no1100 dollars ($40,000.00). This is the City of College Station's
first renewal of the contract.
I understand this renewal term will be for the period beginning June 1,2009 through May 3 1,
2010.
C. C. CREATIONS, LTD.
LL\la, M'/h
RIZED REPRESENTATIVE
5.--IZ g7
DATE
CITY OF COLLEGE STATION
Mayor DATE
ATTEST:
City Secretary DATE
APPROVED:
DATE
DATE
Chief Financial Officer DATE
STATE OF TEXAS
COUNTY OF
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged on the 2 day of Ma? ,2009,
by u\r O' 6mm in hisher capacity as M a*aa& of
C . C. crakfi: ~d. , a TEXAS Corporation, on behalf of said cogoration.
<&zlcr~';T&
Wotary Publicfin and for the
~iate of Texas
STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,2009,
by , in the capacity as Mayor of the City of College Station, a Texas
home-rule municipality, on behalf of said municipality.
Notary Public in and for the
State of Texas
April 22,2009
C,.C. Creations, Ltd.
Mr. Andy O'Bannon
1 31 1 .well born Road
College Station, Texas 77840
Dear Mr. O'Bannon,
College Station 1.S.D has renewed Request for Bid (RFB) # 8-020
for T-shirt Bid. All terms, conditions, pricing, and quantities shall
remain the same per the original bid for the remainder of the
agreement through July 31,201 0.
A reminder that no orders should be processed without a valid
purchase order number issued by College Station I.S.D. All invoices
should be sent to the College Station I.S.D. Business Office, 1812
Welsh Ave., College Station, TX 77840.
If you have any questions, please contact me at (979) 764-5408 or
email mpantei@csisd.orq. 5il)4
ark ante, C.P.M., CTSBS
Director of Purchasing
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew City of Bryan's Bid No. 07-074, for T-
Shirts, Caps, and Polos, in accordance with all terms and conditions previously agreed to and
accepted pursuant to our Interlocal Agreement with the City of Bryan for an annual estimated
amount of Forty Thousand and no11 00 dollars ($40,000.00) This is the City of College Station's
first renewal of the contract.
I understand this renewal term will be for the period beginning June 1, 2009 through May 3 1,
2010.
$;&dq
DATE
CITY OF COLLEGE STATION
Mayor DATE
ATTEST:
City Secretary DATE
APPROVED:
DATE
DATE
Chief Financial Officer DATE
STATE OF TEXAS
COUNTY OF
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged on the
hislher capacity as of
Corporation, on behalf of said corporation.
A
STATE OF TEXAS
COUNTY OF BRAZOS
I Li&h5&4&
Motary hblic in and for the
state of Texas
ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,2009,
by - py in the capacity as Mayor of the City of College Station, a Texas
home-rule municipality, on behalf of said municipality.
Notary Public in and for the
State of Texas
February 2,2009
CITY OF BRYAN
The Good Lif, lh.5 sg)rlc.-
Monograms & More
Brian Pendergraff
1 806 Welsh Ave Stre. G
College Station, TX 77840
RE: 2nd Extension of Contract No. 07-074 "Annual Contract for T-shirts, Caps & Polo's7'
Dear Mr. Penderm,
Please be advised that the above referenced contract will expire on April 11,2009 and it isour
intent to recommend to the City Manager to extend said contract for one (1) additional period of
one (1) year, beginning the day following the expiration date of said contract.
If your company is wilIing and able to extend Contract No. 07-074 under the same prices, terms,
conditions and provisions as those contained in the original contract, please complete the
following information and return this original within five (5) days from the date of this
notification.
J 4. M firp Title
Of
Company Name
ryan, under the same prices, terms,
ned in the original contract, for a period of one (I) year
approval of the City Manager.
Date 2-fl 47
June 11, 2009
Consent Agenda Item No. Sf
Resolution to Approve Preliminary Official Statements
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on a resolution approving
IVotices of Sale, Preliminary Official Statements and related materials for the sale of "City of
College Station, Texas General Obligation Improvement Bonds, Series 2009" and "City of
College Station, Texas Certificates of Obligation, Series 2009" including selection of a date
for opening bids.
Recommendation(s): Council's approval of the attached resolution accepting the
Preliminary Official Statements, with the Official Statements to be approved at the time of
the actual sale of the GOs, and COs on July 9, 2009.
Summary: This is the next step in the process for the City to issue long term debt for
capital projects. The City Council is authorized to approve the issuance of Certificates of
Obligation (COs) after approving a resolution directing notices to be published of the intent
to issue the COs and General Obligation Bonds as approved by voters in an election held for
that purpose.
The bond sales will occur on July 9, 2009 and at that time the City Council will consider the
ordinances authorizing the issuance of the General Obligation Bonds, and Certificates of
Obligation.
The City of College Station typically issues debt to fund various capital projects identified
and approved as a part of the annual budget. The City primarily uses three types of debt
instruments to fulfill those requirements:
1. General Obligation Bonds (GOBs) are based on the full faith and credit of the City
and are paid primarily through the debt service portion of the ad valorem tax
rate. GOBs are authorized by the voters and therefore the notice is provided in
the election process.
2. Utility Revenue Bonds (URBs) are backed by the revenues of the City's various
utilities and are issued as a business activity. These are typically only issued for
utility capital projects.
3. Certificates of Obligation (COs) normally include at least one additional revenue
stream such as utility revenues, but are considered to be much like GOBs and
therefore normally receive a rating similar to GOBs. Our policy for issuing CO's
allows more flexibility in their issue than GOBs, particularly when other revenues
are anticipated to assist in debt service.
The General Obligation debt issue is planned to provide resources for street and traffic
signal projects, sidewalk improvements, hike and bike trails, parks and park facilities
improvements and design of fire station #6 totaling $3,335,000.
The Certificates of Obligation debt issue is planned to provide resources for technology
projects, cemetery development projects, master planning and design of the convention
center and a portion of the land acquisition, Twin Oaks landfill project, electric and water
improvements and debt issuance costs totaling $31,315,000.
Budget & Financial Summary: Staff reviewed the impact of these debt issues on the
City's ability to meet debt service requirements and the effect they may have either on ad
valorem tax or utility rates. The recommendation to move forward with this issue will not
impact the ad valorem rate or the utility rates.
Attachments:
1. Resolution Approving Notices of Sale, Preliminary Official Statements and related
materials for the Sale of "City of College Station, Texas General Obligation
Improvements Bonds, Series 2009", and "City of College Station, Texas Certificates
of Obligation, Series 2009" including selection of a date for opening bids.
2. Preliminary Official Statement dated July 2009, General Obligation bonds, Series
2009 and Certificates of Obligation, Series 2009. (Available in City Secretary's
Office)
3. Notice of Sale and Bidding Instructions, General Obligation Bonds, Series 2009.
4. Notice of Sale and Bidding Instructions, Certificates of Obligation, Series 2009.
RESOLUTION APPROVING NOTICES OF SALE, PRELIMINARY OFFICIAL
STATEMENTS, AND RELATED MATERIALS FOR THE SALE OF "CITY OF
COLLEGE STATION, TEXAS GENERAL OBLIGATION WROVEMENT BONDS,
SERIES 2009" AND "CITY OF COLLEGE STATION, TEXAS CERTIFICATES OF
OBLIGATION, SERIES 2009", INCLUDMG SELECTION OF A DATE FOR
OPENING BIDS
WHEREAS, the City Council of the City of College Station, Texas (the "Council") has
determined that it is in the best interest of the City of College Station, Texas (the "City") to issue its
General Obligation Improvement Bonds, Series 2009 in the principal amount of $3,335,000, and its
Certificates of Obligation, Series 2009 in the principal amount of $31,315,000 (collectively, the
"Obligations") for purposes described in the below described documents as soon as possible;
WHEREAS, the City's Chief Financial Officer, the City's Financial Advisor, and the City's Bond
Counsel are prepared to distribute necessary documents for such sale on a competitive bid basis;
NOW, THEREFORE, BE lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS THAT:
1. The Official Notices of Sale, including the Official Bid Forms, and the Preliminary Official
Statements for each series of Obligations, substantially in the forms attached hereto are hereby approved,
and the Chief Financial Officer of the City and the Financial Advisor are authorized to distribute same
among entities which would be interested in bidding on the Obligations and other interested persons.
2. The Chief Financial Officer of the City and the Financial Advisor are authorized to apply to
rating agencies for ratings on the Obligations and to bond insurance companies for possible insurance of
the payment of the Obligations and to make presentations to them and provide to such entities the
information reasonably requested by them.
3. The Council hereby deems the Preliminary Official Statements to be final in compliance with
Rule 15c2-12 of the Securities and Exchange Commission.
4. The Council hereby authorizes its advisors, the Chief Financial Officer of the City, and its
members to do all things necessary to sell the Obligations on July 9,2009.
PASSED AND APPROVED THIS 1 lTH DAY OF JUNE, 2009.
Ben White, Mayor Connie Hooks, City Secretary
(SEAL)
APPROVED:
EXHIBIT A
OFFICLAL NOTICES OF SALE
EXHlBlT B
PRELIMINARY OFFICIAL STATEMENTS
NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
$3,335,000
CITY OF COLLEGE STATION, TEXAS
(a Home Rule City located in Blazos County, Texas)
GENERAL OBLIGATION IMPROVEMENT BONDS, SERlES 2009
SEALED BIDS DUE THURSDAY, JULY 9,2009, AT 11:OO A.M., CDST
THE BONDS WILL NOT BE DESIGNATED AS "OUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR FINANCIAL INSTITUTIONS.
THE SALE
The City of College Station, Texas (the -'City1') is offering for sale its $3335,000 General Obligation Improvement Bonds, Series
2009 (the "Bonds"). Bidders may submit bids for the Bonds by any of the following methods:
(I) Deliver bids directly to the City as described below in "Bids Delivered to the City;"
(2) Submit bids electronically as described below in '-Electronic Bidding Procedures;" or
(3) Submit bids by telephone or facsimile as described below in "Bids by Telephone or Facsimile."
Sealed bids, plainly marked '-Bid for Bonds," should be addressed to --Mayor and City Council, City of College Station, Texas,"
and delivered in care of Drew Masterson, First Southwest Company, 1021 Main Street. Suite 2200, Houston. Texas 77002. prior
to 1 I:00 A.M. CDST, on the date of the bid opening. All bids must be submitted on the Official Bid Form. without alteration or
interlineation.
Any prospective bidder that intends to submit an electronic bid IIILIS~ s~~b~nit its electronic bid through the facilities of the Parity
Electronic Bid Submission System ("PARITY"). Subscription to the i-Deal LLC's BIDCOMP Competitive Bidding System is
required in order to submit an electronic bid. The City will neither confirm any subscription nor be responsible for the failure of
any prospective bidder to subscribe. Bidders submitting an electronic bid shall not be required to submit Official Bid Forms
in the form attached to this Notice of Sale.
An electronic bid made through the facilities of PARITY shall be deemed an irrevocable offer to purchase the Bonds on the terms
provided in this Notice of Sale, and shall be binding upon the bidder as if made by a signed, sealed bid delivered to the City. The
City shall not be responsible for any malfunction or mistake made by, or as a result of the use of the facilities of. PARITY, the
use of such facilities being the sole risk of the prospective bidder.
If any provisions of this Notice of Sale shall conflict with information provided by PARITY as the approved provider of
electronic bidding services, this Notice of Sale shall control. Further information about BIDCOMPIPARITY, including
any fee charged, may be obtained from BIDCOkIPIPARITY Customer Support, 40 CV. 23rd Street, 5th Floor, New York,
New York 10010, telephone: (212) 404-4102.
For purposes of both the written sealed bid process and the electronic bidding process. the time as maintained by i-Deal shall
constitute the official time. For information purposes only, bidders are requested to state in their electronic bids the true
interest cost to the City, as described under "Basis of Award" below. All electronic bids shall be deemed to incorporate
the provisions of this Notice of Sale and the Official Bid Form.
Bidders must submit, on or before Thursday. July 9, 2009, two signed Official Bid Fonns plus an envelope marked as described
above to Drew Masterson, First Southwest Company, 102 1 Main Street, Suite 2200. Houston, Texas 77002, and submit their bid
by telephone or facsinlile on the date of the sale.
Telephone bids will be accepted at (713) 654-8654. between 10:OO A.M. and 10:45 A.M., CDST
Facsimile bids must be received between 10:OO A.M. and ll:00 A.M.. CDST on tlie date of tlie sale at (713) 654-8658. attention
Drew Masterson.
Tlie City and First Southwest Company are not responsible if such telephone'or facsitiiile numbers are busy which prevents a bid
or bids fro111 being submitted on a timely basis. First Southwest Company will not be responsible for submitting any bids
received after the above deadlines. The City and First Southwest Company assume no responsibility or liability with respect to
any irregularities associated with the submission of bids if telephone or facsimile options are exercised.
The bids for the Bonds will be publicly opened and read in the office of First So~~tliwest Company. Financial Advisor to tlie City.
1021 Main Street, Suite 2200, Houston, Texas 77002, at 11:OO A.M. CDST. Thursday. July 9.2009.
The City Council will take action to award the Bonds (or reject all bids) at a meeting scheduled to convelie at 7:00 P.M.. CDST,
on tlie date of the bid opening, and adopt an ordinance authorizing tlie Bonds and approving the Official Statement (the
"Ordinance").
THE BONDS
DESCRIPTION. . . Tlie Bonds will be dated Suly 15, 2009 (the "Dated Date"). Interest will accrue from tlie Dated Date and will be
due on Febn~aly 15, 2010, and each August 15 and February 15 and thereafter until the earlier of maturity or prior redeniption. The
Bonds will be issued only in fi~lly registered form in any integral multiple of $5,000 for any one maturity. Tlie Bonds will mature on
February 15 in each year as follows:
MATURITY SCHEDULE
Principal Principal
Year Amount Year Amount
OPTIONAL REDE~IPTION . . . Tlie City reserves the right, at its option, to redeem Bonds having stated maturities on and after
February 15, 2020, in whole or in part in principal amounts of $5,000 or any integral niultiple thereof. on February 15, 2019. or
any date thereafter, at tlie par value thereof plus accn~ed interest to tlie date fixed for reclemption.
SERIAL BONDS AND/ORTER~~ BONDS. . . Bidders may provide tliat all of tlie Bonds be issued as serial bonds or luay provide tliat
any two or more consecutive annual principal amounts be combined into one or more tenii bonds.
NIANDATORY SINKING FUND REDE~IPTION . . . If the successful bidder elects to alter the Maturity Schedule reflected above and
convert principal amounts of the Serial Bonds into "Term Bonds." sucli "Tern1 Bonds" shall be subject to ~iiandatory redemptio~i on
the first February 15 next following the last maturity for Serial Bonds, and annually thereafter on each February 15 until the slated
maturity for the Tenn Bonds at tlie redemption price of par plus accrued interest to the date of redemption. Tlie principal amounts of
[lie Temi Bonds to be redeemed on each mandatory redemption date shall be the principal amounls tliat would have been due and
payable in tlie Maturity Schedule shown above had no designation of sucli maturities as Te~ni Bonds occu~red. At least thirty (30)
days prior to each mandatory redemption date. the Paying AgenURegistrar shall select by lot tlie Tern1 Bonds to be redeemed and
cause a notice of redemption to be given in the manner provided in the Oflicial Statement.
The principal amount of the Term Bonds required to be redeemed pursuant to the operation of such ~iiandatory redemption
provisions may be reduced, at the option of the City, by the principal amount of the Term Bonds of the same maturity which at least
fifty (50) days prior to a mandatory redemption date (i) shall have been acquired by the City at a price not exceeding the principal
amount of such Term Bonds plus accrued interest to the date of purchase and delivered to the Paying AgenURegistrar for
cancellation or (ii) shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a
mandatory redemption requirement.
BOOK-ENTRY-ONLY SYSTEM . . . Tlie City intends to utilize the Book-Ent~y-Only System of The Depository Trust Company
("DTC"). See --THE OBLIGATIONS - BOOK-ENTRY-ONLY SYSTE~VI" in the Official Statement.
PAYING AGENT/REGISTR~~H . . .The initial Paying AgenURegistrar shall be The Bank of New York Mellon Trust Company.
N.A.. Dallas, Texas. See "THE OBLIGATIONS - PAYING AGENT/REGISTRAR" in the Official Statement.
SOLIRCE OF PAYMENT . . . Tlie Bonds constitute direct obligations of tlie City: payable from the levy and collection of a direct and
continuing ad valorem taxl within the limits prescribed by law, on all taxable property located within the City.
Further details regarding tlie Bonds are set forth in the Official Statement.
CONDITIONS OF THE SALE
TYPE OF BIDS AND INTEREST RATES. . . Tlie Bonds will be sold in one block on an "All or None" basis. and at a price of not less
t11a11 their par value plus accrued interest from date of the Bonds to the date of delivery of the Bonds. A premium bid in excess of
0.5% of the par amount of the Bonds will not be accepted. Bidders are invited to name the rate(s) of interest to be borne by the
Bonds, provided that each rate bid must be in a multiple of 118 of 1% or 11100 of 1% and the net effective interest rate niust not
exceed 15%. The highest rate bid may not exceed the lowest rate bid by Inore than 2% in rate. Using the interest rate established
for the Februa~y 15. 2019 n~aturity as the base year, interest rates for successive maturities shall be structured in ascending order
such that for each succeeding maturity, rates shall be equal to or greater than the interest rate for the maturity of the preceding
year. All Bonds of one ~naturity must bear one and the same rate. No bids involving supplemental interest rates will be
considered. Each bidder shall state in the bid the tnle interest cost which sliall be considered informative only and not as a part of
the bid.
BASIS FOR AWARD . . .The sale of the Bonds will be awarded to the bidder making a bid that confonns to the specifications
herein and which produces the lowest Tl-t~e Interest Cost rate to the City. The Tn~e Interest Cost rate is that rate which, when
used to compute the total present value as of the Dated Date of all debt service payments OII the Bonds on the basis of semi-
annual compounding, produces an amount equal to the sum of the par value of the Bonds plus any premium bid, if any (but not
interest accr~~ed from the Dated Date to the date of their delivery). In the event of a bidder's error in interest cost rate
calculationsl the interest rates. and premium, ifany, set forth in the Official Bid Form or electronically submitted bid form will be
considered as the intended bid.
GOOD FAITH DEPOSIT. . . A Good Faith Deposit: payable to the -'City of College Station. Texas," in the amount of $66.700.00 is
required. Such Good Faith Deposit shall be a bank cashier's check or certified check. which is to be retained i~~lcaslled by the City
pending the lnitial Purchaser's compliance with the tenns of the bid and the Notice of Sale and Bidding Instructions. The Good Faith
Deposit may accompany the Official Bid Foml or electronically submitted bid fomi, or it may be submitted separately. If submitted
separately. it shall be made available to the City prior to tlie opening of the bids, and shall be accompanied by instructions from the
bank on which drawn which authorize its use as a Good Faith Deposit by the Initial Purchaser who sliall be named in such
inst~uctions. The Good Faith Deposit of the lnitial Purchaser will be returned to the lnitial Purchaser upon payment for the
Bonds. No interest will be allowed on the Good Faith Deposit. In the event the Initial Purchaser should fail or refuse to take up and
pay for the Bonds in accordance with the bid, then said check shall be cashed and accepted by the City as fill1 and complete
liquidated damages. The checks accompanying bids other than the winning bid will be returned immediately after the bids are
opened, and an award of the Bonds has been made.
DELIVERY OF THE BONDS AND ACCOWIPANYING DOCIJWIENTS
CIlSlP NLI~IBERS. . . It is anticipated that CUSlP identification numbee will appear on the Bonds. but neither the failure to print or
type such number on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Initial Purchaser
to accept delivery of and pay for the Bonds in accordance with the tenns of this Notice of Sale and Bidding Instructions and the
tem~s of the Official Bid Forn~. All expenses in relation to the printing or typing of CUSIP numbers on the Bonds shall be paid by
the City: provided. however. that the CUSlP Service Bureau charge for tlie assignment of the numbers shall be the responsibility or
and shall be paid for by the lnitial Purchaser.
DELIVERY OFBONDS. . . lnitial delivery will be accomplished by the issuance of one bond for each maturity (also called the "Initial
Bonds"). either in typed or printed form. in the aggregate principal amount of $3.335.000. payable to the lnitial Purchaser. signed by
the Mayor and City Secretmy. approved by the Attorney General, and registered and rnan~~ally signed by the Co~nptroller of Public
Accounts. Upon delivery of the lnitial Bonds, they sliall be immediately cancelled and one definitive Bond for each maturity will be
registered and delivered only to Cede & Co.. and deposited with DTC in connection with DTC's Book-Entry-Only System. Delivery
will be at the principal office of the Paying AgenURegistrar. Payment for the Bonds must be made in immediately available funds
for unconditional credit to tlie City, or as otherwise directed by the City. The Initial Purchaser will be given six business days' notice
of the time tixed for delivery of the Bonds. It is anticipated that delivery of the Bonds can be made on or about August 6,2009 and it
is understood and agreed that the lnitial Purchaser will accept delivery and make payment for the Bonds by I I:00 A.M., CDST, on
August 6. 2009? or thereafter on the date the Bonds are tendered for delivery, up to and including September 3, 2009. If for any
reason the City is unable to make delivery on or before September 3, 2009, tlie City shall immediately contact the lnitial Purchaser
and offer to allow the Initial Purchaser to extend its offer for an additional thirty days. If the Initial Purchaser does not elect to extend
its offer within six days thereafter. then its Good Faith Deposit will be returned, and both the City and the lnitial Purchaser shall be
relieved of any further obligation. In no event shall the City be liable for any damages by reason of its failure to deliver the Bonds.
provided such failure is due to circumstances beyond the City's reasonable control.
CONDITIONS TO DELIVERY . . .The obligation of the Initial Purchaser to take up and pay for the Bonds is sub.ject to the Initial
Purchaser's receipt of (a) the legal opinion of McCall. Parkhurst & Horton L.L.P., Bond Counsel. Dallas. Texas. Bond Counsel for
the City (--Bond Counsel"), (b) the no-litigation certificate. and (c) the certification as to the Official Statement. all as further
described in the Official Statement.
In order Lo provide the City with infomlation required to enable it to cotnply with certain conditions of the Internal Revenue Code of
1986 relating to the exe~nption of interest on the Bonds from the gross income of their owners. the Initial Purchaser \\fill be required
to complete. execute. and deliver to the City (on or before the 6th business day prior to the delivery of the Bonds) a certification as to
their -'issue price" substantially in the form and to the effect attached hereto or accompanying this Notice of Sale and Bidding
Instructions. In the event the successf~~l bidder will not reoffer the Bonds for sale, such bond may be modified in a manner approved
by the City. In no event will the City fail to deliver the Bonds as a result of the lnitial Purchaser's inability to sell a substantial
amount of the Bonds at a particular price prior to delivery. Each bidder, by submitting its bid, agrees to complete, execute. and
deliver such a certificate by the date of delivery of the Bonds, if its bid is accepted by the City. It will be the responsibility of the
lnitial Purchaser to institute such syndicate reporting requirements to make such investigation. or othe~wise to ascertain the facts
necessary to enable it to make such certification with reasonable certainty. Any questions concerning such certification should be
directed to Bond Counsel.
LEGAL OPINIONS. . . The Bonds are offered when, as and if issued; subject to the approval of the Attorney General of the State
of Texas. Delivery of and payment for the Bonds is subject to the receipt by the Initial Purchaser of opinions of Bond Counsel, to
the effect that the Bonds are valid and binding obligations of the City and that the interest on the Bonds will be excludable from
gross income for federal income tax purposes under existing law; subject to the matters described under '-TAX MATTERS" in
the Official Statement. including the alternative minimum tax on corporations. With respect to the transactions described in the
Official Statement, Bond Counsel represents only the City.
CCIANGE IN TAX EXEMPT STATLIS . . . .At ally time before the Bonds are tendered for delivery. the lnitial Purchaser may
withdraw its bid if the interest received by private holders on obligations of the same type and character shall be declared to be
includable in gross income under present federal income tax laws, either by ruling of the Internal Revenue Service or by a
decision of any Federal court, or shall be declared taxable or be required to be taken into account in computing any federal
income taxes. by the terms of any federal income tax law enacted subsequent to the date of this Notice of Sale and Bidding
Instructions.
GENERAL
FINANCIAL ADVISOR . . . First So~~th\vest Company is einpIoyed as Financial Advisor to the City in connection with the issuance
of the Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent upon the
issuance and delivery of the Bonds. First Southwest Company has agreed. in its Financial Advisory contract. not to bid for the
Bonds. either independently or as a member of a syndicate organized to submit a bid for the Bonds. First Southwest Company. in
its capacity as Financial Advisor. has relied on the opinion of Bond Counsel and has not verified and does not assume any
responsibility for the information. covenants and representations contained in any of the legal documents with respect to the
federal income tax status of the Bonds, or the possible impact of any present. pending or future actions taken by any legislative or
.judicial bodies.
BLLIE Sky LAWS. . . By submission of its bid. the lnitial Purchaser represents that the sale of the Bonds in states other than Texas
will be made only pursuant to exemptions from registration or. where necessary, the Initial Purchaser will register the Bonds in
accordance \vith the securities la\\$ of the states in which the Bonds are offered or sold. The City agrees to cooperate with the
Initial Purchaser. at the Initial Purchaser's written request and expense. in registering the Bonds 01. obtaining an exemption from
registration in any state uhere such action is necessary, provided. however. that the City shall not be obligated to execute a
general or special consent to service of process in any such jut.isdiction.
NOT AN OFFER TO SELL. . . -rhis Notice of Sale and Bidding Instructions does not alone constitute an ofl'er to sell the Bonds. but
is merely notice of the sale of the Bonds. The offer to sell the Bonds is being made by means of the Notice of Sale and Bidding
Instructions. the Official Bid Foml and the Official Statement. Prospective purchasers are urged to carefi~lly examine the Official
Statement to determine the investment quality of the Bonds.
ISSLII\NCE OF ADDITIONAL DEBT . . . Conc~~rrently with the sale of the Bonds. the City is offkring for sale its $26.295.000
Certificates of Obligation, Series 2009. which are secured in part by a pledge of ad valorem taxes. Thereafter. the City does not
anticipate the issuance of additional obligations payable from ad valorem taxes within the next 12 months.
RATINGS. . Tlie presently outstanding tax supported debt of the City is rated "Aa3" by Moody's Investors Service ("Moody's")
and -'AA" by Standard & Poor's Ratings Services. a Division of The McGraw-Hill Companies, Inc. ('-S&P"), \vitIiout regard to
credit enhancement Applications for contract ratings on this issue have been made to Moody's and S&P
WILINICIPAL BOND INSURANCE . . . In the event the Bonds are qualified for ~nunicipal bond insurance. and the Purchaser desires to
purchase such insurance. the cost therefore will be paid by the lnitial Purchaser. Any fees to be paid to the rating agencies as a
result of said insurance will be paid by the City. It will be the responsibility of the lnitial Purchaser to disclose the existence of
insurance. its tenns and the effect thereof with respect to the reoffering of the Bonds. Any rating downgrade by Moody's, S&P.
or Fitch Ratings, respectively, of the bond ins~irance provider after the Bid Opening shall not relieve the lnitial Purchaser of its
obligation under the heading "DELIVERY OF THE BONDS AND ACCOMPANYING DOCUMENTS".
THE OFFICI,\L STATEMENT .AND COMPLIANCE WITH SEC RLILE 15~2-12 . . The City has prepared the accompanying Official
Statement and. for the limited purpose of complying with SEC Rule 15c2-12; deems such Official Statement to be final as of its
date within the meaning of such Rule for the purpose of review prior to bidding. To the best knowledge and belief of the City.
the Official Statement contains information, including financial information or operating data, concerning every entity.
enterprise. fi~nd. account. or person that is material to an evaluation of the offering of the Bonds. Representations made and to be
made by the City concerning the absence of material ~nisstatemellts and omissions in the Official Statement are addressed
elsewhere in this Notice of Sale and Bidding Instructions and in the Official Statement.
The City will furnish to the lnitial Purchaser, or Initial I'urchasers, acting through a designated senior representative, in
accordance with instructions received from the Initial Purchaser(s), within seven (7) business days from the sale date an
aggregate of 150 copies of the Ofticial Statement reflecting interest rates and other terms relating to the initial reoffering of the
Bonds. Tlie cost of a reprinted Official Statement: if the lnitial Purchaser(s) shall so elect, and the cost of any Official Statement
in excess of the number specified shall be prepared and distributed at the cost of the lnitial Purcliaser(s). The Initial Purchaser(s)
shall be responsible for providing in writing the initial reoffering prices and other ten~ls: if any, to the Financial Advisor by the
close of the next business day after the award. Except as noted above, the City assumes no responsibility or obligation for the
distribution or delivery of any copies of the Official Statement in connection with the offering or reoffering of the Bonds.
CONTINLIING DISCI.OSLIRE AGREEWIENT . . . Tlie City will agree in the Ordinance to provide certain periodic infomiation and
notices of material events in accordance with SEC Rule 15~2-12, as described in the Official Statement under "Continuing
Disclosure of Information". The lnitial Purchaser(s') obligation to accept and pay for the Bonds is conditioned upon delivery to
the Initial Purchaser(s) or (their) agent of a certitied copy of the Ordinance containing the agreement described under such
heading.
CO~~PL~ANCE WITH PRIOR I~NDERT.AKINGS.. . During the last five years. the City has complied in all material respects wit11 all
continuing disclosure agreements made by it in accordance with SEC Rule 15c2-12.
ADDITIONAL COPIES OF NOTICE OF SALE, BID FORM AND OFFICIAL STATEMENT. . . A limited number of additional copies of
this Notice of Sale and Bidding Instn~ctions, the Official Bid Form and the Official Statement, as available over and above the
norn~al mailing. may be obtained at the offices of First Southwest Company, 1021 Main Street. Suite 2200, I-louston. Texas
77002. Financial Advisor to the City.
The City COLIIIC~~ has approved the fonn and content of the Notice of Sale and Bidding Instructions. the Official Bid Fonn and
Official Statement. and autl~orized tllc use thereof in its initial offering of the Bonds. On the date of the sale. the City Council
will, in the Ordinance authorizing the issuance of tlie Bonds, confinn its approval of the foml and content of the Official
Statement. and any addenda. supplement or amendment thereto. and authorize its use in the reoffering of the Bonds by the lnitial
Purchaser.
Mayor
City of College Station. Texas
ATTEST:
City Secretary
Honorable Mayor and City Council
City of College Station: Texas
OFFICIAL BID FORRI
July 1, 2009
Members of the City Council:
Reference is made to your Official Statement and Noticc of Sale and Bidding Instructions. dated July I. 2009 of $3.335.000 CITY
OF COLLEGE STATION. TEXAS GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 2009 (the "Bonds"). both of
whicl~ constitute a part hereof.
For your legally issued Bonds, as described in said Notice of Sale and Bidding Instructions and Official Statement. we will pay you
par and accrued interest from date of issue to date of deliver) to us. plus a cash premium of$ for Bonds maturing
and bearing interest as follows:
Maturity
Feb 15 Principal
2010 $ 95,000
201 1 105,000
2012 1 10,000
2013 120.000
2014 120.000
2015 130.000
2016 130.000
2017 140.000
2018 155.000
2019 155,000
Interest Maturity Interest
Rate Feb 15 Principal Rate
Of the principal ~naturities set fortli in the table above. term bonds have been created as indicated in the following table (wliicli
[nay include multiple term bonds, one term bond or no ten11 bond if none is indicated). For those years which have been
combined into a tenn bond, the principal amount sliown in the table above shall be the mandatory sinking fund redemption
amounts in such years except that the amount sliown in the year of the term bond rnaturity date shall mature in such year. The
term bonds created are as follows:
Year of Principal
Tenn Bond First Mandatory Amount of Interest
Maturity Date Redemption Tenn Bond Rate
$ Yo
$ 'Yo
Our calc~~lation (wliicli is not a part of this bid) of tlie interest cost from tlie above is:
TRUE INTEREST COST 'Yo
We are having the Bonds of the following ~naturities insured by at a
premium of $ . said premium to be paid by the Initial Purchaset-. Any fees to be paid to the rating agencies
as a result of said insurance will be paid by the City.
Tlie Initial Bonds shall be registered in the name of' . which will. upon payment for t11c
Bonds. be cancelled by the Paying AgentIRegistrar. The Bonds will then be registered in the name of Cede & Co. (DTC's
partnership nominee). under the Book-Entry-Only System.
A bank cashier's check or certified check of the Bank, . in the amount of
$66,700.00. which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of
this bid). and is submitted in accordance with the terms as set fortli in tlie Official Statement and Notice of Sale and Bidding
Instn~ctions.
We agree to accept delivery of the Bonds utilizing tile Book-Entry-Only System through DTC and make payment for the Initial
Bonds in immediately available funds at The Bank of New York Mellon Tn~st Company. N.A.. Dallas. Texas. not later than 11:OO
A.M.. CDST. on Thursday. August 6. 2009 or thereafter on the date the Bonds are tendered for delivety. pursuant to the tenns set
forth in the Notice of Sale and Bidding Instn~ctions. It will be the obligation of the Initial Purchaser of the Bonds to conlplete the
DTC Eligibility Questionnaire.
The undersigned agrees to complete, execute. and deliver to the City, at least six business days prior to delivery of the Bonds: a
certificate relating to the "issue price" of the Bonds in the foml and to the effect acconlpanying the Notice of Sale ant1 Bidding
Instructions, with such changes thereto as may be acceptable to the City.
We agree to provide in writing the initial reoffering prices ant1 other terms, if any, to the Financial Advisor by the close of the
nest business day after the awartl.
Respectfully submitted. Syndicate Members:
Name of Underwriter or Manager
Authorized Representative
Phone Number
Signature
ACCEI'TANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of College Station. Texas. subject to and in accordance with
the Notice of Sale and Bidding Instn~ctions, this the day of .2009.
ATTEST:
Mayor
City of College Station: Texas
City Secreta~y
ISSUE PRICE CERTIFICATE
The undersigned hereby certifies wit11 respect to the sale of CITY OF COLLEGE STATION. TEXAS GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2009 (the --Bonds"). issued in aggregate principal amount of $3.335,000. as
follows:
1. The undersigned is the underwriter or the manager of the syndicate of undenvriters ~\,l~icl~ has purchased the Bonds from the
City of College Station, Texas (the -'Issuer") at competitive sale.
2. The undersigned andlor one or more other members of the lundenvriting syndicate: if anyl have made a bona tide offering to
the public of the Bonds of each maturity at the respective prices set forth below.
3 The initial offering price (expressed as a percentage of principal amount or yield and exclusive of accrued interest) for the
Bonds of each maturity at which a substantial amount of the Bonds of such maturity was sold to the public is as set forth
below:
Initial Initial
Due Offering Due Offering
Principal Feb 15 Price Principal Feb 15 Price
$ 95.000 2010 % $ 160,000 2020 %
105,000 201 1 175.000 2021
ll0,OOO 2012 180.000 2022
120,000 2013 195.000 2023
120.000 2014 200.000 2024
130,000 2015 210,000 2025
130.000 2016 220.000 2026
140.000 2017 225,000 2027
155.000 2018 250.000 2028
155.000 2019 260.000 2029
4. The term "public," as used herein, means persons other than bondl~ouses. brokers. dealers, and similar persons or
organizations acting in the capacity of underwriters or wholesalers.
5. The offering prices described above reflect current market prices at the time of sucli sales.
6. The undersigned andlor one or more other members of the i~nde~writing syndicate. as the case may be, (have)(have not)
purchased bond insurance for the Bonds. The bond insurance, if any, has been purchased from
(the "Insurer") for a premium cost of $ (net of any nonguarantee cost. e.g.. rating agency fees). The
amount of such cost is set forth in the Insurer's commitment and is separately stated from all other fees or charges payable to the .? Insurer. I he prennium does not exceed a reasonable charge for the transfer of credit risk taking into account payments charged by
guarantors in comparable transactions (including transactions in which a guarantor has no involvement other than as a guarantor).
.fhe present value of the debt service savings expected to be realized as a result of such insurance. discounted at a rate equal to
the yield on the Bonds which results after recovery of the insurance premi~~m. exceeds the present value of the bond insurance
premium.
7. The undersigned understands that the statements made herein will be relied upon by the Issuer in its effort Lo comply with the
conditions imposed by the Internal Revenue Code of 1986. as amended. on Llie excludability of interest on the Bonds from the
gross income of their owners.
EXECUTED and DELIVERED this day of .2009
(Name of Undenvriler or Manager)
(Title)
NOTICE OF SALE
AND
BIDDING INSTRllCTlONS
$31,315,000
CITY OF COLLEGE STATION, TEXAS
(a Home Rule City located in Brazos County, Texas)
CERTIFICATES OF OBLIGATION, SERIES 2009
SEALED BIDS DUE THURSDAY, JULY 9,2009, AT 11 :00 A.M., CDST
THE CERTlFlCATES WILL NOT BE DESIGNATED AS "OUALIFIED TAX-EXEMPT OBLIGATIONS"
FOR FINANCIAL INSTITUTIONS.
THE SALE
The City of College Station. Texas (the "City") is offering for sale its $31,315,000 Certificates of Obligation. Series 2009 (the
"Certificates"). Bidders may submit bids for the Certificates by any of the following methods:
(1) Deliver bids directly to the City as described below in "Bids Delivered to the City;"
(2) Submit bids electronically as described below in "Electronic Bidding Procedures;" or
(3) Submit bids by telephone or racsimile as described below in '-Bids by Telephone or Facsimile."
BIDS DELIVEREDTO THE CITY
Sealed bids. plainly marked "Bid for Certificates." should be addressed to "Mayor and City Council. City of College Station,
Texas." and delivered in care of Drew Masterson. First Southwest Company, 1021 Main Street. Suite 2200. Houston, Texas
77002, prior to 11:OO A.M., CDST, on the date of the bid opening. All bids must be submitted on the Official Bid Fonii. without
alteration or interlineation.
Any prospective bidder that intends to submit an electronic bid must submit its electronic bid through the facilities of the Parity
Electronic Bid Submission System ("PARITY"). Subscription to the i-Deal LLC's BIDCOMP Competitive Bidding System is
required in order to submit an electronic bid. The City will neither confirm any subscription nor be responsible for the failure of
any prospective bidder to subscribe. Bidders submitting an electronic bid shall not be required to submit Official Bid Forms
in the form attached to this Notice of Sale.
An electronic bid made through the facilities of PARITY shall be deemed an irrevocable offer to purchase the Certificates on the
terms provided in this Notice of Sale, and shall be binding upon the bidder as if made by a signed, sealed bid delivered to the
City. The City shall not be responsible for any malfunction or mistake made by, or as a result of tlie use of the facilities of.
PARITY. the use of such facilities being tlie sole risk of the prospective bidder.
If any provisions of this Notice of Sale shall conflict with information provided by PARITY as the approved provider of
electronic bidding se~~,ices, this Notice of Sale shall control. Further information about BIDCOMPIPARITY, including
any fee charged, may be obtained from BIDCOMP/PARITY Customer Support, 40 W. 23rd Street, 5th Floor, New York,
New l'ork 10010, telephone: (212) 104-1102.
For purposes of both the written sealed bid process and the electronic bidding process, the time as maintained by i-Deal shall
constitute the official time. For information purposes only, bidders are requested to state in their electronic bids the true
interest cost to the City, as described under "Basis of Award" below. All electronic bids shall be deemed to incorporate
the provisions of this Notice of Sale and the Official Bid Form.
Bidders must submit, on or before Thursday, July 9. 2009. two signed Official Bid Forms plus an envelope marked as described
above to Drew Masterson, First Southwest Company. 1021 Main Street. Suite 2200. I-louston. Texas 77002, and submit their bid
by telephone or facsimile on the date of the sale.
Telephone bids will be accepted at (713) 654-8654. between 10:OO A.M. and 10:45 A.M., CDST.
Facsimile bids nus st be received between 10:OO A.M. and 1l:OO A.M.. CDST on the date of the sale at (713) 654-8658. attention
Drew Masterson.
The City and First Southwest Company are not responsible if such telephone or facsimile numbers are busy which prevents a bid
or bids from being submitted on a timely basis. First Southwest Company will not be responsible for submitting any bids
received after the above deadlines. The City and First Southwest Company assume no responsibility or liability with respect to
any irregularities associated with the submission of bids if telephone or facsimile options are exercised.
The bids for the Certificates will be publicly opened and read in the office of First Southwest Company, Financial Advisor to the
City, 1021 Main Street, Suite 2200, Houston. Texas 77002, at 11:OO A.M. CDST, Thursday, July 9.2009.
AWARDOF THE CERTIFICATES
The City Council will take action to award the Certificates (or reject all bids) at a meeting scheduled to convene at 7:00 P.M.,
CDST, on the date of the bid opening. and adopt an ordinance authorizing the Certificates and approving the Official Statement
(the "Ordinance").
THE CERTIFICATES
DESCRIP~ION . . . The Certificates will be dated July 15, 2009 (the "Dated Date"). Interest will accrue From the Dated Date and will
be due on Febn~a~y 15, 2010, and each August 15 and February 15 and thereafter until the earlier of maturity or prior redemption.
The Certificates will be issued only in fi~lly registered foml in any integral multiple of $5.000 For any one maturity. The Certificates
will mature on February 15 in each year as follows:
MATCIRITY SCHEDULE
Year
2010
201 1
2012
2013
2014
2015
2016
201 7
2018
2019
Principal
Year
2020
202 1
2022
2023
2024
2025
2026
2027
2028
2029
Principal
Amount
$ 1.330,OOO
1,405,000
1.470,OOO
1,545,000
1,625,000
1.7 15.000
1,795,000
1.890,OOO
1.985.000
2.090.000
OPTIONAL REDEMPTION . . . The City reserves the right. at its option. to redecm Certificates having stated maturities on and
after February 15. 2020. in whole or in part in principal amounts of $5.000 or any integral multiple thereof. on Febr~~a~y 15. 20 19.
or any date thereafter, at the par value thereof plus accrued interest to the date fixed for redemption.
SERIAL CERTIFICATES AND/OR TERM CERTIFICATES.. . Bidders may provide that all of the Certificates be issued as serial
certificates or may provide that any two or more consecutive annual principal amounts be combined into one or more tern1
certificates.
~IANDATORY SINKING FOND REDEMPTION . . . If the successf~~l bidder elects to alter the Maturity Schedule reflected above and
convert principal amounts of the Serial Certificates into "Term Certificates." s~~ch -'Term Certificates" sl~all be subject to mandatory
redemption on the first February 15 next following the last matur~ty for Serial Certificates. and annually thereafter on each February
I5 until the stated matur~ty for the Term Certiticates at the redemption prlce of par plus accrued interest to the date of redemption.
The principal amounts of tlie Term Certificates to be redeemed on each mandatory redemption date shall be the principal amounts
that would have been due and payable in the Maturity Schedule shown above had no designation of such maturities as Term
Certificates occurred. At least thirty (30) days prior to each mandato~y redemption date. the Paying AgenVRegistrar shall select by
lot the Tenn Certificates to be redeemed and cause a notice of redemption to be given in the manner provided in the Official
Statement.
The principal amount of the Term Certificates required to be redeemed pursuant to the operation of such mandatory redemption
provisions may be reduced, at the option of the City. by the principal amount of the Tenn Certificates of the same maturity which at
least fifty (50) days prior to a mandatory redemption date (i) shall have been acquired by the City at a price not exceeding the
principal amount of such Term Certificates plus accrued interest to the date of purchase and delivered to the Paying AgenVRegistrar
for cancellation or (ii) shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a
mandatory redemption requirement.
BOOK-ENTRY-ONLY SYSTEM . . .The City intends to utilize the Book-Entry-Only System of The Depository Trust Company
("DTC"). See "THE OBLIGATIONS - BOOK-ENTRY-ONLY SYSTEM" in the Ofticia Statement.
PAYING ~CENT/REC~~TRAR . . .The initial Paying AgenVRegistrar shall be The Bank of New York Mellon Trust Company,
N.A.. Dallas, Texas. See '-THE OBLlGATIONS - PAYING AGENT/REGISTRAR" in the Official Statement.
SOURCE OF PAYMENT . . . The Certificates constitute direct obligations of the City: payable from a combination of (i) the levy and
collection of a direct and continuing ad valorem tax, within the li~nits prescribed by law, on all taxable property located within the
City. and (ii) a subordinate lien on and pledge of $1 :000 of tlie s~~rplus revenues derived fiom the City's combined ~~tility system.
Further details regarding the Certificates are set forth in tlie Ofticial Statement.
CONDlTfONS OFTHE SALE
TYPE OF BIDS AND ~NTEREST RATES.. . The Certificates will be sold in one block on an "All or None" basis. and at a price of
not less than their par value plus accrued interest from date of the Certificates to the date of delivery of the Certificates. A
premium bid in excess of 0.5% of the par amount of the Certificates will not be accepted. Bidders are invited to name the rate(s)
of interest to be borne by the Certificates, provided that each rate bid must be in a ~nultiple of 118 of 1% or 1/100 of I% and the
net effective interest rate must not exceed 15%. The highest rate bid may not exceed the lowest rate bid by more than 2% in rate.
Using the interest rate established for the February 15. 2019 maturity as the base year. interest rates for successive maturities
shall be structured in ascending order such that for each succeeding maturity. rates shall be equal to or greater than the interest
rate for the maturity of the preceding year. All Certificates of one maturity IIILIS~ bear one and the same rate. No bids involving
supplemental interest rates will be considered. Each bidder shall state in the bid the true interest cost which shall be considered
informative only and not as a part of tlie bid.
BASIS FOR AWARD. . . The sale of the Certificates will be awarded to the bidder making a bid that conforms to the specifications
herein and which produces the lowest Tn~e Interest Cost rate to the City. The True Interest Cost rate is that rate which. when
used to compute the total present value as of the Dated Date of all debt service payments on the Certificates on the basis of semi-
annual conipounding, produces an amount equal to the sum of the par value of the Certificates plus any premium bid. if any (but
not interest accrued from the Dated Date to the date of their delivery). In the evcnt of a biddcr's enor in interest cost rate
calculations. the interest rates, and prernium. if any. set tort11 in the Official Bid Foml or electronically submitted bid will be
considered as the intended bid.
GOOD FAITH DEPOSIT. . . A Good Faith Deposit, payable to the '-City of College Station. Texas." in the a~nount of $626.300.00 is
required. Such Good Faith Deposit shall be a bank cashier's check or certified check. \~liicli is to bc retained ~~ncasl~ed by the City
pending the Initial Purchaser's compliance with the tenm of the bid and the Notice of Sale and Ridding Instructions. The Good Faith
Deposit may accompany the Official Bid Form or electronically submitted bid. or it may be subnlitted separately. If submitted
separately. it shall be made available to the City prior to the opening of the bids. and shall be accompanied by inst~uctions fro111 the
bank on which drawn which authorize its use as a Good Faith Deposit by the lnitial Purchaser who shall be named in such
instructions. The Good Faith Deposit of the lnitial Purchaser will be returned to the lnitial Purchaser upon payment for the
Certificates. No interest will be allowed on the Good Faith Deposit. In the event the Initial Purcllaser should fail or refuse to take
up and pay for the Certificates in accordance with the bid. then said check shall be cashed and accepted by the City as fill1 and
complete liquidated damages. The checks accompanying bids other than the winning bid will be returned immediately after the bids
are opened, and an award of the Certificates has been made.
DELIVERY OF THE CERTIFICATES AND ACCOkIPANYINC DOCUMENTS
CllSlP NL~RIBERS. . . It is anticipated that CUSlP identification nu~nbers will appear 011 the Certificates. but neither the failure to
print or type such number on any Certificate nor any error with respect thereto shall constitute cause for a failure or refusal by the
Initial Purchaser to accept delive~y of and pay for the Certificates in accordance with the terms of this Notice of Sale and Bidding
Instructions and tlie ternls of the Official Bid Form. All expenses in relation to the printing or typing of CUSlP numbers on the
Certificates shall be paid by the City: provided. however, that the CUSlP Service Bureau charge for the assig~l~nent of the numbers
shall be tlie responsibility of and shall be paid for by the lnitial Purchaser.
DELIVERY OF CERTIFICATES . . . Initial delivery will be accon~plished by the issuance of one certificate for each maturity (also
called the '-Initial Certificates"), either in typed or printed form: in the aggregate principal amount of $3l,315:000, payable to the
Initial Purchaser. signed by the Mayor and City Secretary, approved by the Attorney General, and registered and manually signed by
the Comptroller of Public Accounts. Upon delivery of the Initial Certificates, they shall be immediately cancelled and one definitive
Certificate for each maturity will be registered and delivered only to Cede & Co., and deposited with DTC in connection with DTC's
Book-Entry-Only System. Delivery will be at the principal office of the Paying AgentIRegistrar. Payment for thc Certificates must
be made in immediately available funds for unconditional credit to the City, or as othenvise directed by the City. The Initial
Purchaser will be given six business days' notice of the time fixed for delivery of the Ce~tificates. It is anticipated that delivery of the
Certificates can be made on or about August 6; 2009 and it is understood and agreed that the Initial Purchaser will accept delivery
and make payment for the Certificates by 11:OO A.M., CDST, on August 6, 2009; or thereafter on the date the Certificates are
tendered for delivery, up to and including September 3, 2009. If for any reason the City is unable to make delivery on or before
September 3.2009. the City shall immediately contact the Initial Purchaser and offer to allo\v the lnitial Purchaser to extend its offer
for an additional thirty days. If the Initial Purchaser does not elect to extend its offer within six days thereafter, then its Good Faith
Deposit will be returned, and both Lhe City and the lnitial Purchaser shall be relieved of any further obligation. In no event shall the
City be liable for any damages by reason of its failure to deliver the Certificates, provided SLICII failure is due to circu~nstances
beyond the City's reasonable co~~trol.
CONDITIONS TO DELIVERY. . . The obligation of the lnitial Purchaser to take up and pay for the Certificates is subject to the lnitial
Purchaser's receipt of (a) the legal opinion of McCall, Parkhurst & Horton L.L.P.. Bond Counsel. Dallas. Teuas. Bond Counsel for
the City ("Bond Counsel"). (b) the no-litigation certificate, and (c) the certification as to the Official Statement. all as fi11t11er
described in the Oflicial Statement.
111 order to provide the City with information required to enable it to comply with certain conditions of the Intenla1 Revenue Code of
1986 relating to the exemption of interest on the Certificates from the gross income of their owners; the Initial Purchaser will be
required to complete, execute. and deliver to the City (on or before the 6th business day prior to the delive~y of the Certificates) a
certification as to their -'issue price" substantially in the form aid to the effect attached hereto or accompanying this Notice of Sale
and Bidding Instn~ctions. In the event the success~l bidder will not reoffer the Certificates for sale, such certificate may be modified
in a manner approved by the City. In no event will the City fail to deliver the Certificates as a result of the lnitial Purchaser's
inability to sell s substsntisl amount of the Certificates at a particular price prior to delive~y. Each bidder, by submitting its
bid, agrees to complete. execute, and deliver such a certificate by the date of delivery ofthe Certificates, if its bid is accepted by the
City. It will be the responsibility of the Initial Purchaser to institute sucll syndicate reporting requirements to make such
investigation, or otherwise to ascertain the facts necessary to enable it to make such certification with reasonable certainty. Any
questions concerning such certification should be directed to Bond Counsel.
LEGAL OPINIONS. . .The Certificates are offered when, as and if issued, subjecl to the approval ofthe Attorney General of the
State of Texas. Delivery of and payment for the Certificates is subject to the receipt by the Initial Purchaser of opinions of Bond
Counsel. to the effect that the Certificates are valid and binding obligations of the City and that the interest on the Certificates
will be excludable fro111 gross incolne for federal income tax purposes under existing law. subject to the matters described under
'*TAX MATTERS" in the Official Statement. including the alternative minimum tax on corporations. With respect to the
transactions described in the Official Statement, Bond Counsel represents only the City.
CHANCE IN TAX EXERIPT STATLIS . . . .At any time before the CerLificates are tendered for delivery. the Initial Purchaser may
withdraw its bid if the interest received by private holders 011 obligations of the same type and character shall be declared to be
includable in gross income under present federal income tax laws. either by ruling of the Intc~nal Revenue Service or by a
decision of any Federal court, or shall be declared tasable or be required to be taken into account in computing any federal
income taxes. by the terms of any federal income tax law enacted subsequent to the date of this Notice of Sale and Bidding
Instructions.
GENERAL
FINANCIAL ADVISOR . . . First Southwest Company is employed as Financial Advisor to the City in connection wit11 the issuance
of the Certificates. The Financial Advisor's fee for services rendered witli respect to the sale of the Certificates is contingent
upon the issuance and delivery of the Certificates. First Southwest Company has agreed. in its Financial Advisory contract, not
to bid tbr the Certificates; either independently or as a member of a syndicate organized to submit a bid for the Certificates. First
Southwest Company, in its capacity as Financial Advisor. has relied on the opinion of Bond Counsel and has not verified and
does not assume any responsibility for the information; covenants and representations contained in any of the legal documents
with respect to the federal income tax status of the Certificates, or the possible impact of any present, pending or f~~ture actions
taken by any legislative or judicial bodies.
BLUE SKY LAWS. . . By submission of its bid, the Initial Purchaser represents that the sale of the Certificates in states other than
Texas will be made only pursuant to exemptions from registration or: where necessary, the Initial Purchaser will register the
Certificates in accordance with the securities law of the states in which the Certificates are offered or sold. The City agrees to
cooperate with the Initial Purchaser, at the lnitial Purchaser's written request and expense. in registering the Certificates or
obtaining an exemption from registration in any state where such action is necessary, provided, however. that the City shall not
be obligated to execute a general or special consent to service of process in any such jurisdiction.
NOT AN OFFER TO SELL . . . This Notice of Sale and Bidding Instructions does not alone constitute an offer to scll the
Certificates. but is merely notice of the sale of the Certificates. The offer to sell the Certificates is being made by means of the
Notice of Sale and Bidding Instructions, the Official Bid Form and the Official Statement. Prospective pl~rchasers are urged to
carefi~lly examine the Official Statement to determine the investment quality of the Certificates.
ISSLIANCE OF ADDITIONAL DEBT . . . Concurrently witli the sale of the Certificates. the City is offering for sale its $3,335.000
General Obligation Improvement Bonds. Series 2009. which are secured by a pledge of ad valorem taxes. Thereafter. the City
does not anticipate the issuance of additional obligations payable from ad valorem taxes within the neut 12 monlhs.
RATINGS. . .The presently outstanding tax supported debt of tlie City is rated "Aa;" by Moody's Investors Service ("Moody's")
and --AA" by Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies. Inc. ('-S&P"). \\nitl~out regard to
credit enliance~nent. Applications for contract ratings on this issue have been made to Moody's and S&P.
MUNICIPAL BONU INSURANCE . . . In the event the Certificates are qualified for municipal bond insurance. and the I'urchaser
desires to purchase such insurance. the cost therefore will be paid by the Initial Purchaser. Any fees to be paid to the rating
agencies as a result of said insurance will be paid by the City. It will be the responsibility of the Initial Purchaser to disclose the
existence of insurance. its terms and the effect thereof with respect to the reoffering of the Certificates. Any rating downgrade by
Moody's, S&P, or Fitch Ratings. respectively. of the bond insurance provider after the Bid Opening shall not relieve the lnitial
Purchaser of its obligation under the heading "DELIVERY OF THE CERTIFICATES AND ACCOMPANYING
DOCUMENTS".
THE OFFICIAL STATEMENT AND COMPLIANCE WITH SEC RULE 15~2-12 . . The City has prepared the acconipanying Official
Statement and. for the limited purpose of complying witli SEC Rule 15x2-12, deems such Official Statement to be final as of its
date within the meaning of such Rule for the purpose of review prior to bidding. To tlie best knowledge and belief of the City.
the Official Statement contains information. including financial information or operating data. concerning every entity.
enterprise. fund, account. or person that is material to an evaluation of the offering of tlie Certificates. Representations made and
to be made by the City concerning tlie absence of material misstatements and omissions in tlie Official Statement are addressed
elsewhere in this Notice of Sale and Bidding Instn~ctions and in the Official Statement.
The City will furnish to the Initial Purchaser. or Initial Purchasers. acting through a designated senior representative. in
accordance with instructions received from the Initial Purchaser(s), within seven (7) business days fko111 tlie sale date an
aggregate of I50 copies of the Official Statement reflecting interest rates and other terms relating to the initial reoffering of the
Certificates. The cost of a reprinted Official Statement, if the Initial Purcliaser(s) shall so elect. and tlie cost of any Official
Statement in excess of tlie number specified sliall be prepared and distributed at the cost of the Initial Purchaser(s). The Initial
Purcliaser(s) sliall be responsible for providing in writing the initial reoffering prices and other terms. if any. to tlie Financial
Advisor by the close of the next business day after the award. Except as noted above. tlie City assumcs no responsibility or
obligation tor the distribution or delivery of any copies of the Official Statement in connection with the offering or reoffering of
the Certificates.
CONTINUING DISCLOSURE AGREE~IENT . . .The City will agree in the Ordinance to provide certain periodic infonnation and
notices of material events in accordance with SEC Rule 15x2-12. as described in the Official Statement under --Contint~ing
Disclosure of Infonnation." The Initial Purchaser(s') obligation to accept and pay for the Certificates is conditioned t~pon
delivery to the lnitial Purchaser(s) or (their) agent of a certified copy of the Ordinance containing the agreement described under
such heading.
CORIPL~ANCE WITH PRIOR ~!NDERTAKINGS . . . During the last five years. the City has conlplied in all matcrial respects with all
continuing disclosure agreements made by it in accordance with SEC Rule 15~2-12.
ADDITIONAL COPIES OF NOTICE OF SALE, BID FOR~I AND OFFICIAL STATENENT . . . A linlited number of additional copies of'
this Notice of Sale and Bidding Instructio~is. tlie Official Bid Form and tlie Official Statement. as available over and above the
normal mailing, may be obtained at the offices of First Southwest Company. 1021 Main Street. Suite 2200. Houston. Texas
77002. Financial Advisor to the City.
The City Council has approved the Form and content of the Notice of Sale and Bidding Instructions. the Official Bid Fomi and
Official Statement. and authorized the use thereof in its initial offering of the Certificates. On the date of tlie sale. the City
Council will, in the Ordinance authorizing the issuance of the Certificates. confirm its approval of the fom~ and content of the
Official Statement. and any addenda. supplement or amendment thereto. and authorize its use in the reoffering of the Certificates
by the Initial Purchaser.
ATTEST:
City Secreta~y
Mayor
City of College Station, Texas
Honorable Mayor and City Council
City of College Station. Texas
OFFICIAL BID FORM
July 1: 2009
Members of the City Council:
Reference is made to your Official Statenlent and Notice of Sale and Bidding lnstmctions. dated July I. 2009 of $31.315.000 CITY
OF COLLEGE STATION. TEXAS CERTIFICATES OF OBLIGATION. SERIES 2009 (the "Certificates"). both of whicll
constitute a part hereof.
For your legally issued Certificates. as described in said Notice of Sale ancl Bidding Instr~~ctions and Oflicial Statement. we will pay
you par and accn~ed interest from date of issue to date of delive~y to us. plus a cash premium of $ for Celliticates
maturing and bearing interest as follows:
Maturity Interest Maturity Interest
Feb 15 Principal Rate Feb 15 Principal Rate
Of the principal maturities set forth in the table above. tenn certificates have been created as indicated in the following table
(wl~ich may include multiple tenn certificates, one tenn certificate or no tern1 certificate if none is indicated). For those years
which have been combined into a tenn certificate. the principal amount sho\vn in the table above shall be the mandatory sinking
fi~nd redemption amounts in such years except that the amount shown in the year of the term certificate maturity date shall
mature in such year. The term certificates created are as follo\\~s:
Year of Principal
Term Certificate First Mandatory Amount of Interest
Maturity Date Redemption Tern1 Certificate Rate
Our calculation (~vl~icl~ is not a part of this bid) ofthe interest cost fi-om the above is:
We arc having the Certificates of the following mat~lrities insured by
at a premium of $ . said premium to be paid by the Initial Purchaser. Any fees to be paid to tlle rating
agencies as a result of said insurance will be paid by the City.
The Initial Certificates shall be registered in the name of . \vhich lvill. upon payment for the
Certificates. be cancelled by the Paying AgentIRegistrar. The Certiticates will then be registered in the name of Cede & Co. (DTC's
partnership nominee). under the Book-Entry-Only System.
A bank cashier's check or certified check of the Bank. . in the amount of
$626.300.00, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to tlie opening of
this bid), and is submitted in accordance with the tenns as set forth in tlie Official Statement and Noticc of Sale and Bidding
Instn~ctions.
We agrec to accept delivery of tlie Certificates utilizing tlie Book-Entry-Only System through DTC and makc palment for the Initial
Certificates in immediately available funds at The Bank of New York Mellon TIIIS~ Conlpa~ly. N.A.. Dallas. Teuas. not later than
1 1 :00 A.M.. CDST. on Thursday, August 6. 2009 or thereafter on the date tlie Certiticates are tentlercd for delivery. pursuant to the
tenns set forth in the Notice of Sale and Bidding Instructions. It will be the obligat~on of the Initial Purchaser of the Certificates to
complete tlie DTC Eligibility Questionnaire.
The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delivery of the Certificates, a
certificate relating to tlie "issue price" of the Certificates in the fonn and to the effect acco~npanying the Notice of Sale and Bidding
Instn~ctions. with such changes thereto as [nay be acceptable to the City.
We agree to provide in writing the initial reoffering prices and other tet-ms, if any, to the Financial i\dvisor by the close of the
next business day after the award.
Respectfi~lly submitted, Syndicate Members:
Name oTUnde~writer or Manager
Authorized Representative
Phone Number
Signature
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of College Station. Texas. subject to and in accordance with
the Notice of Sale and Bidding lnstn~ctions, this the day of .2009.
ATTEST:
Mayor
City of College Station. Texas
City Secretary
ISSUE PRICE CERTIFICATE
The undersigned hereby certifies with respect to the sale of CITY OF COLLEGE STATION, TEXAS CERTIFICATES OF
OBIdIGATION. SERIES 2009 (the -'Certificates"). issued in aggregate principal amount of $3l.315.000. as follows:
I. The undersigned is the under\vriter or the manager of the syndicate of underwriters which has purchased the Ccrtificates from
the City of College Station. Texas (the '-Issuer") at competitive sale.
2. The undersigned andlor one or more other members of the undenvriting syndicate. if any. have made a bona tide offering to
the public of the Certificates of each maturity at the respective prices set forth below.
3. The initial offering price (expressed as a percentage of principal amount or yield and exclusive of accrued interest) for the
Certificates of each maturity at which a substantial amount of the Certificates of such maturity was sold to the public is as set
forth below:
Initial Initial
Due Offering Due Offering
Principal Feb I5 Price Principal Feb 15 Price
$ 23650:000 2010 % $ 1,330,000 2020 Yo
1,195:OOO 20 1 1 1,405,000 2021
1,265,000 20 12 1 :470,000 2022
1,325,000 2013 1,545,000 2023
1,390.000 20 14 1,625,000 2024
1 :470.000 20 15 I ,715,000 2025
l ,j4j70O0 2016 1,795,000 2026
1 ; 145,000 20 17 1,890,000 2027
1,2 10,000 20 18 1,985,000 2028
1,270,000 20 19 2,090,000 2029
4. The term -'public." as used herein, means persons other than bondhouses. brokers. dealers. and similar persons or
organizations acting in the capacity of underwriters or \vholesalers.
5. The offering prices described above reflect current market prices at the time of such sales.
6. The ut~dcrsigned andlor one or more other members of the ~lndenvriting syndicate, as the case may be. (have)(have not)
purchased bond insurance for the Certificates. The bond insurance. if any. has been purchased from
(the '-Insurer") for a premiu~n cost of $ (net of any nonguarantee cost.
e.g.. rating agency fees). The amount of such cost is set forth in the Insurer's com~nitment and is separately stated from all other
fees or charges payable to the Insurer. The premiu~n does not exceed a reasonable charge for the transfer of credit risk taking into
account payments charged by guarantors in co~nparable transactions (including transactions in which a guarantor has no
involvement other than as a guarantor). The present value of the debt service savings expected to be realized as a result of such
insurance. discounted at a rate equal to the yield on the Certificates which results after recovery of the insurance premium.
excccds the present value of thc bond insurance premium.
7. 'fhe ~tndersigned understands that the statements made herein will be relied upon by the Issuer in its effort to co~nply with the
conditions imposed by the Internal Revenue Code of 1986, as amended. on the excludability of interest on the Certificates fro111
the gross income oftheil. o\vners.
EXECUTED and DELIVERIZD this daj of .2009
(Name of Undenvriter or Manager)
BY
(Title)
June 11, 2009
Consent Agenda Item No. 8g
Construction Contract #09-182 for Construction Improvements in
Southern Oaks Park
To : Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
awarding the bid and approval of a construction contract (Contract Number #09-182) with
South Construction, Inc. in the amount of $126,900.00, for construction improvements in
Southern Oaks Park, PK 0905.
Recommendation(s): Staff recommends approval of the resolution and award of the
construction contract with South Construction, Inc., for construction improvements in
Southern Oaks Park, in the amount of $126,900.00 and sixty (60) construction days.
Summary: The proposed improvements in Southern Oaks Park include concrete trails
work, area lights and disc golf landscape improvements.
Budget & Financial Summary: Six (6) sealed, competitive bids were received and
opened on April 22, 2009. The bid summary is attached. Funds are available and budgeted
in the Zone 6 Park Land Dedication Fund.
Attachments:
1) Resolution
2) Bid Number 09-48 Tabulation
3) Landscaping Site Plan
4) Lighting Site Plan
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT, #09-182, FOR THE SOUTHERN
OAKS TRAILS AND LIGHTS PROJECT NUMBER PK 0905 AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
Southern Oaks Trails and Lights Project; and -
WHEREAS, the selection of South Construction, hc. is being recommended as the lowest
responsible bidder for the construction services related to the Southern Oaks Trails and Lights
Project; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that South Construction, Inc., is the lowest
responsible bidder.
PART 2: That the City Council hereby approves the contract with South Construction, Inc.,
in the amount of $126,900.00 for the labor, materials, and equipment required for
the improvements related to the Southern Oaks Trails and Lights Project.
PART 3: That the funding for this Contract shall be as budgeted fiom the Zone 6 Park Land
Dedication Fund in the amount of $126,900.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this the 1 1' day of June 2009.
ATTEST:
CITY SECRETARY
APPROVED:
CITY ATTORNEY
APPROVED:
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ITEM
1
2
3
4
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GRAND TOTAL
Certification from bid package
Bid Bond
Delivery Date (calendar days)
Addendum No. 1 Acknowledged
QTY
1
1
1
1
1
1
Marek Brothers Const.
College Station, TX
UNIT
COST
$42,779.00
$59,616.00
$12,194.00
$9,775.00
$1 1,166.00
$ 8,292.00
UNIT
Lump
Sum
Lump
Sum
Lump
Sum
Lump
Suin
Lump
Suin
Lump
Sum
TOTAL
PRICE
$42,779.00
$59,616.00
$12,194 00
$ 9,775.00
$1 1,166.00
$ 8,292.00
Dudley Construction,
Ltd College Station, TX
DESCRIPTION
Sidewalk
Light Poles, Fixtures, Wiring, Conduit, &
Boxes
Disc Golf Course
Irrigatioil
Trees
Grading & Seeding
$143,822.00
9
9
90
9
UNIT
COST
$33,977.00
$67,849.00
$14,494.00
$14,235.00
$16,648.00
$8,665.00
Quad-Tex Construcation
Bryan, TX
TOTAL
PRICE
$33,977.00
$67,849.00
$14,494.00
$14,235.00
$16,648.00
$8,665.00
UNIT
COST
$53,000.00
$67,100.00
$28,000.00
$15,250.00
$15,250.00
$3,050.00
$155,868.00
9
9
45
9
TOTAL
PRICE
$53,000.00
$67,100.00
$28,000.00
$15,250.00
$15,200.00
$3,050.00
$181,600.00
9
9
90
9
f
RUN APROXIMATELY ISDOFT.
I COMMON AND 4 RED WIRES SOUTHERN PLANTATION
FOR IRRIGATION SYSTEM
IN SAME TRENCH AS LIGHTS
It-i /xlSTIUG WOOWRIVACY FENCES
AND IRRIGATION TO NEW VALVE AREA
SIDEWALK TO BE &'WIDE
EXISTING WAL \/-, /---'. --- - /
/
EXISITINGDETENTIONPOND
DlSC GREEN
f
\
\
\
\
/- -.- I
/
/-FA C0
\DISC GOLF COURSE
FAIRWAY CENTERLINE BELOW GRADE FOR WATER METER.
CONTRACTOR TO ORDER AND
/PAY FOR WATER METER
',,%.;,,%-, "~72,4~,,'.T': 3.
\INSTALL 3 (15G) CREPE MYRTLE
RE: DETAIL 1 SHEET I OF 3 Alexandria Dr. ~K~~$::~[::~\E!~~P~"~E
LANDSCAPE LEGEND 12 GAUGE GAL WIRE ENCASED
IN 1" DIA. RUBBER NOSE WRAPPED ABOVE
1s~ BRANCH TO wrP FROM SLIPPING
B 4s GALLON MouTrzuMA CvPREss IRRIGATION LEGEND
IS 1. TABOVE FINISHED GIADE.
1 45 GALLON LIVE OAK (HIGH RISE) 9) ADD NEW TOPSOlL MIX FLOOD BUBLER (TORO S14.20)
30 15 GALLON CREPE MYRTLE (CATAWBA) 4. ELEC. VALVE (RAINBIRD PEB)
XI DIAM X 16'DEPTII.
ON PLANTS TO HAVE HOLE
4 4. MASTER VALVE
GENERAL NOTES:
<(/I' DOUBLECHECK VALVE
I.) BUBBLERS TO 8ET ABOVE MULCH IN TREE WELLS @ ADJUSTABLE PRESSURE REGULATOR YALVE
I.) PLACE I' SLEEVES UNDER ALL CONCRETETO RUN IRRIGATION PlPE THROUGH
3) ALL PlPE NOT SIZED ONPLAN IS 1/2' IN SIZE @ BALL YALYE
4.) IRRIGATION AND LAND. CONTRS. TO COORDINATE TREE AND BUBBLER LOCATIONS
5.) RE: DETAIL IIFOR MARKING SLEEVE LOCATIONS INCONC.
METER
REMOVE UNDERBRUSHWITHIN B OF BOTHSIDES OF DISC QUICK COUPLING IN A IO'VALVE BOX
GOLF FAIRWAY AND NATURE TRAIL CENTERLINE. O ON SWlNGlOlNl POURED IN CONC.
1.) REMOVE UNDERBRUSH WITHIN AN 8' RADIUS OF THE DISC GOLF TEE AND CATCHER.
0.) SEED ALL DISTURBED AREAS I LBS. OF HULLED BERMUDA PER 1DDDSF FORM TREE WELL 8'
IN HEIGHT 1.) IRRIGATION5YSTEM WILL BE PROTECTEDBV A DOUBLE CHECKVALVE 1/3 DECOMPOSED PINE BARK MULCH).
AND INSTALLED AS PER CITY ORDINANCE ,1394 WATEII I TAMP TO RlMOVE AIR POCKETS
ID.) ALL BACKFLOW DEVICES MUST BE INSTALLED AND TESTED UPON
INSTALLATION AS PER ClTY ORDINANCE -2394 1 TREE PLANTING SECTION
NOT TO SCALE
KEY MAP
\
ADD A 6 CIRCUIT PANEL TO THE EXISTING PEDESTAL
TYPE SREFRACTOR /
CAT' D139;AOPIPC~CL. CT
P40Y FUSING, (15W LAMP
LONESTAR PRESTRESS
ROCHESTER SERIES
CAT* 161214-FB(BLK ETCHED
FINISH WIACRYLIC SEALER)
1.) TRENCH IN CONDUIT, 48' BELOW FINISHED GRADE FOR ELECTRICAL 2-318" 0.D.TENON. POLE EMBEDDED
2.) INSTALL "CAUTION TAPE 18" ABOVE CONDUITS FOR ELECTRICAL
3.) SMOOTH OUT/CROWN ALL TRENCHES AND HAUL OFF ROCK OR DEBRIS OTHER THAN SOIL. CONCRETE MOWSTRIP
4.) KEEP TRENCHES OUT OF TREE DRIPLINES AS MUCH AS POSSIBLE RE; DETAIL 2 SHEET 2 OF 3
5.) MAKE WIRE SPLICESICONNECTIONS AT HAND HOLES AT EACH POLE
6.) INSTALL 2"SLEEVES UNDER CONCRETE WHERE ELECTRIC LINES CROSS UNDER COMPACTED SUBGRADE
7.) JUNCTION BOXES ARE TO BE CONCRETE
CONCRETE WALK RUN WIRES THRU HOLE IN C0NC.POLE
MIN.OF 3D'DEEP RUN WIRES THRU HOLE 1NCONC.POLE
I CONCRETE BOLLARD MIN.OF 30" DEEP
CEMENT SAND BACKFILL (USE USE CONCRETE SIDEWALK CEMENTIOUS EARTH BACKFILL - MIX ONE
CEMENT SAND BACKFILL (USE
SECTION. DOWELL INTO PART DRY CEMENT POWDER TO FIFTEEN CEMENTIOUS EARTH BACKFILL- MIX ONE
1 :. 1 EXITING SIDWALK PARTS CLEAN, WASHED SAND) PART DRY CEMENT POWDER TO FIFTEEN
- PARTS CLEAN, WASHED SAND)
CONCRETE BOLLARD/LIGHT 2 FIXTURE MOW STRIPS 3 LIGHT NOT To SCALE BOLLARD NOT TO SCALE
June 11, 2009
Consent Agenda Item No. 8h
Participation Agreement for Castle Rock Park
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director of Parks and Recreation Department
Agenda Caption: Presentation, possible action, and discussion regarding an ordinance
for a participation agreement with Greens Prairie Investors, L.L.C., for construction of Castle
Rock Park.
Recommendation(s): The Parks and Recreation Advisory Board and staff recommend
approval of the agreement for construction of Castle Rock Park by the developer, Greens
Prairie Investors, L.L.C. The park construction will meet or exceed city standards for a
neighborhood park.
Summary: The Park Land Dedication Ordinance provides the option of a private developer
building a neighborhood park in lieu of paying neighborhood park development fees for their
particular development. The Parks and Recreation Advisory Board reviewed the conceptual
plan for the proposed park at their May 12, 2009 meeting. They approved the site plan with
a unanimous vote. Greens Prairie Investors, L.L.C., will be constructing the Castle Rock
Park instead of paying more Park Land Dedication fees for future development in Castle
Rock, Spring Creek Gardens, and Spring Creek Townhomes subdivisions. The company has
already paid $45,000 in Park Zone 10 Park Land Dedication fees. They will owe $121,362
for future development in the three subdivisions. The total for construction of the park is
$240,727. The city will reimburse Greens Prairie Investors, L.L.C. the $45,000 in fees paid
to date and the city's share of construction ($72,222) for a total of $117,222, after the park
is constructed.
Budget & Financial Summary: The source of funding is from the Park Zone 10 Park Land
Dedication funds. Currently $404,713 is available in that zone fund. The city's share of the
costs associated with the park construction will be $60,038.
Attachments:
1. Castle Rock Park Participation Agreement
2. Castle Rock Park Site Plan
3. Castle Rock Ordinance
4. May 12, 2009 PARD Advisory Board Minutes
CITY PARTICIPATION AGREEMENT
This Agreement is entered into this 26th day of Mav 9
2009, by and between the City of College Station, a Texas home rule municipal
corporation (hereinafter "CITY"), and Greens Prairie Investors , a Texas
LLC (hereinafter "DEVELOPER").
WHEREAS, DEVELOPER is developing property within the' City of College Station,
more particularly described as Castle Rock Park
College Station, Brazos County, Texas (hereinafter "Property") a description of which is
attached hereto as Exhibit A; and
WHEREAS, DEVELOPER is required to coizstruct certain public infrastructure, such as
roadways, utilities, sidewalks, drainage facilities, water and sewer facilities, etc. that
relate to DEVELOPER'S proposed development; and
WHEREAS, CITY is required or desirous of assuming some or all responsibility for
construction of certain public infrastructure affecting DEVELOPER'S development; and
WHEREAS, because of this and in order to comply with CITY'S overalI development
scheme both DEVELOPER and CITY agree that it is in the best in!erests of the public to
jointly construct certain identified public infrastructure; and
.-> WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that
provided by DEVELOPER'S engineers, and determined that such public improvement
qualifies for joint CITY-DEVELOPER participAtion; and
WHEREAS, both parties agree as to the nature and proportion of joint participation as
further recited herein and as may be required in accordance with section 212.071 et seq
and Chapter 252 Texas Local Government Code;
NOW, THEREFORE, for and in consideration of the recitations above and the promises
and covenants herein expressed, the parties hereby agree as follows:
I.
DEFINITIONS
1.1 Approved Plans means the plans and specifications that meet the requirements of
this Participation Agreement, the City of College Station Codes and Ordinances and any
' > other applicable laws and that have been submitted to, reviewed and approved by the City
of College Station Development Services Department, the City Engineer.
1
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1.2 CITY or College Station means the City of College Station, a Texas home rule
municipal corporation located at 1 101 Texas Avenue, College Station, Texas 77840.
1.3 DEVELOPER means Greens Prairie Investors , a Texas
LLC whose principal office is located at . 4490 Castlegate
Drive , Collepe Station , Texas 77845 .
1.4 Effective Date. The date on which this Agreement is signed by the last party
whose signing makes the Agreement fully executed.
1.5 Final Completion. The term "Final Completion" means that all the work on the
Project has been completed, a written guarantee of performance for a one year
maintenance period has been provided, all final punch list items have been inspected and
satisfactorily completed, all payments to materialmen and subcontractors have been
made, all documentation, and all closeout documents have been executed and approved
by the DEVELOPER as required, all Letters of Completion and other CITY
documentation have been issued for the Project, all reports have been submitted and
reporting requirements have been met, and DEVELOPER has fully perfonned any other
requirements contained herein.
1.6 Letter of Completion : A letter issued by the City Engineer stating that the
construction of public improvements conforms to the plans, specifications and standards
contained in or referred to in CHAPTER 9 of the CITY OF COLLEGE STATION CODE OF
ORDINANCES.
1.7 Property means that one certain tract of land Castle Rock Park, in the Castle
Rock subdivision (describe by reJ to plat, subdivision, etc. as appvopriate)
and as fiuther described in Exhibit A attached hereto and incorporated herein made a part
hereof.
1.8 Project means the construction of Castle Rock Park
improvements as detailed in Exhibit B attached hereto and incorporated herein by
reference.
II.
CITY COST PARTICIATION
2.1 Agree to Participate. CITY agrees to cost participate in the ~rojeci in the
maximum amount estimated as set forth in Exhibit C, which is attached hereto and
incorporated herein by reference. CITY'S actual rate of participation will be based upon
the final actual cost of the Project as reflected by the breakdown of costs required
pursuant to this Agreement but in no event shall exceed the maximum mount estimated
in Exhibit C.
2.2 Public Bidding. The total estimated cost of the Project is as set forth in Exhibit C. If
CITY'S cost participation exceeds 30% of the total cost of the Project or is located within
2
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the extraterritorial jurisdiction of the CITY, then the Project must be competitively bid
pursuant to Chapter 252 Texas Local Government Code, as amended. If CITY
participation exceeds 30% of the total cost of the Project, CITY shall be responsible for
advertising and obtaining bids or negotiating proposals for the construction of the Project.
DEVELOPER shall pay for all costs associated with advertising, printing, and
distributing plans and specifications for the Project.
If CITY'S cost participation is 30% or less of the total cost of the Project and is
located within the boundaries of the CITY, the Project need not be competitively bid.
2.3 Cost of Project. DEVELOPER'S engineer's detailed cost estimate of the Project
is attached hereto and incorporated herein as Exhibit C.
2.4 Application for Payment. Application for payment by the DEVELOPER to the
CITY for payment to the DEVELOPER pursuant to the terms of this Agreement must
include the following in a form acceptable to CITY:
(I) Final Completion of the Project in accordance with the Approved
Plans;
(2) issuance of all Letters of Coinpletion relating to the Project;
(3) DEVELOPER'S compliance with all CITY Codes, Ordinances and
standards relating to the Project, the Property and its subdivision and
development;
(4) dedication of the land for the right-of-way either by plat or by deed
relating to the Project;
(5) a current title report as of the date of such land dedication and
updated within sixty (60) days of the date of this Agreement;
(6) lien releases or subordinations from all lenders as required by
CITY;
(7) Proof that all guarantees of performance and payment as set forth
in this Agreement have been met, including all bond requirements when
applicable; and
(8) A breakdown of actual costs of the Project with supporting
documentation, including all payment receipts.
2.5 City Participation Payment. DEVELOPER shall submit the written application
for CITY participation payment within thirty (30) days after issuance of all Letters of
Completion relating to the Project or DEVELOPER shall be ineligible to receive the
CITY participation payment specified in this Agreement and CITY'S obligation to cost
participate shall terminate without any liability. Applications may not be submitted prior
to Final Completion. CITY will pay its participation funds in one payment within thirty
(30) days after receipt of a complete written application for participation payment from
DEVELOPER.
2.6 Reports, books and other records. DEVELOPER shall make its books and
other records related to the project available for inspection by CITY. DEVELOPER shall
3
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submit to CITY any and all information or reports requested to verify the expenditures
submitted for CITY participation eligibility including but not limited to bid documents,
payment applications, including any supporting information, cancelled checks, copies of
construction and engineering documents, as determined by the City Engineer in his sole
discretion, for the verification of the cost of the Project detailed in Exhibit B and C of
this Agreement. The submission of these reports and information shall be the
responsibility of DEVELOPER and shall be certified by DEVELOPER'S Licensed
Professional Engineer at DEVELOPER'S expense and signed by an authorized official of
the entity.
III.
GOVERNMENTAL IMMUNITY, INDEMNIFICATION AND RELEASE
CITY is a political subdivision of the state and enjoys governmental immunity. By
entering into this Agreement, CITY does not consent to suit, waive its governmental
immunity, or the limitations as to damages under the Texas Tort Claims Act.
DEVELOPER agrees to and shall indemnify, hold harmless, and defend CITY and
its officers, agents, 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, expert fees and attorney's fees, for injury to or death of any
person, or for damage to any property, or for breach of contract, arising out of or in
connection with the work done by DEVELOPER under this Agreement, regardless
of whether such injuries, death, damages or breach are caused in whole or in part
by the negligence of CITY, any other party indemnified hereunder, or the
DEVELOPER.
DEVELOPER shall indemnify and hold CITY harmless from any claims of
suppliers or subcontl-actors of DEVELOPER for improvements constructed or
caused to be constructed by DEVELOPER.
DEVELOPER shall indemnify and hold CITY harmless from any and all injuries to
or claims of adjacent property developers resulting from or relating to their
performance under this Agreement.
DEVELOPER assumes full responsibility for the work to be performed hereunder,
and releases, relinquishes and discharges CITY, its officers, agents and employees,
from all claims, demands, and causes of action of every kind and character,
including the cost of defense therefore, for any injury to or death of any persons and
any loss of or damage to any property that is caused by, alleged to be caused by,
arising out of, or in connection with, DEVELOPER'S work to be performed
hereunder. This release shall apply whether or not said claims, demands, and causes
, or action are covered in whole or in part by insurance and regardless of whether or
not said claims, demands, and causes of action were caused in whole or in part by
the negligence of CITY, any other party released hereunder, or DEVELOPER.
4
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IV.
PROJECT AND CONSTRUCTION
4.1 Right to Inspect the Work. CITY may inspect the improvements for
compliance with the Approved Plans during construction. I11 the event that it is
determined by CITY that any of the work or materials fuinished is not in strict
accordance with the Approved Plans, CITY may withhold funds until the nonconfonning
work conforms to the Approved Plans or terminate this Agreement at CITY'S election
without any further liability.
4.2 Independent Contractor. DEVELOPER shall be solely responsible for
selecting, supervising, and paying the construction contractor(s) or subcontractors and for
complying with all applicable laws, including but not limited to all requirements
concerning workers compensation and construction retainage.
The parties to this Agreement agree and understand that all employees, volunteers,
personnel and materials furnished or used by DEVELOPER in the installation of the
specified improvements shall be the responsibility of DEVELOPER and shall not be
deemed employees or agents of CITY for any purpose.
4.3 Payment for materials and labor. DEVELOPER shall be solely and exclusively
responsible for compensating any of its contractors, employees, subcontractors,
materialmen andor suppliers of any type or nature whatsoever and insuring that no
claims or liens of any type will be filed against any property owned by CITY arising out
of or incidental to the performance of any service performed pursuant to this Agreement.
In the event a statutory lien notice is sent to CITY, DEVELOPER shall, where no
payment bond covers the work, upon written notice horn the CITY, immediately obtain a
bond at its expense and hold CITY harmless from any losses that may result fiom.the
filing or enforcement of any said lien notice.
4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the
improvements, DEVELOPER shall provide CITY a notarized affidavit stating that all
bills for labor, materials, and incidentals incurred have been paid in full, that any claims
from manufacturers, materialmen, and subcontractors have been released, and that there
are no claims pending of which DEVELOPER has been notified. Such affidavit shall be
in a form as substantially set forth in Exhibit D which is attached hereto and incorporated
by reference.
4.5 Requirements of Applicable rules remain. This Agreement does not alter,
amend modify or replace any other requirements contained in the Code of Ordinances,
Unified Development Code, or other applicable law.
V.
GUARANTEE OF PERFORMANCE AND PAYMENT
5
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5.1 Bonding Requirements of Developer. Where CITY participation is 30% or less
of the total value of the Project, DEVELOPER shall execute a performance bond
to ensure construction of the Project and shall ensure that its contractor
performing the Project executes a payment bond to ensure payment to
subcontractors, if any. The bonds must be executed by a corporate surety in
accordance with CHAPTER 2253, TEXAS GOVERNMENT CODE. The bonds shall be
in the total amount of the contract price as approved by CITY.
5.2 Bonding Requirements of City. Where CITY participation is greater than 30%
of the total value of the Project or when the Project is located within the extraterritorial
jurisdiction of the CITY, the CITY shall ensure that the prime contractor of the Project
execute to the CITY a performance bond andlor a payment bond as may be required
pursuant to chapter 2253 Texas Governnlent Code.
w*
GENERAL, PROVISIONS
6.1 Amendments. No amendment to this Agreement shall be effective and binding
unless and until it is reduced to writing and signed by duly authorized representatives of
both parties.
6.2 Choice of law and Venue. This Agreement has been made under and shall be
governed by the laws of the State of Texas. Performance and dl matters related thereto
shall be in Brazos Co~ulty, Texas, United States of America.
6.3 Authority to enter into Agreement. Each party represents that it has the full
power and authority to enter into and perform this Agreement. The person executing this
Agreement on behalf of each party has been properly authorized and empowered to enter
into this Agreement. The person executing this Agreement on behalf of DEVELOPER
represents that he or she is authorized to sign on behalf of DEVELOPER and agrees to
provide proof of such authorization to the CITY upon request.
6.4 Agreement read. The parties acknowledge that they have read, understand and
intend to be bound by the terms and conditions of this Agreement.
6.5 Notice. All notices and documents required herein shall be sent and provided to
the parties at tlie addresses and telephone numbers listed below:
Green Prairie Investors City of College Station
4490 Castlenate Drive City Engineer
College Station, Texas 77845 P.O. Box 9960
College Station, TX 77842
With copies to:
City Attorney and City Manager
I I0 I Texas Avenue
6
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College Station, TX 77842
All notices and documents shall be deemed received when mailed with sufficient postage
and deposited in 'a regular mailbox of the United States Post Office. The parties may
change addresses upon thirty (30) days' written notice sent certified mail, return receipt
requested.
6.6 Assignment. This Agreement and the rights and obligations contained herein
may not be assigned by DEVELOPER without the prior written approval of the CITY.
6.7 Default. In the event of a breach of this Agreement by DEVELOPER, CITY may
terminate this Agreement and exercise any and all legal remedies available to it.
Executed this 26th day of May ,2009.
List of Exhibits:
A A description of the Property
B A description of the Project.
C Engineer's estimate of the costs of the Project
D Affidavit of All Bills Paid form
GREENS PRAIRIE INVESTORS CITY OF COLLEGE STATION
BY:
Printed Name: Wallace Phillips
Mayor
Title: President
ATTEST:
3;991~& I\e&rizeB Pa, !3' City Secretary
7
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APPROVED:
City Manager
--
Chief Financial Officer
THE STATE OF TEXAS )
1 ACKNOWLEDGMENT
COUNTY OF BWOS )
authority, on this day personally appeared
of
to be the person whose name is snbscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office on this the & day of
200 9.
Y Notary Public in and for the State of
Texas
8
P:\GROUP\LEGALWARTICIPATION AGREEMENT FORMS\CITY PARTICIPATION STANDARD
CONTRACT.docx5/8/200911:20:53 AM
TKE STATE OF TEXAS )
1 ACISNO\VLEDGMENT
COUNTY OF BRAZOS )
Before me, the undersigned authority, on this day personally appeared
as Mayor of the City of College Station, a Texas home-rule municipal
corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the day of - 3
200-.
Notary Public in and for the State of
Texas
9
P:\GROUP\LEGAL\PARTICIPATJON AGREEMENT FORMS\CITY PARTICIPATION STANDARD
CONTRACT.docx5/8/200911:20:53 AM
EXHIBIT A
PROPERTY DESCRIPTION
CASTLE ROCK PARK
Castlerock park is,a tract of land consisting of 6.187 acres on the north side of Castle Rock Parkway in
the Castle Rock subdivision.lt includes 3 tracts of land ,tract 3B-2 ,a 1.5 acre tract of land and a .I62 acre
tract of land.
EXHIBIT B
PROJECT DESCRI PTlON
Castle Rock park will be constructed by Greens Praire Investors.The items to be constructed includes a
picnic shelter,playground with rubber cushioning and shade cover,swings with pea gravel
surfacing,concrete sidewalks,2 practice fields including 2 soccer goals and a ball
backstop,trees,irrigation,drinking fountain,water meter,drain pipes,topsoil and site gradingand
hydromulching,electricaI conduit, 12 area lights,picnic tables,bbq grill,and a trash can.
Greens Prairie Investors, LTD.
4490 Castlegate Drive
College Station, TX 77845
Phone: (979) 690-7250 Fax: (979) 690-1041
May 26, 2009
City of College Station
Parks & Recreation Deparkment
1000 Krenek Tap Road
College Station, TX 77840
RE: Completion of Castle Rock Park
Please accept this as an acceptance letter that Greens Prairie Investors will
complete the construction of the Castle Rock City Park. Construction cost
will be $240,727.00.
Construction started on the preliniinary site work on April 27, 2009.
Respectfully,
Wallace Phillips
GREENS Pam lNTESTORS, LTD
Castle Rock Park
Cost Estimate
May 26; 2009
Bern Descriation unit &l&ate UnitPrice TOM
Sitmwrk & Pavement
I Play Ground (+ shade cover LS 1 $64,962.00 $64,962.00
+ rnbberpouredinphce
Pal zone w/concrek under pad
Baseball Back Stop EA 2 1 l,!joo.Oo l,!joo.OO
4 swing Set (Gr;lve3/
ConQeteenrb) rS 1 12,000.00 ~000.00
5 SWkr (slab, tables,
w-1 LS 1 22,500.00 22,~00.00
6 LSD Area Lights, wiring not
Included LS 12 3,ooo.c~ 36,ooo.oo
7 El&cal Conduit LS 1 18,ooo.oo 18,000-00
8 Drinking Fountain &Water Liue LS 1 ~600.00 4,600.00
9 Concrete Joggiq Tmil SF 10,160 3.50 35,560.00
10 Trees I3.A 14 250.00 3,!j00.00
11 Irrigation System
Along Castle Rock Parkway Only LS 1 4000.00 4,00u.00
la Water Meter EA 1 500.00 500.00
13 Drainage Pipes EA 8 100.00 800.00
14 2" Topsoil Placement LS. 1 7,500.00 7fio0.00
15 Site Grading LS 1 5,540.00 5,540-00
16 Hydromulch Seeding LS 1 7,ooo.oo 7,000.00
(practice fields - ioo,ooo SF)
17 Design
18 Performance Bond
i 19 Accessibility Impecdon & Review 865.00 865.00
TOTAL $aao.7z7-oo . - -. -
tBFeak
'=-We Id= already paid in. The %will be &ded upon starthg. 45000-oo @&&
Greeus Prairie Ind~ to pay as W-D pf~gress. 1235W-00
City of Co- Station to pay &ems Prairie hwstors upon completion of Par& 72.218.00
$240,727.00
THE STATE OF TEXAS
COUNTY OF BRAZOS I
Exhibit D
AFFIDAVIT OF BlLLS PAD
Before me, the undersigned authority, personally appeared
("Ailiant"),
of ("Contractor"), who being first duly sworn, deposed
and state the following:
"My name is . I am over 18 years of age,
of sound mind, capable of making this affidavit, and personally acquainted
with the facts stated in it, which facts are true and correct.
Pursuant to that certain contract, dated as of
200- (the "Contract") by and between the City of
College Station, Texas, and 7
Contractor furnished labor and materials to construct
on the real property known as (more
particularly described in the Contract) the "Project".
To the extend that Contractor constructed or contracted for the
construction of such ?
Contractor has paid each of its sub-cuntmctors, laborers and materiahen
in full (except for statutory retainage) for all labor and/or materials
provided to Contractor on the Project.
To the best of A£iiant7s knowledge, Contractor has not received notice of
any claims pending against the Project in connection with the
described in the Contract.
Further7 Affiant saith not.
Executed this day of ,200-.
AFFIANT:
Printed Name:
SUI3SCRIBED AND SWORN TO before me on this day of 7 zoo-.
Notary Public, State of Texas
. ........ . _ ,,.. . .,,, . .... . . I....... ~. .~ ...... .. ~...
05/i5?2009 08: 43 FAX 9796901041 CASTLEGATE
MANAGER'S CERTIFICATE - I the undersbned, Manager of GREENS PRAIRIE ASSOCIATES LLC, a Texas limited
liability company (the "Company") do hereby certify that: (i) that the Company is duly organized
and existing under the taws of the State of Texas and is authorized to do business in the State
of Texas; that all franchise and other taxes required to maintain its company existence have
been paid when due and that no such taxes are delinquent; that no proceedings are pending for
the forfeiture of its Certificate of Organization or for its dissolution, voluntar~ly or involuntarily;
that it is fully qualified and in good standing to do business in a!l jurisdictions in which the nature
of its business requires it to be qualified; that tbere is no provision of the Articles of Organization
or Regulations of the Company limiting the power of the Members to pass the Resolutions set
forth below; (ii) that GREENS PRAIRIE ASSOCIATES LLC, is the sole general partner of
GREENS PRAIRIE INVESTORS, LTD. (the "Partnership"), and that GREENS PRAlRlE
INVESTORS, LTD., is a limited partnership duly organized and existing under the laws of the
State of Texas and is authorized to do business in the State of Texas; and (iii) that on the
day of March, 2002, by written consent of the Manager of the Company, the folIowing
resolutions were unanimously adopted and recorded in the minutes of the books of said
Company kept by the Company and are in accord with and pursuant to the Articles of
Organization and Limited Liability Company Agreement of the Company and are now in full
force and effect, to-wit
RESOLVED, that WALLACE PHILLIPS, Manager, is authorized in the name of the
Company, as its own act to sell the Company's real property located h Brazos County,
Texas, described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"), to CASTLEGATE HOMEOWNER'S ASSOCIATION, INC.
4
pursuant to a Real Estate Contract dated effective February 14, 2002;
FURTHER RESOLVED, that WALLACE PHILLIPS, Manager, acting individually. be,
and is hereby authorized, empowered, -and directed to execute, acknowledge, and
deliver an behalf of the Company, as the general partner of the Partnership, such
contracts, assignments, affidavits, deeds of trust, financing statements, security
agreements, and other Instruments, containing any terms and conditions that he may, in
his sole dlscretion, deem necessary or desirable in connection with the sale of the
Property and the attestation by the Secretary of the Company and the affixation of the
seal of the Company shall not be necessary; and
RESOLVED FURTHER, that the Manager of the Company is directed to certify the
Minutes of this meeting and the contents of these resolutions and to deliiqr such
certification in support of the authority of the above officer to act on behalf of the
Company.
I further certify that the following are the duly elected and incumbent manager and officer
of the Company and that the true and correct signatures of the individuals authorized to act on
behalf of the Company are as set forth beside his or her name:
PRINT NAME - TITLE SIGNATURE
Wallace Phillips Manager
Manager's Certificate Page I
.- .- ....... -- -. ... ............. ....... ........... ..................................... . .. ............
05/15/2009 08:44 FAX 9796901041 CASTLE GATE
sf-
IN WITNESS WHEREOF. I have hereunto subscribed my hand on this the ( day
v
of March, 2002.
GREENS PWRIE ASSOCIATES LLC,
a Texas limited liability company
THE STATE OF TEmS 5
COUNTY OF BRAZOS §
st This instrument was acknowledged before me on this the 1 day of March, 2002, by
WALLACE PHILLIPS, Manager of GREENS PRAIRIE ASSOCIATES LLC, a Texas limited
liability company, on behalf of said company.
Manager's Certificate Page 2
CITY OF
COLLEGE STAT/ON
22.083 AC.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE
CITY AND GREENS PRAIRIE INVESTORS, LLC., FOR THE DEVELOPMENT OF
CASTLE ROCK SUBDIVISION PROJECT AND AUTHORIZING THE EXPENDITURE
OF FUNDS.
WHEREAS, Greens Prairie Investors, LLC. is a developer developing CastIe Rock Park;
and
WHEREAS, as part of said development, the consfxuction of certain public infrastructure
is required; and
WHEREAS, pursuant to Section 212.071 et seq. Texas Local Government Code the City
of College Station and the developer have agreed to jointly participate in the construction of
certain public infrastructure to wit: Castle Rock Park Project ("Project") as further set forth in a
Participation Agreement ; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council hereby finds it to be in the best interests of its
citizens to enter into that one certain Participation Agreement with Greens
Prairie Investors, LLC for the construction of Castle Rock Park Project. A
copy of said Participation Agreement is attached as Exhibit "A" and
incorporated herein by reference.
PART 2: That the City Council hereby approves the contract with Greens Prairie
Investors, LLC obligating the CITY to pay a maximum of $72,218.00 out
of the estimated amount of $240,727.00 total cost for the labor, materials
and equipment required for the improvements related to the Castle Rock
Park Project.
PART 3: That the funding for this Contract shall be as budgeted from the Parkland
Dedication Zone 10 Fund, in the amount of $72,2 18.00.
PART 4: That this ordinance shall take effect immediately from and after its passage.
O:\OrdinancesVarks\Castle Rock Park participation agrmt ordinance.docx
ADOPTED this 1 lth day of June , A.D. 2009.
ATTEST: APPROVED:
City Secretary A -
O:\OrdinancesWarks\Castfe Rock Park participation agrnlt ordinance.docx
MAYOR
Retl-~rn to Stephen C. Beachy Central Park, 1000 Krenek Tap, College
Station, TX
THE MEETING CONTINUED AFTER THE TOUR ENDED AT 7:35 PM
4. Consideration, ~ossible a~~roval, and discussion regardina the
Castle Rock Park Develo~ment Plan: Pete Vanecek, Senior Parks Planner,
presented a conceptual site plan for the development of Castle Rock Park.
Discussion followed. Jody Ford made a motion to approve the Castle Rock Park
development plan as submitted, and Glenn Schroeder seconded the motion. The
vote was called. All were in favor, and the motion passed unanimously.
5. Adiourn: George Jessup made a motion to adjourn the meeting and David
Scott seconded the motion. The vote was called. All were in favor, and the
meeting adjourned at 7:55 p.m.
May 12, 2009
Parks and Recreation Advisory
Board Special Meeting Minutes
June 11, 2009
Consent Agenda Item No. 8i
Financial Advisory Consulting Services
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, discussion, and possible action to approve the renewal of
a consulting contract with First Southwest Company in an amount not to exceed $250,000
for financial advisory services.
Recommendation(s): Staff recommends approval of the contract.
Summary: The City has utilized First Southwest Company since 1996 for financial advisor
services.
First Southwest Company will assist the City in issuing debt, assisting in establishing
timelines for issuance of debt, perform necessary analysis regarding the financial resources
of the City, coordinate the assembly and transmittal of appropriate information to Bond
Counsel, coordinate the preparation and submission of Notice of Sale, the Preliminary
Official Statement and Official Statement and other marketing documents that may be
required, advise financial publication of a forthcoming sale, coordinate the preparation of
information for presentation to rating agencies, coordinate the receipt of bids and advising
the city of best bid, coordinate the expeditious delivery of the bonds, deliver to the city a
schedule of annual debt service requirements delivered to the purchaser and coordinate the
selection of a paying agent registrar.
Budget & Financial Summary: Funds for this expenditure are budgeted and available in
the various capital project funds where debt will be issued this year.
Attachments:
1. Contract 09-217
CONSULTANT CONTRACT
This Contract is by and between the City of College Station, a Texas Municipal Home-
Rule Corporation (the "City") and First Southwest Company, a Texas Corporation (the
L'C~ntra~tor"), whereby Contractor agrees to perform and the City agrees to pay for the work
described herein.
ARTICLE I
1.01 This Contract is for financial advisory services associated with the management
and issuance of debt (the "Project"). The scope and details of the work to be provided to the City
by Contractor are set forth in Exhibit "A" to this Contract and are incorporated as though fully
set forth herein by reference. Contractor agrees to perfom or cause the performance of all the
work described in Exhibit "A."
1.02 Contractor agrees to perform the work-described in -Exhibit "A" hereto and the
City agrees to pay Contractor a fee based on the rates set forth in Exhibit "B" to this Contract
for the services performed by Contractor. The invoices shall be submitted to the City following
the 15th day and the last day of each month. The payment terms are net payable within thirty
(30) calendar days of the City's receipt of the invoice. Upon termination of this Contract,
payments under this paragraph shall cease, provided, however, that Contractor shall be entitled to
payments for work performed in accordance with this Contract before the date of termination and
for which Contractor has not yet been paid.
1.03 The total amount of payment, including reimbursements, by the City to
Contractor for all services to be performed under this Contract may not, under any
circumstances, exceed Two Hundred Fifty Thousand Dollars and no1100 ($250,000.00).
1.04 The City may from time to time request changes in the scope and focus of the
activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this
Contract, provided, however, that any such change that in the opinion of Contractor, the City
Manager, or the City's Project Manager varies significantly from the scope of the work set out
herein and would entail an increase in cost or expense to the City shall be mutually agreed upon
in advance in writing by Contractor and the City's Project Manager.
1.05 Written change orders may be approved by the City Manager or his delegate
provided that the change order does not increase the amount set forth in paragraph 1.03 of this
Contract by more than five percent (5%). Changes in excess of this amount must be approved
by the City Council prior to commencement of the services or work. Any request by the
Contractor for an increase in the Scope of Services and an increase in the amount Iisted in
paragraph two of this Contract shall be made and approved by the City prior to the
Contractor providing such services or the right to payment for such additional services
shall be waived. If there is a dispute between the Contractor and the City respecting any service
provided or to be provided hereunder by the Contractor, including a dispute as to whether such
Page 1
Contract No. 09-217
CRC 3/16/00 Rev. 02/07/07
service is additional to the Scope of Services included in this Contract, the Contractor agrees to
continue providing on a timely basis all services to be provided by the Contractor hereunder,
including any service as to which there is a dispute.
1.06 Except as provided in Article VI hereinbelow, the term of this Contract shall be
for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of
both parties, including budget approval by the City, this Contract may be renewed on an annual
basis, under the same terms and conditions, for up to two (2) additional years (three (3) years
total). If, for any reason, funds are not appropriated to continue the contract, the contract shall
become null and void and shall terminate.
1.07 Time is of the essence of this Contract. The Contractor shall be prepared to
provide the professional services in the most expedient and efficient manner possible in order to
complete the work by the times specified.
1.08 Contractor promises to work closely with the City Manager or his designee (the
"Project Manager") or other appropriate City officials. Contractor agrees to perform any and all ..........pr.oj.e.c. ...re .e&b.s.k-$....fc- a .s-6-.zbl .req-ui. 3d..6 ..;t -.b-y.. * .E.. i-n .-..6..dc- -tF. fEl .fl. ll-.th-e -p-QT s-e .s..o.f. th-e ... ....... ....... ..... .. . -
work to be performed. The work of Contractor under this Contract may be authorized by the
Project Manager in various phases as set forth in Exhibit "A."
1.09 In all activities or services performed hereunder, the Contractor is an independent
contractor and not an agent or employee of the City. The Contractor, as an independent
contractor, shall be responsible for the final product contemplated under this Agreement. Except
for materials furnished by the City, the Contractor shall supply all materials, equipment and labor
required for the execution of the work on the Project. The Contractor shall have ultimate control
over the execution of the work under this Contract. The Contractor shall have the sole obligation
to employ, direct, control, supervise, manage, discharge, and compensate all of its employees
and subcontractors, and the City shall have no control of or supervision over the employees of
the Contractor or any of the Contractor's subcontractors except to the limited extent provided for
in this Contract. Contractor shall be liable for any misrepresentations. Any negotiations by the
Contractor on the City's behalf are binding on the City only when within the scope of work
contained herein and approved by the City.
ARTICLE LI
2.01 The City shall direct Contractor to commence work on the Project by sending
Contractor a "letter of authorization" to begin work on the Project.
2.02 Upon receipt of the letter of authorization to begin work on the implementation of
the Project, Contractor shall meet with the City for the purpose of determining the nature of the
Project, including but not limited to the following: meeting with the City's staff to coordinate
Project goals, schedules, and deadlines; coordinating data collection; briefing the City's
management staff; documenting study assumptions and methodologies; devising the format for
any interim reports and the final report to the City.
Page 2
Contract No. 09-217
CRC 3/16/00 Rev. 02/07/07
2.03 Contractor shall consult with the City and may, in some limited circumstances, act
as the City's representative, but it is understood and agreed by the parties that for all purposes
related to this Contract, Contractor shall be an independent contractor at all times and is not to be
considered either an agent or an employee of the City.
3.01 As an experienced and qualified professional, Contractor warrants that the
information provided by Contractor reflects high professional and industry standards,
procedures, and performances. Contractor warrants the design, preparation of drawings, the
designation or selection of materials and equipment, the selection and supervision of personnel,
the fitness and operation of its recommendations, and the pedormance of other services under
this Contract, pursuant to a high standard of performance in the profession. Contractor warrants
that it will exercise diligence and due care and perform in a good and workmanlike manner all of
the services pursuant to this Contract. Approval or acceptance by the City of any of Contractor's ................-.............work ci..ci PPrr;66dd~CCttt..t*~ddeef ffthhiiSSSSS~CCooii~a5:.tttt .sh. ~11 nn66tt...consti'~.t.&-" -.--. , or be deemed, a release of the
responsibility and liability of Contractor, its employees, agents, or associates for the exercise of
skill and diligence necessary to fulfill Contractor's responsibilities under this Contract. Nor shall
the City's approval or acceptance be deemed to be the assumption of responsibility by the City
for any defect or error in the Project's work products prepared by Contractor, its employees,
associates, agents, or subcontractors.
3.02 Contractor shall keep the City informed of the progress of the work and shall
guard against any defects or deficiencies in its work.
3.03 Contractor shall be responsible for using due diligence to correct errors,
deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any
eirors, deficiencies or any work product found unacceptable, in the City's sole discretion, as
soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said
errors, deficiencies or unacceptable work product.
3.04 Contractor's work product shall be the exclusive property of the City. Upon
completion or termination of this Contract, Contractor shall promptly deliver to the City all
records, notes, data, memorandum, models, and equipment of any nature that are within
Contractor's possession or control and that are the City's property or reIate to the City or its
business.
ARTICLE IV
4.01 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless
the City, its officers, employees, and agents (separately and collectively referred to in this
paragraph as "Indemnitee"), from and against any and all claims, losses, damages, causes
of action, suits, judgments, settlements made by Indemnitee, and liability of every kind,
Page 3
Contract No. 09-217
CRC 311 6/00 Rev. 02/07/07
including all expenses of litigation, court costs, attorneyls fees, and other reasonable costs
for damage to or loss of use of any property, for injuries to, or sickness or death of any
person, including but not limited to Contractor, any of its subcontractors of any tier, or of
any employee or invitee of Contractor or of any such subcontractors, that is caused by,
arises out of, related to, or in connection with, the negligence of and/or negligent
performance of this Contract by Contractor or by any such subcontractors of any tier,
under this Contract.
4.02 It is agreed with respect to any legal limitations now or hereafter in effect
and affecting the validity or enforceability of the indemnification obligation under
Paragraph 4.01, such legal limitations are made a part of the indemnification obligation
and shall operate to amend the indemnification obligation to the minimum extent necessary
to bring the provision into conformity with the requirements of such limitations, and as so
modified, the indemnification obligation shall continue in full force and effect.
4.03 Release. The Contractor releases, relinquishes, and discharges the City, its
officers, agents, 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, sickness or death of
the Contractor or its employees and any loss of or damage to any property of the
Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is
in connection with the Contractor's work to be performed hereunder. Both the City and
the Contractor expressly intend that this release shall apply regardless of whether said
claims, demands, and causes of action are covered, in whole or in part, by insurance and in
the event of injury, sickness, death, loss, or damage suffered by the Contractor or its
employees, but not otherwise, this release shall apply regardless of whether such loss,
damage, injury, or death was caused in whole or in part by the City, any other party
released hereunder, the Contractor, or any third party.
ARTICLE V
Insurance
5.00 The Contractor shall procure and maintain at its sole cost and expense for the
duration of this Agreement insurance against claims 'for injuries to persons or damages to
property that may arise fiom or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies,
limits and endorsements required are as set forth on Exhibit "C".
Page 4
Contract No. 09-217
CRC 3/I 6/00 Rev. 02/07/07
ARTICLE VI
6.01 At any time, the City may terminate the Project for convenience, in writing. At
such time, the City shall notify Contractor, in writing, who shall cease work immediately.
Contractor shall be compensated for the services performed. In the event that the City terminates
this Contract for convenience, the City shall pay Contractor for the services performed and
expenses incurred prior to the date of termination.
6.02 No term or provision of this Contract shall be construed to relieve the Contractor
of liability to the City for damages sustained by the City or because of any breach of contract by
the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until
the exact amount of damages due the City from the Contractor is determined and paid.
ARTICLE VII
~~.l... Th.i.s .s.. been. .ma.de..un& ei..m. dddShhalrbeeeegdveem~d-.bbY ~~~~~-~~-~~-~h-~~. S&~t-e- - - -- - -- -
of Texas. The parties agree that performance and all matters related thereto shall be in Brazos
County, Texas.
7.02 Notices shall be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received when sent
postage prepaid U.S. Mail to the following addresses:
City:
City of College Station
Attn: Jeff Kersten, CFO
P.O. Box 9960
College Station, Texas 77842
Contractor:
First Southwest Company
Attn: Drew Masterson
333 Clay Street, Suite 4000
Houston, TX 77002
7.03. Contractor, its employees, associates or subcontractors shall perform all the work
hereunder. Contractor agrees that all of its associates, employees, or subcontractors who work
on this Project shall be .hlly qualified and competent to do the work described hereunder.
Contractor shall undertake the work and complete it in a timely manner.
7.04 The Contractor shall comply with all applicable federal, state, and local statutes,
regulations, ordinances, and other laws, including but not limited to the Jinmigration Reform and
Control Act (RCA). The Contractor may not knowingly obtain the labor or services of an
Page 5
Contract No. 09-217
CRC 3/16/00 Rev. 02/07/07
unauthorized alien. The Contractor, not the City, must verify eligibility for employment as
required by IRCA.
7.05 No waiver by either party hereto of any term or condition of this Contract shall be
deemed or construed to be a waiver of any other teim or condition or subsequent waiver of the
same term or condition.
7.06 This Contract and all rights and obligations contained herein may not be assigned
by Contractor without the prior written approval of the City.
7.07 If any provision of this Contract 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 Contract is invalid or unenforceabIe, but
that by limiting such provision it may become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
7.08 This Contract represents the entire and integrated agreement between the City and
.. . . .. . . . . . . . . . . .. . . . -. . . .. . . . . . . . . . .. . Contractor-and -supersedes-all--prior-negot.iati~n~representationsoraeements, ei ther-written - or---
oral. This Contract may only be amended by written instrument approved and executed by the
parties.
7.09 The parties acknowledge that they have read, understood, and intend to be bound
by the terms and conditions of this Contract.
7.1 0 This Contract will be effective when signed by the last party whose signing makes
the Contract hlly executed.
FIRST SOUTHWEST COMPANY CITY OF COLLEGE STATION
By:
Mayor
Date:
ATTEST:
City Secretary
Date:
Page 6
Contract No. 09-217
CRC 3/16/00 Rev. 02/07/07
APPROVED:
City Manager
Date:
dm-/
City Attorney
Date :
Chief Financial Officer
Date:
Page 7
Contract No. 09-2 17
CRC 3/16/00 Rev. 02/07/07
Exhibit A
Scope of Services
1. Meet with the Chief Financial Officer (Project Manager) and the City staff to initiate
the Project.
2. ~stablish timeline for issuance of debt.
3. Perform necessary analysis regarding the financial resources of the City to determine
the extent of its borrowing capacity.
4. Coordinate the assembly and transmittal of appropriate information to Bond Counsel.
5. Coordinate the preparation and submission of the Notice of Sale, the Official
Statement and other marketing documents that may be required.
6. Advise financial publication of the forthcoming sale.
7. Coordinate the preparation of information for presentation to rating agencies
including coordinating personal presentation if appropriate.
8. Coordinate the receipt of bids and advising the City of the best bid.
9. Coordinate the expeditious delivery of the bonds.
10. Deliver to the City a schedule of annual debt service requirements on the obligations
delivered to the purchaser.
11. Coordinate the selection of a Paying Agent Registrar for the bonds.
Page 8
Contract No. 09-2 1 7
CRC 3/16/00 Rev. 02/07/07
Exhibit B
Payment Terms
The fees are conditioned and payable after closing of each series of bonds. The following fee
schedule applies to each series of bonds issued under this contract:
$9,000 for the first
plus $4.00 per $1,000 for the next
plus $2.00 per $1,000 for the next
plus $1 .OO per $1,000 for the next
$ 1,000,000 of bonds issued
$ 4,000,000 of bonds issued
$ 5,000,000 of bonds issued
$40,000,000 of bonds issued
The City shall be responsible for the folIowing expenses, whether they are charged to the City
directly as expenses or charged the City by First Southwest Company:
*3 Bond Counsel
*:* Computer structuring
*3 Credit enhancement
*:* Paying agent/registrar/tmstee
*:* Undenvriter(s) and underwriters counsel
*:* Printing and distribution of Oficial Statements and accompanying documents (both
competitive and negotiated sales)
*:* Reports of independent consultants
*3 Rating fees
*:* Travel to rating meetings
*:* Verification of calculations
*:* Printing of debt instruments
*3 Delivery of debt instruments
*:* Other incidental expenses expressIy approved in advance by the City
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Exhibit C
Insurance Requirements
I. The Contractor agrees to maintain the types and amounts of insura~~ce required in this
Contract throughout the term of the Contract. The following insurance policies shall be required:
A. Commercial General Liability
B. Business Automobile Liability
C. Workers' Compensation
D. Professional Liability
11. For each of these policies, the Contractor's insurance coverage shall be primary with
respect to the City, its officials, employees and volunteers. Any insurance or self-insurance
carried or obtained by the City, its officials, employees or volunteers, shall be considered in
excess of the Contractor's insurance and shall not contribute to it. No term or provision of the
indemnification provided by the Contractor to the City pursuant to this Contract shall be
construed or interpreted as limiting or otherwise affecting the terms of the insurat~ce coverage.
All Certificates of Insurance and endorsements shall be furnished to the City's Representative at
the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City
before work commences.
III. The Contractor shall include all subcontractors as Additional Insureds under its policies,
or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all requirements stated herein.
IV. General Requirements Applicable to All Policies.
A. Only insurance carriers licensed and admitted to do business in the State of Texas
shall be accepted.
B. Deductibles shall be listed on the certificate of insurance and are acceptable only
on an "occurrence" basis for property damage only.
C. "Claims made" policies are not accepted, except for Professional Liability
insurance.
D. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, or reduced in coverage or in limits except after
thirty (30) calendar days prior written notice has been given to the City of College
Station by certified mail, return receipt requested.
E. Upon request, certified copies of all insurance policies shall be furnished to the
City.
F. The Certificates of Insurance shall be prepared and executed by the insurance
company or its authorized agent. Each certificate shall contain the following
provisions and warranties:
1. The insurance company is licensed and admitted to do business in the
State of Texas
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Contract No. 09-217
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2. The insurance policy is underwritten on forms provided by the Texas State
Board of Insurance or IS0
3. All endorsements and coverages are included according to the
requirements of this Contract
4. The form of notice of cancellation, termination, or change in coverage
pl-ovisions is specified in this attachment
G. The City of College Station, its officials, employees, and volunteers are to be
named Additional Insureds on the Commercial General Liability and Business
Automobile Liability Policies. The coverages shall contain no special limitations
on the scope of protection afforded the City, its officials, employees, and
volunteers.
V. Commercial Genera1 Liability requirements:
A. Coverage shall be written by a carrier with an "A: VIII" or better rating in
accordance with the current Best Key Rating Guide.
B. Minimum Combined Single Limit of $1,000,000 per occurrence per project for
bodily injury and property damage with a $2,000,000 annual aggregate limit.
C. Coverage shall be at least as broad as Insurance Service's Office Number CG 00
01.
D. No coverage shall be excluded from the standard policy without notification of
individual exclusions being attached for review and acceptance.
E. The coverage shall include but not be limited to premises/operations; independent
contracts; products/completed operations; contractual liability (insuring the
indemnity provided herein); and where exposures exist, Explosion, Collapse and
Underground coverage.
F. The City shall be named as Additional Insured, and the policy shall be endorsed
to waive rights of subrogation, to be primary and non-contributory with regard to
any self-insurance or insurance policy held by the City.
VI. Business Automobile Liability requirements:
A. Coverage shall be written by a carrier with an "A:VIII" or better rating in
accordance with the current Best Key Rating Guide.
B. Minimum Combii~ed Single Limit of $1,000,000 per occurrence for bodily injury
and property damage.
C. The Business Auto Policy must show Symbol 1 in the Covered Autos portion of
the liability section in Item 2 of the declarations page.
D. The coverage shall include owned, leased or rented autos, non-owned autos, any
autos and hired autos.
VII. Workers Compensation Insurance requirements:
A. Pursuant to the requirements set forth in Title 28, Section 110.1 10 of the Texas
Administrative Code, all employees of the Contractor, the Contractor, all
Page 1 I
Contract No. 09-21 7
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employees of any and all subcontractors, and all other persons providing services
on the Project must be covered by a workers compensation insurance policy,
either directly through their employer's policy (the Contractor's, or
subcontractor's policy) or through an executed coverage agreement on an
approved DWC form. Accordingly, if a subcontractor does not have his or her
own policy and a coverage agreement is used, Contractors and subcontractors
must use that portion of the form whereby the hiring contractor agrees to provide
coverage to the employees of the subcontractor. The portion of the form that
would otherwise allow them not to provide coverage for the employees of an
independent contractor may not be used.
B. The workers compensation insurance shall include the following terms:
1. Employer's Liability limits of $1,000,000 for each accident is required.
2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC
42 03 04" shall be included in this policy.
3. Texas must appear in Item 3A of the Worker's 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.
C. Pursuant to the explicit terms of Title 28, Section 110.1 10(c)(7) of the Texas
Administrative Code, this Agreement, the bid specifications, and ail subcontracts
on this Project must include the terms and conditions set forth below, without any
additional words or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of
documentation:
"A. Dejnitions:
Certificate of coveraee ("certificate") - A copy of a certiJicate of inszrrance, a
certificate of authority to self-insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-83, or TWCC-84),
showing statzrtory workers' compensation insurance coverage for the pei+sonls or
entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the timeji-om the beginning of the work on the
project until the Contractor 's/person 's work on the project has been completed
and accepted by the governmental entity.
Per-sons ~rovidinn sewices on the project ("subcontractors" in 6 406.096 /of the
Texas Labor Code7) - includes all persons or entities performing all orpart of the
services the Contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the Contractor and regardless of
whether that person has einployees. This includes, ~~ithout limitation,
independent Contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
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Contract No. 09-21 7
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furnishes persons to provide sewices on the project. "Sewices " include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as foodbeverage vendor-s, office
supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of
classiJication codes and payroll amounts andJiling of any coverage agreements,
that meets the statutoly requirements of Texas Labor Code, Section 801.01 I(44)
for all employees of the Contractor providing sewices on the project, for the
duration of the project.
C. The Contractor must provide a certzjicate of coverage to the governmental
entity prior to being awarded the contract.
D. lfthe coverage period shown on the Con@actor's current certzjkate of
coverage ends diring the duration of the project, the Contractor must, prior to
the end of the coverage period, Jile a new certzjicate of coverage with the
governmental entity showing that coverage has been extended.
E. The Contractor shall obtainfi.om each person providing services on a project,
andprovide to the governmental entity:
(I) a certiJicate of coverage, prior to that person beginning work orz
the project, so the governmental entity will have onJile certijlcates of
coverage showing coverage for all persons providing sewices on the
project; and
(2) no later than seven calendar days after receipt by the Contractor,
a new cerwcate of coverage showing extension of coverage, ifthe
coverage period shown on the current certzj?cate of coverage ends during
the duration of the project.
F. The Contractor shall retain all required certijkates of coverage for the
duration of the project and for one year thereafter.
G. The Contractor shall notzh the governmental entity in writing by certzj?ed
mail or personal delivery, within 10 calendar days after the Contractor knew or
should have known, or any change that materially afSects the provision of
coverage of any person providing sewices on the project.
H. The Contractor shall post on each project site a notice, in the text, form and
rnanner prescribed by the Texas Wor-kers' Compensation Commission, informing
all persons providing sewices on the project that they are required to be covered,
and stating how aperson may verzfi coverage and report lack of coverage.
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I. The Contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
(I) provide coverage, based on proper reporting of class~jication
codes and payroll amounts andJiling of any coverage agreements, that
meets the statutory requirements of Texas Labor Code, Section
401.01 l(44) for all of its enzploj~ees providing services on the project, for
the duration of the project;
(2) provide to the Contractor, prior to that person beginning work on
the project, a cert~jicate of coverage showing that coverage is being
provided for all employees of the person providing services on the project,
for the duration of the project;
(3) provide the Contractor, prior to the end of the coverage period, a
new cert~jicate of coverage showing extension of coverage, ifthe coverage
period shown on the current certijicate of coverage ends during the
duration of the project;
(4) obtain)om each other person with whom it contracts, andprovide
to the Contractor:
(a) a certzjicate of coverage, prior to the other person
beginning work on the project; and
(b) a new certiJicate of coverage showing extension of
coverage, prior to the end of the coverage period, if the coverage
period shown on the current certzjicate of coverage ends during
the duration of the project;
(5) retain all required certiJicates of coverage on file for the duration
of the project and for one year therea$er;
(6) not13 the governmental entity in writing by certiJied mail or
personal deliveqy, within 10 calendar -days aper the person knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, to
perform as required by paragraphs (a) - (@, with the cert~jicates of
coverage to be provided to the person for whom they are providing
services.
J. By signing this contract, or providing, or causing to be provided a certiJicate
of coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
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Contract No. 09-2 17
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covered by workers' compensation coverage for tlze duration of the project, that
the coverage will be based on pr-oper reporting of classiJication codes andpayroll
amounts, and that all coverage agreements will beJiled with the appropriate
insurance carrier or-, in the case of a self-insured, with the Commission's Division
of Self-Insurance Re,oulation. Providing false or misleading irzformation may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of
contracf by the Contractor that entitles the governmental entity to declare the
contract void ifthe Contractor does not remedy the breach within ten calendar
days a3er receipt of notice of breach@om the governmental entity."
VIII. Professional Liability requirements:
A. Coverage shall be written by a carrier with a "A:VIII" or better rating in
accordance with the current Best Key Rating Guide.
B. Minimum of $lY000,000 per occurrence and $2,000,000 aggregate, with a
maximum deductible of $100,000.00. Financial statements shall be furnished to
the City upon request.
C. For "claims made" policies, a 24-month extended reporting period shall be
required.
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