HomeMy WebLinkAbout10/19/2009 - Regular Agenda Packet - City Council (2)Mayor
Ben White
Mayor Pro Tem
Dave Ruesink
City Manager
Glenn Brown
CITY or: Cc )I~IJ-GG STATION
Home of TPxm A&hI U~~iuersiiy' Council members
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Agenda
College Station City Council
Regular Meeting
Monday, October 19,2009 at 12:OO PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
2. Hear Visitors.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
oaring shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration
~rms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining for
remarks.
3. 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 City Council Workshop and Regular meeting,
September 24,2009.
b.Presentation, possible action, and discussion on approving the budget of the George Bush Presidential
Library Foundation; and presentation, discussion and possible action on a funding agreement between the
City of College Station and the George Bush Presidential Library Foundation for FYlO in the amount of
$50,000.
c. Presentation, possible action and discussion on a resolution stating that the City Council has reviewed and
approved the City's Investment Policy, Broker-Dealer List and Investment Strategy.
d.Presentation, possible action and discussion on a funding agreement between the City of College Station
and the Keep Brazos Beautiful for FY 10 in the amount of $60,240.
e. Presentation, possible action and discussion to approve the Master Cash Management Service Agreement
with the City's bank depository, Citibank Texas, N.A.
City Council Regular Meeting Page 2
Monday, October 19,2009
f. Presentation, possible action and discussion approving a resolution authorizing expenditures for the Brazos
Animal Shelter in the amount of $71,214.
g.Presentation, possible action, and discussion on changes to the City's Homebuyer Down-Payment
Assistance Program (DAP) Guidelines.
h.Presentation, possible action, and discussion regarding adoption of a resolution to award contract 09-306 to
HDR Engineering Inc in the amount of $209,500 for a Wastewater Collection System Planning Evaluation.
i. Presentation, possible action, and discussion on a change order to the Design Contract 06-238 with Bleyl
and Associates in the amount of $5,350; for the Westminster Sanitary Sewer Line Extension Project to
update the topographic survey and revise the design drawings to reflect current conditions.
j. Presentation, possible action, and discussion of resolutions awarding bids for the installation of roadway
traffic markings and traffic control to lowest responsible bidder Highway Technology of Austin, Texas in the
amount of $163,182.50 and, traffic control services to lowest responsible bidder N-Line Traffic Maintenance
of Bryan, Texas in the amount of $1 8,706.25.
k.Presentation, possible action, and discussion regarding a request for release of lien on 150 Venture Lane
currently held by the City.
1. Presentation, possible action, and discussion authorizing the payment of an economic development
incentive in the total amount of $250,000 to Texas A&M University's Texas Institute for Preclinical Studies
(TIPS).
m. Presentation, possible action and discussion regarding approval of an Interlocal Agreement between the
Cities of College Station, Bryan, and Wickson Creek Special Utility District (WCSUD) in the amount of
$171,833.00 to extend water service to the BVSWMA Twin Oaks Landfill in Grimes County and a payment
authorization in the amount of $16,976.00 for easements assigned to WCSUD related to the water service
extension project.
n.Presentation, possible action and discussion regarding approval of Service, Construction and Defined
Corporate Easement ApplicatiodAgreements between the Cities of College Station, Bryan, and Mid-South
Synergy in the total amount of $54,142.54 to connect electric service to the BVSWMA Twin Oaks Landfill
in Grimes County.
o.Presentation, possible action, and discussion on the purchase of a D8T Dozer from Mustang Tractor &
Equipment to be used by the Brazos Valley Solid Waste Management Agency in the amount of $7 19,000.00.
p.Presentation, possible action and discussion to authorize an increase in funds for professional services
rendered in fiscal year 2009 from Coats, Rose, Yale, Ryman & Lee PC for litigation concerning the Brazos
Valley Solid Waste Management Agency (BVSWMA) in the amount of $33.284.46 for a total of
$123,284.46. Approval by the Council of this request will ratify $33,284.46 expended for additional legal
costs associated with this project through September 30, 2009.
q.Presentation, possible action, and discussion to approve an agreement in an amount not to exceed $60,000
with the legal firm of Nichols, Jackson, Dillard, Hager & Smith, L.L.P. to establish an entity, such as a local
government corporation, to own and operate Brazos Valley Solid Waste Management Agency and
authorization for the Mayor to execute the agreement.
City Council Regular Meeting
Monday, October 19,2009
Page 3
r. Presentation, possible action, and discussion regarding an amendment to the Economic Development,
Drainage and Corridor Beautification Participation Agreement between the City of College Station and
Sahara Realty.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor's reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor's announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 112 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
the lobby by providing the name, address, and comments about a city related subject. These comments will
~e referred to the City Council and City Manager.
4. Presentation, possible action, and discussion regarding construction on the campus of Texas A&M
University and their current capital project program.
5. Presentation, possible action, and discussion regarding the potential creation of a "Medical Corridor" in
the southern portion of the City.
6. Presentation, possible action and discussion to approve a funding addendum that will authorize
expenditures for the Brazos County Health Department in the amount of $351,500.
7. Presentation, possible action, and discussion on a potential amendment to the Unified Development
Ordinance related to architectural standards for municipal facilities that are industrial in nature.
8. Presentation, possible action and discussion on a resolution approving a preliminary official statement,
and related material; and on an ordinance authorizing the issuance and sale of City of College Station,
Texas General Obligation Refunding Bonds, Series 2009; establishing parameters regarding the sale of
the bonds; approving the execution of an escrow agreement; and ordaining other matters related thereto,
including immediate effectiveness.
9. Presentation, possible action, and discussion regarding the approval of a Real Estate Contract for the
purchase of 204 - 220 Holleman Drive East.
10. Presentation, possible action, and discussion regarding update to the existing ordinance regulating
taxicabs operating within the city limits of College Station.
City Council Regular Meeting Page 4
Monday, October 19,2009
. Presentation, possible action, and discussion regarding video surveillance cameras recently installed in
the Northgate Entertainment District.
12. Presentation, possible action and discussion regarding the College Station Storm Water Management
Plan.
13. Council Calendar
October 19 Annual Chamber of Commerce Banquet at CS Hilton, 6:00 p.m.
October 20-23 TML 97"' Conference in Ft. Worth, Texas, 8:00 a.m.
October 21 Exploring History Hunch Lecture Series at CS Conference Center Rm 127, 1 1 :30 a.m.
October 22 Central CS Neighborhood Plan Meeting at Peace Lutheran Church, 6:00 p.m.
October 26 Community Mtg - Hike & Bike Trail on FM28 18 at Peace Lutheran Church, 6:30 p.m.
October 27 Wind Energy Symposium at Pebble Creek Country Club, 8:00 a.m.
October 28 Community Covenant Signing Ceremony at Kyle Field, 1 :00 p.m.
November 3 Community Mtg - Bicycle, Pedestrian & Greenways Master Plan, at CS Conf Center,
Rm 127, 6:30 p.m.
November 4 ZBA Public Hearings in Council Chambers, 5:00 p.m.
November 9 Council WorkshopIRegular Meeting in Council Chambers, 12:OO to 4:30 p.m.
November 9 The Fall of the Berlin Wall 2oth Anniversary at George Bush Library & Conference
Center, 5:30 p.m.
November 10-14 NLC Congress of Cities in San Antonio, Texas, 8.00 a.m.
1. 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.
15. 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, Code Review Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Landmark Commission, 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).
16. Executive Session will immediately follow the workshop meeting in the Administrative Conference Room.
Consultation with Attorney {Gov't Code Section 551.071 1; 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
Page 5 City Couilcil Regular Meeting
Monday, October 19,2009
b. Sewer CCN permit requests for Bmshy & 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 McIlhaney,
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. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal issues related to the real estate contract between City of College Station and CHSC, Ltd.
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
Economic Incentive Negotiations {Gov't Code Section 551.087); possible action The City Council may
deliberate on commercial or financial information that the City Council has received ftom a business
prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City
Council in conducting economic development negotiations may deliberate on an offer of financial or
other incentives for a business prospect. After executive session discussion, any final action or vote taken
will be in public. The following subject(s) may be discussed:
a. Arctic Wolf Ice Center
17. Action on executive session, or any workshop agenda item not completed or discussed in today's workshop
meeting may be discussed in tonight's Regular Meeting if necessary.
18. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
City Manager
lotice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
_,eld on the Monday, October 19, 2009 at 12:00 PM at the City Hall Council Chambers, 1 101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 16"' day of October, 2009 at 12.00 p.m.
City Council Regular Meeting
Monday, October 19,2009
Page 6
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.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on October 16, 2009 at 12:OO p.m. 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 posting board at the College Station City Hall on the following
date and time: by
Dated this day of ,2009 By
Subscribed and sworn to before me on this the day of ,2009.
Notary Public - Brazos County, Texas My commission expires:
he 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.~ov . Council meetings are broadcast live on Cable Access Channel 19.
Mayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
Councilmembers
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Minutes
City Council Workshop Meeting
Thursday, September 24,2009 at 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Ben White, Mayor Pro Tem Ruesink, Council members Crompton, Mass1
~aloney, Lyles and Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley, C
Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
1. Presentation, possible action, and discussion on items listed on the consent agenda. -
Item No. 2b - Council member Stewart inquired if the requested change order for additional design and
surveying, work associated with the Southwood 5-7 Utility Rehabilitation Project was completely covered
within the budget. Chuck Gilman, Director of Capital Projects responded that the budget included
monies to allocate to this project.
Item No. 2k - Mayor Pro Tem Ruesink inquired if a cost analysis was prepared on janitorial services and
if it's more cost effective to contract outside services. Director of Public Works stated that the City has
hired janitorial services for many years. City Manager Glenn Brown also concurred with Mr. Smith that
outsourcing is more cost effective. Staff will look into an analysis for next year.
Item No. 2p - Council member Lyles inquired on the amount of funds to Coats Rose Ryrnan and Lee for
professional legal services for the Weingarten Realty lawsuit through September 30, 2009. City Attorney
Harvey Cargill requested Council discuss-in executive session.
2. Presentation, possible action, and discussion regarding: a resolution of the City Council of the -
College Station, Texas approving and setting fees for Parks and Recreation activities and
facilities for Calendar Year 2010.
Tony Cisneros, Director of Parks and Recreation presented an overview of fees for calendar year 201 0 and
the Tiered Priority Structure of the Parks and Recreation Department Priority of Usage Policy. The Parks
and Recreation Advisory Board and Staff recommended approval of resolution and fees schedule as
submitted. Council expected to hold public hearing and consider resolution on October 8.
Following lengthy discussion, Council gave the following direction to staff:
Page (2
City Council Workshop Minutes
Thursday, September 24,2009
1. Recommended a calculation of regular rate for non-residents from 30% to 50% higher than discounted
rates for College Station residents and based on proforma to be provided by staff. (4-3 vote)
2. Team membership of 75%/25% for College Station resident teams but higher rate for non-resident
players. (6-1 vote)
3. Recommended a joint meeting with Parks & Recreation Advisory Board and City Council to hold
discussion on private use and boot camps. (7-0 vote)
4. Recommended staff prepare a final cost service analysis for PARD fees for FY 10.
Discussion concluded.
3. Presentation, possible action, and discussion reearding a proposed Highway 6lUniversitv -
Drive Tree Beautification Proiect update presentation.
Tony Cisneros, Director of Parks and Recreation presented Council an update of the proposed Highway
6lUniversity Drive Tree Beautification Project. Staff requested Council to consider postponing this
project indefinitely until such time as funding for the required operations and maintenance were identified.
Options to consider:
1. Proceed with the project and maintain to City standards.
2. Proceed with the project and maintain to State standards.
3. Postpone the project until O&M funding has been identified.
Council member Crompton made a motion to move forward with the proposed Highway 6AJniversity
Drive Tree Beautification Project and maintained in a hybrid manner, with concentration of maintenance
on exterior of property. Council member Maloney seconded the motion, which carried 5 - 2.
FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Maloney and Stewart
AGAINST: Council members Lyles and Massey
4. Presentation, possible action, and discussion on an update regarding the Central College -
Station Neighborhood Plan and its associated Phase 1 Report.
Lindsay Kramer, Senior Planner presented an update on the progress of neighborhood planning. Staff has
begun work on the Central College Station Neighborhood Plan, which area is bounded by Harvey
Mitchell Parkway, Texas Avenue, Rock Prairie Road, and Wellborn Road. Staff recommended Council to
provide any further direction or clarification deemed appropriate for the Central College Station
Neighborhood Plan.
Council directed staff to move forward. No formal action was taken.
6. Presentation, possible action, and discussion concerning the City Internal Auditor's Fiscal -
Year 2010 Audit Plan.
Ty Elliott, Internal Auditor presented an overview of FY 201 0 Audit Plan which included the following.
9 Utility Billing Cash Handling Audit
9 Purchasing Audit Follow Up
9 Municipal Court Cash Handling Audit
9 Fuel Asset Management Audit Follow Up
P Parks and Recreation Cash Handling Audit
9 Citywide
On Behalf ofthe Citizens of College Station, Home of Texas AM University, We tvill contin~te to Promote and Advance the
Community's Quality of Life
City Council Workshop Minutes
Thursday, September 24,2009
Page (3
Council member Massey moved to approve the FYlO Audit Plan. Council member Stewart seconded the
motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
5. Presentation, possible action, and discussion on an update recarding the Bicycle, Pedestrian -
and Greenway Master Plan.
Council pulled item to send back to the Transportation Committee. The remaining Workshop agenda
items were discussed following the regular meeting.
10. Executive Session will immediately follow the workshop meeting in the Administrative -
Conference Room.
At 5:30 pm, Mayor White announced that the City Council would convene into executive session pursuant
to Sections 55 1.071, and 55 1.072 of the Open Meetings Act to seek the advice of our city attorney, and to
consider the purchase of real property.
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
i. 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 McIlhaney,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
On Behalfof the Citizens of College Station, Home of Texas AM University, We will contin~le to Promote and Advance the
Community's Quality of Life
Page 14
City Council Workshop Minutes
Thursday, September 24, 2009
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal issues related to Economic Development Agreement between City of College Station &
Sahara Realty
o. Legal issues related to the real estate contract between City of College Station and CHSC,
Ltd.
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
11. Action on executive session, or any workshop agenda item not completed or discussed in
Council returned to open session at 7:00 pm. No action was taken.
12. Adjourn. -
The workshop meeting adjourned at the same time as the regular meeting.
PASSED AND APPROVED this October 19,2009
ATTEST: APPROVED:
City Secretary Connie Hooks Mayor Ben White
On Behalfof fhe Citizens of College Stafion, Home of Texas AM Unive~,sity, We will continlie to P~,omote and Advance the
Comm~lnity 's Q~lalily of Life
Mayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
Crrr.\, 01; Co~.~.r:c;r. SI;YI.ION Councilmembers
ff(11716~ oj'7i,.vm A d-fbf L;~jizvr~-i~y John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Minutes
City Council Regular Meeting
Thursday, September 24,2009 at 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
IUNCIL PRESENT: Mayor Ben White, Mayor Pro Tem Ruesink, Council members Crompton, Massey, Malonl
les, Stewart
'AFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley, City Attorr
rp" 'r., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
: Pledge of Allegiance, Invocation, Consider.absence request, Hear Visitors
Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White led the
audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation.
Hear Visitors:
Lori Ash, 804 Prestwick Court - presented some statistics of red light cameras.
Daniel Dick, Student Senator in TAMU requested Council to allow a representative from TAMU Student
Senate as non-voting member on College Station City Council.
Jim Ash, 804 Prestwick Court spoke regarding the city's open records policy and requested Council to review
the policy and procedures.
: 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. Approved a change order to Contract #07-273 in the amount of $191,838.91 to JaCody, Inc. for
construction work associated with Police Department Renovations Project.
o. Approved a Change Order in the amount of $48,895 to Bleyl & Associates for additional design
and surveying work associated with the Southwood 5-7 Utility Rehabilitation Project.
City Council Regular Meeting Minutes
Thursday, September 24, 2009
Page 12
c. Approved an amendment to the contract with the Texas Department of State Health Services for
the Mayor's Council on Physical Fitness Grant Contract.
d. Approved Resolution No. 09-24-09-2d on contract with Orion Construction in an amount not to
exceed $1 14,335.00 for the construction of a new, affordable, single-family residence at 4214
Cripple Creek Court using federal HOME Investment Partnership Grant (HOME) funds.
e. Approved Resolution No. 09-24-09-2e on contract with Orion Construction in an amount not to
exceed $1 12,435.00 for the construction of a new, affordable, single-family residence at 4284
Hollow Stone Drive using federal HOME Investment Partnership Grant (HOME) funds.
f. Approved a change order to Contract #09-222 with Fuqua Construction Inc. in the amount of
$1 1,000 for the development of the improvements at John Crompton Park pond.
g. Approved an authorized expenditure of funds for FY'10, items exempt fiom competitive bidding
as described more fully in Texas Local Government Code, Chapter 252.022; and other
expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000.
List of items posted as attachment to the agenda.
Approved a ratification of a purchase order to repair the centrifuge at the Carters Creek
Wastewater Treatment Plant in the amount of $64,885.
i. Approved a purchase order to DXI Industries for the purchase of liquid chlorine for use in our
public water supply. The amount of the purchase order is $77,220.
j. Approved a professional services contract with Interra Hydro, Inc., in the amount of $56,393 for
the inspection, condition assessment, and capacity analysis of the Northeast Sewer Trunkline.
k. Approved a Services Contract with Professional Floor Service and Janitorial for janitorial services
for all City offices for an annual expenditure of $198,343.44.
1. Approved the first renewal of bid #08-84 to Brazos Paving Inc. in an amount not to exceed
$41 1,000.00 for the annual blanket order of concrete curblgutter & flatwork used to maintain City
infrastructure.
m Approved Resolution No. 09-24-09-2m on testing and inspecting contract #09-293 with CSC
. Engineering & Environmental Consultants, Inc. in the amount of $62,000.00 for the Rock Prairie
Road Landfill.
n. Approved a three month renewal of Excess LiabilityIWorkers Compensation to Star National
Insurance Co. for $69,066 PropertyIBoiler and Machinery to Affiliated FM for $22,843 Crime
Coverage to Federal Insurance Co. for $1,140 and EMT Liability to Western World Insurance Co.
for $1,200.
On Behalf of the Citizens of College Station, Home of Texas AM University, We will continue to Pi-omote and Advance the
Community's Quality of Lfe
City Council Regular Meeting Minutes
Thursday, September 24, 2009
Page 13
o. Approved an Interlocal Agreement (ILA) between the City of College Station and Public
Employee Benefits Alliance (PEBA) for annual membership.
p. Approved authorized additional funds for professional legal services provided by Coats Rose
Ryman and Lee for the Weingarten Realty lawsuit through September 30, 2009. (Council Voted
Separately)
q. Presentation, possible action, and discussion to approve an agreement in an amount not to exceed
$60,000 with the legal firm of Andrews Kurth LLP to perform legal work in connection with the
creation of a new Texas local government corporation to own and control the Twin Oaks Landfill
and authorization for the Mayor to execute the agreement. (Council Pulled Item from Agenda)
Council pulled consent item 2p for separate vote and pulled item 2q for future agenda.
Council member Crompton moved to approve consent items 2a, 2b, 2c thru 20. Council member Stewart
seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
mncil member Crompton moved to approve consent item 2p for professional legal services provided by Coats
Rose Ryman and Lee for the Weingarten Realty lawsuit through September 30, 2009 in the amount of
$540,000. Council member Stewart seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #1
amending ordinance number 3202 which will amend the budpet for the 2009-2010 Fiscal Year in the
amount of $8,094,128 providing annual 12 month appropriation for the Brazos Valley Solid Waste
Management Agency (BVSWMA).
Jeff Kersten, Chief Financial Officer presented a brief overview of Budget Amendment #1 on BVSWMA. Staff
recommended Council te hold a public hearing on Budget Amendment #1, and approve the budget amendment
ordinance amending the budget for BVSWMA by adding the annual 12 month appropriations for BVSWMA in
the amount of $8,094,128.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Massey moved to approve Ordinance No. 3208 to amend the Budget for BVSWMA by
adding the annual 12 month appropriations for BVSWMA in the amount of $8,094,128. Council member Lyles
seconded the motion, which carried 7 - 0.
3R: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
On Behalfof the Citizens of'College Station, Home of Texas A&M University, We will contin~~e to Promote and Advance the
Comm~~nity 's Q~~ality of Life
City Council Regular Meeting Minutes
Thursday, September 24, 2009
Page 14
Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12,
"Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of
the City of College Station, Texas by rezoning from A-0 Agricultural-Open to a Planned Development
District 1.5 acres located at 13601 and 13679 FM 21 54, generally located at the intersection of W.D.
Fitch Parkway and Wellborn Road.(Case #09-00500161)
Lauren Hovde, Staff Planner presented a UDO rezoning application for an amendment on 1.5 acres located at
13601 and 13679 FM 2154, generally located at the intersection of W.D. Fitch Parkway and Wellborn Road.
The P&Z Commission and Staff recommended denial of this request. If Council approves, Staff recommended
that the applicant be required to exceed minimum landscaping and buffer standards to alleviate some impact
from the development's intensity, that structures on this site be required to have a residential-style pitched roof,
not exceeding thirty-five feet in height, and that all setbacks and heights be measured from future back-of-curb
estimates based on TxDOT plans for Wellborn Road and W.D. Fitch.
Mayor White opened the public hearing.
Ray Hanson, Developer, 730 Rosemary Dr. presented overview of his proposed development and requested
Council to approve this request with the reduction to buffer and variance. He believed-TxDOT will approve the
application for the off ramp.
Planning and Zoning Commissioner Paul Greer briefly summarized the action taken by the Planning and
Zoning Commissioners at their September 3rd meeting. Motion failed 6 - 0 denying the request for rezoning.
Oliver Bishop, Representative of Property Owner, 1400 Cordell stated if property is not rezoned it will not be
marketable and will diminish the character. Also, he stated that the future of the property owner is dependent
on the sale of the property.
Linda Tatum, resident of College Station supported the rezoning.
Carmla Harmon, resident of College Station explained to Council the development needed in this area and
asked Council to approve applicant's request.
Daniel Dick, Student Senate of TAMU asked Council to approve request due to the number of students in this
area and the need for a gas station in this area.
Mayor White closed the public hearing.
Council member Lyles moved to approve the rezoning ordinance amending Chapter 12 from A-0 Agricultural
Open to a Planned Development District with contingent upon agreement with TxDOT, with pedestrian access,
a 6 foot buffer, protecting trees, and landscaping to protect the corridor. Council member Stewart seconded the
motion.
Mayor Pro tem Ruesink and Council member Maloney recommended staff to send back to P&Z Commission
and to make this property a true PDD.
,ouncil member Lyles withdrew her motion and Council member Stewart withdrew his second.
On Behalfof the Citizens of College Station, Home of Texas A&M University, We lvill contin~~e to Promote and Advance fhe
Comm~lnity 's Q~~ality of Life
City Council Regular Meeting Minutes
Thursday, September 24, 2009
Page 15
Council member Crompton moved to deny the rezoning request on 1.5 acres located at 13601 and 13679 FM
2154, generally located at the intersection of W.D. Fitch Parkway and Wellborn Road. Council member
Massey seconded the motion, which failed 3 - 4.
FOR: Mayor Pro tem Ruesink, Crompton, Massey and Maloney
AGAINST: Mayor Ben White, Lyles and Stewart
Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12,
"Unified Development Ordinance, Section 7.1 1 .B "Categories of Outdoor Storape and Display" of the
Code of Ordinances of the City of College Station, Texas regarding outdoor displays of merchandise in
non-residential districts.
Jennifer Prochazka, Senior Planner presented a brief overview of a proposed ordinance amending Chapter 12,
UDO, "Categories of Outdoor Storage and Display" that will allow retailers the option to identify the location
of outdoor display areas during the site planning process and limits the allowable area to no more that 10% of
the floor area of the building or 2,500 square feet, whichever less. P&Z Commission and Staff recommended
approval of this amendment.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Stewart moved to approve Ordinance No. 3209 to amend Chapter 12, of the UDO Section
1 l.B "Categories of Outdoor Storage and Display" regarding outdoor displays of merchandise in non-
residential districts. Council member Massey seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
Public hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter
12, "Unified Development Ordinance". Section 6.2.C, "Use Table" of the Code of Ordinances of the
City of College Station, Texas related to tvpes of uses permitted in the C-3 Light Commercial zoning
district.
Jennifer Prochazka, Senior Planner presented a proposed ordinance amending Chapter 12, "UDO" of the Code
of Ordinance, to a C-3 Light Commercial zoning district with a Conditional Use Permit that is designed to
provide locations for commercial sites that are too small for many permitted uses in the C-1 General
Commercial District and are moderately low traffic generators that have little impact on adjacent areas or on
adjacent thoroughfares.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3210 to amend Chapter 12, UDO Section 6.2.C,
"Use Table" to permit a Commercial Amusement to be located in the C-3 zoning district with a Conditional Use
Permit. Council member Lyles seconded the motion, which carried 7 - 0.
3R: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart
AGAINST: None
On Behalfof the Citizens of College Station, Home of Texas AM University, We will contin~re to Promote and Advance the
Comm~rnity S Q~~ality oflife
City Council Regular Meeting Minutes
Thursday, September 24, 2009
Page 16
At this time, Council returned to the Workshop Agenda to complete the items of business.
Council Calendar
Council reviewed upcoming meetings and events.
Presentation, possible action, and discussion on future agenda items: A Council Member may
inquire about a subiect 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 subiect on an agenda for a subsequent meeting.
Council member Maloney asked staff to report back on PDD Development Guidelines. Motion seconded by
Council member Crompton.
Council member Massey reminded staff of a pending item related to population increase and its effect on city
officials' disclosure statements, ETJ issues, etc.
Council member Crompton requested a hture agenda item to discuss the Conference Center. Motion
seconded by Council member Lyles.
iscussion, 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 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 Vallev 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 Adiustments, BVSWMA,
Signature Event Task Force, (Notice of Agendas posted on City Hall bulletin board).
Massey reported on IGC Committee meeting held this month. Topics related to pandemic flu and a program
called Safety City presented by City of Frisco.
Maloney reported on Transportation Committee meeting held this month. Topics related to the committee's
recommendation to Council in support of expenditures for signs in school zones prohibiting cell phones. Also
discussed was the mailing of brochure to residents on facts related to red light cameras.
Lyles reported on the Health Department Board meeting held this month. Topics related to pandemic flu
vaccine
On Behalfof the Citizens of College Station, Home of Texas A&M University, We vvill contin~ie to Promote and Advance the
Commtinity 's Q~rality of Life
Page 17
City Council Regular Meeting Minutes
Thursday, September 24,2009
diourn.
Hearing no objections, Mayor White adjourned the meeting at 8:55 p.m. on Thursday, September 24, 2009.
PASSED AND APPROVED this October 19,2009
ATTEST: APPROVED:
City Secretary Connie Hooks Mayor Ben White
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Comm~lnity 's Quality of Life
October 19, 2009
Consent Agenda Item No. 3b
Budget Approval and Funding Agreement With the George Bush Presidential
Library Foundation
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on approving the budget of
the George Bush Presidential Library Foundation; and presentation, discussion and possible
action on a funding agreement between the City of College Station and the George Bush
Presidential Library Foundation for FYlO in the amount of $50,000.
Recommendation(s): Staff recommends approval of the George Bush Presidential Library
Foundation budget and the funding agreement for FY10.
Summary: As part of the 2009-2010 budget process the City Council approved funding for
the George Bush Presidential Library Foundation in the amount of $50,000.
Budget & Financial Summary: The funds for this agreement are budgeted and available
in the 2009-2010 Hotel Tax Fund budget. A total of $50,000 is to be used for marketing and
operational activities directly associated with the promotion of tourism and the hotel
industry in College Station. State law requires that the City Council approve the budget of
any organization that is to be funded through Hotel Tax funds.
Attachments:
1. George Bush Presidential Library Foundation Budget (Available in City Secretary's
Office)
2. George Bush Presidential Library Foundation Funding Agreement (Available in City
Secretary's Office)
October 19, 2009
Consent Agenda Item No. 3c
Investment Policy/Broker-Dealer List/Strategy Resolution
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a resolution stating
that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer
List and Investment Strategy.
Recommendation(s): Staff recommends review and approval of the resolution.
Summary: The Public Funds Investment Act requires an annual review and approval of
the City's investment policy and investment strategies. The Act further requires the
following:
(1) that the governing body adopt a written instrument by rule, order, ordinance, or
resolution stating that it has reviewed the investment policy and investment
strategies, and
(2) that the written instrument so adopted records any changes to either the investment
policy or investment strategies.
The City's investment policy has been reviewed and certified by the Government Treasurers
Organization of Texas (GTOT). GTOT's review committee recommended a few minor
changes to the City's policy. City GTOT's letter of distinction and recommended changes is
attached. Staff incorporated the recommended changes into the policy. Staff proposes no
changes to the existing investment strategy.
An annual review of the City's authorized broker/dealers was performed. All broker/dealers
interested in continuing to do business with the City and those that would like to be
consider, were required to submit a completed questionnaire. Staff performed an analysis of
each firm and the City's investment committee reviewed the results. The investment
committee recommends retaining the following firms: Costal Securities, Inc., Vining Sparks,
Deutsche Bank Alex Brown, and adding First Southwest Securities and First Empire
Securities.
As part of the City's Investment Policy, Council is to review, approve and adopt any
modifications to the list.
Budget & Financial Summary: IVone
Attachments:
Investment Policy and Strategy
GTOT Letter of Distinction and Recommended Changes
Qualified Broker/Dealers
Resolution
City of College Station
Investment Policy
2010
Table of Contents
INVESTMENT STRA TEGY 3
I. POLICY 4
II. SCOPE 4
III. IN VESTMENT OBJECTIVES 4
Safety 4
Liquidity 5
Yield 5
IV. RESPONSIBILITY AND CONTROL 5
Delegation of Authority 5
Cash Flow Analysis 5
Training Requirement 5
Internal Controls 6
Prudence 6
Ethics and Conflicts of Interest 6
V. SUITABLE AND AUTHORIZED INVESTMENTS 7
Portfolio Management 7
Investments 7
Exemption for Existing Investments 8
Loss of Required Rating 8
VI. IN VESTMENT PARAMETERS 8
Maximum Maturities 8
Diversification 9
VII. FINANCIAL INSTITUTIONS AND DEALERS 9
Depository 9
Authorized BrokersIDealers 10
Competitive Bids 10
Delivery vs. Payment 11
VIII. SAFEKEEPING OF SECURITIES 11
Safekeeping Agreement 11
Safekeeping and Custody 11
Collateralization 11
IX. PERFORMANCE STANDARDS I1
Performance Standards 11
Performance Benchmark 12
X. REPORTING 12
Methods 12
Marking to Market 12
XI. INVESTMENT POLICYADOPTION I2
QUALIFIED BROKERS/DEALERS I3
GLOSSARY OF COMMON TREASURY TERMINOLOGY 14
Revised: 10-09
INVESTMENT STRATEGY
The City of College Station will pursue a passive investment strategy. lnvestments will be
purchased with the intent of holding to maturity and will only be sold early under exceptional
circumstances. In purchasing investments, the investment officer will attempt to follow a ladder
strategy to ensure that the portfolio will have at least one investment maturing every month.
lnvestment priorities are as follows:
1. Suitability - Any investment allowed under the lnvestment Policy is suitable.
2. Preservation and Safety of Principal - lnvestments of the City shall be undertaken
in a manner that seeks to insure the preservation of capital in the overall portfolio.
3. Liquidity - The City's investment portfolio will remain sufficiently liquid to enable the
City to meet all operational requirements that might reasonably be anticipated.
4. Marketability - lnvestments should have an active and efficient secondary market to
enable the City to liquidate investments prior to the maturity if the need should arise.
5. Diversification - The lnvestment Officer will attempt to maintain a diversified
portfolio with regard to security type, financial institution providing the security, and
maturity.
6. Yield - The City's investment portfolio shall be designed with the objective of
attaining the maximum rate of return throughout budgetary and economic cycles,
taking into account the City's risk constraints and the cash flow characteristics of the
portfolio.
Revised: 10-09
CITY OF COLLEGE STATION
INVESTMENT POLICY
The Public Funds lnvestment Act, Chapter 2256, Texas Government Code, as Amended
("PFIA" herein), requires each city to adopt rules governing its investment practices and to
define the authority of the investment officer. The following lnvestment Policy addresses the
methods, procedures, and practices that must be exercised to ensure effective and judicious
fiscal management of the City of College Station funds.
I. POLICY
It is the policy of the City of College Station, Texas ("City") to invest public funds in a manner,
which will provide the highest investment return with the maximum security while meeting the
daily cash flow demands of the City and conforming to all federal, state and local statutes
governing the investment of public funds.
II. SCOPE
This investment policy applies to all the financial assets held by the City. These funds are
defined in the City's Comprehensive Annual Financial Report (CAFR) and include:
General Fund Special Revenue Funds
Debt Service Fund Capital Projects Funds
Enterprise Funds Internal Service Funds
Permanent Funds
Any new funds created by the City will be subject to this policy unless specifically exempted by
the City Council. To maximize the effective investment of assets, all funds mentioned above will
pool their cash balances for investment purposes. The income derived from investing activities
will be distributed to the various funds based on calculation of their average balances.
Ill. INVESTMENT OBJECTIVES
The City of College Station shall manage and invest its cash with three primary objectives, listed
in order of priority: safety, liquidity and yield. The safety of the principal invested always
remains the primary objective.
Safety of Principal is the foremost objective of the City. Investments of the City shall be
undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio.
Revised: 10-09
The City's investment portfolio will remain liquid to enable the City to meet all operational
requirements that might reasonably be anticipated.
Yield
The City shall invest funds in investments that earn a competitive market yield consistent with
stated objectives. For bond proceeds to which arbitrage restrictions apply, the primary
objectives shall be to obtain a fair market yield and to minimize the costs associated with the
investment of such funds within the constraints of the investment policy and applicable bond
covenants.
IV. RESPONSIBILITY AND CONTROL
Delegation of Authority
The Chief Financial Officer or his Designee is designated the City's lnvestment Officer. The
lnvestment Officer shall be responsible for the investment of funds consistent with this Policy,
and shall have the authority necessary to carry out such responsibilities. An investment
corrrmittee consisting of the lnvestment Officer and at least two other staff members designated
by the City Manager will also be formed. This committee will be responsible for selecting eligible
brokerldealers, reviewing, and updating the investment policy annually. All participants in the
investment process shall seek to act responsibly as custodians of the public trust.
The lnvestrrrent Officer shall establish written. procedures for the operation of the investment
program consistent with this investment policy. No person may engage in an investment
transaction except as provided under the terms of this policy and the procedures established by
the lnvestment Officer. The lnvestment Officer shall be responsible for all transactions
undertaken and shall establish a system of controls to regulate the activities of subordinate
officials.
Cash Flow Analysis
Supplemental to the financial and budgetary systems, the lnvestment Officer will maintain a
cash flow forecasting process designed to morritor and forecast cash positions for investrrrent
purposes. Cash flow analysis will include the historical researching and rrronitoring of specific
cash flow items, payables and receivables as well as overall cash position and patterns.
Training Requirement
In order to ensure 'the quality and capability of investment management, the Chief Financial
Officer and the lnvestment Officer shall:
Revised: 10-09
- attend at least one training session within 12 months of assuming duties and
containing not less than 10 hours of instruction from an independent source approved
by the governing board or a designated investment committee;
- receive training which inclJ6s education in investment controls, security risks, strategy
risks, market risks, diversification of the investment portfolio, and compliance with the
PFIA; and
- attend a training session once every two years and receive not less than1 0 hours of
training from an independent source approved by .the governing board or a designated
investment committee.
Internal Controls
The lnvestment Officer shall establish an annual process of independent review by an external
auditor. This review will provide internal control by assuring compliance with policies and
procedures. Annually, the City's independent auditors will review quarterly reports for the fiscal
year.
Prudence
Investments shall be made with the judgment and care which persons of prudence, discretion
and intelligence exercise in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital as well as the probable income to be
derived.
The standard of prudence to be used by investment officials shall be the "prudent person"
standard and shall be applied in the context of managing an overall portfolio. lnvestment officers
acting in accordance with written procedures and the investment policy and exercising due
diligence shall be relieved of personal responsibility for an individual security's credit risk or
market price changes provided deviations from expectations are reported in a timely fashion
and appropriate action is taken to control adverse developments.
Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or which could
impair their ability to make impartial investment decisions. Employees and investment officials
shall disclose to the City Manager any material financial interest in financial institutions that
conduct business within this jurisdiction, and they shall further disclose any large personal
financiallinvestment positions that could be related to the performance of the City, particularly
with regard to the time of purchases and sales. Employees and investment officials shall refrain
from undertaking personal investment transactions with the same individual with which business
is conducted on behalf of the City.
On an annual basis, the lnvestment officials shall sign a statement acknowledging that they are
incompliance with Section 2256.005 (1) of the Public Funds lnvestment Act.
Revised: 10-09 6
V. SUITABLE AND AUTHORIZED INVESTMENTS
Portfolio Management
The City currently has a "buy and hold" portfolio strategy. Maturity dates are matched with cash
flow requirements and investments are purchased with the intent to be held until maturity.
Investmen ts
Acceptable investments under this policy shall be limited to the instruments as described by the
Government Code; Chapter 2256, Sections 2256.009 through 2256.01 1 and Sections 2256.01 3
through 2256.016 of the Public Funds lnvestment Act. Investment of funds in any instrument or
security not authorized for investment under the Act is prohibited.
Authorized
1. Direct obligations of the United States government: U.S. Treasury Bills, U.S.
Treasury Notes, and U.S. Treasury Bonds as well as Bonds or other interest bearing
obligations for which the principal and interest are guaranteed by the full faith and
credit of the United States government.
2. Federal Agencies and Instrumentalities including but not limited to, discount notes,
callables and debentures of the Federal National Mortgage Association (FNMA), the
Federal Home Loan Bank (FHLB), the Federal Farm Credit Bank (FFCB), and the
Federal Home Loan Mortgage Corporation (FHLMC).
3. Time Certificates of Deposit, insured by the Federal Deposit Insurance Corporation
(FDIC) or its successor, in state or national banks. Any deposits exceeding FDIC
insurance lirr~its shall be collateralized at 102% of the face amount of the Certificate
of Deposit by securities listed in 1 - 2 above and held by the City's custodial bank.
Bids for Certificates of Deposit may be solicited orally, in writing, electronically or
using any combination of these methods.
4. Repurchase Agreements with a defined termination date of 90 days or less
collateralized by securities listed in 1 - 2 above. Collateral must have a minimum
market value of 102% of the repurchase agreement, and must be held by the
custodian bank or other independent third-party custodian contracted by the City.
Bond proceeds may be invested in flexible repurchase agreements with maturity
dates not exceeding the expected final project expenditure if a formal bidding
process is followed and properly documented for IRS purposes.
5. Commercial Paper maturing within 180 days carrying a minimum rating of A-I, P-I or
F-I .
6. AAA-rated Money Market Mutual Funds registered with the Securities and Exchange
Commission that invest exclusively in investments described in this section.
Revised: 10-09 7
7. AAA-rated lnvestment Pools organized under the Texas Interlocal Cooperation Act
that follow the requirements in the Public Funds lnvestment Act and which have
been specifically approved by the City.
Not Authorized
The following security types are not permitted:
1. Obligations whose payment represents the coupon payments of the underlying
mortgage-backed security collateral and pays no principal (lo's);
2. Obligations whose payment represents the principle stream from the underlying
mortgage-backed security collateral and bears no interest (Po's);
3. Collateralized Mortgage Obligations (CMO's) that have a stated final maturity date of
greater than 10 years; and
4. Any security, the interest rate of which is determined by an index that adjusts opposite to
the changes in the Market index (inverse floaters).
Exemption for Existing Investments
Any investment, which was authorized at the time of purchase, shall not be required to be
liquidated.
Loss of Required Rating
If any security that requires a minimum investment rating is downgraded below that minimum
rating subsequent to purchase, it will no longer be considered an authorized investment. As a
result, the City shall take all prudent measures to liquidate the security in effort to preclude or
reduce principle loss.
VI. INVESTNIENT PARAMETERS
Maximum Maturities
To the extent possible, the City will attempt to match its investments with anticipated cash .I:low
requirements. Unless matched to a specific cash flow, the City will not directly invest in
securities maturing more than five years from the date of purchase. Additionally, the City will
maintain a dollar-weighted average maturity of two years or less.
Revised: 10-09
Diversification
It is the intent of the City to diversify the investment instruments within the portfolio to avoid
incurring unreasonable risks inherent in over-investing in specific instruments, individual
financial institutions or maturities. The asset allocation in the portfolio should be flexible
depending upon the outlook for the economy and the securities markets. If conditions warrant,
the guidelines below may be exceeded by approval of the Investment Committee.
With the exception of U.S. Treasury securities and authorized pools, the City may not invest
more than 30% of the City's investment portfolio with a single financial institution. In addition,
the following maximum limits, by instrument, are established for the City's total portfolio:
1. U.S. Treasury Securities 100%
2. Agencies and Instrumentalities 70%
3. Certificates of Deposits 20%
4. Money Market Mutual Funds 30%
5. Repurchase Agreements 20%
6. Commercial Paper 20%
7. Authorized Pools 70%
VII. FINANCIAL INSTITUTIONS AND DEALERS
Depository
At least every five years a Depository shall be selected through the City's banking services
procurement process, which shall include a formal request for application (RFA). The selection
of a depository will be determined by competitive bid and evaluation of bids will be based on the
following selection criteria:
The ability to qualify as a depository for public funds in accordance with state and
local laws.
The ability to provide requested information or financial statements for the period
specified.
The ability to meet all requirements in the banking RFA.
Complete response to all required items on the bid form.
Lowest net banking service cost, consistent with the ability to provide an
appropriate level of service.
The credit worthiness and financial stability of the bank.
The bank depository contract is subject to Council approval. During the term of the contract,
additional accounts may be established. Two authorized signers on the City's accounts must
approve the establishment of new accounts.
Revised: 10-09
Authorized Brokers/Dealers
The lnvestment Officer shall maintain a list of financial institutions authorized to provide
investment services. In addition, a list will also be maintained of approved security
brokerldealers selected by credit worthiness who are authorized to provide investment services
in the State of Texas. These may include "primary" or regional dealers that qualify under SEC
rule 15C3-1. No public deposit shall be made except in a qualified public depository as
established by state laws.
All financial institutions and brokerldealers who desire to become qualified bidders for
investment transactions must supply the lnvestment Officer with a completed BrokerIDealer
Questionnaire and Certification, which shall include the following:
An audited financial statement for the most recent period.
Proof of certification by the Financial Industry Regulatory Authority (FINRA).
Proof of current registration with the State Securities Commission.
Financial institutions eligible to transact investment business with the City shall be presented a
written copy of this lnvestment Policy.
Additionally, the qualified representative of the business organization seeking to transact
investment business shall execute a written instrument substantially to the effect that the
qualified representative has received and reviewed this lnvestment Policy, and acknowledged
that the organization has implemented reasonable procedures and controls in an effort to
preclude imprudent investment activities with the City.
The City will not enter into an investment transaction with a BrokerIDealer prior to receiving the
written agreement described above and current audited financial statements.
Annually, the lnvestment Committee shall review and revise the list as needed. The Committee
will consider any new firms that have submitted the required documentation and review the
performance of the previously approved firms. Any modifications to the list will be submitted to
Council for their review, approval and adoption.
Competitive Bids
Securities will be purchased or sold after three (3) offerslbids are taken to verify that the City is
receiving fair market valuelprice for the investment. Security transactions that may be
purchased without competitive offers include: a) transactions with money market mutual funds
b) local government investment pools and c) new securities still in syndicate and priced at par.
Revised: 10-09
Delivery vs. Payment
All securities transaction, including collateral for repurchased agreements, shall be purchased
using the delivery vs., payment method with the exception of investment pools and mutual
funds. Funds will be released after notification that the purchased security has been received.
VIII. SAFEKEEPING OF SECURITIES
Safekeeping Agreement
The City shall contract with a bank or banks for the safekeeping of securities either owned by
the City as part of its investment portfolio or held as collateral to secure demand or time
deposits.
Safekeeping and Custody
Safekeeping and custody of securities and collateral' shall be in accordance with state law.
Securities and collateral will be held by a third party custodian designated by the Investment
Oficer and held in the City's name as evidenced by safekeeping receipts of the institution with
which the securities are deposited. Original safekeeping receipts shall be obtained.
Colla teralization
Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the City to
require full collateralization of all investments and funds on deposit with a depository bank, other
than investments, which are obligations of the U.S. government, its agencies and
instrumentalities, and government sponsored enterprises. In order to anticipate market changes
and provide a level of security for all funds, the collateralization level will be 102% of market
value of principal and accrued interest on deposits or investments less than an amount insured
by the FDIC.
Collateral will always be held by an independent third party with whom the City has a current
custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be
supplied to the City and retained.
The right of collateral substitution is granted.
IX. PERFORMANCE STANDARDS
Performance Standards
The investment portfolio shall be designed with the objective of obtaining a rate of return
throughout budgetary and economic cycles, commensurate with the investment risk constraints
and cash flow needs.
Revised: 10-09 11
Performance Benchmark
Given the passive investment strategy of the City, the benchmark to be used by the lnvestment
Officer to determine whether market yields are being achieved shall be the average closing yield
during the reporting period comparable to the portfolios dollar-weighted average maturity in
days.
X. REPORTING
Methods
Not less than quarterly and within a reasonable time after the end of the period reported, the
lnvestment Officer should prepare and submit to the City Council a written report of .the
investment transactions for all funds of the City for the preceding reporting period. The report
must:
describe in detail the investment position of the City on the date of the report,
be prepared jointly by all the lnvestment Officers if the City appoints more than one,
be signed by all lnvestment Officials,
contain a summary statement of each pooled fund group that states the beginning
market value for the reporting period and additions and changes to the market value
for the period,
state the book value and the market value of each separately invested asset at the
beginning and end of the reporting period by the type of asset and fund type
invested,
state the maturity date of each separately invested asset that has a maturity date,
state the fund for which each individual investment was acquired,
state all accrued interest payable; and
state the compliance of the investment portfolio as it relates to this Policy and
lnvestment Act.
Marking to Market
The market values of the City's investments shall be obtained from a reliable outside source,
which has access to investment market values. Marketing to Market will be done at least
quarterly.
XI. INVESTMENT POLICY ADOPTION
The City's investment policy and investment strategies must be adopted annually by resolution
of the City Council even if there are no changes. The policy shall be reviewed annually by the
City Council and any changes or modifications made thereto must by approved by the City
Council.
Revised: 10-09
QUALIFIED BROKERSIDEALERS
Costal Securities, Inc.
Todd Hendrex
5555 San Felipe, Suite 2200
Houston, Texas 77056
Phone: (71 3)435-4328
Deutsche Bank Alex Brown
Larry Burns
700 Louisiana Street, Suite 1500
Houston, TX 77002
Phone: (832)239-3311
Vining Sparks
Steve Scaramastro
775 Ridge Lake Boulevard
Memphis, Tennessee 381 20
Phone: (901)681-1008
First Empire Securities
Michael Pappadio
I 100 Motor Parkway, 2nd Floor
Hauppauge, NY 11 788
Phone: (631)979-0097
INVESTMENT POOLS
First Southwest Securities
Linda Calloway
300 West 6th Street, Suite 1940
Austin, TX 78701
Phone: (51 2)481-2040
TexPool
600 Travis Street, Suite 7200
Houston, TX 77002
Phone: (866)891-7665
TexSTAR
325 North St. Paul, Suite 800
Dallas, TX 75201
Phone: (800)839-7827
DEPOSITORY BANK
Citibank, N.A.
Kathy Lynch
271 7 Texas Avenue South
College Station, Texas 77840
(979)260-1482
Revised: 10-09
GLOSSARY OF COMMON TREASURY TERRlllNOLOGY
Accrued Interest - The accumulated interest due on a bond as of the last interest payment
made by the issuer.
Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies
are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies
(FSAs) are backed by each particular agency with a market perception that there is an implicit
government guarantee. An example of federal agency is the Government National Mortgage
Association (GNMA). An example of a FSA is the Federal National Mortgage Association
(FNMA).
Amortization - The systematic reduction of the amount owed on a debt issue through periodic
payments of principal.
Asked - The price at which securities are offered.
Average Life - The average length of time that an issue of serial bonds andlor term bonds with
a mandatory sinking fund feature is expected to be outstanding.
Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to
11100 of 1 percent of yield, e.g., "114" of 1 percent is equal to 25 basis points.
Bid - The indicated price at which a buyer is willing to purchase a security or commodity.
Book Value - The value at which a security is carried on the inventory lists or other financial
records of an investor. The book value may differ significantly from the security's current value
in the market.
Broker - A broker brings buyers and sellers together for a commission paid by the initiator of the
transaction or by both sides; he does not position. In the money market, brokers are active in
markets in which banks buy and sell money and in interdealer markets.
Callable Bond - A bond issue in which all or part of its outstanding principal amount may be
redeemed before maturity by the issuer under specified conditions.
Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is
usually at a slight premium to the bond's original issue price to compensate the holder for loss
of income and ownership.
Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity.
Cash SalelPurchase - A transaction that calls for delivery and payment of securities on the
same day that the transaction is initiated.
Certificate of Deposit (CD) - A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD's are typically negotiable.
Revised: 10-09
Collateralization - Process by which a borrower pledges securities, property, or other deposits
for the purpose of securing the repayment of a loan and/or security.
Commercial Paper - An unsecured short-term promissory note issued by corporations, with
maturities ranging from 2 to 270 days.
Comprehensive Annual Financial Report (CAFR) - The official annual report for the City of
College Station. It includes combined statements and basic financial statements for each
individual fund and account group prepared in conformity with GAAP. It also includes supporting
schedules necessary to demonstrate compliance with finance-related legal and contractual
provision, extensive introductory material, and a detailed statistical section.
Coupon Rate - The annual rate of interest received by an investor from the issuer of certain
types of fixed-income securities. It is also known as the interest rate.
Credit Quality - The measurement of the financial strength of a bond issuer. This measurement
helps an investor to understand an issuer's ability to make timely interest payments and repay
the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the
lower the interest rate paid by the issuer because the risk of default is lower. Credit quality
ratings are provided by nationally recognized rating agencies.
Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or
principal on a security.
Current Yield (Current Return) - A yield calculation determined by dividing the annual interest
received on a security by the current market price of that security.
Dealer - A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his own account.
Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays
for the securities when they are delivered either to the purchaser or histher custodian.
Discount - The amount by which the par value of a security exceeds the price paid for the
security.
Discount Security - Non-interest bearing money market instruments that are issued at a
discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills.
Diversification - A process of investing assets among a range of security types by sector,
maturity, and quality rating.
Duration - A measure of the timing of the cash flows, such as the interest payments and the
principal repayment, to be received from a given fixed-income security. This calculation is based
on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a
security is a useful indicator of its price volatility for given changes in interest rates.
Fair Value - The amount at which an investment could be exchanged in a current transaction
between willing parties, other than in a forced or liquidation sale.
Revised: 10-09
Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository
institutions in excess of current reserve requirements. These depository institutions may lend
fed funds to each other overnight or on a longer basis. They may also transfer funds among
each other on a same-day basis through the Federal Reserve banking system. Fed funds are
considered immediately available funds.
Federal Funds Rate - lnterest rate charged by one institution lending federal funds to the other.
Federal Credit Agencies - Agencies of the Federal Government set up to supply credit to
various classes of institutions and individuals, e.g. S&L1s small business firms, students,
farmers, farm cooperatives, and exporters.
Federal Deposit Insurance Corporation (FDIC) - A federal agency that insures bank
deposits, currently up to $250,000 per depository account through December 31, 201 3. On
January 1, 2014, the standard insurance amount will return to $100,000.
Federal Home Loan banks (FHLB) -The institutions that regulate and lend to savings and
loan associations. The Federal Home Loan Banks play a role similar to that played by the
Federal Reserve Bank versus member commercial banks.
Federal National Mortgage Association (FNMA) - A government -sponsored enterprise
(GSE) that was created in 1938 to expand the low of mortgage money by creating a secondary
mortgage market. Fannie Mae is a publicly traded company which operates under a
congressional charter that directs Fannie Mae to channel its efforts into increasing the
availability and affordability of homeownership for low-, moderate-, and middle-income
Americans.
Federal Open Market Committee (FOMC) - Consists of seven members of the Federal
Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the
New York Federal Reserve Bank is a permanent member while the other Presidents serve on a
rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding
purchases and sales of Government Securities in the open market as a means of influencing
the volume of bank credit and money.
Federal Reserve System -The central bank of the United States created by Congress and
consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and
about 5,700 commercial banks that are members of the system.
Financial Industry Regulatory Authority (FINRA) - A self-regulatory organization (SRO) of
brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes
authority over firms that distribute mutual fund shares as well as other securities.
Government Securities - An obligation of the U.S. government, backed by the full faith and
credit of the government. These securities are regarded as the highest quality of investment
securities available in the U.S. securities market. See "Treasury Bills, Notes, and Bonds."
lnterest Rate - See "Coupon Rate."
lnterest Rate Risk - The risk associated with declines or rises in interest rates which cause an
investment in a fixed-income security to increase or decrease in value.
Revised: 10-09 16
Internal Controls - An internal control structure designed to ensure that the assets of the entity
are protected from loss, theft, or misuse. The internal control structure is designed to provide
reasonable assurance that these objectives are met. The concept of reasonable assurance
recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2)
the valuation of costs and benefits requires estimates and judgments by management. lnternal
controls should address the following points:
Control of collusion - Collusion is a situation where two or more employees are
working in conjunction to defraud their employer.
Separation of transaction authority from accounting and record keeping - By
separating the person who authorizes or performs the transaction from the people
who record or otherwise account for the transaction, a separation of duties is
achieved.
Custodial safekeeping - Securities purchased from any bank or dealer including
appropriate collateral (as defined by state law) shall be placed with an independent
third party for custodial safekeeping.
Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields
than short-term securities. This configuration usually occurs during periods of high inflation
coupled with low levels of confidence in the economy and a restrictive monetary policy.
lnvestment Policy - A concise and clear statement of the objectives and parameters
formulated by an investor or investment manager for a portfolio of investment securities.
Liquidity - An asset that can be converted easily and quickly into cash.
Local Government lnvestment Pool (LGIP) - An investment by local governments in which
their money is pooled as a method for managing local funds.
Mark-to-market - The process whereby the book value or collateral value of a security is
adjusted to reflect its current market value.
Market Risk - The risk that the value of a security will rise or decline as a result of changes in
market conditions.
Market Value - Current market price of a security.
Maturity - The date on which payment of a financial obligation is due. The final stated maturity
is the date on which the issuer must retire a bond and pay the face value to the bondholder. See
"Weighted Average Maturity."
Money Market -The market in which short-term debt instruments (bills, commercial paper,
bankers' acceptances, etc.) are issued and traded.
Money Market Mutual Fund - Mutual funds that invest solely in money market instruments
(short-term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances,
repos and federal funds).
Revised: 10-09
Mutual Fund - An investment company that pools money and can invest in a variety of
securities, including fixed-income securities and money market instruments. Mutual funds are
regulated by the Investment Company Act of 1940.
Net Asset Value - The market value of one share of an investment company, such as a mutual
fund. This figure is calculated by totaling a fund's assets that includes securities, cash, and any
accrued earnings, subtracting this from the fund's liabilities and dividing this total by the number
of shares outstanding. This is calculated once a day based on the closing price for each security
in the fund's portfolio. (See below.) [(Total assets) - (Liabilities)] / (Number of shares
outstanding)
Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par
value of the security. It is also known as the "coupon," "coupon rate," or "interest rate."
Offer - An indicated price at which market participants are willing to sell a security or
commodity. Also referred to as the "Ask price."
Par - Face value or principal value of a bond, typically $1,000 per bond.
Portfolio - Collection of securities held by an investor.
Positive Yield Curve - A chart formation that illustrates short-term securities having lower
yields than long-term securities.
Premium - The amount by which the price paid for a security exceeds the security's par value.
Prime Rate - A preferred interest rate charged by commercial banks to their most creditworthy
customers. Many interest rates are keyed to this rate.
Principal - The face value or par value of a debt instrument. Also may refer to the amount of
capital invested in a given security.
Prospectus - A legal document that must be provided to any prospective purchaser of a new
securities offering registered with the SEC. This can include information on the issuer, the
issuer's business, the proposed use of proceeds, the experience of the issuer's management,
and certain certified financial statements.
Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public
funds investors relating to investment practices.
Rate of Return -The yield obtainable on a security based on its purchases price or its current
market price. This may be the amortized yield to maturity on a bond or the current income
return.
Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income
proceeds from a security holding at the same rate of return currently generated by that holding.
Repurchase Agreement (repo or RP) - An agreement of one party to sell securities at a
specified price to a second party and a simultaneous agreement of the first party to repurchase
the securities at a specified price or at a specified later date.
Revised: 10-09
Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase
securities at a specified price from a second party and a simultaneous agreement by the first
party to resell the securities at a specified price to the second party on demand or at a specified
date.
Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and
mandates such funds to maintain certain standards, including a 13- month maturity limit and a
90-day average maturity on investments, to help maintain a constant net asset value of one
dollar ($1.00).
Safekeeping - Holding of assets (e.g., securities) by a financial institution.
Secondary Market - A market made for the purchase and sale of outstanding issues following
the initial distribution.
Securities & Exchange Commission -Agency created by Congress to protect investors in
securities transactions by administering securities legislation.
Serial Bond - A bond issue, usually of a municipality, with various maturity dates scheduled at
regular intervals until the entire issue is retired.
Sinking Fund - Money accumulated on a regular basis in a separate custodial account that is
used to redeem debt securities or preferred stock issues.
Swap - Trading one asset for another
Term Bond - Bonds comprising a large part or all of a particular issue which come due in a
single maturity. The issuer usually agrees to make periodic payments into a sinking fund for
mandatory redemption of term bonds before maturity.
Total Return - The sum of all investment income plus changes in the capital value of the
portfolio. For mutual funds, return on an investment is composed of share price appreciation
plus any realized dividends or capital gains. This is calculated by taking the following
components during a certain time period. (Price Appreciation) + (Dividends paid) + (Capital
gains) = Total Return
Treasury Bills - Short-term U.S. government non-interest bearing debt securities with
maturities of no longer than one year and issued in minimum denominations of $1 0,000.
Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly.
The yields on these bills are monitored closely in the money markets for signs of interest rate
trends.
Treasury Bonds - Marketable, fixed-interest U.S. government debt securities with maturities of
more than ten years and issued in minimum denominations of $1,000. Treasury bonds make
interest payments semi-annually and the income that holders received is only taxed at the
federal level.
Treasury Notes - Marketable U.S. government debt securities with fixed interest rates and
maturities between 1 to 10 years. Treasury notes can be bought either directly from the U.S.
government or through banks.
Revised: 10-09
Uniform Net Capital Rule - SEC Rule 15C3-1 - Securities and Exchange Commission
requirement that member firms as well as nonmember broker-dealers in securities maintain a
maximum ration of indebtedness to liquid capital of 15 to 1 : also called net capital rule and net
capital ratio. Indebtedness covers all money owned to a firm, including margin loans and
commitments to purchase securities. This is one reason new public issues are spread amorrg
members of underwriting syndicates. Liquid capital includes cash and assets easily converted
into cash.
Volatility - A degree of fluctuation in the price and valuation of securities.
Volatility Risk Rating - A rating system to clearly indicate the level of volatility and other non-
credit risks associated with securities and certain bond funds. The ratings for bond funds range
from those that have extremely low sensitivity to changing market conditions and offer the
greatest stability of the returns ("aaa" by S&P; "V-I" by Fitch) to those that are highly sensitive
with currently identifiable market volatility risk ("ccc-" by S&P, "V-10" by Fitch).
Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a
portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds
may not exceed 90 days and no one security may have a maturity that exceeds 397 days.
Yield - The current rate of return on an investment security generally expressed as a
percentage of the security's current price.
Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is
redeemed (called) prior to its nominal maturity date. Yield Curve - A graphic representation that
depicts the relationship at a given point in time between yields and maturity for bonds that are
identical in every way except maturity. A normal yield curve may be alternatively referred to as a
positive yield curve.
Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both
interest payments and the investor's potential capital gain or loss are included in the calculation
of return.
Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest
payments. The rate of return consists of a gradual accretion of the principal of the security and
is payable at par upon maturity.
Revised: 10-09
Government TreasurersJ Organization of Texas
July 24, 2009
City of College Station
Attn: Cheryl Wright
Director of Finance
P.O. Box 9960
College Station, TX 77842
Dear Ms. Wright:
On behalf of the Investment Policy Review Committee, I am pleased to inform you that
the Government Treasurers' Organization of Texas has reviewed your investment policy
and is awarding the Certificate of Distinction to the City of College Station. Members of
the Review Committee congratulate the city for its success in developing a
comprehensive written investment policy that meets the criteria set forth in the GTOT
lnvestment Policy Certification Checklist.
Since investment policies require periodic review and modification, we recommend the
following changes to the city's policy at the next opportunity:
Under "Section IV. Training Requirement", begin your sentence with "In order to
ensure the quality and capability of investment management"
Under "Section V." add the following section:
Exemption for Existing Investments - any investment which was
authorized at time of purchase shall not be require to be liquidated
Under "Section IV. Internal Controls", the independent review should include both
internal controls and the quarterly investment reports.
Under "Section X. Marking to Market", state it will be done at least quarterly.
Under "Section XI. lnvestment Policy Adoption", the investment policy must be
adopted annually even if there are no changes.
Congratulations once again on an excellent policy and thank you for participating in the
GTOT certification program. The Certificate of Distinction is being mailed under
separate cover and will be effective for a two-year period ending July 31, 201 1.
Sincerely,
David Balsamo, Chair
GTOT lnvestment Policy Review Committee
PO Box 305129, Denton, TX 76203-5129 An Affiliate of the
voice: (940) 369-7843 fax: (940) 369-8771 Association of Public Treasurels
www.gtot.net United States and Canada
Costal Securities, Inc.
Todd Hendrex
5555 San Felipe, Suite 2200
Houston, Texas 77056
Phone: (71 3)435-4328
QUALIFIED BROKERSIDEALERS
Deutsche Bank Alex Brown
Larry Burns
700 Louisiana Street, Suite 1500
Houston, TX 77002
Phone: (832)239-3311
First Empire Securities
Michael Pappadio
I 100 Motor Parkway, 2nd Floor
Hauppauge, NY 1 1788
Phone: (631 )979-0097
Vining Sparks
Steve Scaramastro
775 Ridge Lake Boulevard
Memphis, Tennessee 381 20
Phone: (901)681-1008
First Southwest Securities
Linda Calloway
300 West 6'h Street, Suite 1940
Austin, TX 78701
Phone: (51 2)481-2040
RESOLUTION NO.
A RESOLUTION OF THE CI'IY COUNCIL OF ?'HE CITY OF COT,LEGE STATION,
TEXAS, APPROVING THE CI'IY'S INVESTMENT POLICY, BROICERIDEALER LIST
AND INVESTMENT STRATEGY FOR FISCAL YEAK 2010 AND AUTHOKIZING ITS
IMPLEMENTATION.
WHEREAS, the goal of the City of College Station is to create an Investment Policy to insure the
safety of all funds entrusted to the City, while maldng available those funds for the payment of all
necessaty obligations of the City, and providing for the investment of all funds not imme&ately
required in interest bearing securities; and
WHEREAS, the safety of the principal invested shall always be the primaiy concern of the City of
College Station; and
WHEREAS, the management of monies in order to insure maximum cash availabiltty and maximum
yields on a short term investment is a primaiy goal of the City of College Station; and
WHEREAS, the Investmcrit Policy for Fiscal Year 2010 designates the Chief Financial Officer or
his Designee as the Invcstmcnt Officer of the City and authorizes the Investment Officer to carly
out the responsibilities of investing thc City's funds; and
WHEREAS, the Investment Policy FOR Fiscal Year 2010 contains the City's Collateral Policy as
required pursuant to Texas Government Code, Chaptcr 2257.
WFIEREAS, the City Council of the City of College Station has reviewed the City's Investment
Policy for Fiscal year 2010, Brol<er/Dealer List for Fiscal year 2010 and the City's Investment
Strategy for Fiscal Year 201 0; now, therefore,
BE IT RESOLVED BY .THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hcrcby approves the City's Investment Policy, BrokerIDealer
List and the Investment Saategy for Fiscal Year 2010.
PART 2: That the City Council hereby approves the designation of the Chief Financial Officer
or his Designee as the Investment Officer of the City and authorizes the Investment
Officer to cariy out the responsibiltties of investing the City's funds consistent with
the City's Investment Policy.
PART 3: 'I'hat this resolution shall take effect itnmediately from and after its passage.
ADOPTED this day of , A.D. 2009.
ATTEST: APPKOVED:
City Secretary Mayor
APPROVED:
October 19, 2009
Consent Agenda Item No. 3d
Funding Agreement With Keep Brazos Beautiful
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a funding
agreement between the City of College Station and the Keep Brazos Beautiful for
FYI0 in the amount of $60,240.
Recommendation(s): Staff recommends approval of the funding agreement.
Summary: As part of the 2009-2010 budget process the City Council approved
funding for the Keep Brazos Beautiful in the amount of $60,240.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2009-2010 Sanitation Fund for the total amount of $60,240.
$33,240 is to be used for the operations and maintenance of Keep Brazos Beautiful.
$27,000 is to be used for beautification grants and projects of Keep Brazos Beautiful.
Attachments:
1. Keep Brazos Beautiful Funding Agreement (Available in City Secretary's Office)
October 19, 2009
Consent Agenda Item No. 3e
Master Cash Management Service Agreement
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to approve the Master Cash
Management Service Agreement with the City's bank depository, Citibank Texas, N.A.
Recommendation(s): Staff recommends approval of the Master Cash Management
Service Agreement.
Summary: The IYaster Cash Management Service Agreement is an agreement that will
allow the city to take advantage of supplemental services offered by Citibank. One such
service is payee positive pay, a check fraud detection service. Payee positive pay provides
greater fraud detection by matching the payee name, check number and check amount.
This service is supported through Citibusiness on-line and provides the ability to reject a
fraudulent check before it is deducted from a bank account. The City currently uses a
method called reverse positive pay as a preventive control to check fraud.
Budget & Financial Summary: None.
Attachments:
1. Master Cash Management Service Agreement
City of College Slation ("Client")
1. Introduction. Ciient has engaged Citibank, N.A. to perform the services (collectively, the "ervices") selecled by Client on the set-up forms signed by
one or more authorized representalives of Client (each an 'Aulhorized Representativeu) and delivered to Bank. The Services are more specifically
described in the supplemenls to this Agreement (collectively, Ihe "Supplements"), in the CitiBusinessC3 Online Agreement, in the user guldes, user
manuals and other user materials, including amendments or updates, provided by Bank lo Client (each a "User Guide")). Any reference to this
Agreemenl shall be deemed to include this Master Cash Management Service Agreement, the Supplements, the CitiBusiness Online Agreement, the
set-up forms and the User Guides unless otherwise stated. This Agreement applies between the Client, Citibank, N.A., and each Citibank entity,
Citibank financial center, subsidiary, affiliate or Processor (as later defined) providing a service. In lhis Agreement and all Supplements to lhis
Agreement, 'Bank" includes all or any (as the context may permit) of such Citibank entities, financial cenlers, representative offices, subsidiaries,
affiliates or Processors (as later defined). Bank will, where applicable, supply Ihe relevant Supplement, CitiBusiness Online Agreement or User Guide
lo Client prior to the provision of the Service. Unless otherwise agreed, the Supplement, CitiBusiness Online Agreement or User Guide shall be
deemed accepted by Client upon provision by Bank of a Service.
For certain Services selected by Client, Client must sign and deliver to Bank the Bank's standard form agreement for that Service and the applicable
set-up forms before Ihe Service will be available to Client. To the extent any term or provision of this Agreement direclly conflicts wilh any term or
provision of any other agreement with respect to a Service, the term and provision of such agreement shall control. Unless otherwise provided, to the
extent any provision of this Agreement conflicts with Ihe CiliBusiness Online Agreement or any Supplement, the provision of the CitiBusiness Online
Agreement or Supplement will control. To the extent any term or provision of this Agreement conflicts directly with any term or provision of the User
Guides or the CitiBusiness Client Manual, wilh respect to a Service, the provision of this Agreement (including any Supplement) will control.
The User Guide for each Service shall describe the various means by which the Client may communicate with Bank in connection with such Service.
Those means may include, without limitation, the use of compuler software ("Software") licensed or sublicensed by Bank lo Client ("License") or the
use of an Internet connection. If applicable, Client shall selecl on the set-up forms for a particular Service a means of communicating with Bank in
conneclion wilh that Service (each, a "Communication Link"). Multiple Communication Links may be selected for certain Services, as more specifically
described in the User Guides. Information and instruclions may be sent and received by Client through those Communication Links.
Client acknowledges and agrees that Bank may arrange to provide Software, if required, andlor may arrange for the Services covered by this
Agreement to be performed or provided by third party processors, including its affiliates (each a "Processor"). Client further agrees that any such
Processor is a third party beneficiary of this Agreement and as such is entitled to rely on, and avail itself of, the provisions of this Agreement as if it was
Bank, including, wilhout limitation, the limitations on liability and the indemnities described in this Agreement.
2. Client Representations. Client represents and warrants to Bank that (i) it is duly organized and validly existing, and is In good standing in every
jurisdiction where il is required so to be; (ii) it has the authority to execute and deliver this Agreement; (iii) the ofticers executing and delivering this
Agreement and the set-up forms for and on behalf of Client, are duly authorized to do so; (iv) any consent, aulhorization or instruction required in
connection with this Agreement and each Supplement has been provided by any relevant third party; Bank may rely upon the authority of each
Authorized Person for all purposes until Bank has received written nolice acceptable to it of any change from an Authorized Person and Bank has had
a reasonable time lo act thereon (after which time it shall rely upon the changed version); (v) any act required by any relevant governmental or olher
authority in connection with this Agreement has been or will be done (and will be renewed if necessary); (vi) its performance of this Agreement and use
of the Services will not violate any applicable law, regulation or other requirement; (vii) this Agreement is a legal, valid and bindlng obligation; Bank, in
accepting this Agreement, is acting and relying upon the foregoing representations and warranties.
3. &. Ciient agrees to pay Bank the fees and charges for all Ihe Services as calculated according to the fee schedule Bank furnishes to Clienl, and for
any olher fees and charges not covered under such fee schedule for any requested or required special service or handling, free from deductions and
exclusion of Value Added Tax or any equivalent tax from time to time in force, which will be the responsibility of the Client, except for taxes measured
by the net income or net worth of Bank (collectively, the "Fees")). If Client is required by the laws of any relevant jurisdiction to make any deduction or
withholding from any fees, interest or other amounts, on account of lax or other charges, the Client shall withhold the same and pay it to the relevant
authority, and shall pay Bank such addilional amount as may be necessary to ensure Bank receives an amount equal to the amount it would have
received had no such deduction been made. Bank may periodically amend its fee schedule without prior notice to Client. Unless olher arrangements
are made for payment of the Fees, Bank will automatically debit an account maintained by Client with Bank in the amount thereof.
4. Securitv Devices. Client will use the Services and the Software (if applicable) in accordance with this Agreement and any User Guide provided to
Client, including without limitation, the codes, encryption, passwords, digital signatures and certificates and other securily devices, systems and
Software ("Devices") used or assigned in conneclion therewith, as more fully described in the Agreement or User Guides. Client agrees to comply with
any additional securily, procedures or practices ("procedures"), which may be implemented by Bank for a particular Service. Bank may assume that
each inquiry and inslruclion received by Bank in connection with the use of the Devices or received in good faith through a Communication Link is a
genuine, valid and authorized inquiry or inslruclion of Client made by an Authorized Representative. Client shall be responsible for any liability, loss, or
damage resulting from Bank's actions taken in accordance with instructions to Bank from unauthorized persons when accompanied by the applicable
Devices.
Page 1 of 4
5. Performance. Unless the same have already been delivered, the Client shall deliver upon its acceptance of this Master Cash Managernent Service
Agreement and from time, to time, as appropriate, Ihe name and specimen signature of a person or persons (each an "Authorized Person') duly
aulhorized by the Clienl on ils behalf to enter into this Master Cash Management Service Agreement and any required Service Agreement, to take any
action in connection with any Service andlor to designate any olher person to do any such thing, together with any other document Bank may require,
including a letter signed by an appropriate officer, or equivalent documentation, certifying the authorization of the Authorized Representalive and the
aulhenticity of the signature.
Bank is authorized to act on any Communication and provide any Service using any payment system or intermediary bank it reasonably selects.
Bank's performance is subject lo the rules and regulations from time to lime of any intermediary organization or entity through which it acts on
Communications and provides Services. Any obligation of Bank relating to an account of the Client or Lo a Bank letter of credit or confirmation is
subject to the laws and regulations applicable in the jurisdiction where the account is held or such letter of credit or confirmation is issued (including
those related to exchange control) and shall be enforceable only against the financial center, subsidiary or affiliate of Bank where Ihe account is held or
such letter of credit or such confirmation is issued, at the sole place of payment.
Bank shall only be obligated lo make payments in respect of an account, letter of credit or confirmation in the currency in which that account, letter of
credit or confirmalion is denominated. Any obligation of the Client relating to a Bank letter of credit or confirmation issued for the account of the Client is
payable on substantially conforming documents and subject to the laws and regulations where the Bank letter of credit or confirmation obligation is
issued. Reimbursement, documentary collection and letter of credit related services are subject to the lnternational guidelines and procedures
promulgated by the International Chamber of Commerce in effect at that time of performance.
6. Notices. Except as otherwise provided in this Agreement, all notices and other communications by Client or Bank shall be in writing and, if to Client,
addressed to Client's primary mailing address as shown on Bank's records at such time, and if to Bank, addressed to Citibank Cash Managernent
Corporate Services, Department Head, 666 Fiflh Avenue, 3rd FloorlZone 19, New York, N.Y. 10103, or at such other address as Bank may specify in
writing. Any notice or communication to Bank will be effective when Bank has actually received, and has had a reasonable time to act on it. Any notice
or communicalion lo Client will be effective as stated in the notice or communication. Clienl further acknowledges and agrees that certain notices and
communications may be provided to Client by telephone, telecopy or electronic transmission at the telephone number, telecopy number or other
location or number as shown on Bank's records.
Bank may rely on all notices, instructions and other communications sent to Bank via telecopy or electronic transmission as though they are originals.
Without limiting the foregoing, Bank is entitled to rely on any notice, communication or instruction believed by it in good faith to be genuine or to have
been signed or authorized by an Authorized Representative of Client.
Any addition, deletion or change to any set-up forms for any Services requested by the Client must be submitted in a form acceptable to the Bank, and
no such requested addition, deletion or change will become operative or effective until the Bank confirms to Client that such addition, deletion or
change has been implemented, which the Bank agrees to do within a reasonable period of time.
Limitation on Liability: Indemnification. Bank's liability to Client for any loss or damage arising from or relating to this Agreement or any of the Services
or the Software or any technical computer service including Software installation or de-installation performed by Bank, or Client's use thereof,
regardless of the form of action, shall be limited to direct damages atlributable lo Bank's willful misconduct or gross negligence, and in no event shall
Bank be liable for (i) any punitive, indirect, consequential or special damages or lost profits, even if Bank has been advised of the possibility of such
damages, (ii) the acts or omissions of a third party servicer or vendor used by Client or Bank, or any loss, cost, damage or expense incurred by any
person or entity in connection therewith, or (ili) any loss, cost, expense, or damage to Client in connection with any Communication Link, Software, or
any technical computer service, including Software installation or de-installation performed by Bank, or Client's or Bank's use thereof. Client further
specifically agrees that Bank will have no liability for any disruption of its computer systems or loss of business information. Bank will not be
responsible for determining the compatibility of any installed Software with other system components or for any failure of any technical servicing or
Software installation to provide access to the parlicular cash management service which servicing or Software installalion was intended to make
available.
Unless otherwise precluded by applicable by law, Client agrees to indemnify and hold Bank harmless from and against any and all claims, loss or damage
of any nalure whatsoever (including but notlimited to attorneys' fees and court costs) arising direclly or indirectly from Client's use of the Services, any
Communication Link or the Software, any technical computer service, including Software installation or de-installation performed by Bank, or any other
matters related to this Agreement; provided, however, that Client shall not be obligated to indemnify Bank for claims, loss or damage attributable to
Bank's gross negligence or willful misconduct. This indemnity will survive the termination of this Agreement. Client agrees that it will not assert any
claims againsl Bank based on theories of negligence, gross negligence, strict liability, misrepresentation, or fraud based on or relating to any
Communicalion Link, Software or Clienl's possession or use lhereof or any technical computer service including, but not limited to, Software installation
or de-installation performed by Bank.
8. Reconciliation. Client will inspect all information provided by Bank in connection with the Services. Clienl agrees to promptly, by telephone and in
writing, notify Bank of any errors in such information or any discrepancies between its records and the information, statements or confirmalions of
transactions provided by Bank or otherwise made available to Client. If Client fails to notify Bank of any such error or discrepancy within 10 days of the
date on which such information is received by or otherwise made available to Client, then Client agrees that Bank will not be liable for any losses
resulting from Client's failure to give such notice or any resulting loss of interest relating to any funds transfers. if Client fails to notify Bank of any such
error or discrepancy within 30 days of the date on which such information is received by or otherwise made available to Client, then Client shall be
precluded from asserting such error or discrepancy against the Bank. Notwithstanding the foregoing, Bank reserves the right to, in its sole discretion,
adjust transaction records for good cause afler the expiration of said 30 day period.
Page 2 of 4
9. Representations and Warranties. BANK MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER STATUTORY, EXPRESS OR IMPLIED, OF
ANY KIND WITH RESPECT TO THE SERVICES, BANK'S PERFORMANCE OF SERVICES UNDER THlS AGREEMENT, OR THE SOFTWARE,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH, WITHOUT
LIMITING THE FOREGOING, ARE DISCLAIMED BY BANK. NO DESCRIPTIONS OR SPECIFICATIONS, WHETHER OR NOT INCORPORATED
INTO THE AGREEMENT, NO PROVISION OF MARKETING OR SALES MATERIALS AND NO STATEMENT MADE BY ANY SALES
REPRESENTATIVE IN CONNECTION WITH THE SERVICES, THE SOFTWARE, ANY COMMUNICATION LINK OR THlS AGREEMENT, SHALL
CONSTITUTE REPRESENTATIONS OR WARRANTIES OF ANY KIND.
10. Confidentiality. The products, Services, software, (if any), data and any information provided to or obtained by the Client in connection with lhis
Agreement or any Supplement or User Guide ('Bank Information") is the exclusive, valuable and confidential property of Bank andlor any of its relevant
licensors or suppliers as the case may be. Client agrees to safeguard and not disclose to any third party (a) the terms of the Agreement, including,
without limitation, the User Guide(s), Procedures, including any Devices used in connection therewith, and the payment and pricing terms or fees for
the Services, or (b) if applicable, the Software or any part thereof; in each case whether or not Bank is then peiforming Services for Client. Client
agrees to limit the internal access, disclosure and distribution of such information to its employees, agents or representatives who have a need to know
such information and will at all times have appropriate policies in effect to ensure the confidential status of such information. Client will be responsible
for the acts and omissions of its employees, agents or representatives with respect lo the confidential information. Client will promplly notify Bank (with
confirmation in writing) of any compromise or disclosure, or reasonable suspicion of compromise or disclosure, of any Bank Information or of any
security breach, including any unauthorized use or possession of the Devices or the Software. To the extent not prohibited by applicable law, the Client
authorizes the transfer of any information relating to the Client to and between the financial centers, subsidiaries, representative offices, affiliates,
Processor and agents of Citibank and third parties selected by any of them, wherever situated, for confidential use in connection with the provision of
products or Services to the Client (including for data processing purposes), and further acknowledges that any such financial center, subsidiary,
representative office, affiliate agent or third party shall be enlilled to transfer any such information as required by any law, court, regulator or legal
process.
11. Force Maieure. Notwithstanding any other provisions of this Agreement, Bank shall not have any responsibility or liability for any failure, error,
malfunction or any delay in carrying out any of ils obligations under lhis Agreement if such failure, error, malfunction or delay results from events due to
any cause beyond its reasonable control, including, without limitation, unavailability of any communications system, sabotage, fire, flood, explosion,
acts of God, civil commotion, strikes, stoppages of labor or industrial action of any kind, riots, insurrection, war or acts of government, power or
equipment failure (including that of any common carrier, transmission line or software), emergency conditions, adverse weather conditions or any other
factor, medium, instrumentality, condition or cause. Bank will not be liable or responsible for the acts or omissions of any other financial institution or
any third party, including any Processor, as defined herein, or for any inaccuracy or omission in a notice or communication received by Bank from
Client, another financial institution, any Processor, or any other third party. In addltion, Bank shall be excused from failing to transmit, or delaying the
transmission of, any transaction, if such transmittal would resull in Bank's having exceeded any limitation upon its intra-day net funds posilion
established pursuant to present or future Federal Reserve guidelines or in Bank's otherwise violating any provision of any present or future risk control
program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority. Bank shall not be liable for any failure to
peiform any of its obligations under this Agreement if such performance would result in it being in breach of any law, regulation, requirement or
provision of any government, government agency, banking or taxation authority in accordance with which it is required to act, as it shall determine.
12. Advertising. Neither the Client nor Bank shall display the name, trademark or service mark of the other without the prior written approval of the other
nor will the Client display that of Citigroup, Citicorp or any subsidiary of either without prior written approval from Citigroup, Citicorp or the subsidiary
concerned. The client shall not advertise or promote any Service without Bank's prior wrinen consent.
13. Termination. This Agreement will continue in full force and effect until terminated. This Agreement, any Serviceor Licenses, if any, provided hereunder,
may be terminated at any time by either party upon at least ten (10) days prior written notice to the other party. Bank may terminate this Agreement
immediately or refuse to perform any Service upon written notice (Including teiecopy) to Client in the event of (i) Client's breach of a material obligation
under this Agreement or applicable law (including nonpayment of any Fees or other obligations under this Agreement), (ii) Client's insolvency,
receivership or voluntary or involuntary bankruptcy, or the institution of any proceeding therefor, or any assignmenl for the benelit of creditors, or if in
the good faith opinion of Bank, the financial condition of Client has become impaired, or does not meet Bank's criteria for performing any particular
Service, or Client has failed to comply with Bank's request for credit-related information or assistance or (iii) Client's default under any agreement or
instrument relating to indebtedness owed by Client to Bank or an affiliate of Bank, and such default shall continue for a period of time sufficient to
permit the acceleration of the maturity of such indebtedness. Even if this Agreement is terminated, it shall continue in full force and effect as to all
transactions that occurred, or which Bank began processing, prior to such termination. All provisions relating to the rights and obligations of the parties
will continue to survive the termination of this Agreement. Upon termination of this Agreement, all Services and any Licenses shall automatically
terminate, and Client will immediately return lo Bank any Software and all User Guides, Procedures, documentation and other materials provided to
Client hereunder, and Client will promptly pay to Bank all sums due or to become due under this Agreement.
14. Assiqnment. Neither the Client nor Bank may assign or transfer any of its righls or obligations under lhis Agreement or any Service Agreement without
Ihe other's prior written consent, which consent will not be unreasonably withhold or delayed, provided lhat Citibank may at any time assign or transfer
any or all of its rights, duties or obligations under this Agreement or any Service Agreement to its parent, an affiliate or subsidiary and the Client hereby
consents to any such assignment or transfer and agrees to enter into any agreement which Client may reasonably request to effect such assignment or
transfer.
Page 3 of 4
15. General Provisions.
(a) The Client and Bank may agree lo certain Procedures and Devices designed to verify the origination (but not errors in transmission or content, . .
including discrepancies .beheen account names and numbers) of information, instructions, orders and olher communications (each a
'Communication"). The Client and Bank acknowledge the risk associated with transmitting Communications and will comply with the Procedures
and Devices in connection with each Communication. If Bank takes any action not provided in he Procedures and Devices in connection with any
Communication, such additional action shall not be deemed to become part of the Procedures.
(b) If Bank complies with the Procedures in respect of a Communication, Bank shall be entitled to act on that Communication ahd shall not be obliged
to verify the content of such Communication, to establish the identity of the person giving it or to await any written confirmation of the
Communication to be given by the Client. In addition, provided Bank complies with the Procedures, Bank shall not be liable for acting on, and the
Client agrees to be bound by, any Con~munication sent in the name of the Client (whether or not authorized). Bank may act on a Communlcalion by
reference to the account number only, even if the name on the account is also provided.
(c) Bank is not obliged to act on a Communication that is not transmitted in accordance with the Procedures. Bank may act on an incomplete
Communication where, in Bank's reasonable opinion, it contains sufficient informalion. Bank has no duty to discover, and shall not be liable for,
errors or omissions made by the Client or the duplication of any Communication by the Client.
(d) Bank may refuse to execute any Communicalion where Bank reasonably doubts its contents, authorization, origination or its compliance with the
Procedures. Bank shall provide prompt notice, which may be by telephone, to the Client of any such rejected Communication.
(e) If the Client informs Bank that it wishes to recall, cancel or amend a Communication after it has been received by Bank, Bank may use its
reasonable efforts to assist the Client to do so, but shall not be liable for any loss, cost or expense suffered by the Client if Bank does not, or is
unable to, amend, cancel or recall that Communication. Unless otherwise precluded by applicable law, the Client hereby agrees to indemnify Bank
against any loss, liability, claim or expense (including legal fees) it may incur in conneclion with assisting the Client to recall, cancel or amend a
Communication.
(I) Bank may, in its sole discretion, perform credit reviews of Client in accordance with Bank's credit criteria. Client shall, upon Bank's request, provide
Bank with any credit-related information and assistance as the Bank may require to perform any such review.
(g) No party's failure or delay in exercising any right or remedy under this Agreement will operate as a waiver of such right or remedy, and no single or
partial exercise of any right or remedy under his Agreement will preclude any additional or further exercise of such right or remedy or the exercise
of any other right. No waiver by either party of any breach of this Agreement will operate as a waiver of any prior, current or subsequent breach. No
waiver, breach, right or remedy will be effective unless made in writing.
(h) The Bank is authorized (but is not obligated) to record electronically and retain telephone conversations between the Client (including its purported
Authorized Representatives) and the Bank for security and quality of service purposes.
(i) This Agreement constitutes the final and complete agreement between Bank and Client with respect to the Services and any required Software,
and supersedes all other oral or written agreements, understandings and representations. Bank may amend this Agreement upon written notice to
Client. Any such amendment will be effective no earlier than 10 days after such nollce is sent to Client in the manner described herein. Headings
are for reference only and are not part of lhis Agreement.
(j) This Agreement is binding upon and shall inure to the benefit of Bank and Client and their respective successors and assigns, and shall be
construed and interpreted in accordance with federal law and regulations, and to the extent such law and regulations do not apply, with the laws of
the state (or District of Columbia) where your Citibank financial center is located, without regard to ils conflict of law provisions. Even if a provision
of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality, or enforceability of the other provisions of this Agreement will
not be affected or impaired by such holding.
(k) Bank and Client hereby agree that either party may produce telephonic or electronic recordings or computer records as evidence in any
proceedings brought in connection with this Agreement or any Service Agreement and the Client hereby agrees to Bank's telephonic or electronic
monitoring or recording for security and quality of service purposes.
(I) The authoritative text of this Agreement, any Service Agreement the Materials and all related documents and notices is in English. Any translation
from the English is for convenience only.
(m) Unless otherwise precluded by applicable law, Bank and Client each irrevocably waive any right to trial by jury in any proceeding related to lhis Agreement.
16. City of College Station is a Texas Home Rule Municipal Corporation and nothing in this Agreement waives or relinquishes City's right to claim any exemptions,
privileges, or immunities as may be provided by law.
This Agreement is signed and agreed to as of
At-y nf Cnll~qe Station
Client Name
By:
Name:- i t P -
Title: Mayor
CITIBANK, N.A.
Title:
Page 4 of 4
EXECUTED in triplicate originals this
by CITY.
day of ,20-,
CITY OF COLLEGE STATION
BY:
City Manager
Date:
APPROVED:
Chief Financial Officer
Date:
City Attorney
Date:
October 19, 2009
Consent Agenda Item No. 3f
Authorize Animal Shelter Funding Resolution
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion approving a resolution
authorizing expenditures for the Brazos Animal Shelter in the amount of $71,214.
Recommendation(s): Staff recommends approval of the resolution funding in the amount
of $71,214 to the Brazos Animal Shelter.
Summary: On September 10, 2009 Council approved the FYI0 proposed budget, which
included funding for the Brazos Animal Shelter. An Interlocal Agreement was approved on
October 22, 1991 and amended July 27, 1999. On September 13, 2001, the Council
approved another amendment to the Interlocal Agreement providing for the extension of a
lease with the City of Bryan. The allocation for the current FYlO funding is based on an
updated ILA that was approved by City Council on September 25, 2008.
Budget & Financial Summary: Funds are available and budgeted in the General Fund in
the Police Department Uniform Patrol division budget. Payments are made in equal
installments on a monthly basis.
-the $71,214 is the same level of funding as was provided in FY 09. The Brazos Animal
Shelter requested a 5O/0, or $3,561, increase in funding. This increase is not included in the
FY 10 budget.
. ..
Attachments:
1. Resolution
RESOLUTION NO.
A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF COLLEGE STATION, TEXAS AUTHORIZING
ANNUAL EXPENDITURE TO THE BRAZOS ANIMAL SHELTER FOR ANIMAL SHELTER SERVICES PROVIDED
TO THE ClTY OF COLLEGE STATION BY THE BRAZOS ANIMAL SHELTER.
WHEREAS the City of College Station entered into an Agreement for Animal Shelter Services with the
Brazos Animal Shelter on September 25,2008.
WHEREAS Section 2 of the Agreement says the City shall pay a fee for Animal Shelter Services to be
established annually by separate resolution; now, therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
Part 1: That the City Council of the City of College Station authorize the expenditure for Fiscal
Year 2009-2010 in the amount of $71,113, to be payable in 12 equal installments of
$5,926.08.
Part 2: That funds are budgeted and available in the Fiscal Year 2009-2010 Approved Budget in
the General Fund Police Department Budget.
Part 3: That this resolution is to be effective for the 2009-2010 Fiscal Year from October 1,2009
- September 30,2010.
Part 4: That this resolution shall take effect immediately from and after its passage,
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
October 19, 2009
Consent Agenda Item No. 39
Homebuyer Down-Payment Assistance Program (DAP) Guidelines
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion on changes to the
City's Homebuyer Down-Payment Assistance Program (DAP) Guidelines.
Recommendation(s): Staff recommends approval of the revised guidelines.
Summary: Staff is proposing the revised Down Payment Assistance Program
(DAP) Guidelines, which utilize HOME Investment Partnership Program grant funds to
aid low- to moderate-income homebuyers with down payment and closing cost
assistance. These changes will allow the Economic and Community Development
Director more discretion in his/her ability to increase DAP assistance for an applicant
purchasing a property from the City's Department of Economic and Community
Development or Community Housing Development Organizations to above $14,999 if
necessary to accomplish other City or program objectives. Director discretion in
regards to the loan amount may also be used upon significant demonstration of
extraordinary circumstances. The ability to offer a greater subsidy amount to
applicants interested in City developed homes is needed in order for staff to sell
homes in a more efficient manner. This change will allow certain successful
applicants to purchase a City developed home when they were unable to do so
previously while still allowing the City to recapture funds efficiently for further use in
the community.
Budget & Financial Summary: Federal HOME Investment Partnership Grant
(HOME) funds are used to provide homebuyer down payment assistance to eligible
applicants. The proposed guideline revisions will strengthen the City's overall
position in regards to long-term sustainability of the program.
Attachment:
Attachment 1 - Revised Down Payment Assistance (DAP) Guidelines
CITY OF COLLEGE STATION
DOWN-PAYMENT ASSISTANCE PROGRAM
Proposed Guidelines 10-19-2009
PROGRAM GUIDELINES
Unless herein stated otherwise, the general operating procedures contained in 24 CFR
Part 92 (Home lnvestment Partnerships Program) will be followed.
A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW
The City of College Station Down-Payment Assistance Program (DAP) is funded through the U.S.
Department of Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) and Home lnvestment Partnership Program (HOME) funds. Additionally, the City may
utilize other local, state, or federal resources that become available.
DAP is designed to assist income-eligible homebuyers with the purchase of affordable single
family residential properties located within the City of College Station for owner-occupied,
homestead use only. DAP financial assistance shall be limited to providing qualified applicants
with down paymentlprincipal reduction andlor closing cost assistance under the provisions of 92
CFR 3 92.254 qualification as affordable housing: homeownership. This may be accomplished in
part by developing, with City Council approval, affordable single-family units to be made available
to program eligible families.
The basic goals of the Down-Payment Assistance Program are:
- To provide homeownership opportunities for low income individuals and families
- To expand the supply of decent housing available to low-income homebuyers.
- To provide homeowner training and homebuyer counseling activities to low-income
homebuyers.
DAP financial assistance shall be provided using deferred loans which, to the extent proceeds are
available from the transaction, are fully repayable upon sale of the property. This assistance is
combined with conventional permanent financing offered by private sector lenders (i.e., banks,
thrifts, or mortgage corporations). Sellerlowner financing is not permitted, except for applicants
applying under the Habitat for Humanity homebuyer program. DAP will provide a maximum of
$10,000, not to exceed 10% of the sales price, for one to four-person households, or a maximum
of $14,999, not to exceed 20% of the sales price for five (5) person or larger households, provided
that the amount of assistance does not decrease the debtlincome ratio for Principal, Interest,
Taxes, and Insurance (PITI) below 20% of gross monthly income or increase the amount of
assistance beyond the maximum 221(d)(3) limit as published by HUD for qualified applicants
purchasing eligible properties in the City of College Station. For all applicants purchasing
properties developed by the City's Department of Economic and Community Development or
Community Housing Development Organizations (CHDOs), the maximum amount of DAP
assistance will be, in most circumstances, 20% of the sales price, generally not to exceeding
Page 1 of 7; As Adopted Proposed to by the City Council on October 19,2009May 22,2008
$14,999, provided that the amount of assistance does not decrease the debVincome ratio for PITI
below 20% of gross monthly income. The maximum purchase price shall not exceed the
maximum published FHA mortgage limit (203b limit). At hislher sole discretion, the Economic and
Community Development Department Director may increase the amount of DAP assistance to
above $14,999 for an applicant purchasing properties developed by the City's Department of
Economic and Community Development or CHDOs if necessary to accomplish other City or
program objectives, or upon significant demonstration of extraordinary circumstances.
DAP assistance will require a lien by the City of College Station. DAP homebuyers must
contribute a minimum of 1.5% of the sales price to the purchase of properties, except for
applicants applying under the Habitat for Humanity homebuyer program. At the discretion of the
Economic and Community Development Department Director, this requirement may be waived.
Participating lenders must provide escrow services to buyers for insurance and tax payment
purposes. The City will not participate in purchases where the mortgage lender's interest rate
exceeds the local average mortgage rate by more than one and one-half additional percentage
points. Additionally, lender mortgages of less than fifteen (15) years will not be eligible for
participation in the DAP Program.
B. HOMEBUYER ELIGIBILITY CRITERIA
Eligible applicants of DAP financial assistance must meet the following qualifications:
1. An applicant must have a gross income of less than eighty (80) percent of the
BryanlCollege Station area median income as established by HUD. Income will be
determined by the provisions of 24 CFR 9 92.203 (Income determinations) and 24 CFR 9
5.609 (Annual income). Applicants will not be eligible for DAP assistance if, upon
application, they have assets exceeding $20,000 on hand. Retirement funds in IRS
recognized retirement accounts are excluded.
2. Participants will be required to certify at the time they acquire an ownership interest in the
unit that they intend to occupy the unit as their principal residence. Occupancy will be
determined through verification of utility consumption, and other verifications determined
to be acceptable by the City, on an annual basis.
3. Credit and Employment Standards
a. Qualified applicants will have an average FlCO credit score of no less than 600, with
no bankruptcies, foreclosures, student loan delinquencies, income tax delinquencies,
child support delinquencies or repossessions within the previous two (2) years. This
provision does not apply to applicants applying under the Habitat for Humanity
homebuyer program. The Economic and Community Development Department
Director may waive this requirement if necessary to accomplish other City or program
objectives, or upon significant demonstration of extraordinary circumstances.
b. Applicants must have an employment history in the same job, or in the case of
professional, salaried employees (as defined in 29 CFR 9 541 meeting any of the
Page 2 of 7: As Adopted Proposed to by the City Council on October 19.2009May 22,2008
requirements in Subparts B, C, D, E, or F), in the same field of employment, for a
minimum of six (6) months.
c. Student loans which are currently deferred at the time of application will be included in
the debt ratio calculation as if in repayment status.
4. Citizenship: In order to receive DAP assistance, applicants must be United States
Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified Alien
status will be verified by the U.S. Citizenship and Immigration Services Division of the
Department of Homeland Security.
C. ELIGIBLE PROPERTY CRITERIA
Property eligible for purchase under DAP is subject to the requirements of 24 CFR § 92.254
(Qualification as affordable housing: homeownership) and as follows:
1. The DAP will be implemented on a city-wide basis within the city limits of the City of
College Station.
2. All single-family property, located within the above mentioned boundaries. The definition of
"single-family" property includes individually owned townhouse units, homeplexes and
condominium units, but excludes mobile homes, duplexes and quadraplexes.
3. Only property that is debt-free and has an otherwise clear title on the date it is acquired by
an applicant is eligible.
4. All eligible DAP properties shall not exceed 95 percent of the maximum amount insurable
under Section 203(b) of the National Housing Act (FHA lending limit) for the BryanlCollege
Station area.
5. Eligible properties must not be tenant-occupied on the date of the execution of the Earnest
Money or Sales Contract, unless the occupant is the buyer.
6. Properties constructed prior to 1978 must have passed a lead-based paint risk
assessment by a State of Texas-licensed Lead Risk Assessor.
D. LOAN INSTRUMENTS
DAP shall use two (2) basic loan instruments (promissory note and deed-of-trust) to provide
financial assistance to eligible applicants and to comply with the provisions of 24 CFR 5
92.254(a)(5)(ii)(A) (Recapture, Net Proceeds). The intention of the DAP loan instrument is to
provide supplemental financial assistance when combined with permanent financing.
Affordability shall be determined, except in the case of purchases through the Habitat for Humanity
homebuyer program, by ensuring the total PITI (principal, interest, taxes, and insurance) payment
Page 3 of 7; As Adopted Proposed to by the City Council on October 19, 2009May 22,2008
(front ratio) is not less than 20% but not more than 35% of the monthly income of the eligible DAP
homebuyer. With lender approval, the upper percentage may be slightly exceeded under
extenuating circumstances that demonstrate the buyer's ability to handle higher payments. The
maximum total debt-to-income ratio (back ratio) is 45% (participating lenders may require a lower
percentage). The City of College Station shall not participate in loan packages that have
mortgages that are not fully amortizing ("balloon" mortgage) or contain negative amortization.
Mortgage interest rates must be fixed for the full loan term. Interest rate buy-downs are not
permitted. A maximum of 30% of the program assistance may be used for closing costs, except
prepaid taxes or mortgage insurance. The remaining 70% must be applied directly to the down
payment. Any Mortgage Credit Certificate Tax Credits claimed by the applicant will not be
included in the debt ratio calculation.
DAP loan instruments shall require that the property must be maintained to meet all applicable City
codes, including community appearance standards and code enforcement ordinances.
Deferred Loan
Affordability Period: 5 years
Amount:
1 - 4 person households: 10% or $1 0,000 maximum
5 + person households: 2010% or $14,999 maximum
City or CHDO properties: 2010% or $14,999 maximumXor as-established by D~rector) Formatted: Font' 11 pt 1
Repayment Due:
100% upon sale (to the extent proceeds available)
Lien holder Position: Second
Refinancing: Allowed for payment, term, or interest rate
reduction. No cash-out refinance allowed.
Owner Occupancy Required: On the date the homebuyer ceases occupying the
property as a primary residence (i.e., rental, gift,
death, abandonment), the deferred loan will become
due and payable to the City (except for deployed
military personnel.)
Except in the case of purchases under the Habitat for Humanity homebuyer program, the City shall
have the prior right to purchase the ownership interest in the property from the initial DAP
homeowner for the amount specified in a firm contract between the homeowner and the
prospective buyer. The City shall have 10 business days after receiving notice of the firm contract
to decide whether to exercise its right and 60 additional calendar days to complete closing of the
property.
Page 4 of 7; As Adopted Proposed to by the City Council on October 19,2009May 22,2008
Military Deployment - In the event that the homebuyer is deployed on active duty, the homebuyer
may, at their discretion, rent the home during the time of deployment to an income-eligible
applicant if the homebuyer's monthly mortgage payment will exceed 30% of gross monthly income
after deployment. The maximum rent will be determined by published maximum HUD rents for the
area. The City of College Station Department of Economic and Community Development will
verify income eligibility of the rental applicant and will file a copy of the deployment orders in the
homebuyer's client file. If the home is rented to an income-eligible applicant, or is occupied by the
homebuyer's dependents, the DAP loan will continue to be deferred.
E. HOUSING QUALITY PLAN
1. Economic and Community Development Departmental staff, who are experienced in
conducting inspections of housing units for health and safety standards will complete
inspections of all proposed units for conditions posing a health or safety threat to
occupants prior to approval of the unit for transfer to the homebuyer.
2. All DAP funded properties must meet all requirements under 24 CFR 3 92.251(a)
(Property standards) prior to closing.
3. Subject properties will be reviewed with regards to environmental issues as required by
federal guidelines in 24 CFR § 92.352 (Environmental review) Properties not eligible for
federal assistance due to environmental hazards will be ineligible for this program.
F. DAP HOMEBUYER AND HOMEOWNER COUNSELING PROGRAM
The Homebuyer and Homeowner Counseling Program will provide a full range of services, advice,
and assistance to potential homebuyers to assist them in meeting the responsibilities of home
ownership.
1. An Intake Interview will be conducted between the counselor and the prospective
homebuyer once the application has been completed and reviewed by the counselor. The
counselor will obtain and document sufficient information on the nature of the applicant's
housing needs to determine the applicability of housing counseling, the type of assistance
needed, and to establish a case action plan.
2. The counseling session will cover housing selection, Fair Housing laws, purchase
procedures, real estate and mortgage terminology, types of financing and assistance
programs, and the rights and responsibilities of homeowners.
3. The counseling session will also provide training to enhance home management skills,
including money management, comparative shopping, use of credit, debt management
and homeowner's insurance and property taxes. A review of the homebuyer's income and
expenses and the development of a budget will be covered.
4. The counseling session will provide instructionlinformation on property care and
maintenance, simple home repairs, and housing codes and enforcement procedures.
Page 5 of 7; As Adopted Proposed to by the City Council on October 19,2009May 22,2008
5. Information regarding reducing energy waste, developing an energy conservation lifestyle,
energy audits, tax credit information, low cost weatherizing instructions, product fraud
prevention, and safety information will also be provided.
6. Post-Occupancy Counseling will be offered upon request to the homebuyer after the
purchase of the home. This counseling will also be available to assist in resolving
problems between the mortgagee and the home buyer and will provide appropriate
referrals to other agencies, as needed.
G. APPLICA'TION PROCESS
Persons having previously completed homebuyer assistance evaluations and counselirlg with staff
will be given priority. Interested applicants will be given application and verification forms and
instructions for completion. Staff will be available to assist with completion of required forms.
1. Once an applicant meets all program requirements, to include applying for and receiving
approval for permanent mortgage financing, an Electronic Funds Transfer (E.F.T.) or
check will be requested for the appropriate program assistance. Program documents will
be prepared and forwarded to the appropriate title company. Upon Closing, DAP funds
will be made available to the selected title company. The E.F.T. or check will be made out
to the title company for the benefit of the applicantlbuyer.
2. All program requirements having been met, eligible applicants will be prioritized according
to date and time of intake interview and pre-purchase session. Assistance will continue
until all funds are depleted or the program is terminated. In the event of a funding
shortage, families with dependent children will receive priority. Families with dependent
children will also receive priority for properties developed and owned by the City.
3. Previous recipients of Economic and Community Development housing program
assistance (ORP, Rehab, TBRA, etc.) must be approved by the Economic and Community
Development Department Director prior to receiving DAP assistance. Previous DAP
recipients are not eligible for additional DAP assistance, except upon approval of the
Economic and Community Development Department Director.
4. Applicants falsifying information will be disqualified from participating in the program and
may be subject to criminal prosecution.
5. Applicants denied for DAP can reapply no earlier than six (6) months from the date of
original application.
6. A non-refundable fee of $20 shall be due upon receipt of the application or pre-application.
This fee is meant to primarily cover the cost of the prospective client's credit report.
Page 6 of 7; As Adopted Proposed to by the City Council on October 19, 2009May 22, 2008
H. ANTI-DISPLACEMENT POLICY STATEMENT
1. The City shall not engage or participate in any activities that influence the permanent
andlor involuntary relocation or displacement of any low-income family due to the DAP
pursuant to the provisions of 24 CFRS 92.353 Displacement, Relocation, and Acquisition.
2. It is not anticipated that it would be necessary to relocate any families. However, the City
will follow the relocation procedures as set forth in its adopted Anti-Displacement Policy if
the need does arise.
I. EQUAL OPPORTUNITY STATEMENT
The City of College Station is committed to providing equal opportunity for minority- or women-
owned businesses to compete and obtain contracts for City sponsored projects, and will comply
with the provisions of 24 CFR 9 92.350 (Other Federal requirements and nondiscrimination) and
24 CFR § 92.351 (Affirmative marketing; minority outreach program).
J. FAIR HOUSING POLICY STATEMENT
The City of College Station adopted a Fair Housing Ordinance in 1979, which prohibits
discrimination in the sale or rental of housing, and discrimination in the provision of brokerage
services. The ordinance also outlines the City's procedures regarding complaints, investigation,
cumulative legal effect, unlawful intimidation, education and public information and penalty. The
City is not under any court order or decree regarding Fair Housing. Relevant policies and codes
have been examined and no exclusionary zoning codes were evident. The City of College Station
does not have a rental control ordinance. The City of College Station will comply with the
provisions of 24 CFR § 92.351 (Affirmative marketiug; minority outreach program).
lnformation regarding the DAP will be made available to the public through the use of a variety of
public media, to include: meetings, the City's website and ads in the classified section of the
newspapers. Press releases may be given to the local media. lnformation and applications will be
made available to local agencies that deal with low to moderate income people. Economic and
Community Development staff will be available to speak to organizations or groups of interested
individuals. Other methods of program information outreach may be utilized, including utility bill
inserts, direct mailing, television advertising, and applications and program information will also be
available on various City-specific media.
In addition, the City of College Station will seek technical assistance from the appropriate HUD
staff in order to ensure that all Fair Housing requirements and standards are upheld and ultimately
furthered.
Page 7 of 7; As Adopted Proposed to by the City Council on October 19,2009May 22,2008
October 19, 2009
Consent Agenda Item No. 3h
Wastewater Collection System Planning Evaluation
To : Glenn Brown, City Manager
From: David Coleman, Director of Water Services.
Agenda Caption: Presentation, possible action, and discussion regarding adoption of a
resolution to award contract 09-306 to HDR Engineering Inc in the amount of $209,500 for
a Wastewater Collection System Planning Evaluation.
Recommendation: Staff recommends Council adopt this resolution.
Summary: The Wastewater Collection System Planning Evaluation is an element of the
Wastewater Master Plan. Its purpose is to evaluate the capacity of the existing system,
consider the likely extensions of sewer service, and provide an orderly, prioritized schedule
of system improvements necessary to efficiently provide sewer service to existing and
future customers.
The existing Wastewater Master Plan is ten years old, and an update is already in progress
by HDR, under separate contract that was approved by City Council on January 24, 2008.
When this contract was awarded, budget constraints dictated the removal of several
important elements of the master plan update. However, as the updated master plans have
been developed and the impact fee study has progressed, it has become obvious that some
of these tasks must be done. The system evaluation that will be done under this proposed
contract will directly contribute to our Impact Fee Study, and provide an important tool for
evaluating sewer capacities for future development.
A major portion of this evaluation is a dynamic sewer model and the flow monitoring
necessary to ensure the model reflects real world conditions. The model will give us a much
more accurate prediction of the effects of system modifications such as line extensions or
the rehabilitation of areas subject to high rates of inflow and infiltration. This in turn will
allow us to more effectively prioritize our system improvements and assist us in designing
lines of the appropriate size without overdesigning due to a lack of information. This model
will also provide an accurate assessment, during the development review process, on the
impacts of new development, infill, and re-developing areas based on the newly adopted
comprehensive plan and any future re-zoning requests. Also, the information about existing
capacities is essential to determine potential Impact Fees, so that staff can properly advise
City Council in their decision whether to implement City-wide impact fees.
Budget & Financial Summary: This expense is approximately 1/2 of l0/o of the projected
capital expenditures for the next five years and will provide a basis for properly sizing,
prioritizing and sequencing those improvements. Funds for this item were not included in
the FYlO budget. If approved, the budget will be included on an upcoming FYlO budget
amendment and the Wastewater Operating Budget will be amended for this purchase.
Attachment:
Resolution
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 EXPENDITURE
OF FUNDS FOR THE WASTEWATER COLLECTION SYSTEM ENGINEERING
PLANNlNG EVALUATION PROJECT.
WHEREAS, the City of College Station, Texas, solicited proposals for the Wastewater
Collection System Planning Evaluation; and
WHEREAS, the selection of HDR Engineering, Inc, is being recommended as the most highly
qualified provider of the Wastewater Collection System Planning Evaluation services; now,
therefore,
RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that HDR Engineering, Inc. is the most highly
qualified provider of the services for Wastewater Collection System Engineering
Planning Evaluation Project on the basis of demonstrated competence and
qualifications.
PART 2: That the City Council hereby approves the contract with HDR Engineering, Inc. for an
amount not to exceed $209,500.00 for the evaluation services related to the
Wastewater Collection System Engineering Planning Evaluation Project.
PART 3: That the funding for this Contract shall be as budgeted from the Wastewater
Operating Fund in the amount of$209,500.00.
PART 4: That this resolution shall talce effect iillmediately froin and after its passage.
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary MAYOR
October 19, 2009
Consent Agenda Item No. 3i
Westminster Sanitary Sewer Line Extension Change Order
To : Glenn Brown, City Manager
From: Chuck Gilma n, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a change order to the
Design Contract 06-238 with Bleyl and Associates in the amount of $5,350; for the
Westminster Sanitary Sewer Line Extension Project to update the topographic survey and
revise the design drawings to reflect current conditions.
Recommendation(s): Staff recommends approval of the change order.
Summary: The design of the sewer line was 90°/o complete in 2006, however, the project
was put on hold due to lengthy negotiations to acquire necessary utility easements and
prevent condemnation. All the easements should be secured before the end of November
2009. Since 2006, TXDOT began widening Wellborn Road resulting in a change of existing
grade and the relocation of utilities. Additionally, new utilities were installed in this corridor
since 2006.
Due to the changes to the topography and infrastructure in this area, additional survey
information is necessary to ensure the design drawings reflect current conditions. Once this
survey data is collected, the design will be updated.
Budget & Financial Summary: Change Order No. 1 will increase the contract amount by
$5,350.00 for a revised contract total of $30,916.00. Funds in the amount of $359,314.00
are currently budgeted for this project in the Wastewater Capital Improvement Projects
Fund. $126,469.90 has been expended to date, leaving a balance of $232,844.10.
Attachments:
1.) Change Order
2.) Project Location Map
$5,350.00 20.93% CHANGE
REVISED CONTRACT AMOUNT $30,916.00 20.93% TOTAL CHANGE
ORIGINAL CONTRACT DESIGN TIME 63 Days
Change Order No. 1 1,307 Days
Revised Contract Design Time 1,370 Days
DIRECTOR OF FISCAL SERVICES
PROJECT MANAGER MAYOR
CITY ENGINEER 4' : / ClTY SECRETARY
(--' -., /,c-++,,l '/
\-.---.'&- ,,,,y ,:+y ,(,;c .-,-,, ,,P 7\-.LJ < -..>-...-
DEPARTMENT DIRECTOR CITY MANAGER
Page 1 of 1
October 19, 2009
Consent Agenda Item No. 3j
Roadway Traffic Markings & Traffic Control Services
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion of resolutions awarding
bids for the installation of roadway traffic markings and traffic control to lowest responsible
bidder Highway Technology of Austin, Texas in the amount of $163,182.50 and, traffic
control services to lowest responsible bidder N-Line Traffic Maintenance of Bryan, Texas in
the amount of $18,706.25.
Recommendation(s): This was a two part bid.
Staff recommends approval of the resolution awarding a bid for roadway traffic
markings to lowest responsible bidder Highway Technology of Austin, Texas in the
amount of $163,182.50.
Staff also recommends approval of the resolution awarding a bid for traffic control
services to lowest responsible bidder N-Line Traffic Maintenance of Bryan, Texas in
the amount of $18,706.25.
The total amount of Bid #09-82 is $181,888.75
Summary: These contractors will provide pavement markings, barricades and construction
signage. These services are essential in guiding vehicular and bicycle traffic throughout the
City. Proper traffic control provides safety for the motoring public driving through
construction zones and emergency situations.
Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for the
installation of roadway traffic markings and traffic control services is provided from the
operating budget of Traffic Operations Budget.
Attachments:
1. Bid tabulation #09-82
2. Resolution for Highway Technology
3. Resolution for N-Line Maintenance
ITB 09-82
Annual Contract for Traffic Pavement Striping and Marking Services
Open Date: Monday, September 14, 2009 @ 2:00
c.1 >Ill C,L~I><,I \ > 10~.
N-Line Traffic
Maintenance LP
(Bryan, TX)
Highway Technologies, Inc.
(Austin, TX)
Item Qty
No. (Estimate) UOM Description Unit Price Bid Amount Unit Price Bid Amount
SECTION A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2 1
22
23
24
25
26
27
28
29
30
220,000
22,000
22,000
75,000
2,500
2,500
2,000
2,000
4,000
1,000
1,000
1,000
15,000
15,000
10,000
2,500
2,500
2,500
1,000
4,000
15
15
20
20
20
20
10
1,500
1,500
1,500
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
LF
LF
LF
4" Reflectorized Paint Markings DOT (SLD) Re-
Stripe
4" Reflectorized Paint Markings DOT (BRK) Re-
Stripe
4" Reflectorized Markings (SLD) Layout
4" Reflectorized Markings (BRK) Layout
8" Reflectorized Paint Markings DOT (SLD) Re-
Stripe
8" Reflectorized Markings (SLD) Layout
6" Reflectorized Markings (SLD) Re-Stripe
12" Reflectorized Paint Markings DOT (SLD) Re-
Stripe
12" Reflectorized Markings (SLD) Layout
18" Reflectorized Paint Markings DOT (SLD) Re-
Stripe
18" Reflectorized Markings (SLD) Layout
24" Reflectorized Paint Markings DOT (SLD) Re-
Stripe
4" Reflectorized Thermo Markings DOT (SLD) Re-
stripe
4" Reflectorized Thermo Markings DOT (BRK) Re.
Stripe
8" Reflectorized Thermo Markings DOT (SLD) Re-
Stripe
12" Reflectorized Thermo Markings DOT (SLD)
Re-stripe
18" Reflectorized Thermo Markings DOT (SLD)
Re-stripe
24" Reflectorized Thermo Markings DOT (SLD)
Reflectorized
Non-Reflectorized Curb Markings
Non-Reflectorized Curb w/Words per 15 feet
ADA Handicap Emblem
ADA Handicap Emblem w/Blue Background
8' 2" Reflectorized Thermo Turn Arrow
9' 10" Reflectorized Thermo Directional Arrow
13' 1" Reflectorized Thermo Combination Arrow
8' Reflectorized Thermo Combination Arrow
Reflectorized Thermo Railroad Crossing
Eliminate Existing 4" Pavement Markings
Eliminate Existing 8" Pavement Markings
Eliminate Existing 12" Pavement Markings
$0.17
$0.1 8
$0.18
$0.33
$0.40
$0.50
$0.40
$0.45
$0.50
$0.60
$1 .SO
$0.50
$0.85
$2.25
$2.50
$3.50
$5.00
$0.25
$0.50
$10.00
$25.00
$70.00
$80.00
$150.00
$80.00
$275.00
$1 .OO
$1 .SO
$2.00
$3,740.00
$3,960.00
$13,500.00
$825.00
$1,000.00
$1,000.00
$800.00
$1,800.00
$500.00
$600.00
$1,500.00
$7,500.00
$12,750.00
$22,500.00
$6,250.00
$8,750.00
$12,500.00
$250.00
52,000.00
$150.00
$375.00
$1,400.00
$1,600.00
$3,000.00
$1,600.00
$2,750.00
$1,500.00
$2,250.00
$3,000.00
$0.16
$0.25
$0.16
$0.34
$0.35
$0.30
$0.75
$1.20
$0.75
$1.50
$1 .OO
$0.65
$0.45
$0.75
$2.00
$2.00
$3.75
$0.55
$0.35
$15.00
$40.00
$95.00
$85.00
$95.00
$110.00
$350.00
$0.50
$0.70
$2.00
$3,520.00
$5,500.00
$12,000.00
$850.00
$875.00
$600.00
$1,500.00
$4,800.00
$750.00
$1,500.00
$1,000.00
$9,750.00
$6,750.00
$7,500.00
$5,000.00
$5,000.00
$9,375.00
$550.00
$1,400.00
$225.00
$600.00
$1,900.00
$1,700.00
$1,900.00
$2,200.00
$3,500.00
$750.00
$1,050.00
$3,000.00
ITB 09-82
Annual Contract for Traffic Pavement Striping and Marking Services
Open Date: Monday, September 14,2009 @ 2:00
C.! ~i~ltL>ll'<,l\ l(1.~
I
Item
No.
3 1
32
3 3
34
37 250 EA C-R(4")
Q t y
(Estimate)
1,500
1,000
20
1,500
N-Line Traffic
Maintenance LP
(Bryan, TX)
38
39
40
4 1
42
13
44
45
46
Unit Price
$2.50
$3.00
$20.00
$2.50
Highway Technologies, Inc.
(Austin, TX)
UOM
LF
LF
HR
EA
Bid Amour~t
$3,750.00
$3,000.00
$400.00
$3,750.00
Unit Price
$1.00
$4.00
$50.00
$2.00
200
20
20
20
2,000
1,500
25
2,000
1,500
Description
Eliminate Existing 18" Pavement Markings
Eliminate Existing 24" Pavement Markings
Pressure Cleaning
Reflectorized Raised Pavement Markings Type I-A
(4")
Reflectorized Raised Pavement Markings Type II-
Bid Amount
$1,500.00
$4,000.00
$1,000.00
$3,000.00
TOTAL - SECTION A
EA
EA
EA
EA
EA
EA
EA
EA
EA
$189,975.00
Non-Reflectorized Raised Pavement Markings 4"
Round Ceramic (Y-JV)
Reflectonzed 4 ft (length) Words Theimo
Reflectonzed 8 ft (length) Words Thermo
Reflectorized 6 ft Bike symbols Thermo
Temporary Marking Tabs
Removal of Temporary Marking Tabs
Bike Lane Arrow (6ft White)
Supply And Install Fire Lane Striping
Reflectorized Raised Pavement Markings Type I-A
(4")
$163,182.50
$1.75
$70.00
$1 25.00
$75.00
$0.40
$0.10
$75.00
$0.50
$3.00
$350.00
$1,400.00
$2,500.00
$1,500.00
$800.00
$150.00
$1,875.00
$1,000.00
$4,500.00
$2.00
$60.00
$170.00
$95.00
$0.55
$0.25
$75.00
$0.75
$2.00
$400.00
$1,200.00
$3,400.00
$1,900.00
$1,100.00
$375.00
$1,875.00
$1,500.00
$3,000.00
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I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTIPACT FOR THE TRAFFIC
MARKINGS PROJECT AND AUTHORIZING THE EXPENDITUIEaE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
Traffic Markings Project; and
WHEREAS, the selection of Highway Technologies, Inc. is being recommended as the lowest
responsible bidder for the construction services related to installation of traffic markings; 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 Highway Technologies, Inc. is the
lowest responsible bidder.
PART2: That the City Council hereby approves the contract with Highway
Technologies, Inc. for $163,182.50 for the labor, materials and equipment
required for the improvements related to the Traffic Markings Project.
PART 3: That the hnding for this Project shall be as budgeted from .the General
Fund, Traffic Maintenance Division, in the amount of $163,182.50.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of . A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
L City Attorney
1101 Tuus Avenue
College Statior~, TX 77840
W\IRV.CStX.~O\'
ANNUAL PRICE AGREEMENT
AND
SPECIFICATIONS
FOR TRAFFIC PAVEMENT STRIPING AND MARKING
BID OPENING DATE: Monday, September 14,2009 @2:00 P.M. CST
Bids will be received at the City of College Station Purchasing Department, 1101 Texas Avenue, College
Station, TX 77842, until Monday, September 14, 2009, at 2:00 p.m. CST, and publicly opened and read aloud at
City Hall, 1101 Texas Avenue, College Station, TX. Questions and inquiries about this bid should be submitted
in writing via the Q&A feature available through the Online Bidding System at htt~://brazosbid.cstx.aov/ . The
deadline for submitting written requests for clarification is Wednesday, September 9,2009, at 2:00 p.m. CST.
Clearly mark return bid envelope with Bid #09-82 and Bid Opening Date.
**Five (5) percent bid security is required**
Bids are solicited for an annual agreement for traffic pavement striping and marking with the following
definitions, term and conditions of bidding. Should this bid contain the City's standard contract terms,
conditions and insurance requirements, they will be attached as Exhibit A.
NOTE: Bid opportuilities are posted on our website at w~wv.cstx.pov. Some bids, but not all, are
conducive to receipt of bids via the City of College Station's On-Line Bidding System. These bids are
encrypted and remain effectively loclted until the due date and time. If you are interested in submitting
your bid on-line, you must be registered with the City of College Station. See On-Line Bidding at
www.cstx.gov for more information.
The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to
the City 01 College Station Purchasing Sel-vices Division, unless otherwise specified elsewhere in this bid
request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for
having done so:
Definitiolls
In order to simplify the language throughout this bid, the following definitions shall apply:
CITY OF COLLEGE STATION - Same as City.
Bid No. 09-82
Annual Traffic Pavement Striping and Marking Services
Page 1 of 15
CITY COUNCIL - The elected officials of the City of Collcgc Station, Texas given the authority to exercise
such powers and jurisdiction of all City business as conferred by the State Constitution and Laws.
CONTRACT - An agreement between the City and a Supplier to furnish supplies and/or services over a
designated period of timc during which repeated purchases are made of the conlmodity specified.
CONTRACTOR - The successful Bidder(s) of this bid request.
CITY - The government of the City of College Station, Texas.
OWNER - City of College Station
SUB-CONTRACTOR - Any contractor hircd by the Contractor or Supplier to furnish materials and services
specified in this bid request.
SUPPLIER - Same as Contractor.
Acceptaiice
Upon acceptance and approval by the City Council, or their designated official, this bid effects a working
contract between the City and the successful bidder for the period designated. A City of College Station
Purchase Order is required prior to the delivery of any goods or services provided to the City.
All bids will remain subject to acceptance, for 90 days after the date of the Bid opening.
Addenda
If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders.
Owner is not bound by any oral representations, clarifications, or changes madc in the written specification by
Owner's employees, unless such clarification of change is provided to bidders in written addendum form from
the Purchasing Agent.
Addenda will be transmitted to all that are known to have received a copy of the bid documents and
specifications. However, it shall be the sole responsibility of the Bidder to verify issuance of any addenda to
check all avenues of document availability prior to the opening date and time. Bidder shall acknowledge
receipt of all addenda.
Advertisement
The Invitation to Bid as advertised will be considered an inclusion of the specifications and conditions.
Applicable Laws
All bidders will comply with all Federal, State, and local laws relative to conducting business in the City of
College Station. The laws of the statc of Texas will govern as to the interpretation, validity, and effect of this
bid, its award and any contract entered into.
Assignments
It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its
right, title or interest in or to the same, or any part thereof, without previous written consent of Owner and any
sureties.
Award of Contract
Contract may be awarded to the bidder who provides goods or services at the best value for the City. In
determining the best value for the City, the City may consider, but is not necessarily limited to, the following
factors:
a. Conformity to specifications;
b, the purchase price, including payment discount terms;
c. the reputation of the bidder and of the bidder's goods or services;
Bid No. 09-82
Annual l'raftic Pavement Striping and Marking Scrvices
d, the quality of the bidder's goods or serviccs;
e. the extent to which the goods or services meet the City's needs;
f. the bidder's past relationship with the City;
g, the impact on the ability of the City to comply with laws and rules relating to contracting with historically
uilderutilized businesses and nonprofit organizations employing persons with disabilities;
h. delivery terms;
i. payment terms;
j. availability of repair and maintenance parts;
k. financial condition;
1. products or services that have a lesser or reduced effect on human health and the environment when
compared with competing products and services that serve the same purpose. This comparison may
consider raw materials acquisition, product, manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal of the product or service;
m. the total long-term cost to the City to acquire the bidder's goods or services; and
n, any relevant criteria specifically listed in this request for bid.
Although the cost of products to be provided is an essential part of the Bid, the City is not obligated to award a
contract on the sole basis of cost.
Brand Names
Whenever in this invitation, any particular materials, process and lor equipment are indicated or specified by
patent, proprietary or brand name, or by name of manufacture, such wording will be deemed to be used for the
purpose of facilitating description of the material, process andlor equipment desired and will be deemed to be
followed by the words "or equal."
Business Practices
Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for
an award.
Cancellation
The City reserves the right to cancel this contract or any portion thereof immediately should supplier's delivery
or service be unsatisfactory or for suppliers failure to comply with terms stated in contract.
Certificatiou
Bids must be complcted and submitted on the form included within the specifications of this bid. Certification
of Bid must be filly completed.
Collusion
Advanced disclosures of any information to any particular bidder which gives that particular bidder any
advantage over any other interested bidder in advance of the opening of bids, whether in rksponse to advcrtising
or an informal request for bids, madc or permitted by a member of the governing body or an employee or
representative thereof, will cause to void all proposals of that particular bid solicitation or request.
Communication
The City shall not be respoi~sible for any verbal communication between any employee of the City and potential
bidder(s). Only written specifications and price quotations will be considered.
Confidentiality
Public agencies in Texas are subject to the Public Information Act.
BidNo. 09-82
Annual Traffic Pavement Striping and Marking Services
Page 3 of 15
Delivery
All prices quoted shall be F.O.B. City of College Station. No freight or delivery charges will be accepted unless
shown on bid.
Electronic Documents
Bidders may be supplied with the original documents in electronic form to aid in the preparation of bid(s). By
accepting these electronic documents, Biddcrs agree not to edit or change the language or format of these
documcnts. Submission of a proposal by Bidder signifies full agreement with this requirement.
Exceptions
The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be
understood that all general and specific conditions will be complied with, without exception.
Extension of Contract
Upon completion of the term of the original contract and upon the mutual agreement of both parties, the original
contract may be renewed for up to two (2) additional one (1) years [three (3) years total]. The renewal will be
under the same terms and conditions as the original contract; provided, however, that the unit prices bid under
the original contract may, by mutual agreement, be increased by no inore than eight percent (8%) of the original
contract price. In the event a new contract cannot be executed at the anniversary date of the original term or
any renewal term, the contract may be renewed month-to-month until a new contract is executed.
Financial Conditinn
Contractor must provide audited financial statements, if requested, to the City.
Fiscal Funding
This contract includes fiscal funding provisions. If, for any reason, funds are not appropriated to continue this
contract, said contract shall become null and void.
Forms
Bid proposals will be submitted on the forms provided by Owner. All figures must be written in ink or
typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initiated in ink by
the person signing the proposal. When discrepancies occur between words and figures, the words shall govern.
Indemnification
The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harmless from
any and all causes of action or claims of damages arising out of or related to bidder's performance under this
contract.
Independent Coiltractor
Nothing in this bid is intended nor shall be construed to create an employer/employee relationship between the
contracting parties.
Interlocal Agreement
Successful bidder agrees to extend prices and terms to all entities who have entered or will enter into joint
purchasing interlocal cooperation agreement(s) with the City of College Station.
Notification
The City of College Station uses multiple channels for the notification and dissemination of all invitations to
bid. Approved methods of dissemination include: City of College Station website or the City of College Station
Bid No. 09-82
Annual Traffic Pavement Striping and Marking Services
Page 4 of 15
Purchasing office. The reccipt of solicitations through any other means may result in the receipt of incomplete
specifications or addenda which could ultimately render your bid non-compliant. City of College Station
accepts no responsibility for the receipt or notifications of solicitations through any other source.
Management
Should there be a change in ownership or management, the contract shall be canceled unless a mutual
agreement is reached with the new owner or manager to continue the contract with its present provisions and
prices. This contract is nontransferable by either party.
No Bid
If unable to bid, please sign and return this form by return mail, advising reason for not submitting quotation.
Payment Terms
Tnvoices must be submitted by the vendor in duplicate to the City of College Station, Accounting Dept., P.O.
Box 9973, College Station, Texas 77842-0973. If invoices are subject to cash discount, discount period to be
taken from the date of completion of order or date of receipt of invoice, whichever occurs last regardless of
whether or not correct discount terms appear on invoice. All invoices to be paid in full within 30 days after
satisfactory delivery and billing unless otherwise specified or mutually agreed upon before orders are placed.
The City will not be liable for payment of invoices received six (6) months after order completion.
Priority of Documents
In the event there are inconsistencies between the general provisions and other bid terms or conditions
contained herein, the latter will take precedence.
Prompt Payment
Discounts for prompt payment offered may be taken into consideration during bid evaluation. Terms of
payment offered will be reflected in the space provided on the bid proposal form. All terms of payment (cash
discounts) will be taken and computed fiom the date of delivery of acceptable material or services, or the date
of receipt of invoice, whichever is later.
Quantities
Quantities indicated in the Bid are estimated based upon the best available information. The City reserves the
right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any
adjustments in the unit prices bid.
Receipt of Bids
Bids must be received by the Purchasing Services Division prior to the time and date specified. The mere fact
that the bid was dispatched will not be considered; the bidder must insure that the bid is actually delivered.
Bids received after that time will be returned unopened to the bidder. Faxed bid responses are not
acceptable. Bids submitted on the City of College Station On-Line Bidding System must be received prior to
the time and date specified. No exceptions for computer or network failures will be allowed. Please give
yourself adequate time to navigate the on-line bidding system and submit on-line bids prior to the due date and
time.
Reimbursements
There is no expressed or implied obligation for the City of College Station to reimburse responding firms for
any expenses incurred in preparing bids in response to this Invitation to Bid and the City of College Station will
not reimburse responding firms for these expenses, nor will the City of College Station pay any subsequent
costs associated with the provision of additional information or presentation, or to procure a contract for these
goods or services.
Bid No. 09-82
Annual Traffic Pavement Striping and Marking Services
Page 5 of 15
Reservations
The City reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any
technicalities for the best interest of the City. The City reserves the right to reject any bid that does not fully
respond to each specified item.
Samples
Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed, shall upon
request be returned at the bidder's expense.
Satisfaction
Acceptance of merchandise, work, or equipment provided shall be made by the City at the sole discretioil of the
City Council. All terms and conditioils of the contract, and specifications must be satisfactorily met; including
the submission to the City of any and all documentation as may be required before award recommendation will
be submitted to City Council.
Severability
The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any
other provision.
Standard Contracts
Should this bid include any of the City's Standard Contracts (Attachment A), all bidders shall be required to
thoroughly read and understand the terms, conditions and provisions in these documents. The successful bidder
shall be responsible for compliance with these terms and conditions. In the event that this bid is awarded to
your company, the cxecuted contract and purchase order subsequently issued will become the official
documents to supply product(s) or services(s) to City. All required Certificates of Insurance and endorsements
will be required before award recommendation is taken to City Council. Any exceptions taken to City's
standard contracts may cause bid to be considered non-responsive.
Tax Exempt
Owner is exempt from State Retail Tax and Federal Excise Tax. The price bid must be net, exclusive of taxes.
Term of Colltract
This contract shall become effective from date of acceptance and approval by the City of College Station. It
shall remain in full force and effect with firm fixed bid prices for a period of twelvc (12) months.
Title and Risk of Loss
Title and Risk of Loss of the goods shall not pass to the City until the City actually accepts and takes possession
of the goods at the point or points of the delivery.
Unit Prices
Prices should be itemized. Unit priccs shall be set to no more than four (4) decimal places. The Owner
rcscrvcs thc right to award by item or by total bid. If there are discrepancies between unit prices and extension,
the unit price will prevail.
Venue
Any resulting contract shall be governed by and construed and enforced in accordance with the laws of the State
of Texas
Bid No. 09-82
Annual Traffic Pavcment Sbipillg and Marking Services
Page 6 of 15
Withdrawal
Bidders may request withdrawal of a-posted sealed proposal prior to the scheduled bid opening time, provided
the request for withdrawal submitted to the Purchasing Agent in writing. Owner reserves the right to reject any
and all bids by reason of this request.
Bid Security
Bidders must submit with their Bids a Cashier's Check or a Certified Check in the amount of five (5%) percent
of the maximum amount of Bid payable without recourse to the City of College Station, Texas, or a bid bond in
the same amount froin a surety company holding permit from the State of Texas to act as a surety, as a
guaranlee that Bidder will enter into a contract and execute bond and guarantee forms within fifteen (15) days
after notice of award of contract. Bids without checks, as stated above, or acceptable bid bond may not be
considered.
Bid Security shall be in effect from the opening of the Bid and will be retained until a Bidder has executed the
Agreement and furnished the required contract security, whereupon the Bid Securily will be returned. A Bidder
may withdraw its Bid at any time until the Agreement is signed. However, it will forfeit its Bid Security in
doing so if no material mistake was made in the Bid.
The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and
furnished the required coiltract security, whereupon the Bid Security will be returned. If the Successful Bidder
fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days
after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be
forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the
award may be retained by Owner until 5 days after the Agreement is executed whereupon Bid Security
furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned
within seven days after the Bid opening.
Contract Security
Paragraph 28 BOND PROVISIONS of the Standard Form of Agreement set forth Owner's requirements as to
performance and payment Bonds. When the Successfiil Bidder delivers the executed Agreement to Owner, it
must be accompanied by the required performance and payment Bonds.
Signing of Agreement
The Successful Bidder shall execute the Contract and provide proof of insurance as detailed in the Standard
Form of Agreement based on Staff recommendation prior to Council action. Within 15 days of Council
approval, all required Bonds shall be delivered to Owner. A fully executed contract will be presented to
Successful Bidder with a City of College Station Purchase Order.
Bid No. 09-82
Annual Traffic Pavement Striping and Marking Sc~iccs
Page 7 of 15
Assembly:
?'he unit(s) shall be completely assembled, adjusted and all equipment including standard and supplemental
equipment installed, and the unit made ready for continuous operation unless otherwise specified in bid
document.
Bid Literature:
Bidders must subinit with their bid, or have on filed the latest printed literature and detailed specifications
on equipment or material the bidder proposes to filrnish. Any catalog, brand name, or manufacturer's
reference used is considered to be descriptive-not restrictive and is indicative of the type and quality the
City desires to purchase.
Damage to Propertv:
Extreme care shall be exercised to avoid damage to buildings, to other structures, and to vehicles parked
within parking structures. The successful bidder shall be responsible for all breakage and damage to
property (real and personal) that may occur as a result or negligence on the part of his personnel in
connection with the prosecution of the work. Under provision of this contract the successful bidder
guarantees that painting operations will not be offensive and will not injure any of the surfaces.
Delivery:
All deliveries are to be made F.O.B. City of College Station, 2613 Texas Avenue S., College Station, Texas
77842, during regular working days, and between the hours of 8:00 A.M. and 4:00 P.M., unless otherwise
requested by the City.
General Req uirements/Respoase Time:
The Contractor shall use only workers experienced in installing and removing pavement markings. The
Contractor and its employees shall abide by all City of College Station safety rules. Safety equipment and
apparel are to be utilized as necded to meet all state and federal requirements.
TIME IS OF THE ESSENCE IN THIS CONTRACT. The Contractor shall respond to job requests within
24 hours. Prior to commencement of work, the Contractor shall provide a completion date for the time
which it shall reach Substantial Completion of the job. Failure to respond to job requests within the
specified time frame and failure to meet Substantial or Final Completion dates will result in damages to the
City in an amount specified in City's Standard Form of Agreement, Item 23.
Inspection:
Successful bidder shall make inspections with a designated College Station representative upon request and
furnish a written plan of action as to how and when correction of discrepancies will be accomplished in
order to eliminate complaints. Unsatisfactory work shall ordinarily be corrected for re-inspection after 24
hours or, based on the magnitude of the task, after a reasonable span of time allowed for correction. The
successful bidders shall have a regular systematic inspection by the supervisor to maximize efficiency at all
times. The City of College Station reserves the right to malce periodic u~lannounced inspections without the
successful bidder being present. If after inspection, problem areas are not corrected within 24 hours or
within a reasonable span of time, and another source must be contacted to make corrections, changes for
such services shall be deducted for failure to perform in keeping with terms ofthis contract.
Bid No. 09-82
Ar~llual TraRic Pavement Striping and Marking Services
Page 8 of 15
Pricing:
Bid prices on specific, immediate cominodity/service requirements shall remain firm for a tninimuin of
ninety (90) days. Annual blanket purchasc order bid prices shall remain firm for a mininun of period of (1)
year, initial contract period.
Quality:
The equipment furnished under these specifications shall be of quality workmanship and material. The
bidder represents that all equipment offered under these specifications shall be new. USED, SHOPWORN,
DEMONSTRATOR, PROTOTYPE, OR DISCOIVTINUED MODELS ARE NOT ACCEPTABLE.
References:
The City of College Station requests bidder to provide on this bid a list of six (6) references (minimum)
where like services are currently being perforined at their firm through contract and have been provided for
a minimu~n of the last twelve months.
Include name of firm, address, telepl~one number and name of representative.
Regulations and Standards:
The unit(s) provide shall meet or exceed all Federal and State of Texas safety, health, lighting and noise
regulations and standards in effect and applicable to equipment furnished at the time of manufacture.
Supervision:
Successfi~l bidder must furnish a Supervisor at each site to oversee work performed at all times during
regular course of service and will be available on call-back, should the services not be performed as
required, without any additional cost to the City of College Station. These persons should be able to speak
fluent English for ease in communication. If the successfi~l bidder cannot respond within one (I) hour and
the City of College Station is required to contract another source, the charges for such services shall be
deducted for failure to perform in keeping with the terms of the contract.
Vendor's Sales Territory:
City waives any responsibility or liability for vendors bidding products or services "outside" their
authorized territory by manufacturer or product line. Any vendor bidding outside an approved manufacturer
line does so at his own risk and discretion. Vendor shall comply with all sales terms according to original
bid and purchase order regardless of claim or dispute with product line representatives.
Warrantv:
Warranty shall bc for both labor and materials for a minimum of one (1) year on any products or services
provided to the City, unless specified and agreed upon otherwise.
Workmanship:
A11 parts not specifically mentioned which are necessary for the unit to be complete and ready for operation
or which are normally furnished as standard equipment by the successful bidder. All parts shall conform in
strength, quality, and workmanship to the accepted standards of the industry.
Variations:
Any variation from thesc specifications must be indicated on the Bid or on a separate attachment to the Bid.
This sheet shall be labeled as such.
Bid No. 09-82
Annual Traffic Pavcmcnt Striping and Marking Services
Page 9 of 15
CmNT RLANKETIANNUA12 CONTRACTS:
;., '1 </?$ 5. ::!.i:?y .
3 .::,~.. , $>,< , $,, ;,,: ,:*-.: >" ;;;., i;.,L ;$,>:. , ., 4. $?:.a ! ;,a :,.%:::..;* , f; ;""
, -..~ + .>-- . .
j9j.r gPj-j;c/j ,';:{. ,.&J.<s.j : ,
3) jC,V/fl ,fliv~f? KjliE L.FI~U($ (979) 36/-2@3 XYL,~',~~N/~@/(~/~/~~A~V?~I&O~ . .
FIRM NAME CONTACT NAME PI'~o~# E-MAIL
4) C.O1 @ [ Pi, /4/3 17~) 2 04- 5/11 OP/c 14 A@%?PYAN~~: Gov
FIRM NAME CONTACT NAME PHONE# E-MAIL A .p~j.2 1~3- @yjn~/f(u,
5, BAA w Y 5i:gfldc?:$- .--n/~{cY ~ALASOTA- 47~-25T-~ 9.1 7% -
liXh!fNAhG CONTACT NAME PHONE# E-MALL
Rid No. 09-82
Annul Traffic Pnvcl~znt Srriping md Marking Services
Page I0 of 15
bidder or to ~n~lltiple bidders.shal1 be fiilnl.
All itemslservices listed bclow will not iiecessarily be utilized during the contract period. Anilual
quan~ities are also estimates. No quantities or seivices arc guaranteed.
ITEM Annunl
# Estirnstes UOM PRICE
17
18
Bid No. 09-82
Annual Trafic ~svemeni~tri~in~ and h.larking Sewices
19
20
2 1
22
2,500
2,500
1,000
4,000
15
15
LF
LF
LF
LF
RA
EA
18" Reflcctorimd Thermo Markings DOT (SLD) Rc-stripe I $ 3- 50
Non-Rcflectorized Curb Markings
Non-Reflectorized Curb w/Words per 15 feet
ADA Handicap Ernblem
ADA Kalldicap Emblem wh3lue Backgound
$ 8 7n ':
C\
$ 8 ?++ d5-~~3
24" Reflectorized Thermo Markings DOT (SLD)
Reflectoyked -= $ 5 00
$ -25'
,So
$ l0.00
$2500
&J
$ 2-SW"
$.?,iauq2
$ 155~~
$ $?re
I@$ 775" SUB-TOTAL - SECTION A: $
ITEM
#
23
24
25
26
27
Bid No. 09-82
Annual Tmllic Pa~emntShipmgand Marking Services
Pnge 12 of 15
QTY
Annual
Esti~riates
20
20
20
20
10
UOM
EA
EA
EA
EA
EA
28
29
3 0 -- --
31
32
33
34
3 5
3 6
37
38
39
40
41
42 ,
43
44
45
46
Eliminate Existing 4" Pavemcrlt Matkings
Eliminate Existing 8" Pavement Markings
Elitninnte Existing 12" Pavement Marlc.&s
Eliminate Existing 18" Pavement Malkillgs
Eliminate Exist~ng 24" Pavenie~it Markings
Pressure Cleaning
Reflectorized liajscd Pavement Markings Type I-A (4")
Ileflectoriwd Raised Pavement Markings Type H-hA (4.')
Reflect~~ized Raised Pavement Markings Type I-C (4")
Reflectorized Raiscd Paveu~elit Markings Type IIC-R (P)
NOD-Reflectorized Raised Pavemellt Markings 4" Round
Ceramic (Y-W)
Refl ectorized 4 ft (length) Words Thern~o
Reflectorized 8 ft (lc~~gth) Words ~lieirno
Reflectorized 6 ft Bikcsyinbols Therrno
Tclnpora~y Marking Tabs
R~moval of Tempora*y Marking Tabs
Bike Laue how (6ft Whitc)
Supply And Install Fire Lane Striping
Reflectorlzed Raised Pavernellt Markings Type I-A (4")
DESCRIPTION
5' 2" lieflecto~ized Thermo Tuull how
9' 10" Reflectorized Tller~ilo Directional Arotv
13' 1 " Rcflcctor~zed Themlo Col~lbination Anow
8' Reflectorized Thern~o Conltination Artow
Reflectonzed Them10 Railroad Crossin g
1,500
1,500
1,500
1,500
1,000
20
1,500
1,500
1000
250
200
20
20
20
2,000
1,500
25
2,000
1,500
$ b&o(>
$ / *$?J
$ 2,ou
$ ‘?b>-~
$ 3, no
( 2"' QY
pp
$, a* ZC!
*J $ 3,
.? $ 3, !:t 0
$ 96 "0
$ / , 2.p" --
$7Q6u~
$ /Z$G~
$ 73% ~9
$ 8 YO
$ iiO
75; 29
$ , SLJ
$ 0 0
LF
I,F
LF
LF
LF
HR
A
EA
EA
EA
EA
EA
EA
EA
Eh
EA
EA
l?A
En
65
,R 1,5d~3
$ '?b&O e&
5, $3,*&! e:
$%,22?2
$yP820p B L
$
$ 3 23-0 Ct'!
$ '8-5rn3 '
9 $ 3 t,&;j
= 6%
$ 7y6
LL~
$ :$ .- - @> +.'
t3
$ jt~&3
$ 2,.5@*.-
$ /,$h
*5J
+c
$ g0.9 L-L
6.
6 $20 ,,-
$ /I 2; 7.
g: ?
,$ l, ~~($3 >'-
s qw $*?+J e$
UNIT
PRICE
$ 70, DL,
$ @L,.. pd
$b52.~
$ ~0,~
TOTAL
PRICE
8: /, @d
$ /, b~o
$ 3a@0012
I;+
$ [&:;Ow.
$275.4~$<7%~
"a
SECTION 3:
SUB-TOTAL - SECTION B: $ / 2, BOB 9
*>
GRAND TOTAL (sections A B]: 3 'a,, 775
DELIVERY DATE: 1
commencemeilt of work.
Bid No. 09-82
Annr~elTrafic Yavcn~nt Striping and ?hrku~gSenrices
Page 13 of 15
F BID
END OF BID #09-82
Bid No. 09-82
Annual Tnmc Pavemenl Striping and hlarking Serviccs
City of College Station
SERVICE CONTRACT
This contract is by and between the City of College Station, a Texas home-rule municipal
corporation (the "City"), and N-Line Traffic Maintenance L.P. (the "Contractor"), for the
following work: a service provided by the Contractor as an independent contractor.
1. In consideration of the compensation stated in paragraph 2, the Contractor shall provide
all the services described in the Scope of Services attached hereto as Exhibit "A" and
incorporated by reference. The express terms of this Contract shall take precedence
and control over any term or provision of the Scope of Services that in any way
conflicts with, differs fi-om, or attempts to alter the terms of this Contract.
2. Except in the event of a duly authorized change order approved by the City as provided in
this Contract, and in consideration of the Contractor's final completion of all work in
conformity with this Contract, the City shall pay the Contractor an amount not to exceed
Eighteen Thousand Seven Hundred Six and 251100 Dollars ($18,706.25). Within seven
(7) calendar days of completion of the work, the Contractor shall submit his application for
payment to the City, and the City shall pay Contractor for the work performed no later than
thirty (30) calendar days from the date of the City's receipt and the City's approval of the
work and the application for payment.
3. No changes shall be made, nor will invoices for changes, alterations, modifications,
deviations, or extra work or services be recognized or paid except upon the prior wrillen
order fi-om authorized personnel of the City. The Contractor shall not execute change
orders on behalf of the City or otherwise alter the financial scope of the Project.
4. 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 2 of this Contract to
more than $50,000.00. 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 Sewices and an increase in the amount listed in
paragraph 2 of this Contract sliall be made and approved by the City prior to the
Contractor providing such sewices or the right to payment for such additional
services shall be waived.
5. Time is of the essence on this Contract. The Contractor shall complete all work
under this Contract by the dates set forth below:
Annual Service Coatruct to expire witlziiz one (1) year of date of nwnrd
6. No "Notice to Proceed" may be given nor any work commenced until this Contract is
fully executed and all exhibits and other attachments are completely filled out and
attached hereto.
7. It is understood and agreed by the parties that the Contractor is an independent
contractor retained for the above-mentioned purpose. The City shall not control the
manner nor the means of the Contractor's performance, but shall be entitled to a work
product as described above. The term "subcontractor" shall mean and include only
those hired by and having a direct contact with Contractor for performance of work
CRC 4/ 16/00
Contract No. 09-266 (B)
on the Project. The City shall have no responsibility to any subcontractor employed
by a Contractor for performance of work on the Project, and all subcontractors shall
look exclusively to the Contractor for any payments due. The City will not be
responsible for reporting or paying employment taxes or other similar levies that may
be required by the United States Internal Revenue Service or other State or Federal
agencies. Every subcontractor shall be bound by the terms and provisions of this
Agreement and the Contract Documents as far as applicable to their work. The
Contractor shall be fully responsible to the City for the acts and omissions of its
subcontractors. Nothing contained herein shall create any contractual or employment
relations between any subcontractor and the City.
8. INITIAL A&B
. The Contractor shall procure and maintain, at its sole cost and expense
for the duration of this Contract, insurance against claims for injuries to
persons or damages to property that may arise konl or in connection
with the performance of the work hereunder by Contractor, its agents,
representatives, volunteers, employees, or subcontractors. Said
insurance shall list College Station, its employees, and officials as
additional named insureds. See Exhibit B for required limits of
insurance. Certificates of insurance evidencing the required insurance
coverages shall be attached hereto as Exhibit C.
It is further agreed that the Contractor (separately and collectively
the "Indemnitee") sliall indemnify, hold harmless, and defend the
City, 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, and
attorney's fees, for injury to or death of any person or for damage
to any property arising out of or in connection wit11 the work done
by the Contractor under this Contract. Such indemnity shall apply
regardless of whether the claims, losses, damages, causes of action,
suits, or liability arise in whole or in part from the negligence of the
City, any other party indemnified hereunder, the Contractor, or
any third party.
9. The Contractor assumes full responsibility for the work to be performed
hereunder and hereby 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 or
death of any person and any loss of or dainage to any property that is caused by,
alleged to be caused by, arising out of, or in connection with the Contractor's
work to be performed hereunder. This release shall apply regardless of whether
said claims, demands, and causes of action are covered in whole or in part by
insurance and regardless of whether such injury, death, loss, or damage was
caused in whole or in part by the negligence of the City, any other party released
hereunder, the Contractor, or any third party.
10. The City is exempt from payment of state and local sales and use of taxes on labor and
materials incorporated into the project. If necessary, it is the Contractor's responsibility
to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable
the Contractor to buy any materials to be incorporated into the project and then resale
CRC 3/ 16/00
Contract No. 09-266 (B)
the aforementioned materials to the City without paying the tax on the materials at the
time of purchase.
11. The Contractor shall comply with all applicable federal, state, and local statutes,
regulations, ordinanccs, and other laws, including but not limited to the Immigration
Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor
or services of an unauthorized alien. The Contractor, not the City, must verify
eligibility for cmployrnent as required by IRCA.
12. At any time, the City may terminate the Project for convenience, in writing. At such
time, the City shall notifjr Contractor, in writing, who shall ceasc 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.
13. No waiver or defcrral by either party of any term or condition of this Contract shall be
deemed or construed to be a waiver or deferral of any other term or condition or
subsequent wavier or deferral of the same term or condition.
14. This Contract may only be amended by written instrument approved and executed by
the parties.
15. This Contract and the rights and obligations contained herein may not be assigned by
the Contractor without the prior written approval of City.
16. The parties hereby state that they have read the terms of this Contract and hereby agree
to the conditions contained herein.
17. This Contract has been made under and shall be governed by the laws of the State of
Texas. The parties agree that perfonnance and all matters related thereto shall be in
Brazos County, Texas.
18. 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.
19. 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
unenforceablc, 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
limitcd.
20. This Contract represents the entire and integrated agreement between the City and
Contractor and supersedes all prior negotiations, representations, or agreements, either
CRC 3/ 16/00
Contract No. 09-266 (B)
written or oral. This Contract may only be amended by written instrument approved
and executed by the parties.
21. This Contract will be effective when signed by the last party whose signing makes the
Contract hlly executed.
N-LINE TRAFFIC MAINTENANCE L.P.
./'-\
Date
of
CITY OF COLLEGE STATION
BY:
City Manager Date
APPROVED:
Date
Chief Financial Officer Date
CnC 3/ 16/00
Contract No. 09-266 (B)
Exhibit A
SCOPE OF SERVICES
CKC 3/ 16/00
Contract No. 09-266 (B)
Paint :
Water-Based Paint- Material Characteristics;
Paints are classified by 'TxDot as Type I1 pavement markings, with material specifications falling under
DMS-8200, WPT-12, and YPT-12 for white and yellow, respectively. The currcnt DMS-8200 specification
specifically calls Rohm-Hass Fast Track HD-21A or Dow DT-400 acrylic emulsion resins. Check with
TxDot materials laboratory for approved formulations, as they are subject to change.
The paint shall have the property of angular reflectivity and shall be suitable as a binding medium for glass
beads placed on the surface of the wet paint in thc amount of not less than 6 pounds per gallon. It shall be
homogeneous and well ground, shall not settle badly and shall be readily broken up with a paddle to a
smooth uniform consistency. It shall be free from water or foreign matter and shall dry within the specified
time to a tough serviceable film. The paint shall be properly strained during the final filling of containers
and not more than 1% of coarse particles and skins shall be retained.
Glass Beads:
Glass beads for use on traffic line paint shall, except for gradation, shall be moisture resistant, clear,
colorless and clean and of such character as to permit their upper surface exposed to permit the refracting
light rays. The glass beads properties shall be manufactured to conforin to DMS-8290. The glass sphere
beads shall have no more than 30% irregularity in shape or fused sheroids per sampling.
Construction Requirements:
Reflectorized pavement markings shall be applied to clean, dry and dirt-free surfaces. The paint shall be
applied at a thickness ranging from 15-25 mils. As a rule of thumb, the optimal speed of a striping truck
applying 15 mil markings is 10-12 mph. The acceptable tolerance for 4" inch lines shall be plus or minus
%". If a "No Passing Zone" is to be established or revised, the City will designate this area at such time as
the contractor begins work. The trace of the paint shall have a uniform edge lines by referencing the center
or lane lines. Removal of the pavement marking by means that will gouge the surface will not be permitted.
However, a plane of the surface by commercial line removal equipment is considered a suitable method
marking removal.
All pavement markings shall be in accordance wilh latest edition of the MUTCD and
FHWA Standard Highway Signs at the time of the biding
Performance Requirements:
All markings and replacement markings shall meet the performance requirements of ASTM D6359 for at
least 30 calendar days (instead of the 14 days identified by the standard) after installation. Because loosely
adhered glass beads are often rcmoved from the marking soon after the markings are open to traffic,
retroreflectivity of the markings will be measured at least 3 days after the markings have been installed to
allow the retroreflectivity of the markings to stabilize.
Unless otherwise directed, pavement markings that fail to mcet the requirements shall be removed and
replaced at the contractor's expense. Replacement of failed lnarltings shall be completed within 30 days of
notification.
Keflectorized Pavement Markings:
Illstalling reflectorized pavement markings shall consist of furnishing and placing "hot applied
thermoplastic", reflectorized paint, pavement ~narltings, including words, arrows stop bars, and emblems, of
color and type in accordance to the specifications and to dimensions at the locations shown on the plans or
as directed.
Marlcings should be applicd during good weather conditions unless otherwise directed. If markings are
placed at the contractor's option when inclement weather is impending and thc markings are damaged by
subsequent precipitation, the contractor is responsible for all costs associated with replacing the marlcings if
required.
Retroreflective Requircments:
Meet the following minimum retroreflcctivity values for edge line markings, center-linelno passing barrier-
line, and lanc lanes when measured anytime after 3 days but not longer than 10 days after application:
Type I Marlcings:
White markings: 250 millicandels per square meter per lux (mcdlm2lx)
Yellow markings: 175 mcdlm2lx
Type I1 Markings:
White markings: 175 mcdlm2lx
Yellow markings: 100 incdlin2lx
Thermoplastic:
Thermoplastic pavement markings shall be placed according to these specifications unless otherwise shown
on the plans.
Sealer for thermoplastic- For asphalt surfaces more than 3 years old or for concrete, apply a pavement sealer
before placing thermoplastic markings on locations that do not have existing marlcings unless other wise
approved. The pavement sealer may be either a paint marking without glass beads or an acrylic or epoxy
sealer unless otherwise shown on the plans. Follow manufacturer's directions for application of acrylic or
epoxy sealers. Place the sealer in the same configuration and color (unless clear) as the thermoplastic
marking unless otherwise shown on the plans.
Thermoplastic markings-Thermoplastic markings shall be placed after the sealer cures and applied within
the temperature limits recornmended by the material manufacturer. If during a spray application, operations
cease for 5 minutes or longer, flush the spray heads by spraying marlcing material into a pan or similar
container until the material being applied is at the recommended temperature.
Equipment Specifications:
The contractor shall use paint application equipment with at least the following miniillurn specifications:
1) Self-propelled
2) Automatic bead dispensing system
3) Electronic line skip measuring controls
4) Independent paint gun carriage adjustment
5) Minimum of two-color 15 gallon paint tanks
6) Adequate traffic safety and warning devices on the unit
7) Provide continuous mixing and agitation of pavement marlcing material
Traffic Control:
All traffic control for construction activities shall meet thc most current version of the Texas Manual of
Traffic Control Devices.
Exhibit B
INSURANCE REQUIREMENTS
During the term of this Agreement Contractor's insurance policies shall mect the following
requirements:
I. Standard Insurance Policies Required:
A. Commercial General Liability
B. Business Automobile Liability
C. Workers' Compensation
11. General Requirements Applicable to All Policies:
A. Only Insurance Carriers licensed and admitted to do business in the State of Texas
will be accepted.
B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only
on a per occurrence basis for properly damage only.
C. "Claims Made" policies are not accepted.
D. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City of College Station.
E Upon request, certified copies of all insurance policies shall bc fi~rnished to the
City of College Station.
F. The City of College Station, its officials, employees and volunteers, are to be
named as "Additional Insured" to the Commercial General and Business
Automobile Liability policies. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officials, employees or
volunteers.
111. Commercial Gcneral Liability
A. General Liability insurance shall be written by a carrier with a "A:VIII" or better
rating in accordance with the current Best Key Rating Guide.
B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage
with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to
be per Pro-ject.
C. Coverage shall be at least as broad as IS0 form GC 00 0 1
D. No coverage shall be excluded from the standard policy without notification of
individual exclusions being attached for review and acceptance.
CKC 3/ 76/00
Contract No. 09-266 (B)
E. The coverage shall include but not be limited to the following:
pl.einises/operations with separate aggregate; independent contracts;
products/completed operations; contractual liability (insuring the indemnity
provided herein) I-Iost Liquor Liability, Personal & Advertising Liability; and
Explosion, Collapse, and Underground coverage.
IV. Business Automobile Liability
A. Business Automobile Liability insurance shall be written by a carrier with a
"A:VIII" or better rating in accordance with the current Best Key Rating Guide.
B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily
injury and property damage.
C. Coverage shall be at least as broad as Insurance Service's Office Number CA 00
01.
D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of
the liability section in Item 2 of the declarations page.
E. The coverage shall include owned autos, leased or rented autos, non-owned autos,
any autos and hired autos.
F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit
of $1,000,000.00.
V. Those policies set forth in Paragraphs I11 and IV shall contain an endorsement naming the
City as Additional Insured and further providing that the Contractor's policies are
primary to any self-insurance or insurance policies procured by the City. The additional
insured endorsement shall be in a form at least as broad as IS0 form GC 2026. Waiver
of subrogation in a form at least as broad as IS0 form 2404 shall be provided in favor of
the City on all policies obtained by the Contractor in conlpliance with the terms of this
Agreement. Contractor shall be responsible for all deductibles which may exist on any
policies obtained in compliance with the terms of this Agreement. All coverage for
subcontractors shall be subject to the requirements stated herein. All Certificates of
Insurance and endorsements shall be hrnished to the City's Representative at the time of
execution of this Agreement, attached hereto as Exhibit C, and approved by the City
before worlc commences.
VI. Workers Compensation Insurance
A. Pursuant to the requirements set forth in Title 28, Section 1 10.110 of the Texas
Ad~ninistrative Code, all employees of the Contractor, all 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 coveragc agreement on an approved Texas Department of Insurance
Division of Workers Colnpensation (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
CRC 3/ 16/00
Contract No. 09-266 (B)
the employees of an independent contractor may not be used.
B. Workers compensation insurance shall include the following terms:
1. Employer's Liability minimum limits of $1,000,000.00 for each
accidentleach disease/each employee are 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 Workers Compensation coverage or
Item 3C must contain the following: All States except those listed in Item
3A and the States of NV, ND, OH, WA, WV, and WY.
C. Pursuant to the explicit terms of Title 28, Section 110.1 10(c) (7) ofthe Texas
Administrative Code, the bid specifications, this Agreement, and all subcontracts
on this Project must include the following terms and conditions in the following
language, 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:
Y. Definitions:
CertiJcate of coverage ("certijicate '7 -An original certijicate of insurance, a
certijkate of authority to self-insure issued by the Division of Workers
Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84),
showing statutory workers' compensation insznance coverage for the person's or
entity's employees providing services on a project, for the dzrration of the project.
Dzrration of the project - includes the timefr.om the beginning of the work on the
project zrntil the Contractor 'sherson 's work on the project has been completed
and accepted by the governmental entity.
Persons providing sewices on the project ("szrbcontractors " in j 406.096 [of the
Texas Labor Code]) - includes all persons or entitiesperformning all or part of the
services the Contractor has undertaken to perfort?? on the project, regardless of
whether that person contracted directly with the Contractor and regardless of
whether that person has ernyloyees. This includes, withozlt linlitation,
independent Contractors, szlbcontractors, leasing conlpanies, nzotor carriers,
owner-operators, en~ployees of any szlch entity, or emnployees of any entity which
Jirrnishes persons to provide services on the project. "Services" inclzrde, withozlt
linzitation, providing, hazrling, or delivering eqzriynlent or nlaterials, or providing
labor, transportation, or other sewice related to a project. "Services" does not
include activities zrnrelated to the project, szlch as food/beverage vendors, ofice
szpply deliveries, and delive~y ofportable toilets.
B. The Contractor shall provide coverage, based on proper reporting of
classiJication codes anclpay~oll anlolrnts andfiling of any coverage agreements,
that nleets the statzrtory requirements of Texas Labor Code, Section 401.01 l(44)
for all ett~ployees of the Contractor providing services on the project, for the
dzrration of the project.
C. The Contractor mzrstprovide a certlfinte of coverage to the governinental entity
CRC 3/ 16/00
Contract No. 09-266 (B)
prior to being awarded the contract.
D. Vthe coverage period shown on the Contractor's current certijicate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certzficate of coverage with the governmental
entity showing that coverage has been extended.
E. The Contractor shall obtainfionl each person providing services on aproject,
andprovide to the governn~ental entity:
(I) a certz3cate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file ceriifcates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven calendar days after receipt by the Contractor, a new
certiJicate of coverage showing extension of coverage, ifthe coverage
period shown on the current certiJicate 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 notzj) the governmental entity in writing by certiJied mail or
personal delivery, within 10 calendar days afier the Contractor knew or should
have known, or any change that material& affects the provision of coverage of
any person providing services on the project.
H. The Contractor shall post on each project site a notice, in the text, form ancl
manner prescribed by the Division of Workers Conzpensation, informing all
persons providing services on the project that they are required to be covered,
and stating how aperson may veriJj, coverage and report lack of coverage.
I; The Contractor shall contractually require eachperson with whom it contracts to
provide services on aproject, to:
(1) provide coverage, based on proper reporting of classiJication codes and
payroll amounts andfiling of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.01 l(44) for all
of its en~ployees 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 certiJicate 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
certificate of coverage showing extension of coverage, if t17e coverage
period shown on the current certiJicate of coverage ends during the
duration of the project;
(4) obtainfionz each other person with whom it contracts, andprovide to the
Contractor:
CRC 3/ 1(;/00
Contract No. 09-266 (B)
(a) A cert~ficate of coverage, prior to the otherperson beginning work
on the project; and
(h) A new certificate of coverage showing extension of coverage, prior
to the end of the coverage perioc?, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
(5) retain all required certz3cates of coverage on file for the duration of the
project and for one year thereaBer;
(6) notrfi the governmental entity in writing by certified mail orpersonal
delively, within I0 calendar dqs after 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) - (d, with the certiJicates of coverage to be
provided to the person for whom they are providing services.
By signing this contract, orproviding, 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
covered by workers' compensation coverage for the duration of the project; that
the coverage will be based on proper reporting of classiJication codes andpayroll
amounts; and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission's Division
of Self=msurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, crinzinalpenalties, civilpenal-
ties, or other civil actions.
K. The Contractor ',s failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the governmental entity to declare the
contract void ifthe Contractor does not remedy the breach within ten calendar
days aper receipt of notice of breach from the governmental entity. "
VII. Certificates of Insurance shall be prepared and executed by the insurance company or its
authorized agent, and shall contain the following provisions and warranties:
A. The company is licensed and admittcd to do business in the State of Texas.
B. The insurance policies provided by the insurance company are underwritten on
forms that have been provided by the Texas State Board of Insurance or ISO.
C. All endorsements and insurance coverages according to requirements and
instructions contained herein.
D. The form ofthe notice of cancellation, termination, or change in coverage
provisions to the City of College Station.
E. Original endorscrnents affecting coverage required by this section shall be furnished
with the certificates of insurance.
CRC 3/ 76/00
Contract No. 09-266 (B)
Exhibit C
CERTIFICATES OF INSURANCE
CRC 3/ 76/00
Contract No. 09-266 (B)
ACOR~@ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDWfW) u
L'RODUCER Phone: 713-880-7100 Fax: 713-880-7166 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BOW^^, ~i~l~tt~ & ~~itt I~~~~~~~~ A~~~~~, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1111 North Loop West, #400 HOLDER. THlS CERTIFICATE DOES NOT AMEND, EXTEND OR
Houston TX 77008
I 1 INSURERS AFFORDING COVERAGE I NAIC # I
INSURED
N-Line Traffic Maintenance
PO Box 4750
Bryan TX 77805
INSuRERRGranite State Ins C.0. .._
lNsURERsNew Hampshire Ins Co
INSURERC:Texas Mutual Ins. Co.
INSURER D: ----
23809
23841
22945_.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE 7nIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
I I I
B
ADD'L
mD
AUTO ONLY - EA ACCIDENT
DEDUCTIBLE
X RETENTION $10, 000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNER/MECUTlVE
OFFICEEMBE EXCLUDED fi
(Mandatory In NH)
If es describe under SBE~IAL PROVlSlONS below
OTHER
ANY AUTO
ALL OWED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON-OWED AWOS
-
$
ANY AUTO
EXCESSIUMBRELLA LIABILITY a OCCUR CLAIMS MADE
I I I I I
DESCRlPllON OF OPERPITIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
When required by written contract, those Parties listed in said contract, including the certificate holder, are added
as an Additional Insured excluding Workers' Compensation and Employers' Liability but limited to the operations of the
Uamed Insured under said contract, and always subject to the policy terms, conditions and exclusions. Waiver of
Subrogation is granted in favor of Certificate Holder when required by written contract but limited to the operations
of the Named Insured under said contract, and always subject to the policy terms, conditions and exclusions.
Continued ...
CERTIFICATE HOLDER CANCELLATIONEXC~D~ 10 days for Non-~ayment
TSF-0001188616
City of College Station
Attn: Risk Management
P.O. Box 9960
College Station TX 77842
1
COMBINED SINGLE LlMlT
(Ea accldenl)
BODILY INJURY
(per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
-~
TKPF OF INSURANCE
- GENERAL - LIABILITY
01-UD-015846020-0
SHOULD ANY OF TllE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTAllVE
$
$
$
S
X
3/1/2009
ACORD 25 (2009101) 0 1988-2009 ACORD CORPORATION. All rights resewed.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER
02-LX-019659666-0
COMMERCIAL GENERAL LIABILITY I CIAIMS MADE OCCUR
X-H.-I n: nno
3/1/2009
POLICY EXPIRATION
DATE IMMlDDWl
3/1/2010
POLICY EFFECTIVE
DATE IMMIDDIYYW)
3/1/2009
GEN'L AGGREGATE LIMIT APPLIES PER:
1 POLICY Ix J'$& LOC
3/1/2010
3/1/2010
. . .-
. . . - . .
x /T%?:?$s~ lo::-
E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
LIMITS
EACHOCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea ooarrrencei
MED EXP (Any one person)
- PEEORSL a ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG
OTHER THAN
AUTO ONLY: AGG
EACHOCCURRENCE
AGGREGATE
$
$
$
6 1,000,000
$ 1, 0 0 0 , 0 0 0
5 1 , 0 0 0 , 0 0 0
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$ 10 0 , 0 0 0
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$ 2 , 0 0 0 , 0 0 0
$ 2 ,.O 0 0 . 0 0 0
-!?EL
$
s 22,,.000, 000
$2,000,000
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
n q.s~d CERTlFlCATE OF LIABILITY INSURANCE DATE (MMIODP(YW)
08/12/2009
".,,,...
'....,, I3
INSURED
N-Line Traffic Maintenance
PO Box 4750
Bryan, TX 77805
ANY PROPRIE 1 1 OFFICEWMEY
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOSWKHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THlS CERTlFlCATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
If yes, desaibe
PRODUCER
Jeff Hamilton Agency, State Farm Insurance
4058 State Highway 6 South, Ste. 100
College Station, Tx 77845
COVERAGES
INSURERS AFFORDING COVERAGE
INSURERAState Farm Mutual Auto Insurance Company 25178
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
I
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Job Description: Northgate Pedestrian Barricades
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
NAlC #
V(SR
LlR
WLlCY EFFECTNE
DATE (MIUDOIYY)
03/01/2009
NOF
WORKERS CC
EMPLOYERS'
IIDD'L
IHGRD
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CERTIFICATE HOLDER CANCELLATION
POUCY EXPIRATION
DATE (MMIDW)
03/01/2010
PRO-
POLICY JECT LOC
NOMOBILE LlABlLrPl
AUTO
City of College Station
PO BOX 9973
College Station, TX 77842
1/06)
117-1406-C01-53
(Per pe-1
BODILY INJURY . . ,
(Per aaldspl) . .,
PROPERfl DAMAGG
(Per accident)
AUTO ONLY - EAACCIDEM
OTHERTHAN EAACC
WOULU ANY OF THE ABOVE DESUWED POU~ES BECP~NC~LED BEFORE ME D(PIRA~
DATE THEREOF. ME ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BW FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESEHTAnVES.
AUTHORLED REPRESENTATWE
Jeff Hamilton, Agent
x ALL n\nwcn btt~nc -
POLICY NUMBER
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GENERALAGGREGATE
PRCWCTS-WrnAGG
COMBINEOSINGLELIMIT
(Ea aeddml)
BODILY INJURY
TYPE OF INSURANCE
GENERAL UABlLlTY
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WC STATU-
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OTH-
ER
October 19, 2009
Consent Agenda Item No. 3k
Request for Release of Lien on 150 Venture Lane
To : Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding a request for
release of lien on 150 Venture Lane currently held by the City.
Summary: Per the provisions of the Economic Development Agreement and Tax Abatement
Agreement between the Bryan/College Station Economic Development Corporation acting
on behalf of the City of College Station and Heat Transfer Research, Inc., entered into on
October 14, 1999, HTRI is requesting a release of lien on a 4.575 acre parcel of land located
at 150 Venture Drive, College Station, TX. The lien was originally placed on the property by
the City to ensure that HTRI successfully completed construction of all contracted facilities
and realized all required performance.
HTRI is in compliance with the aforementioned agreements and has met or exceeded all of
their contract obligations consisting of capital improvement, job creation and gross payroll
increases, and fixtures, furniture and equipment purchases. Performance details of these
criteria are identified below.
Budget & Financial Summary: HTRI's required performance under the various
agreements and their associated compliance includes:
Improvements to Property:
Required: 20,000 sq. ft.
Realized: 22,362 sq. ft.
Capital Investment:
Required: $2,200,000.00
Realized: $2,209,068.51
Furniture, Fixtures and Equipment Improvements:
Required: $900,000.00
Realized: $1,306,245.47
New Positions/Payroll :
Required: Three (3) new full-time(R) positions by 2002; $700,000 gross
payroll increase over 10 years
Realized: Created three (3) new FT positions by 2002; $2,804,735.18
gross payroll increase over 10 years
Attachments:
Attachment 1 - Performance Letter from RVP
Attachment 2 - Release of Lien Document
Septern ber 30, 2009
Mr. C)F(VIC~ GWIII, O~rector
Cconomic & Community Developmcrit
City of Collcgc St~tion
Post Office Box 9960
College Station, lr~xas 77842
RE: Heat Transfer Research, Inc. Request for Release of Lien on Property Located at 150 Venture Drive
Dear David:
Please accept this letter as certificatiorl that I, as an authorized representative and conlpliance officer of
the Research Valley Partnership, have received and reviewed all Heat Transfer Research, Inc.'s {HTRI's)
Statements of ~ompli$nce and certify that HTRI has met or exceeded the performance ~xquiren~ents of
the Ecorlornic Developn~ent Agreement and Tax Abatement Agreement, both entered into on October
13, 1999 by HTRI and the City of College Station and all other provisions therein.
As such, I request that the City of College Station initiate and process the release of the lien held by the
City on HTRl's property located at 150 Venture Drive, College Station, Texas per the provisions of the
previously mentioned Econornic Development Agreement and lax Abatement Agreement.
Sincerely, & &[&,d2&
ob Malaise
Vice President of Economic Dcvelopnient Services
Research Valley Partnership
& A. &4
Nolal-) I'i~bliz. Stntc of I cxas
signed the ti bo1.c
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A
NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY
OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL
PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
RELEASE OF LIEN
Date: ,2009
Note:
Date of Origination: October 14, 1999
Original Amount: ONE HUNDRED THIRTY-SEVEN THOUSAND
TWO HUNDRED FIFTY AND NO1100 DOLLARS
($1 37,250.00)
Maker: HEAT TRANSFER RESEARCH, INC., a Texas corporation
Payee: BRYANICOLLEGE STATION ECONOMIC DEVELOPMENT
CORPORATION acting on behalf of the CITY OF COLLEGE
STATION, TEXAS
Date of Maturity: As provided in said note.
Holder of Note and Lien: BRYANICOLLEGE STATION ECONOMIC DEVELOPMEIVT
CORPORATION acting on behalf of the CITY OF COLLEGE
STATION, TEXAS
Holder's Mailing Address (including county): 1 10 1 Texas Avenue
Brazos County
College Station, Texas 77840
Note and Lien Are Described in the Following Documents, Recorded in:
Economic Development Agreement Between the City of College Station,
BryadCollege Station Economic Development Corporation and Heat Transfer
Research, Inc., dated October 14, 1999, recorded in Volume 3664, Page 291,
Official Records of Brazos County, Texas.
Legal ...g roup(o)/depn~~~r~~entjiles/econo~t~ic develop~t~e~~l/complete/h~ri/re/e~se of lien.doc,r
10/05/2009
Deed of Trust dated November 23, 1999, from Heat Transfer Research, Inc., to
Thomas E. Brymer, Trustee, for BryadCollege Station Economic Development
Corporation acting on behalf of the City of College Station, Texas, recorded in
Volume 3664, Page 308, Official Records of Brazos County, Texas.
Subordination Agreement dated June 8, 2000, executed by Thomas E. Brymer,
City Manager of the City of College Station, Texas, and Robert M. Worley,
PresidentICEO of BryadCollege Station Economic Development Corporation,
recorded in Volume 3842, Page 19 1, Official Records of Brazos County, Texas.
Modification of Subordination Agreement dated May 22, 200 1, executed by Lynn
McIlhaney, Mayor of the City of College Station, Texas, and Joe Horlen,
Chairman of BryadCollege Station Economic Development Corporation,
recorded in Volume 4262, Page 11 5, Official Records of Brazos County, Texas.
Property Subject to Lien (including any improvements):
Being all that certain 4.575 acre tract or parcel of land lying being situated in S.W.
ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County,
Texas, and being a portion of the 9.575 acre tract called Lot One (I), Block Three
(3). of the Amending Plat of The Business Center at College Station as recorded
in Volume 2763, Page 55, of the Official Records of Brazos County, Texas; said
4.575 acre tract or parcel of land being more particularly described by metes and
bounds in Exhibit "A" attached hereto and made a part hereof for all purposes.
Holder of the note acknowledges the fulfillment of lien terms and conditions and hereby
releases the property from the lien.
When the context requires, singular nouns and pronouns include the plural.
ATTEST: CITY OF COLLEGE STATION
CONNIE HOOKS, City Secretary
BY:
BEN WHITE, Mayor
THE STATE OF TEXAS S
0 ACKNOWLEDGEMENT
COUNTY OF BRAZOS S
This instrument was acknowledged before me on the day of ,2009, by
Ben White, as Mayor of the City of College Station, a Texas municipal corporation, on behalf of
said municipality.
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
Notary Public in and for the State of Texas
RETURN ORIGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
Legal ...gr o~rp(o)/depar~t~~en~files/econot~ic developn~en~/icomple~e/h~ri/release oflien.doc,~
1 lI/05/2009
FIELD NOTES
4.575 Acre Tract
Being all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON SURVEY,
Abstract No. 202 in College Station, Brazos County, Texas and being a portion ofthe 9.575 acre tract called Lot
1, Block 3 of the Amending Plat of The Business Center at College Station as recorded in Volume 2763, Page
55 of the Official Records of Brazos County, (O.R.B.C.) and being more particularly described by metes and
bounds as follows:
COMMENCING: at a found 112-inch iron rod marking the west corner of said Lot 1, the southeast corner of
Venture Drive right-of-way (based on a 80' width) as dedicated in the said Amending Plat recorded in Volume
2763, Page 55 (O.R.B.C.), being in the northeast right-of-way line of State Highway No. 6 and being more
particularly described by metes and bounds as follows:
THENCE: along the said southeast line of said Venture Drive right-of-way and the northwest line of said Lot
1, Block 3 for the following three (3) calls:
1) N 42" 09' 3 1 " E for a distance of 3 18.72 feet to a found 112-inch iron marking a Point of Curvature
of a curve to the right;
2) 74.79 feet along said arc of a curve having a central angle of 5" 38' 19", a radius of 760.00 feet, a
tangent of 37.43 feet and a long chord bearingN 44" 58' 41 " Eat a distance of 74.76 feet to a found
112-inch iron rod for Point of Tangency,
3) N 47" 47' 50" E for a distance of 28.89 feet to a 112-inch iron rod set for Point of Beginning,
THENCE: N 47" 47' 50" E continuing along said Venture Drive right-of-way for a distance of 302.89 feet to a
found 112-inch iron rod marking a Point of Curvature of a curve to the left;
THENCE: 29.56 feet along the arc of said curve having a central angle of 2" 00' 58", a radius of 840.00 feet, a
tangent of 14.78 feet and a long chord bearing N 46" 47' 21" E at a distance of 29.56 feet to a found 112-inch
iron rod marking the common most northerly corner of Lots 1 and 2, Block 3 of said Amending Plat;
THENCE: along the common line of said Lots 1 and 2 for a following five (5) calls:
1) S 44" 13' 04" E for a distance of 244.13 to a found 112-inch iron rod,
2) S 18" 40' 00" E for a distance of 200.00 to a found 112-inch iron rod,
3) S 53" 40' 00" E for a distance of 200.00 to a found 112-inch iron rod marking the most easterly
corner of said Lot 1;
4) S 32" 20' 00" W for a distance of 175.00 feet to a found 112-inch iron rod for comer;
5) S 67" 20' 00" W for a distance of 140.32 feet to a 112-inch iron rod set for corner;
THENCE: N 42" 12' 10" W through the interior of said Lot 1 for a distance of 622,57 feet to the POINT OF
BEGINNING and containing 4.575 acres of land, more or less.
I, Michael R. McClure, Registered Professional Surveyor No. 2859 in the State of Texas do certlfy to the best
ofmy knowledge, information and belief and in my professional opinion that this survey is true correct and agrees
with a survey made on the ground under my supervision and that this service substantially conforms to the
standards and specifications for a Texas Society of Professional Surveyors Category 1 A, Condition I1 Survey.
Michael R. McClure, ~.~.~.~.'#2859
These field notes have been duplicated for City Administrative needs.
The survey plat and field notes were prepared on August 3, 1999.
EXHIBIT A
October 19, 2009
Consent Agenda Item No. 3L
Authorization to Disburse Incentive Funding for Texas Institute for
Preclinical Studies (TIPS)
To : Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion authorizing the
payment of an economic development incentive in the total amount of $250,000 to
Texas A&M University's Texas Institute for Preclinical Studies (TIPS).
Recommendation(s): In fulfillment of the City's contractual obligation, staff
recommends approval of the first of five (5) annual payments of $250,000 to Texas
A&M University for performance in 2008-2009.
Summary: On, December 14, 2006 the City Council unanimously approved a
resolution in support of a five (5) year, $1.25 million incentive for the development
of TIPS by Texas A&M University. In return for the City's investment, TIPS was to
- provide an investment of at least $40,000,000 in real and personal property and
construct an 112,000 square foot facility and maintain 12,000 gross square feet of
life science business accelerator offices. Additionally, TIPS committed to coordinate
efforts with the Research Valley Partnership, on behalf of the community, to secure
health sciencellife science emerging technology companies to locate within the main
TIPS building.
NOTE: A dedication ceremonv for this facility has been scheduled for December 3,
2009 at 1:00 p.m.
Budget & Financial Summary: The cost of the City's portion of the total incentive
package provided to TIPS is $1.25 million over the life, five (5) years, of the
agreement. The incentive offering also includes payments from the City of Bryan,
$84,000 annually, and Brazos County, $166,000 annually. Both are also for a five
(5) year period.
The City's 2009 payment of $250,000 is budgeted and will be expended from the
City's Economic Development Fund.
Attachments: None
October 19, 2009
Consent Agenda Item No. 3m
Wickson Creek Special Utility District
/BVSWMA Twin Oaks Landfill Interlocal Agreement
To : Glenn Brown, City Manager
From: IYark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding approval of an
Interlocal Agreement between the Cities of College Station, Bryan, and Wickson Creek
Special Utility District (WCSUD) in the amount of $171,833.00 to extend water service to
the BVSWMA Twin Oaks Landfill in Grimes County and a payment authorization in the
amount of $16,976.00 for easements assigned to WCSUD related to the water service
extension project.
Recommendation(s): Staff recommends approval of the Interlocal Agreement, and
easement payment authorization.
Summary: In order to extend water service to the Twin Oaks Landfill, the Cities must
enter into an interlocal agreement with Wickson Creek Special Utility District (WCSUD) to
provide funding for the District to purchase engineering, labor, equipment and supplies for
the project. Approximately 11,200 feet of 4 inch water line will need to be constructed to
bring service to the Northwest corner of the landfill property. Additionally, the Cities must
make payment to the landowner adjacent to the landfill facility, Mr. Oliver Reinhart, for
construction and waterline easements on his property that will be assigned to WCSUD.
Budget & Financial Summary: Funds for the water service extension are available in the
BVSWMA Capital Improvement Project Fund.
Attachments:
1) Interlocal Agreement
INTERLOCAL AGREEMENT
WICI(S0N CREEK SPECIAL UTILITY DISTFUCT AND
THE CITY OF COLLEGE STATION, TEXAS AND THE CITY OF BRYAN, TEXAS
TWIN OAIB LANDFILL WATER LINE EXTENSION
THIS INTERLOCAL AGREEMENT ( "Agreement"), is made and entered into pursuant
to authority granted in and in compliance with the Interlocal Cooperation Act, Chapter 791,
Texas Government Code (the "Act"), by and between, WICKSON CREEK SPECIAL UTILITY
DISTRICT (hereinafter referred to as "WCSUD") and the CITY OF COLLEGE STATION,
TEXAS, a Texas Home Rule Municipal Corporation (hereinafter referred to as "College
Station") and the CITY OF BRYAN, TEXAS, a Texas Home Rule Municipal Corporation
(hereinafter referred to as "Bryan"). College Station and Bryan may be hereinafter referred to
collectively as the "Cities".
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, allows local governments to contract with each other to
perform functions or services that each party to the contract is authorized to perform
individually; and
WHEREAS, Bryan, College Station and WCSUD each desire to enter into an Interlocal
Agreement for the construction of a water line extension along SH 30 in Grimes County for the
purposes of providing water services to the Twin Oaks Landfill; and
WHEREAS, College Station and Bryan through the an interlocal agreement jointly own
and operate the Twin Oaks Landfill located on State Highway 30, Grimes County, Texas.
WHEREAS, the Twin Oaks Landfill consists of 610 acres jointly owned by College
Station and Bryan as tenants in common, with 214 acres used for solid waste disposal;
WHEREAS, College Station and Bryan need water utilities extended to the Twin Oaks
Landfill;
WHEREAS, WCSUD has submitted a proposal for a water line extension to the proposed
Twin Oaks Landfill along SH 30 in Grimes County. The proposed scope of services is more
particularly described in Exhibit A;
WHEREAS, WSCUD has submitted a proposed preliminary budget for a project titled
Twin Oaks Landfill Water Line Extension in the amount of $171,833.00. The proposed budget is
more particularly described as the Option 1 cost projections in Exhibit B;
WHEREAS, College Station and Bryan have sufficient funds available from current
revenues to fund the project titled Twin Oaks Landfill Water Line Extension;
Page 1 of 11
WHEREAS, WCSUD, College Station and Bryan do not intend, by entering into this
Agreement, to create a joint enterprise with WCSUD or to otherwise share control of the Twin
Oalcs Landfill with WCSUD. The Twin Oaks Landfill is to remain solely owned and controlled
by College Station and Bryan.
NOW THEREFORE, for the mutual consideration stated herein, the parties agree and
understand as follows:
College Station and Bryan do hereby authorize WCSUD to perform the work as
described in Exhibits "A" and "B", for the project titled Twin Oaks Landfill Water Line
Extension, (hereinafter, the "Project") and for payment by College Station and Bryan to WCSUD
in the amount of $22,000 for engineering and surveying costs, and a not to exceed value of
$149,833 for the difference in construction costs between installing an 8" waterline and a 4"
waterline, for a total amount not to exceed $17 1,833.00.
The following establishes the obligations of each Party:
1. WCSUD will:
Contract for preparation of plans and specifications for the water line by a licensed
engneering f&. Most of the surveying has been completed under College Station and
Bryan's direction. However, it will be necessary to supplement that work with some
additional surveying for the crossing of SH 30. That supplemental surveying will be
provided by WCSUD.
On the basis of the plans and specifications, solicit bids from construction contractors for
installation of an alternate 4" and 8" water line. Bids will be evaluated by the engineer
and a recommendation will be made for award to the lowest responsible bidder.
Contract with the successful bidder for construction, employing the design engineer for
contract administration.
Consider providing funding for the difference in the bid amounts for the alternate 4" and
8" line.
Provide potable water service to the landfill at the standard WCSUD rates.
College Station and Bryan will:
Secure an easement in the name of WCSUD from the Reinhart family for the waterline
extension.
Provide initial payment to WCSUD in the amount of $22,000.00 for engineering and
supplemental surveying within ten (1 0) days of execution of this Agreement.
Provide payment to WCSUD for the costs of providing a 4" waterline as per Exhibit "B"
in a total amount not to exceed $149,833.00. Progress payments will be made to
WCSUD within thirty (30) calendar days of the Cities' receipt of a copy of each progress
payment application. Final payment will be made within ten (10) days of the time of the
time of completion and acceptance by WSCUD of the waterline.
Provide an easement in the form approved by and as agreed to by the Cities on the Cities'
Twin Oalcs landfill property adjacent to the Highway 30 frontage road for the purpose of
Page 2 of 11
setting the water meter and to allow future distribution system expailsion as further
described in the Cities' service application on file with WCSUD.
4 Pay monthly for the water provided to the landfill in accordance with standard WCSUD
policy.
2. Project Requirements
WCSUD shall conduct the Project in a manner that does not conflict with site
development projects and daily solid waste disposal operations. The project shall not cause the
facility to be in violation of any Texas Commission on Environmental Quality regulations, or
other regulations, including but not limited to 30 Texas Administrative Code Chapters 330 and
332. WCSUD agrees that the project will comply with all local, state and federal regulations.
No modifications to the scope of services as described in Exhibit A will be made without
prior written consent from College Station and Bryan.
3. Insurance
WCSUD 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
from or in connection with this Project and the work performed hereunder by WCSUD, its
agents, representatives, volunteers, employees, contractors, or subcontractors. College Station
and Bryan acknowledge that WCSUD maintains a program of self insurance as further described
in Exhibit C.
WCSUD shall require that the Contractor's insurance coverage be primary with respect to
WCSUD and the Cities, their officials, employees, and volunteers, and that the Cities are
included as "Additional Insured" on the policies required in the contract between WCSUD and
the Contractor. Any insurance or self-insurance maintained by the Cities, its officials,
employees, or volunteers, shall be considered in excess of the WCSLrD's and Contractor's
insurance and shall not contribute to it. All Certificates of Insurance and endorsements shall
be furnished to both the Cities' and WCSUD's Represeutative and approved by the Cities
and WCSUD before work commences on the Project.
5. Proiect Costs
College Station and Bryan will pay for all actual costs associated with the Project in an
amount not to exceed the Option 1 cost projections described in Exhibit B.
6. Termination
Notwithstanding any provision herein to the contrary, this Agreement is terminable at the
will of either City Council or governing board of the WSCUD for non-appropriation of funds
during any fiscal year during the term hereof,
Page 3 of 11
7. Term.
This Ageement remains in effect until construction of the "Project" is completed, but in
no event for more than two (2) years after the effective date of this Agreement.
8. Governmental Imrnunity and Hold Harmless
College Station, Bryan and WCSUD each individually agree, to the extent
authorized by the Constitution and laws of the State of Texas, and without waiving each
respective party's governmental immunity to hold the other harmless from and against any
and all claims, losses, damages, causes of action, suits, and liabilities of every Itind,
includi~lg all expenses of litigation, court costs, and attorney's fees, for injury or death of
any person, for damage to any property, arising out of or in connection with the work done
under this Agreement.
9. Invalidity
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by
a coui-t or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use
their best efforts to replace the respective provision or provisions of this Agreement with legal
terms and conditions approximating the original intent of the Parties.
10. Written Notice
Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein.
Wicltson Creel: Special Utility District
Kent B. Watson, General Manager
P.O. Box 4756,
Bryan, Texas 77805-4756
The City of College Station
Attn: Pete Caler, BVSWMA Executive Director
P.O. Box 9960
College Station, Texas 77842
City of Bryan, Texas
Attn: Linda Huff, Public Works Director
P.O. Box 1000,
Bryan, Texas 77805
Page 4 of 11
1 1. Entire Agreement
It is understood that this Agreement contains the entire agreement between the Parties
and supersedes any and all prior agreements, arrangements, or understandings between the
Parties relating to the subject matter. No oral undcrstandings, statements, promises or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or
terminated orally. No verbal agreement or conversation with any officer, agent or employee of
College Station, either before or after the execution of this Agreement, shall affect or modify any
of the terms or obligations hereunder.
12. Amendment
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 each Party.
13. Texas Law
This Agreement has been made under and shall be governed by the laws of the State of
Texas.
14. Place of Performance
Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
15. Authority to Enter Contract
Each Party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each Party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby represent
that they have authorization to sign on behalf of their respective organizations.
16. Waiver
Failure of either Party, at any time, to cnforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of this Agreement,
any part hereof, or the right of College Station or Bryan thereafter to enforce each and every
provision hereof. ]\To term of this Agreement shall be deemed waived or breach excused unless
the waiver shall be in writing and signed by the Party claimed to have waived. Furthermore, any
consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other
different or subsequent breach.
Page 5 of 11
17. Force Majeure
Each party will be excused from any breach of this Agreement which is proximately
caused by government regulation, war, strike, act of God, or other similar circumstance normally
deemed outside the control of well-managed businesses.
18. Agreement Read
The Parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
19. Assignment
This Agreement and the rights and obligations contained herein may not be assigned by
any Party without the prior written approval of the other Parties.
20. Multiple Ori~inals
It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
EXECUTED on this the day of ,2009.
WICKSON CREEK SPECIAL UTILITY CITY OF COLLEGE STATION
DISTRICT
By:
Mayor
ATTEST:
City Secretary
APPROVED:
City Manager
Date:
Page 6 of 11
City Attorney
Date:
Chief Financial Officer
Date:
CITY OF BRYAN, TEXAS
Mayor of the City of Bryan, Texas
ATTEST:
City Secretary - City of Bryan
Date:
APPROVED :
City Manager - City of Bryan
Date:
City Attorney - City of Bryan
Date:
STATE OF TEXAS 5
g ACKNOWLEDGMENT
COUNTY OF BRAZOS g
This instrument was acknowledged before me on the 11 dsy of &
by -3 ti) T> ir-f, a , in his capacity as T~tl~r;.{ -$r PC,\< e
Wickson ~rekk Special Utility District, a political subdivision, on its behalf.
I\
~;t&y Public in and for the State of Texas
STATE OF TEXAS 9
$ ACKNOWLEDGMENT
COUlVTY OF BRAZOS 3
This instrument was acknowledged before me on the day of ,2009,
by Ben White, in his 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
STATE OF TEXAS 5
g ACKNOWLEDGMENT
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of ,2009,
by Marlr Conlee, in his capacity as Mayor of the City of Bryan, a Texas home-rule
municipality, on behalf of said municipality.
Notary Public in and for the State of Texas
Page 8 of 11
Exhibit A
TWIN OAIB LANDFILL WATER LINE EXTENSION PROPOSAL
Page 9 of11
EXHIBIT A - 2 pages
WICKSON CREEK SPECIAL UTILITY DISTRICT
P.O. Box 4756
Bryan, Texas 77805-4756
Member Texas Rural Water Association 979-589-3030 Fa: 979-589-3275
wwr~.wicksoncreek.com E-Mail: watson@wicksoncreek.com
June 12,2009
Ms. Samantha Best
Brazos Valley Solid Waste Management Agency
P.O. Box 9960
College Station, Texas 77842
RE: Twin Oaks Landfill Water Line
Dear Ms. Best:
In response to your letter of May 22,2009, this is to present a proposal by Wickson Creek SUD
for a water line extension to the proposed Twin Oaks Landfill aIong.SH 30 in Grimes County. A
preliminary design of the line extension has been completed by our consulting engineers. A
copy of the letter report is attached. We propose that WCSUD provide the line extension under
the following general tenns:
WCSUD will:
Contract for preparation of plans and specifications for the water line by a licensed
engineering firm. Most of the surveying has been completed under BVSWMA's
direction. However, it will be necessary to supplement that work with some additional
surveying for the crossing of SH 30. That supplemental surveying will be provided by
WCSLD.
On the basis of the plans and specifications, solicit bids fi-om construction contractors for
installation of an alternate 4" and 8" water line. Bids will be evaluated by the engineer
and a recommendation will be made for award to the lowest responsible bidder.
Contract with the successful bidder for construction, employing the design engineer for
contract administration.
Consider providing funding for the difference in the bid amounts for the alternate 4" and
8" line.
Provide potable water service to the landfill at the standard WCSUD rates
BVSWMA will:
Secure an easement in the name of WCSUD from the Reinhart family for the waterline
extension.
e Provide initial payment to WCS.LID in the amount of $22,000.00 for engineering and
supplemental surveying.
EXHIBIT A - 2 pages
Ms. Samantha Best
June 12,2009
Page 2 of 2
e Consider approval of the award of the construction contract to the successful bidder and
provide hnding to WCSUD for the amount of the 4" alternate water line in advance of
construction.
Pay monthly for the water provided to the landfill in accordance with standard WCSUD
policy.
We are pleased to be able to offer this proposal to Brazos Valley Solid Waste Management
Agency. Please do not hesitate to call me, or you may prefer to call our Engineer, Mr. Terry
Winn, P.E. (903-553-0500), if you have any questions.
Sincerely yours,
Wicksoil Creek Special Utility District
Kent B. Watson
General Manager
Attachment
pc: Teny Winn, P.E. - WPEC
Exhibit B
TWIN OAIG LANDFILL WATER LINE PRELIMINARY COST ESTIMATE
Page 10 of11
Gr/lr~ol.. .gmr(b(~g/M VJIVMA/ IVickror Wolrr/ Wirkio~~ Wa&rA~ntrm//JJV~I~~L.J-lVirkron Twin Oak WaIrr Ljnr EXI~IIS~OII PC Fi,,aldoc\-
9/14/09
i EXHIBIT B - 5 pages
WINN PROFESSIONAL ENGINEERS
AND
CONSTRUCTORS, LLC I I
I
.I
June 11, 2009
Mr. Kent Watson, General Manager
Wickson Creek Special Utility District
P.O. Box 4756
Bryan, Texas 77805
RE: Twin Oaks Landfill Water Line
Dear Kent:
We have completed our preliminary engineering design for the Wickson Creek Special
Utility District water line to provide service to the Brazos Valley Solld Waste Management
Agency Twin Oaks Landfill along SH 30 in Grimes County. The routing of the water line
has been defined in a survey commissioned by BVSWMA to begin at the 8" water supply
line from Brazos County and be routed along County Road 175 and SH 30 to the
northwest corner of the landfill property, as shown In Figure I.
The landfill requires installation of a 4" water llne for various potable and non-potable
uses. We understand that Wickson Creek SUD desires to consider upgrade of the line
size from 4" to 8" to allow for future customer service in that area. Also, BVSWMA has
requested installation of a fire hydrant Immediately across SH 30 from the metered
service, We recommend Installation of SDR 21 PVC pipe for the llne to allow for
operating pressures that will exceed 100 psig under static conditions. Our preliminary
design of the water line with the two options for line sizing is reflected in the prellminary
cost estimate shown in Table 1. We recommend installing the creek crossings by
directional boring using SDR 26 HDPE casing and restrained joint carrier plpe. Use of
restralned joint carrier pipe is also recommended for the cased road crossings. A 4"
water meter has been requested by BVSWMA. We recommend that the meter be
installed in a concrete vault with a reduced pressure back-flow preventer and sump
pump.
To allow Wickson Creek SUD to further consider upgrade of the line size, we recommend I
that the plans and speclflcations prepared for bidding by contractors Include the 4" line
size as a base bid and the 8" Ilne as an alternate bld, The difference in the base and 1
alternate bid can be used to further establish the cost of the upgrade. 1
EXHIBIT B - 5 pages
Mr. Kent Watson
June 11, 2009
Page 2
We appreciate the opportunity to provide this information, Please do not hesitate to
advise if you have any questions.
Sincerely yours,
Winn Professional Engineers and Constructors, LLC
Texas Firm License No. F-7846
Walter T. m, Jr., P.E.
Principal
W/P~W
Attachments
P:\PR03ECTS\20-W1\Co~~\Landfill Water Llne PER Lb 061009.doc
EXHIBIT B - 5 pages
TABLE 1
TWIN OAKS LANDFILL WATER LINE
PRELIMINARY COST ESTIMATE
Item
Optlon 1 - 4" Water Line:
4" SDR 21 PVC Water Line wl Tracer Wlre
'rle-In to Existing 8" Water Llne
Tie-in to Exlsting 1-1/2" Water Line
4" Gate Valve
2" Gate Valve
1" Air Release Valve
2" Flush Valve
Directional bore wl8" SDR 26 HDPE Encasement for Creek
4" SDR 21 Restralned Jolnt PVC Water Line
2" SDR 21 Restrained Joint PVC Water Line
CR 176 Crossing w/ 4" Steel Casing
SH 30 Crossing wl8 Steel Casing
Fire Hydrant
4" Metered Service wl Vault, Backflow Preventer, Sump Pump
Water Llne Slgn
Tracer Test Station
Clearing for Water Line
Flnish Grading, Seeding and Fertilizing
Trench Safety
Testing and Sterilization
Storm Water Pollution Prevention
Option 2 - 8" Water Llne:
8" SDR 21 PVC Water Llne
Tie-in to Existing 8" Water Line
'Tie-In to Existlng 1-112" Water Line
8" Gate Valve
2" Gate Valve
1" Air Release Valve
4" Flush Valve
Directional bore w112" SDR 26 HDPE Encasement for Creek
8" SDR 21 Restrained Jolnt PVC Water Line
2" SDR 21 Restralned Joint PVC Water Line
CR 175 Crossing w/ 4" Steel Casing
SH 30 Crossing wl 12" Steel Casing
Fire Hydrant
Quantity Unlt Unit Cost ($) Cost ($)
L.F. 6
EA. 1,500
E A, 1,100
EA. 1,000
EA. 800
EA. 1,150
€A. 1,000
L.F. 50
L.F. 12
L,F. 8
L.F. 40
L. F. 75
EA. 1,750
L.S. 20,000
€A. 25
EA. 100
AC . 1,000
AC . 500
L.F. 0.10
L.F. 0.10
L.S. 2,500
Subtotal Constructlon
Contingencies 13,600
Engineering 18,000
Surveying 4,000
TOTAL OP'I'ION 1 171,833
10,530 L.F.
1 EA.
1 EA.
3 E A.
I EA.
3 EA.
2 EA.
300 L.F.
420 L.F.
100 L.F.
60 L.F.
100 L.F.
1 EA.
Walter T. Wlnn, Jr.. P. E. June, 2009
EXHIBIT B - 5 pages
Item Quantity Unit Unit Cost ($) Cost ($)
4" Metered Service wl Vault, Backflow Preventer, Sump Pump
Water Line Slgn
Tracer Test Station
Clearing for Water Line
Finish Grading, Seedlng and Fertillzlng
Trench Safety
Testing and Sterilization
Storm Water Pollution Prevention
L.S.
EA.
EA.
AC.
AC.
L.F.
L.F.
L.S.
Subtotal Construction 195,813
Contingencies 19,600
Engineering 20,000
Surveying 4,000
TOTAL OPTION 2 239,413
Walter T. Wlnn, Jr., P. E. June, 2009
EXHIBIT l3 - 5 pages
5M Padm
P.D. 80x1727
~mgrlex. T-r 71~6 TWIN OAKS LANDFILL FIGURE
WWN PROFESSIONUENGINEERS F.WI.SII-OSH WICKSON CREEK SUD
mnr.*hnpec.rrm
WATER LINE
AN0
CDNSIRUCTORS. LLC nm 1f.7~
Exhibit C
INSURANCE
Page 11 of 11
Entity Name . . . . . Wickson Creek SUD
Entity ID . . . . . . 3284
Contract Type / ID . . LIAB / 10 10-01-08 to 10-01-09
LIABILITY DECLARATIONS OF COVERAGE
GENERAL- LIABILITY
Limits of Liability : $ 1,000,000 Each Occurrence
Sudden Events
Involving Pollution : $ 1,000,000 Each Occurrence
: $ 2,000,000 Annual Aggregate
Deductible : $ 0 Each Occurrence
Annual contribution : $ 2,290 Effective : 10-01-08
Billable Contribution : $ 2,290 Anniversary: 10-01-09
LAW -ENFORCEMENT LIABILITY
* * * * Coverage Not Selected * * * *
ERRORS & OMISSIONS LIABILITY
Limits of Liability : $ 1,000,000 Each Wrongful Act
: $ 2,000,000 Annual Aggregate
Deductible : $ 1,000 Deductible Each Wrongful Act
Annual Contribution : $ 1,152 Effective : 10-01-08
Billable Contribution : $ 1,152 Anniversary: 10-01-09
TOTAL CONTRIBUTION
Total Billable Contribution : $ 3,442 Contract Effective : 10-01-08
Contract Anniversary: 10-01-09
Coverage is continuous until cancelled. Contributions are subject to
adjustment each year on the anniversary date based on updated exposure
information and changes in rating.
Texas Municipal League Intergovernmental Risk Pool
CHELGRE 6-25-08 16:05:50
October 19, 2009
Consent Agenda Item No. 3n
BVSWMA Twin Oaks Landfill/Mid-South Synergy Service, Construction and
Easement Applications/Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding approval of
Service, Construction and Defined Corporate Easement Application/Agreements between the
Cities of College Station, Bryan, and Mid-South Synergy in the total amount of $54,142.54
to connect electric service to the BVSWMA Twin Oaks Landfill in Grimes County.
Recommendation(s): Staff recommends approval of the Service, Construction and
Defined -Corporate Electric Line Easement Applications/ Agreement.
Summary: In order to establish electric service to the Twin Oaks Landfill, the Cities must
enter into Service, Construction and Defined-Corporate Easement Applications/Agreement
with Mid-South Synergy. The service and construction applications are for three (3) areas in
the facility, one from the edge of the Twin Oaks property to the transformer for the scale
house, and two from a Mid-South Synergy transmission easement that crosses the property
to transformers for the maintenance building and leachate collection sump pumps. Mid-
South Synergy will install electrical service in these areas in conduit that has been installed
by the Landfill construction contractor, and will be responsible for maintenance up to the
transformers. The costs for connection/membership fees, surveys and installations are as
foIlows:
Membership fee = $75.00
Scale House (connect fee for new construction of service = $125, survey fee = $200,
construction costs/deposit = $11,066.27)
Sump Pump (connect fee for new construction of service = $125, survey fee = $200,
construction costs/deposit = $30,503.49
Maintenance Building (connect fee for new construction of service = $125, survey fee =
$200, construction costs/deposit = $ 11,522.78)
The Defined-corporate electric line easement and right-of way will allow Mid-South Synergy
access to install and maintain the service connection infrastructure between the edge of
property and/or the existing transmission easement to the transformers. Each easement will
be sixteen (16) feet wide.
Budget & Financial Summary: Funds for the Service, Construction and Defined-
Corporate Easement Agreements are available in the BVSWMA Capital Improvement Project
Fund.
Attachments:
1) Mid-South Synergy Service and Construction Applications:
a. Fill Sector I Sump Pump Connection
b. Maintenance Building Connection
c. Scale House Connection
2) Defined-Corporate Electric Line Easement and Right-of Way
MID-SOUTH SYNERGY
MID-SOUTH ELECTRIC
COOPERATIVE ASSOCIATION
ELECTRIC LINE EASEMENT
AND RIGHT-OF-WAY
(Defined-Corporate)
Service to TWIN OAKS LANDFILL
Ticket # 13145
STATE OF TEXAS
COUNTY OF GRIMES
DATE: ,20p
GRANTORS: CITY OF BRYAN
BRAZOS COUNTY, TEXAS
CITY OF COLLEGE STATION
BRAZOS COUNTY, TEXAS (address including county)
GRANTEE: MID-SOUTH ELECTRIC COOPERATIVE ASSOCIATION, dba MID-SOUTH SYNERGY
P. 0. Box 970
Navasota, Grimes County, Texas 77868 (return recorded easement to this address)
CONSIDERATION: The provision of electrical service and/or other benefits inuring to GRANTORS and/or TEN AND NO11 00'5 DOLLARS
($1 0.00) and other good and valuable consideration, the receipt and sufficiency of which consideration is deemed valuable to GRANTORS
and is hereby expressly acknowledged and accepted by GRANTORS.
EASEMENT: The EASEMENT is a tract of land (consisting of I.759 acres, more or Iess) out of the JOSEPH T. ROBINSON Survey, A#X0,
Grimes County, Texas, more particularly described in the attached Exhibit "A", consisting of a field note description andlor plat, incorporated
herein for all purposes. (attach field note description and plat as Exhibit "A"). The EASEMENT herein granted shall be 16 feet wide and
shall extend in all directions of GRANTEE'S lines, poles, guys, anchors, or other faciIities on the tract of land described above. The
EASEMENT shall include the use of so much of the subsurface below and air space above as is needed for the PURPOSE herein stated. This
EASEMENT shall also include such portions of adjoining property owned by Grantor as is necessary for the PURPOSE stated below.
. PROJECT: Electric transmission and/or electric distribution line or lines, consisting of a variable number and sizes of wires, cables, poles,
towers, and circuits, and all necessary or desirable appurtenances, appliances, facilities and equipment (including but not limited to
supporting structures, insulators, transformers, guy wires, anchorages and other facilities whether made of wood, metal, or other
materials).
GRANT: GRANTORS, for the CONSIDERATION received by GRANTORS, hereby GRANT, SELL, and CONVEY to GRANTEE an EASEMENT
appurtenant and Right-of-way in, upon, and across the tract of land described herein, together with all and singular the rights and
appurtenances thereto in any wise belonging, TO HAVE AND HOLD the EASEMENT to GRANTEE and GRANTEE'S successors and assigns
forever. GRANTORS also grant to GRANTEE the right and authority to license, permit, or otherwise agree to the joint use or occupancy of
the line, system, or facilities by any person or entity for electrification, telephone, telegraph, television, data transmission, or other similar
purposes.
PURPOSE: The EASEMENT, right-of-way, rights, and privileges herein granted shall be used for the purpose of providing electric utility
service, constructing, placing, operating, maintaining, reconstructing, replacing, relocating, reconstituting, changing the size or nature of,
rebuilding, upgrading, removing, inspecting, patrolling, and/or repairing the PROJECT or any part of the PROJECT, and making connections
therewith, and to undertake the same for any of the other joint uses authorized herein. The PURPOSE shall also include use of the
EASEMENT, right-of-way, rights, and privileges granted herein for any use directly related to the PROJECT or financing of the PROJECT,
including but not limited to performing archeological, historical, environmental, or other studies. GRANTEE shall have the right to place
temporary poles, towers, anchorages, guys, and supporting structures for use in erecting or repairing the PROJECT. GRANTEE shall have the
right to use such portion of the property along and adjacent to the EASEMENT and right-of-way as may be reasonably necessary in
connection with the PURPOSE stated, or any one or more of them relating to the PROJECT, or any part thereof.
ACCESS: GRANTEE shall have the right of pedestrian, equipment, and vehicular ingress and egress at all times upon and across the
EASEMENT for the above stated PURPOSE and any joint use. GRANTEE shall also have the right of ingress and egress over existing roads
across the adjacent or remainder property of GRANTORS for the purpose of obtaining access. In the event that access is not reasonably
available over existing roads, GRANTEE shall have the right of reasonable ingress and egress over the adjacent property of GRANTORS
along any route that is reasonable and appropriate under the circumstances then existing in order to obtain access. GRANTEE shall have
the right to use such portion of the property along and adjacent to the EASEMENT and right-of-way as may be reasonably necessary in
connection with the construction, reconstruction, repair, or other PURPOSE relating to the PROJECT, or any part thereof.
TERM: The EASEMENT and access rights granted herein, as well as the covenants made herein, shall be perpetual and appurtenant to the
land, unless abandoned by the GRANTEE for a period of 10 consecutive years.
TREESISHRUBS: GRANTEE shall have the right to cut, trim, chemically treat with herbicides, and/or remove trees, shrubs, bushes, brush
and vegetation within or adjacent to the EASEMENT or otherwise necessary to realize the PURPOSE herein stated. Reasonable Notice shall
be given in advance of the use of herbicides and GRANTORS may remove vegetation prior to treatment with herbicides, if desired.
STRUCTURESIOBSTRUCTIONS: GRANTORS shall not construct or locate on the EASEMENT any structure, obstruction, or improvement.
GRANTEE shall have the right to remove from the EASEMENT any structure, improvement, or obstruction, and Grantors agree to pay
GRANTEE the reasonable cost of such removal, including court costs and attorney's fees incurred by GRANTEE should suit be brought to
enforce this provision. This provision shall be a covenant running with the land for the benefit of GRANTEE.
DAMAGES: It is understood and agreed that the CONSIDERATION received by GRANTORS includes adequate compensation for all damages
for the initial construction and all operation and maintenance of the project as well as all damages, if any, to GRANTOR'S property which
may occur in the future after the original construction of the PROJECT, directly resulting from GRANTEE'S exercise of any rights for the
PURPOSE granted. GRANTEE shall not be liable for damages caused by keeping the EASEMENT clear of trees, undergrowth, brush, and
obstructions.
MINERALS: GRANTORS expressly reserves all oil, gas, and other minerals owned by GRANTORS, in on, and under the EASEMENT, provided
that GRANTORS shall not be permitted to, and shall not allow any party to, drill or excavate for minerals on or from the surface of the
EASEMENT, but GRANTORS may extract oil, gas, or other minerals from and under the EASEMENT by directional drilling or other means
which do not interfere with or disturb GRANTEE'S use of the EASEMENT or any part thereof.
OWNERSHIP: GRANTORS agree that all poles, wires, cables, circuits, appurtenances, facilities, appliances, and equipment installed upon
the EASEMENT shall at all times remain the property of the GRANTEE and is removable at the option of the GRANTEE.
ASSIGNMENT AND MISCELLANEOUS: This instrument, and the terms and conditions contained herein, shall inure to the benefit of and
be binding upon GRANTORS and GRANTEE, and their respective heirs, personal representatives, successors, and assigns. When the context
requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE includes the employees, contractors, and
authorized agents of GRANTEE.
WARRANTY: GRANTORS WARRANT AND SHALL FOREVER DEFEND the EASEMENT to GRANTEE against anyone lawfully claiming or to
claim the EASEMENT or any part thereof when the claim is by, through or under GRANTORS but not otherwise..
Recording Information:
(GRANTOR'S Name)
By:
(name)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this day of
, 20-, by (name),
(title) of
(Grantor), on
behalf of Grantor.
Notary Public, State of Texas
(GRANTOR'S Name)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this day of
. 20-, by (name),
(title) of
(Grantor), on
behalf of Grantor.
EXHIBIT "A"
EASEMENT No. 1
BVSWMA
0.297 OF AN ACRE
16 FOOT WIDE ELECTRICAL EASEMENT
OVER AND ACROSS
THE ClTY OF COLLEGE STATION. TEXAS
AND THE CITY OF BRYAN, TEXAS
3.26 ACRE TRACT-VOLUME 11 07, PAGE 440
4.72 ACRE TRACT-VOLUME 11 33, PAGE 1
AND THE 10.00 ACRE TRACT-VOLUME 1133, PAGE 1
JOSEPH T. ROBINSON SURVEY, A490
GRIMES COUNTY, TEXAS
AUGUST 17,2009
All that certain lot, tract or parcel of land being 0.297 of one acre, and being a 16 foot wide Electrical Easement
out of the JOSEPH T. ROBINSON SURVEY, ABSTRACT NUMBER 390, Grimes County, Texas, and being out of
the following described tracts; A 3.26 acre tract (called Tract 21), as described in a deed from Paul 1. Levy to The
City of Bryan, Texas, and The City of College Station, Texas of record in Volume 11 07, Page 440 of the Real
Properly Records of Grimes County, Texas, a 4.72 acre tract (Called Tract 22), and a 10.00 acre tract (Called
Tract 18), as described in a deed from Harold B. Trant and Rosealice Trant to The City of College Station, Texas
and The City of Bryan, Texas of record in Volume 1133, Page 1, Real Properly Records of Grimes, County,
Texas, said 0.297 acre easement being more particularly by metes and bounds as fol[ows:
BEGINNING, at a point in the West line of sald Tract 22, said point also being in located in the East line of the R.
P. Trant remalnder of called 60 acre tract, as described in Volume 190, Page 483, from which a 1X inch iron rod
found at the Northwest comer of said Tract 22 bears, N 03' 18' W W, a distance of 684.97 feet;
THENCE, N 79' 06' 42" E, crossing the East line of said 4.72 acre Tract 22 and the West line of said 10.00 acre
Tract 2, a dlstance of 444.57 feet, to a point, for comer;
THENCE, S 88' 35' 45' E, a dlstance of 64.83 feet, to a point, for corner, from which a 1X inch iron rod with cap
found for the Northeast comer of said Tract 18 bears, N 37' 34' 20' E, a distance of 567.37 feet;
THENCE, S 03' 24' 15' W, a distance of 16.00 feet, to a point, for comer;
THENCE, N 86' 35' 45' W, a distance of 62.83 feet, to a point, for corner;
THENCE, S 79' 06' 42' W, crosslng the West line of said 10.00 acre Tract 18 and the East line of said 4.72 acre
Tract 22, a dlstance of 428.55 feet, to a point, for corner;
THENCE, S 03' 18' 44" E, crossing the South line of said 4.72 acre Tract 22 and the North line of said 326 acre
Tract 21, a dlstance of 300.28 feet, to a point, for comer;
THENCE, S 86' 41' 16" W, a distance of 16.00 feet, to a point in the West line of said 3,26 acre Tract 21, for
comer;
THENCE, N 03' 18' 44' W, along the West line of said 3.26 acre Tract 21 and the West line of said 4.72 acre
Tract 22 a distance of 314.29 feet, to the PLACE OF BEGINNING and containing an area of 0.297of an acre of
land, more or less, according to a survey performed on the ground in August, 2009, under the supervision of H.
Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation Is based on rotating the
West line of said 4.72 acre Tract 22 to Grid North by utilin GPS methods. h
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EXHIBIT "A"
EASEMENT No. 2
BVSWMA
1.462 ACRES
16 FOOT WIDE ELECTRICAL EASEMENT
OVER AND ACROSS
THE CITY OF COLLEGE STATION, TEXAS
AND THE CITY OF BRYAN, TEXhS
65.44 ACRE TRACT-VOLUME 1133, PAGE 1
53.82 ACRE TRACT-VOLUME 1133, PAGE 1
17.82 ACRE TRACT-VOLUME 1145, PAGE 765
20.00 ACRE TRACT, VOLUME 1133, PAGE 1
14.71 ACRE TRACT-VOLUME 1133, PAGE 1
28.65 ACRE TRACT-VOLUME 1133, PAGE 1
20.29 ACRE TRACT.VOLUME 1088, PAGE nl
JOSEPH T. ROBINSON SURVEY, A390
GRIMES COUNTY, TEXAS
AUGUST 17,2009
All that certain lot, tract or parcel of land being 1.462 acres, and being a 16 foot wide El&.cal Easement out of
the JOSEPH T. ROBINSON SURVEY. ABSTRACT NUMBER 390, Grimes County, Texas, and being out of the
following described tracts; A 17.82 acre tract (called Tract 3), as described in a deed from Mary Harriet Lott
Travilla, aka Mary Travilla to The City of College Station, Texas and The City of Bryan, Texas, of record in Volume
1145, Page 765, Real Property Records of Grimes County, Texas, a 65.44 acre tract (called Tract I), a 53.82 acre
(called Tract 2), a 20.00 acre (called Tract IS), a 14.71 acre (called Tract 13), a 28.65 acre (called Tract 14), of
record in Volume 1133, Page 1 of the Real Property Records of Grimes County, Texas, and a 20.29 acre (called
Tract 1 I), as described in a deed from Coiby G. Muth to The City of Bryan, Texas, and The City of College
Station, Texas, of record in Volume 1088, Page 271 of the Real Property Records of Grimes County, Texas, said
1.462 acre easement being more particularly by metes and bounds as follows:
BEGINNING, at a point, for the Southwest comer, from which a 'X inch iron rod with cap found at the Southeast
comer of said Tract 14, also being the Northeast corner of said 14.71 acre Tract 13, and being in the West line of
said 20.29 acre Tract 11 bears, S 10' 14' 51' W a distance of 182.90 feet;
THENCE, N 82' 35' 12' W a distance of 16.00 feet, to a point for corner;
THENCE, N 07' 24' 48' E a distance of 12.41 feet, to a point for corner;
THENCE, N 81' 25' 51' W crossing the West line of said Tract 11 and the East line of said Tract 14, a distance of
70.62 feet, to the P.C. of a curve to the left, for comer;
THENCE, with said curve to the left, having a radius of 142.26 feet, an arc length of 103.71 feet, and a chord of S
77' 40' 58' W a distance of 101.43 feet, to the P.T. of said curve, for comer;
THENCE, along the Southeast and East line of this 16 foot wide Electrical Easement the following calls:
S 56' 47' 47' W, a distance of 415.66 feet, to a point for comer;
S 36' 24' 23" E, a distance of 11.37 feet, to a point for corner;
S 53' 35' 37' W, a distance of 16.00 feet, to a polnt for comer;
N 36' 24' 23" W, a distance of 12.29 feet, to a point for comer;
S 57' 01' 12' W, a distance of 11 58.17 feet, to a point for corner;
S 52' 08' 09' W, a distance of 89.35 feet, to a point for comer; .
S 54' 47' 44' W, a distance of 208.37 feet, to a point for corner;
S 56' 21' 44' W, a distance of 120.77 feet, to a point for comer;
S 61' 12' 11' W, a distance of 77.27 feet, to a point for corner;
S 55' 38' 22' W, a distance of 32.97 feet, to a point for comer;
S SO' 31' 14' W, a distance of 44.04 feet, to a point for comer;
S 56' 43' 23' W, a distance of 97.73 feet, to a point for comer;
S 58' 04' 1s' W, a distance of 97.05 feet, to a point for comer;
S 46' 53' 01' W, a distance of 100.39 feet, to a point for corner;
S 54' 57' 09' W, a distance of 33.59 feet, to a point for corner;
S 17' 16' 05' W, a distance of 28.56 feet, to a point for corner;
S 06' 03' 47' E, a distance of 57.52 feet, to a point for comer,
S 28' 03' 1 I' E, a distance of 33.94 feet, to a point for comer;
S 16' 40' 12" E, a distance of 93.22 feet, to a point for comer;
S 12' 18' 54" E, a distance of 91.91 feet, to a point for comer;
S 01' 05' 41" E, a distance of 37.49 feet, to point for comer,
S 37' 06' 29' W, a distance of 31.76 feet, to a point for comer;
S 47' 53' 35" W. a distance of 76.13 feet, to a point for comer;
S 39' 14' 24" W, a distance of 56.38 feet, to a point for comer;
S 62' 51' 15" W, a distance of 77.26 feet, to a point for comer;
S 69' 53' 22" W, a distance of 155.87 feet, to a point for corner;
S 14' 15' 05" E, a distance of 149.57 feet, to a point for comer; and,
S 77' 04' 5YW, a distance of 383.36 feet, to a point for the most Southerly comer;
THENCE, N 17' 39' 06' W, a distance of 16.05 feet, to a point, for a Northwesterly comer, from which a W inch
iron rod with cap found, at the Northwest corner of said Tract 1 bears, N 16' 08' 47" W, a distance of 1168.70 feet;
THENCE, along the Northwest and West lines of this 16 foot wide Electrical Easement, as follows,
N 77' 04' 53" E, a distance of 368.31, to a point for comer;
N 14' 15' 05" W, a distance of 147.64 feet, to a point for comer;
N 69' 53' 22' E, a distance of 169.33 feet, to a point for comer;
N 62' 51' 15' E, a distance of 72.93 feet, to a point for comer;
N 39' 14' 24" E, a distance of 54.25 feet, to a polnt for comer,
N 47' 53' 35" E, a distance of 75.83 feet, to a point for comer;
N 37' 06' 29" E, a distance of 24.71 feet, to a point for comer;
N 01 ' 05' 41" W, a distance of 30.38 feet, to a point for comer;
N 12' 18' 54'W, a distance of 89.73feet, to a point for comer;
N 16' 40' 12' W, a distance of 91.02 feet, to a point for comer;
N 28' 03' 11' W, a distance of 35.45 feet, to a point for comer;
N 06' 03' 47' W, a distance of 63.93 feet, to a point for comer;
N 17' 06' 05" E, a distance of 37.33 feet, to a point for comer;
N 54' 57' 09" E, a distance of 37.92 feet, to a point for comer;
N 46' 53' 01' E, a distance of 100.83 feet, to a point for comer;
N 58' 04' 19' E, a distance of 98.43feet, to a pdnt for comer;
N 56' 43' 23" E, a distance of 96.68 feet, to a point for comer;
N 50' 31' 14" E, a distance of 43.88 feet, to a point for comer;
N 55' 38' 22" E. a distance of 34.46 feet, to a point for comer;
N 61' 12' 11' E, a distance of 77.37 feet, to a pdnt for comer and,
N 56' 21' 24' E, a distance of 119.87 feet, to a point for comer;
N 54' 47' 44' E, a distance of 207.78 feet, to a point for comer;
N 52' 08' 09" E, a distance of 89.66 feet, to a pdnt for comer;
N 57' 01' 12' E, a distance of 11 66.37 feet, to a point for comer;
N 56' 47' 47' E, a distance of 424.05 feet, to the P.C. of a curve to the right;
THENCE, with said cum to the right, having a radius of 158.26 feet, an arc distance of 115.43 feet, and a chord
of N 77' 40' 24' E, a distance of 112.89 feet, to the P.T. of said curve;
THENCE, S 81' 25' 51" E, a distance of 86.30 feet, to a point for comer;
THENCE, S 07' 24' 48" W, a distance of 28.09 feet, ta the PLACE OF BEGINNING and containing an area of
1.462 awes of land, more or less, according to a survey performed on the ground in August, 2009, under the
supervision of H. Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is
based on rotating the West line of said 65.44 acre Tract 1 to Grid North by utilizing GPS methods.
NOTES:
North Orlentatlon Is based on rotatlng the West llne of
Tract 1 (65.44 acre tract) to Grld North by utlllzlng GPS
methods.
Iron rods are not set at Easement corners.
Distances are ground distances. TRACT 2
63.82 Ac.
t
1133/1
J0983;I f 4 ;f09lr\lBdr\l Ml !/A Y
1
SCALE: 1" = 100'
VOLUME tl33, PACE 1
1.462 ACRES EXHIBIT "B"
EASEMENT NO. 2 BVS WMA
1.462 ACRES
16' WIDE ELECTRICAL EASEMENT
TRACT I
65.44 AC. OVER AND ACROSS
1133~ THE CITY OF COLLEGE STATION, TW
AND THE ClTY OF BRYAN, TMAS
65.44 ACRE TRACT-VOLUME 1133, PAGE 1
1/2 INCH IRON ROD 53.82 ACRE TRACT-VOLUME 1133, PAGE 1
FOUND WITH CAP AT THE
NORMWEST CORNER OF
17.82 ACRE TRACTWOLUME 1145, PAGE 765
TRACT 1 BEARS,
S 16'08'47' E 1168.70'
20.00 ACRE TRACT-VOLUME 1133, PAGE 1
14A ACRE TRACT-VOLUME 1133, PAGE 1
28.65 ACRE TRACT-VOLUME 1133, PAGE 1
20.29 ACRE TRACT=VOLUME 1088, PAGE 277
I, H. Curtls Strong. Registered Professlonol Land Surveyor JOSEPH T. ROBINSON SURVEY A-390
No. 4961, do hereby certlfy that thls Plat represents an CXfMES CC)UNT/, TEXAS
on the ground survey, and Is true and correct to the
best of my knowledge. AUGUST l7,2009
SHEET 1 OF 4
TRACT II
20.29 Ac.
1088/271
CURVE TABLE
CURVE 1 WUS 1 ARC LPIGlH I CHORD WGlH I CHORD BWNG I DELTA 4NGI.E
Cl I 14228' 1 103.71' 1 101.43' I S 740'58' W 1 41'48'22' cz I I!BZO' I tls.4~ I I in.ee' I N 740'24- E 1 41.47'~'
SCALE: 1" = 100'
E UIY OF COllECE STATION, TWAS
112 INCH IRON ROD
FOUND WITH CAP, THE THE CITY OF BRYAN, l€XAS,
VOLUME 1133, PAGE 1
mEMT CORNER OF
TRACT 14
MIDSOUTH ELECTRIC COOPERATIVE ASSOCIATION, D/B/A MID-SOUTH SYNERGY
ELECTRIC SERVICE AGREEMENT
Customer Name and Mailine Address: Customer's Status:
Cityof College Station, Texas Corporation
City of Bryan, Texas 1 F! Individual :crShip
PO Box 9960
College Station, Texas 77842 Type of Service:
Service Location
BVSWMA Twin oaks Landfill 1201240 Volts
ump Pump #I3145 Three-Phase 1201208
2401480 Volts
derson, Texas 77830
Other:
Customer hereby makes application and agrees to purchase electric service from Mid-South Electric Cooperative Association
(the "Cooperative") upon the following terms and conditions:
1. Service. Cooperative agrccs to use reasonable diligence to provide electrical utility service (including but not limited
to the supply of electric energy) to Customer's service location at a particular point where electric energy first leaves the
line or equipment owned by Cooperative and enters Customer's service entrance conductors. When electric energy
becomes available, Customer will purchase all elecMc energy required to be used at the Service Location from the
Cooperative and use elcctric energy exclusiveiy for the operation of Customer's equipment The Cooperative may limit
the amount of electric energy to be furnished as indicated above and in the Service Rules and Regulations contained in the
Cooperative's Tariff. Customer understands that the voltage and frequency of electric energy provided may vary within
the standards set forth in the Service Rules and Regulations. Nothing contained herein shall prohibit Customer from
using electric energy generated by renewable energy sources (e.g. solar) in Customer's wholly-owned generating facilities.
2. Pavment Customer agrees to pay for electric service at the rates and upon the terms and conditions set forth in the Rate
Schedule of the Tariff assigned to Customer's service, which Schedule and Tariff are incorporated herein by reference.
Any future change in the rate made by the Cooperative for all similarly classified service shall be applicable from and
after the effective date of such change. Cooperative will issue periodically a statement for services rendered to Customer.
Customer agrees to pay the total amount shown on such statement within sixteen (16) days from the date of issue.
Payment may be made at any office of the Cooperative. Customer grants to Cooperative a security interest in any
patronage due Customer to secure Payment
3. Minimum Monthlv Charge. The minimum charge for each billing period (approximately 30 days) shall be (1) the demand
charge or (2) $ 41 .15 I, whichever is greater.
4. Term. The acceptance of this instrument by the Cooperative shall constitute an agreement between the Customer and the
Cooperative and shall continue in force and effect for so long as Customer receives electric service from the Cooperative,
and may be terminated by Customer upon written notice to the Cooperative and by Cooperative in accordancc with the
Cooperative's Service Rules and Regulations.
5. Contribution in Aid of Construction. Customer shall make a contribution in aid of construction to Cooperative in the
amount $1 30,503 -49 1 and no refund shall ever be due the party making the contribution except as may be
provided in theservice Rules and Regulations of the Cooperative.
6. Prepa~ment for Line Extension. Prepayment for line extension may be required before the Cooperative begins
construction of facilities or provides electric service.
7. Customer's Installation. Customer warrants that his or her installation at the Service Location (including all conductors,
switches, equipment, wiring, and protective devices of any kind or character) is constructed in accordance with the
MID-SOUTH SYNERGY TARTFF ATTACHMENT
National Electrical Safety Code of American Standards Association, as well as applicable laws or ordinances, and that the
Customer's installation will be maintained in a manner to conform to those standards.
8. Easement and Right of Access. Customer agrees to grant or to secure for Cooperative, at Customer's expense, necessary
easements and rights-of-way on property owned or controlled by Customer and to provide suitable space on such premises
for installation of facilities where such rights-of-way and space are necessary to provide electric service to Customer.
Cooperative's representatives, employees, and assigns are hereby granted right of ingress and egress to Customer's
premises at all reasonable times for the purpose of inspecting facilities, providing service, and carrying out the provisions
hereof. ,'
9. Continuity of Service. Cooperative shall use reasonable diligence under standard utility practices to provide constant and
adequate electric sewice. Cooperative will not be liable, however, if' electric power, or servlce should fail or be interrupted,
or become defective, or be reduced through act of God, governmental authority, action of the elements, public enemy,
accident, strikes, labor trouble, maintenance, repair or upgrading work, or any cause beyond the reasonable control of the
Cooperative.
10. Meter Tam~erina. In the event the Cooperative reasonably determines that its meter or equipment has been tampered
with or bypassed, the Cooperative may disconnect service andlor estimate electric energy consumed. Customer shall he
liable for payment of any bill or statement issued as a result thereof in accordance with the Cooperative's tariffs.
11. Ereach/Disannection of Sewice. Notwithstanding any provisions of this agreement. Cooperative may disconnect service
if Customer fails to timely pay for electric service or otherwise breaches this agreement or any applicable provision of the
Tariff, after notice in accordance with the Cooperative's Service Rules and Regulations.
12. Disclaimer of Warranties. COOPERATIVE MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE
PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
13. Notice. All notices required to be given under the terms and provisions of this agreement may be given by mailing to the
other party by United States mail addressed to such other party at the address above. The notice shall bear the date of its
mailing, and shall be effective on and after such date.
14. Waiver. No waiver, expressed or implied, to any breach of any one or more of the covenants or ageements hereof shall be
deemed to he a waiver of any subsequent breach.
15. .Assimment. Customer may not assign this agreement. This agreement shall inure to the benefit of cooperative's assigns.
16. Law Cdvernin~;: This agreement shall be construed and governed in accordance with the laws of the State of Texas and
venue for any suit shall be in Grimes County, Texas.
17. Additional Terms. The electric service contracted for herein is to be provided and taken in accordance with the
provisions of this agreement for electric service, the Bylaws of the Cooperative, and the Cooperative's Service Rules and
Regulations contained in the Cooperative's Tariff, and any amendments thereto. THE TAmF IS MADE A PART OF
THIS AGRBEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN. A copy of the Tariff may be
inspected at any office of the Cooperative,
18. Entire Ameement This agreement constitutes the entire agreement between the parties and supersedes all prior
agreements between Customer and Cooperative for the service herein described, and Cooperative, its agents and
employees, have made no representations, promises, or made any inducements, written or verbal, wbich are not contained
herein. Customer agrees that Customer is not relying on any statements not contained herein.
19. Effective DateLModification. Notwithstanding anything to the contrary contained herein, this agreement shall not become
effective and is not binding until accepted by the Cooperative. No modification or alteration hereof shall be binding on
either party unless reduced to writing and signed by the parties hereto.
MID-SOUTH ELECTRIC COOPERATIVE ASSOCIATION CUSTOMER:
By:
Manager or Authorized Employee
B~: see attached si-turz page
Property Ownernenant
MID-SOUTH SYNERGY TARIFF ATTACHMENT E-mail
PLEASE COMPLETE
(For Commercial Customers Only)
Company Name: BVsWMA - Twin oaks mdfill
Billing Address: po BOX 9960
College Station, Texas 77842
Service Address: 2690 SH30
Anderson, Texas 77830
Owner of Company: N/A
Owner's Social Security #: NjA
Owner's Drivers License #: N/A D.O. B.: N/A
Primary Contact Person: Bvm Landfill mqer (979 ) 764-3m
Secondary Contact Person: wmnlrp 19719 j 764 - 2~42
Emergency Outage Phone #: (979 ) 764-3600
Company's Tax Identification Number: zee attached Tax ID Certificates
Has the company ever had an account with Mid-South Synergy before? -
If yes, under what name?
** IF THIS ACCOUNT QUALIFIES TO BE TAX EXEMPT PLEASE
PROVIDE MID- SOUTH WITH AN EXEMPTION FORM*"
'
For Mid-South Synergy use only: Initiated by: Account #:
01-339 (Back)
(Rev. 12-0214)
TEXAS SALES AND USE TAX EXEMP'SION CER'TIFICAPION
City, Stale, ZIP code
Bryan, TX 77805
Name of purchaser, firm or agency
City of Bryan
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
PO BOX 1000
I Seller:
Phone (Area code and number)
979-209-5500
1 Street address: City, State, ZIP code:
1 Description of items to be purchased or on the attached order or invoice:
AnyIAll Purchases
Purchaser clalms this exemption for the following reason:
The City of Bryan is a municipality and as such claims an exemption from payment of taxes under Chapter 20, Title
122A Revised Civil Statutes of Texas
Tax m #I-74-6000441
I understand that I will be llable for payment of sales or use taxes which may become due for failure to comply with the provisions of the
Tax Code: Limited Sales, Excise, and Use Tax Act; Municipal Sales and Use Tax Act; Sales and Use Taxes for Special Purpose Taxing
Authorities; County Sales and Use Tax Act; County Health Services Sales and Use Tax; The Texas Health and Safety Code; Special
Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population
of 125,000 or less.
I understand that it is a criminal offense to give an exemption cerfificate to the seller for taxable items that I know. at the time ofpurchase,
will be used in a manner other than that expressed in this certificate and, depending on the amount of tax evaded, the offensemay range
from a Class C misdemeanor to a felony of the second degree.
NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax "Exemption Numbers" or 'Tax Exempt" Numbers do not exist.
Purchaser
This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts.
Title
Purchasing Manager
TEXAS SALES AND USE TAX EXEMPTION CERf IFlCAfION
I Name of putchaser, firm or agency
City of College Station
NOTE: Thls cerlfficate cannot be issued for the purchase, lease, or rental of a motor vehide.
THIS CERTIFICATE DOES NOT REQUIREA NUMBER TO BE VALID.
Sales and UseTax "Exemption Numbers" or "Tax Exempt" Numbers do not exist,
Address (Street (L number, P.O. Box or Route number)
1101 TEXAS AVENUE (P.O. BOX 9960)
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Seller:
Street address: City, State, ZIP code:
Descn'ption of items to be purchased or on the attached order or invoice:
,
Malntenance, repair, operating, and other miscellaneous supplies and services for Governmental purposes.
Purchaser daims this exemption for the following reason:
Munlclpaltty #768900534
I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
I understand that it is a chminaloffense to give an exemption certiticate to the seller fortaxable items that t know, at the time ofpurchase,
will be usedin a manner other than that expressedin this m~flcate, anddepending on the amount of tax evaded, the ohnse may range
fm a Class C misdemeanor lo a felony of the
A. n,
Thie ror)ifir+ta chn~alr) h- h.rnieh=wl 1n +ha eennnlinr nn nnt cond tho onmnlatnrl ~ar)lfir~ta +n +ha Pnrnntrnllsr nC D.rhlir Arrnlnnte
Phone (Area code and number)
979-764-3555
Title
Assistant Director of Fiscal Services
Qty, mte. ZIP code
College Station, TX 77840 (77842)
Date
01 I01 I09
August 4,2009
B.V.S.W.M.A.
Attn: Samantha Best
Re: B.V.S.W.M.A. Twin Oaks Landfill Sump Pump
# 13145
Dear Ms. Best;
In response to your request for a new service, Mid-South Synergy requires the payment of the
Estimated Cost in aid of Construction (CIAC) and a Commercial Deposit:
Construction Cost for new sump pump service $30,103.49
Tax Amount $2,031.99
Customer Cost in aid of Construction $32,135.48
Commercial Deposit (#305397-02) $400.00
Payment required before start of construction $32,535.48
Commercial Customers are required to pay 100% of the Cost In Aid of Construction (CIAC).
Customers shall be entitled to receive a refund of up to three times the Net revenue received by
MSS from the usage of electricity by the Customer or 25% of the CIAC for the line extension,
whichever is less; PROVIDED that the customer meets the following obligations:
1. The customer must maintain continuous electric service from the cooperative for a
minimum period of one year after completion of the line extension and installation of
the permanent meter.
2. The customer is not delinquent in the payment of any Cooperative billing during the
one year period.
Commercial customers must pay a deposit equal to 116" of the estimated usage at the point of
service. The estimated usage is based off the customers stated load and hours of operation. A
commercial customer can also submit a 12 month usage history for similarly sized establishment.
This proposal will only be valid for 90 calendar days. Once easements are agreed upon and
payment has been received then the construction drawings will then be turned over to the
Operations Department. Should you have any questions or need further information, please do
not hesitate to contact me at (936) 825-51 12 or e-mail me at ehulsev@midsouthsvnerav.com.
Sincerely,
Ed Hulsey, Developer Coordinator
Mid-South Synergy
CITY OF COLLEGE STATION
By:
Mayor
Date:
ATTEST:
City Secretary
Date:
APPROVED :
City Manager
Date:
City Attorney
Date:
Chief Financial Officer
Date:
CITY OF BRYAN
By;
Mayor
Date:
ATTEST:
City Secretary
Date:
APPROVED :
City Manager
Date:
City Attorney
Date:
-
Chief Financial Officer
Date:
Account/Certificate No. I
MID-SOUTH ELECTRIC COOPERATIVE ASSOCIATION, D/B/A MID-SOUTH SYNERGY
ELECTRIC SERVICE AGREEMENT
Customer Name and Mailing Address:
City of Bryan, Texas
Service Location
BVSWMA Win Oaks Landfill
Maintenance Building #326062
derson, Texas 77830
Customer's Status:
CO;~;~:;II R partnership
Other
Type of Service:
1201240 Volts
1201208
2401480 VoIts
Other:
Customer hereby makes application and agrees to purchase electric service from Mid-South Electric Cooperative Association
(the YCooperative'') upon the following terms and conditions:
1. Service. Cooperative agrees to use reasonable diligence to provide electrical utility service (including but not limited
to the supply of electric energy) to Customer's service location at a particular point where electric energy first leaves the
line or equipment owned by Cooperative and enters Customer's service entrance conductors. When electric energy
becomes available, Customer will purchase all electric energy required to be used at the Service Location from the
Cooperative and use electric energy exclusively for the operation of Customer's equipment The Cooperative may limit
the amount of electric energy to be furnished as indicated above and in the Service Rules and Regulations containedin the
Cooperative's Tariff. Customer understands that the voltage and frequency of electric energy provided may vary within
the standards set forth in the Service Rules and Regulations. Nothing contained herein shall prohibit Customer from
using electric energy generated by renewable energy sources (e.g. solar) in Customer's wholly-owned generating facilities.
2. Pavment. Customer agrecs to pay for clectric service at the rates and upon the terms and conditions set forth in the Rate
Schedule of the Tariff assigned to Customer's senice, which Schedule and Tariff are incorporated herein by reference.
Any future change in the rate made by the Cooperative for all similarly classified service shall be applicable from and
after the effective date of such change. Cooperative will issue periodically a statement for services rendered to Customer.
Customer agrees to pay the total amount shown on such statement within sixteen (16) days from the date of issue.
Paymcnt may be made at any office of the Cooperative. Customer grants to Cooperative a security interest in any
patronage due Customer to secure Payment.
3. Minimum Monthlv Cbame. The minimum charge for each billing period (approximately 30 days) shall be (1) the demand
chargeor (2) $ 41.15 , whichever is greater.
4. Term. The acceptance of this instrument by the Cooperative shall constitute an agreement behveen the Customer and the
Cooperative and shall continue in force and effect for so long as Customer receives electric service from the Cooperative,
and may be terminated by Customer upon written notice to the Cooperative and by Cooperative in accordance with the
Cooperative's Service Rules and Regulations.
5. Contribution in Aid of Construction, Customer shall make a contribution in aid of constructionto Cooperative in the
amount S-1 and no refund shall ever be due the party making the contribution except as may he
provided in the ervice RuIes and Regulations of the Cooperative.
6. Preaavment for Line Extension. Prepayment for line extension may be required before the Cooperative begins
construction of facilities or provides electric service.
7. Customer's Installation. Customer warrants that his or her installation at the Service Location (including all conductors,
switches, equipment, wiring, and protective devices of any kind or character) is constructed in accordance with the
MID-SOUTH SYNERGY TARIFF ATTACHMENT
National Electrical Safety Code of American Standards Association, as well as applicable laws or ordinances, and that the
Customer's instauation will be maintained in a manner to conforn~ to those standards.
8. Easement and Rieht of Access. Customer agrees to grant or to secure for Cooperative, at Customer's expense, necessary
easements and rights-of-way on property owned or controlled by Customer and to provide suitable space on such premises
for installation of facilities where such rights-of-way and space are necessary to provide electric service to Customer.
Cooperative's representatives, employees, and assigns are hereby granted right of ingress and egress to Customer's
premises at all reasonable times for the purpose of inspecting facilities, providing senice, and carrying out the provisions
hereof. <
9. Continuity of Service. Cooperative shaU use reasonable diligence under standard utility practices to provide constant and
adequate electric service. Cooperative will not be liable, however, if e1ech.i~ power or service should fail or be interrupted,
or become defective, or be reduced through act of God, governmental authority, action of the elements, public enemy,
accident, strikes, labor trouble, maintenance, repair or upgrading work, or any cause beyond the reasonable control of the
Cooperative.
10. Meter Tam~erina In the event the Cooperative reasonably determines that its meter or equipn~ent has been tampered
with or bypassed, the Cooperative may ~~scoM~CI service and/or estimate electric energy consumed. Customer shaU be
liable for payment of any bill or statement issued as a result thereof in accordance with the Cooperative's tariffs.
11. Breachmisconnection of Service. Notwithstanding any provisions of this agreement. Cooperative may disconnect service
if Customer fails to timely pay for electric service or otherwise breaches this agreement or any applicable provision of the
'I'ariiT, after notice in accordance with the Cooperative's Service Rules and Regulations.
12. Disclaimer of Warranties. COOPERATIVE MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO TILE
PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILlTY OR FITNESS FOR A
PARTICULAR PURPOSE.
13. Notice. All notices required to be given under the terms and provisions of this agreement may be given by mailing to the
other party by United States mail addressed to such other party at the address above. The notice shall bear the date of its
mailing, and shall be effective on and after such date.
14. Waiver. No waiver, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shaU be
deemed to be a waiver of any subsequent breach.
15. Assimment. Customer may not assign this agreement. This agreement shall inure to the benefit of Cooperative's assigns.
16. Law Governins This agreement shall be consbed and governed in accordance with the laws of the State of Texas and
venue for any suit shall be in Grimes County, Texas.
17. Additional Terms. The electric service contracted for herein is to be provided and taken in accordance with the
provisions of this agreement for electric service, the Bylaws of the Cooperalive, and the Cooperative's Service Rules and
Regulations contained in the Cooperative's TariE, and any amendments thereto. THE TARUT IS MADE A PART OF
TIUS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREJN. A copy of the Tariff may be
inspected at any office of the Cooperative.
18. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes dl prior
agreements between Customer and Cooperative for the service herein described, and Cooperative, its agents and
employees, have made no representations, promises, or made any inducements, written or verbal, which are not contained
herein. Customer ages that Customer is not relying on any statements not contained herein.
19. Effective DateLModification. Notwithstanding anything to the contrary contained herein, this agreement shall not become
effective and is not binding until accepted by the Cooperative. No modification or alteration hereof shall be binding on
either party unless reduced to writing and signed by the parties hereto.
MID-SOUTH ELECTRIC COOPERATIVE ASSOCIATION CUSTOMER:
By:
Manager or Authorized Employee
B~: see attached sicjgature page -
Property Ownermenant
MID-SOUTH SYNERGY TARIFF ATTACHMENT E-mail
PLEASE COMPLETE
(For Commercial Customers Only)
Company Name: BVSW - Win Oaks Landfill
Billing Address: m BOX 9960
College Station, Texas 77842
Service Address: 2690 SH30
Anderson, Texas 77830
Owner of Company: N/A
Owner's Social Security #: N/A
Owner's Drivers License #: N/A D.O. B.: N/A
Primary Contact Person: BvsWMA Landfill Manager ( 979 764-3878-
Secondary Contact Person: --mi snr ! 979 1 764 - 3~32
Emergency Outage Phone #: (979) 764-3600
Company's Tax Identification Number: sx attached Tax ID Certificates
Has the company ever had an account with Mid-South Synergy before? NO
If yes, under what name?
** IF TIIIS ACCOUNT QUALIFIES TO BE TAX EXEMPT PLEASE
PROVIDE MID- SOUTH WITH AN EXEMPTION FORM* *
1 For MidSouth Synergy use only: Initiated by:
'
Account #:
01-339 (Back)
(Rev. 12-02/41
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Name of purchaser, firm or agency
City of Bryan
Seller: I
Address [Street & number, P.O. Box orRoute number)
PO BOX 1000
Street address: City, State, ZIP code: I
Phone [Area code andnumber)
979-209-5500
1 Description of items to be purchased or on the attached order or invoice:
City, Slate. ZIP code
Bryan, TX 77805
AnyIAll Purchases
Purchaser claims this exemption for the following reason:
The City of Bryan is a municipality and as such claims an exemption from payment of taxes under Chapter 20, Title
122A Revised Civil Statutes of Texas
Tax ID #I-74-6000441
I understand that I will be liable for payment of sales pr use taxes which may become due for failure to comply with the provisions of the
Tax Code: Limited Sales, Excise, and Use Tax Act; Municipal Sales and Use Tax Act; Salesand Use Taxes for Special Purpose Taxing
Authorities; County Sales and Use Tax Act; County Health Services Sales and Use Tax; The Texas Health and Safety Code; Special
Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population
of 125,000 or less.
I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time ofpurchase,
wiil be used in a manner otherthan that expressedin this certificate and, depending on the amount of taxevaded, the offense may range
fmm a Class C misdemeanor to a feiony of the second degree.
NOTE: This certlticate cannot be issued for the purchase, lease, or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist.
I
This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts.
Date Purchaser Trtle
Purchasing Manager
! a - 01-338 (ad&) @*- (Rev. 90716)
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Name of purchaser, finn or agency
City of College Station
I Seller:
Address (Slrem & number, P.O. Box or Roufe number)
1101 TEXAS AVENUE (P.O. BOX 9960)
Street address: City, State, ZIP code:
Phone (Area code and number)
979-764-3555
Description of items to be purchased or on the altached order or Invoice:
Maintenance, repair, operating, and other miscellaneous supplies and services for Governmental purposes.
City. State, ZIP code
College Station, TX 77840 (77842)
Purchaser claims this exemption for the following reason:
Munlclpallty #74-6000534
I understand that I will be liablefor payment of all state and local sales or use mes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
I undersfand that if isa criminal offense to give an exemption cedifieate to the seller fortaxable items fhaf I know, at the time ofpurchase.
will be usedin a manner otherthan that expressed in this certificate, and depending on the amount of tax evaded, the o&nse may range
from a Chss C misdemeanor to a felony of the semndpgee.
NOTE: Thls cerlificate cannot be issued for the purchase, lease, or rental of a motor vehide.
THlS CERTIFICATE DOES NOTREQUlREA NUMBER TO BE VALID.
Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist.
A. n , /
Thi- corliGm+a ehnttlrl hs hvmichorl tn thn rmannlior nn nnb rand bhn enrnnlatorl rnrlXretn +n tha Pnmntmll-r nf Dn.hlir brcn,,n+r
TM
Assistant Director of Fiscal Sewices
Dale
01/01/09
L>
August 4,2009
B.V.S.W.M.A.
Attn: Samantha Best
Re: B.V.S.W.M.A. Twin Oaks Landfill Maintenance Barn
# 326062
Dear Ms. Best;
In response to your request for a new service, Mid-South Synergy requires the payment of the
Estimated Cost in aid of Construction (CIAC) and a Commercial Deposit:
Construction Cost for new maintenance barn service $9,822.78
Tax Amount $663.04
Customer Cost in aid of Construction $1 0,485.82
Commercial Deposit W300797-01) $1,700.00
Payment required before start of construction $1 2,185.82
Commercial Customers are required to pay 100% of the Cost In Aid of Construction (CIAC).
Customers shall be entitled to receive a refund of up to three times the Net revenue received by
MSS from the usage of electricity by the Customer or 25% of the CIAC for the line extension,
whichever is less; PROVIDED that the customer meets the following obligations:
1. The customer must maintain continuous electric service from the cooperative for a
minimum period of one year after completion of the line extension and installation of
the permanent meter.
2. The customer is not delinquent in the payment of any Cooperative billing during the
one year period.
Commercial customers must pay a deposit equal to 116" of the estimated usage at the point of
se~lce. 'The estimated usage is based off the customers stated load and hours of operation. A
commercial customer can also submit a 12 month usage history for similarly sized establishment.
This proposal will only be valid for 90 calendar days. Once easements are agreed upon and
payment has been received then the construction drawings will then be turned over to the
Operations Department. Should you have any questions or need further information, please do
not hesitate to contact me at (936) 025-51 12 or e-mail me at ehuIsev@midsouthsvner~v.com.
Sincerely,
Ed Hulsey, Developer Coordinator
Mid-South Synergy
CITY OF COLLEGE STATION
.-
Mayor
Date:
ATTEST:
City Secretary
Date:
APPROVED:
City Manager
Date:
city ~%omey
Date:
Chief Financial Officer
Date:
CITY OF BRYAN
By:
Mayor
Date:
City Secretary
Date:
APPROVED:
City Manager
Date:
City Attorney
Date:
Chief Financial Officer
Date:
Account/Certificate No. I
MID-SOUTH ELECTRIC COOPERATI.VE ASSOCIATION, D/B/A MID-SOUTH SYNERGY
ELECTRTC SERVICE AGREEMENT
Customer Name and Mailing ~d&ess: Customer's Status:
of College Station, Texas
of Bryan, Texas
kllcqc St-ttic;;l, T-2 I Type of Service:
Service Location
Scale House if500823
2690 SH30
Anderson, mas 77830
SingIe-Phase 1201240 Volts
-'I Three-Phase 1201208
I
2401480 Volts
Customer hereby makes application ind agrees to purchase electric service from MidSouth Electric Cooperative Association
(the "Cooperative") upon the following terms and conditions:
1. Service. Cooperative agree to use reasonable diligence to provide electrical utility service (including but not limited
to the supply of electric energy) to Customer's service location at a particular point where electric energy first leaves the
line or equipment owned by Cooperative and enters Customer's service entrance conductors. When electric energy
becomes available, Customer will purchase all electric energy required to be used at the Semce Location from the
Cooperative and use electric energy exclusively for the operation of Customer's equipment. The Cooperative may limit
the amount of electric energy to be furnished as indicated above and in the Service Rules and Rcgulntions contained in the
Cooperative's Tariff. Customer understands that the voltage and frequency of electric energy provided may vary within
the standards set forth in the Service Rules and Regulations. Nothing contained herein shall prohibit Customer from
using electric energy generated by renewable energy sources (e.g. solar) in Customer's wholly-owned generating facilities.
2. Pavment. Customer agrees to pay for electric service at the rates and upon the terms and conditions set forth in the Rate
Schedule of the Tariff assigned to Customer's service, which Schedule and Tariff are incorporated herein by reference.
Any future change in the rate made by the Cooperative for all similarly classified service shall be applicable from and
after the effective date of such change. Cooperative will issue periodically a statement for services rendered to Customer.
Customer agrees to pay the total amount shown on such statement within sixteen (16) days from the date of issue.
Payment may be made at any office of the Cooperative. Customer grants to Cooperative a security interest in any
patronage due Customer to secure Payment.
3. Minimum Monthly Charge. ~he'minimum charge for each billing period (approximately 30 days) shall be (1) the demand
charge or (2) $ 1 41 - 15 1, whichever is greater.
4. Term. The acceptance of this instrument by the Cooperative shall constitute an agreement between the Customer and the
Cooperative and shall continue in force and effect for so long as Customer receives electric service from the Cooperative,
and may be terminated by Customer upon written notice to the Cooperative and by Cooperative in accordance with the
Cooperative's Service Rules and Regulations.
5. Contribution in Aid of Construction. Customer s11aU make a contribution in aid of construction to Cooperative in the
amount $1 11 ,066.27 1 and no refund shall ever be due the party making the contribution except as may he
provided in the Service Rules and Regulations of the Cooperative.
6. ~re~avment for Line Extension. Prepayment for line extension may be required before the Cooperative begins
coostruction of facilities or provides electric service.
7. Customer's Installation. Customer warrants thnt his or her installation at the Service Location (including all conductors,
switches, equipment, wiring, and protective devices of any kind or character) is constructed in accordance with the
MID-SOUTH SYNERGY TARTFF ATTACHMENT
National Electrical Safety Code of American Standards Association, as well as applicable laws or ordinances, and that the
Customer's installation wil[ be maintained in a manner to conform to those standards.
8. Easement and Right of Access. Custon~er agrees to grant or to secure for Cooperative, at Customer's expense, necessary
easements and rights-of-way on property owned or controlled by Customer and to provide suitable space on such premises
for installation of facilities where such rights-of-way and space are necessary to provide electric service to Customer.
Cooperative's representatives, employees, and assigns are hereby granted right of ingress and egress to Customer's
premises at all reasonable times for the purpose of inspecting facilities, providing service, and carrying out the provisions
hereof. ,
9. Continuitv of Service. Cooperative shall use reasonable diligence under standard utility practices to provide constant and
adequate electric service, Cooperative will not be liable, however, if electric power or service should fail or be interrupted,
or become defective, or be reduced through act of God, governmental authority, action of the elements, public enemy,
accident, strikes, labor trouhle, maintenance, repair or upgrading work, or any cause beyond the reasonable control of the
Cooperative.
10. Meter ~a'mverin~ In the event the Cooperative reasonably determines that its meter or equipment has been tampered
with or bypassed, the Cooperative may disconnect service and/or estimate electric energy consumed. Customer shall be
liable for payment of any bill or statement issued as a result thereof in accordance with the Cooperative's tariff..
11. BreachlDisconnection of Service. Notwithstanding any provisions of this agreement. Cooperative may disconnect service
if Customer fails to timely pay for electric service or otherwise breaches this agreement or any applicable provision of the
Tariff, after notice in accordance with the Cooperative's Service Rules and Regulations.
12. Disclaimer of Warranties. COOPERATIVE MAW NO WARRANTIES WHATSOEVER WlTH REGARD TO TJB
PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
13. Notice. All notices required to be given under the terms and provisions of this agreement m,ay be given by mailing to the
other party by United States mail addressed to such other party at the address above. The notice shall hear thedate of its
mailing, and shall be effective on and after such date.
14. Waiver. No waiver, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be
deemed to be a waiver of any subsequent breach.
15. Assimment Customer may not acsign this agreement. This agreement shall inure to the benefit of Cooperative's assigns.
16. Law Governin$ This agreement shall be construed and governed in accordance with the laws of the State of Texas and
venue for any suit shall be in Grimes County, Texas.
17. Additional Terms. The electric service contracted for herein is to he provided and taken in accordance with the
provisions of this agreement for electric service, the Bylaws of the Cooperative, and the Cooperative's Service Rules and
Regulations contained in the Cooperative's Tariff, and any amendments thereto. THE TARIFF IS MADE A PART OF
THIS AGREEMENT TO TIE SAME EXTENT AS IF FULLY SET OUT HEREIN. A copy of the Tariff may be
inspected at any office of the Cooperative.
18. Entire Ameement. This agreement constitutes the entire agreement between the parties and supersedes all prior
agreements between Customer and Cooperative for the service herein described, and Cooperative, its agents and
employees, have made no representations, promises, or made any inducemerlts, written or verbal, wbich are not contained
herein. Customer agrees that Customer is not relying on any statenlent5 not contained herein.
19. Effective Datehlodiication. Notwithst+mding anything to the contrary contained herein, this agreement shall not become
effective and is not binding until accepted by the Cooperative. No modification or alteration hereof shall be binding on
either party unless reduced to writing and signed by the parties hereto.
MID-SOUTH ELECTRIC COOPERATIVE ASSOCIATION CUSTOMER:
By:
Manager or Authorized Employee
&:see attached siptire page
Property Ownermenant
MID-SOUTH SYNERGY TARLFF ATTACHMENT Email
PLEASE COMPLETE
(For Commercial Customers Only)
Company Name: BVSWMA - Twin Oaks Landfill
Billing Address: po ox 9960
College Station, Texas 77842
Service Address: 2690 SH30
Anderson, Texas 77830
Owner of Company: N/A .
Owner's Social Security #: N/A
Owner's Drivers License #: N/A D.O. B.: N/A
Primary Contact Person: BV~ mdf ill wqer ( 979 ) 764-3876-
Secondary Contact Person: -F~~ 979 - 1R?3,
Emergency Outage Phone #: ( 979 ) 764-3600
Company's Tax IdentificationNumber: sac attached Tax T[) Certificates
Has the company ever had an account with Mid-South Synergy before?
If yes, under what name?
** IF THIS ACCOUNT QUALIFIES TO BE TAX EXEMPT PLEASE
PROVIDE MID- SOUTH WITH AN EXEMPTION FORM**
For Mid-South Synergy use only: Initiated by: Account #:
04-39 (Back)
(Rev. 12-0U4)
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
I Name of purchaser, flrm or agency 1
.4d~~~~~?~ber, P.,, or Route number) 1 Phone (Area code and numbed
City, SIaIe, ZIP code
Bryan, TX 77805
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Seller: I
Street address: City, State, ZIP code: I 1 Description of items to be purchased or on the attached order or invoice:
AnyIAll Purchases
Purchaser claims this exemption for the following reason:
The City of Bryan is a municipality and as such claims an exemption from payment of taxes under Chapter 20, Title
122A Revised Civil Statutes of Texas
Tax ID #1-74-6000441
I understand that I wlll be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the
Tax Code: Limited Sales, Excise, and Use Tax Act: Municipal Sales and Use Tax Act; Sales and Use Taxes for Special Purpose Taxing
Authorities; County Sales and Use Tax Act; County Health Services Sales and Use Tax; The Texas Health and Safety Code; Special
Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population
of 125.000 or less.
Iunderstandthat it is a criminal offense to give an exemption certificate to the seller fortaxable items that 1 know, at the tlme ofpurchase,
wlll be used in a manner otherthan that expressedin this certificate and, depending on the amount of tax evaded, the offense may range
from a Class C misdemeanor to a felony of the second degree.
NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts.
Dale Purchaser Title
Purchasing Manager
r a 01339 /&d) @= (Rev. 907161
'TEXAS SALES AND USE 'TAX EXEMP'TION CER'TIFICA'TION
Name ol purchaser, firm or agency
City of Colleqe Station
NOTE: This certiicate cannot be issued for the purchase, lease, or rental of a motor vehicle.
THIS CERTIFICATE DOES NOTREQUIRE A NUMBER TO BE VALID.
Sales and Use Tax "Exemption Numbersn or "Tax Exempt" Numbers do not exist.
Address (Slreer & number, P.0. Box orffwto numtmrl
1101 TEXAS AVENUE (P.O. BOX 9960)
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Seller:
Street address: City, State, ZIP code:
Descn'ption of items to be purchased or on the attached order or invoice:
Maintenance, repair, operating, and other miscellaneous supplies and SWVIC~S for Governmental purposes.
Purchaser dalrns this exemption for the following reason:
Munlclpallty dn4-600534
I understand Ulat I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Cde and/or all applicable law.
1 understand thet it is a criminal offense to give an exemption certificate to the seller fortaxable items that I know, at the time ofpurchase,
willbe used in e manner other then thet expressed in thls cerhiicate, and depending on the amount of tax evaded, the offense may range
from a Class C misdemeanor to a felony of the seco
A. n,
Thio ~rbIfi~040 eh~lnl.4 ha (1wniaha.4 tn +ha ~m~nnlior nn -n+ onnd ihn mmnlo+nA M~%Po+~ +n thn Cnmntmlll~r n$ D~shli- A~rn*snle
Phone (Area code and number)
979-7644555
Title
Assistant Director of Fiscal Services
City, State, ZIP code
College Station, TX 77840 (77842)
Date
01101109
d
August 4,2009
B.V.S.W.M.A.
Attn: Samantha Best
Re: B.V.S.W.M.A. Twin Oaks Landfill Scale House
# 500823
Dear Ms. Best;
In response to your request for a new service, Mid-South Synergy requires the payment of the
Estimated Cost in aid of Construction (CIAC) and a Commercial Deposit:
Construction Cost for new scale house service $1 0,216.27
Tax Amount $689.60
Customer Cost in aid of Construction $1 0,905.87
Commercial Deposit (#300797-01) $850.00
Payment required before start of construction $1 1,755.87
Commercial Customers are required to pay 100% of the Cost In Aid of Construction (CIAC).
Customers shall be entitled to receive a refund of up to three times the Net revenue received by
MSS from the usage of electricity by the Customer or 25% of the CIAC for the line extension,
whichever is less; PROVIDED that the customer meets the following obligations:
I. The customer must maintain continuous electric service from the cooperative for a
minimum period of one year after completion of the line extension and installation of
the permanent meter.
2. The customer is not delinquent in the payment of any Cooperative billing during the
one year period.
Commercial customers must pay a deposit equal to 116' of the estimated usage at the point of
service. The estimated usage is based off the customers stated load and hours of operation. A
commercial customer can also submit a 12 month usage history for similarly sized establishment.
This proposal will only be valid for 90 calendar days. Once easements are agreed upon and
payment has been received then the construction drawings will then be turned over to the
Operations Department. Should you have any questions or need further information, please do
not hesitate to contact me at (936) 825-5112 or e-mail me at ehulsev@midsouthsvnera~.com.
Sincerely,
Ed Hulsey, Developer Coordinator
IMid-South Synergy
CITY OF COLL'EGE STATION
By:
Mayor
Date:
ATTEST:
City Secretary
Date:
APPROVED:
City Manager
Date:
City Attorney
Date:
chief ~inancial Officer
Date:
CITY OF BRYAN
Mayor
Date:
ATTEST:
City Secretary
Date:
APPROVED:
City Manager
Date:
city Attorney
Date:
Chief Financial Officer
Date:
October 19, 2009
Consent Agenda Item No. 30
BVSWMA Purchase
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the purchase of a D8T
Dozer from Mustang Tractor & Equipment to be used by the Brazos Valley Solid Waste
IYanagement Agency in the amount of $719,000.00
Recommendation(s): Staff recommends award to Mustang Tractor & Equipment for the
original purchase price of $719,000.00
Summary: This purchase is for a diesel powered, D8T Dozer to be used by the Brazos Valley
Solid Waste Management Agency for waste handling operations. The machine is appropriately
sized to handle the amount of daily waste received at the working face. The machine will be able
to lift the tarp machine and deploy tarps for alternate daily cover. The D8T will also be utilized
to assist in applying daily cover, stripping cover, and required construction. The winch will be
utilized in pulling out other machinery and equipment during inclement weather conditions. The
fire suppression system will protect BVSWMA's investment and is recommended for all
equipment operating in the waste.
Vendor Base Bid
Mustang Tractor $719,000.00
Budget & Financial Summary: This purchase is budgeted in the FY2010 BVSWMA Operating
Fund as a service level adjustment. The service level adjustment was approved by the BVSWMA
Policy Advisory Board and both the College Station and Bryan City Councils during the FY2010
budget approval process. The quote on this unit was acquired by Mustang Tractor utilizing
BuyBoard pricing. As this purchase is in excess of $50,000, it will require the
approval of the Bryan City Council.
Attachments:
1. Quote
8212 West SH 21
Bryan, Texas 77807-4933
Main 979-775-0639 Fax 979-775-2838
Howard Stough
BVSWMA
JWO9-1115
October 5,2009
CAT D8T Dozer CAT LIST $761,43 1
CAT C15 ACERT Turbo-Charged Engine @ 3 10 HP
PA 140VS Variable Speed Winch with Cable
Waste Arrangement-Non Suspension UC
Auto-Reversing Fan
Oil Change System
Turbine Pre-cleaner
AMOCS Waste Handling Radiator
Thermal Shield
28" Extreme Service Trapezoidal PPR UC
95-Amp Ducted Alternator
Six Work Lights (2F-2s-2R)
ROPS Mounted A/C
Enhanced Clean Air Arrangement
Pressurized Cab
CAES Ready Installation
Fast Fuel Guarding
Final Drive Clam Guard
Fuel Tank Guard
Powered Belly Pans
Radiator Guard
Rear Screen
8SU Landfill Dozer
Product Link-36 Month Paid for Health Watch
CAES System $64,360
Freight and Installation $18,000
warranty $20,@0
All State Fire Suppression $8650
BWBOARD DISCOUNT (9%) ($68,529)
ADDITIONAL MUSTANG DISCOUNT ($85,552)
TOTAL BUYBOARD SALE PRICE $7 19,000
Warranty: -Complete Machine-6 Month Full Machine (Some Restrictions
Apply) -60 Month or 7500 Hour Powertrain + Hydraulics Warranty
(Whichever Comes First)
(QUOTE GOOD FOR 15 DAYS-BUYBOARD BID-CONTRACT # 268-07)
HOUSTON BEAUMONT BRYAN CONRDE ELCAMPO LAMARQUE LUFKIN
www.mustangcat.com
October 19, 2009
Consent Agenda Item No. 3p
Exempt Purchase for BVSWMA Litigation Professional Services
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion to authorize an increase in
funds for professional services rendered in fiscal year 2009 from Coats, Rose, Yale, Ryman
& Lee PC for litigation concerning the Brazos Valley Solid Waste Management Agency
(BVSWMA) in the amount of $33.284.46 for a total of $123,284.46. Approval by the Council
of this request will ratify $33,284.46 expended for additional legal costs associated with this
project through September 30, 2009.
Recommendation(s): Staff recommends approval of an additional $33,284.46.00 in funds
for this project for fiscal year 2009.
Summary: On July 23, 2009 Council authorized funds in the amount of $90,000.00 for
BVSWMA litigation services from Coats, Rose, Yale, Ryman & Lee PC. $123,284.46 has been
expended through September 30, 2009. Approval by the Council of this request will ratify
the additional $33,284.46 already expended in fiscal year 2009 for legal costs associated
with this project.
This request for approval of additional funds is for professional services from Coats, Rose,
Yale, Ryman & Lee PC and is thereby exempt from competitive bidding in accordance with
LGC 252.022 (a)(4) procurement for personal, professional, or planning services:
Purchase Order:
Purchase Order #090319 - $123,284.46
Budget & Financial Summary: Funds for the additional professional services will come
from the General Fund.
Attachments: None.
October 19, 2009
Consent Agenda Item No. 3q
Legal Counsel to Create Landfill Governmental Corporation
To: Glenn Brown, City Manager
From: City Ivlanager's Office
Agenda Caption: Presentation, possible action, and discussion to approve an agreement
in an amount not to exceed $60,000 with the legal firm of Nichols, Jackson, Dillard, Hager &
Smith, L.L.P. to establish an entity, such as a local government corporation, to own and
operate Brazos Valley Solid Waste Management Agency and authorization for the lvlayor to
execute the agreement.
Recommendation(s): Staff recommends approval of an agreement with Nichols, Jackson,
Dillard, Hager & Smith, L.L.P. and authorization for the Mayor to execute the agreement.
Summary: Staff has received a letter of engagement outlining the services proposed by the
legal firm of Nichols, Jackson, Dillard, Hager & Smith, L.L.P. to represent the cities in
connection with a mediated settlement concerning the ownership, operation and use of the
joint solid waste facilities owned and operated through the Brazos Valley Solid Waste
Management Agency. The clients will initially jointly be the Cities of College Station and
Bryan. This item is to approve the agreement with this legal firm and authorize the Mayor to
execute the agreement.
The City of Bryan approved engaging the legal firm of Nichols, Jackson, Dillard, Hager &
Smith, L.L.P. for this purpose at their October 13 Council meeting.
Budget & Financial Summary: It is proposed that funds from the BVSWMA Fund will be
used to cover this expense as the services will be forming a local government corporation to
address the ownership, operation and use of the joint solid waste facilities. It is estimated
this expense will not exceed $60,000.
Attachments:
1. Engagement Letter
Peter C. Smith
D~rect: (2 14) 665-3365
Elnail: ps~nhh_@nidhs.co~n
Via Email: bwhite@cstx.gov
City of College Station
C/O Mayor Ben White
1 10 1 Texas Avenue
College Station, Texas 77840
ATTORNEYS &COUNSELORS AT LAW ROBERT L. DILLARD, JR. (1 9 13-2000)
1800 Lincoln Plaza H. LOUIS NICHOLS
500 North Akard LAWRENCE JACKSON
Dallas, Texas 75201 OF COUNSEL
(214) 965-9900
Fax (214) 965-0010
Email NJDHS@NJDHS.COM
October 13,2009
Via Emnil: mconlee@brynntx.gov
City of Bryan
C/O Mayor D. Mark Conlee
300South Texas Avenue
Bryan, Texas 77803
Re: Joint Representation of the Cities of College Station and Bryan
Dear Mayor White and Mayor Conlee:
This will serve to confirm that the City of College Station, Texas and the City of Bryan,
Texas have jointly employed the law firm of NICHOLS, JACKSON, DILLARD, HAGER & SMITH,
L.L.P. ("the Firm") to represent the cities in connection with a mediated settlement concerning
the ownership, operation and use of the joint solid waste facilities owned and operated pursuant
to certain interlocal cooperation agreements between the Cities also known as the Brazos Valley
Solid Waste Agency ("BVSWA"), and other legal matters assigned in writing by the respective
city to the Firm from time to time.
We understand the engagement is to generally establish an entity, such as a local
government corporation, to own and operate BVSWA. We further understand that each city will
designate one or more representatives to work with the Firm on the assigned tasks. We expect to
complete the necessary legal services prior to the end of this calendar year. The primary
attorneys assigned to provide the requested services shall be Peter G. Smith, managing partner
and Kevin B. Laughlin. Requests and communications regarding this engagement should be
directed to the undersigned who may be contacted at the Firm's general telephone line
(214) 965-9900, direct dial telephone (214) 665-3365, cell phone (214) 535-3818, or by email at
psmith@njdhs.com. Kevin B. Laughlin may be contacted at the Firm's general telephone line
(214) 965-9900, direct dial telephone (214) 665-3337, cell phone (432) 770-3763, or by email at
~l~ghl~n,@~d~s,~,co~. Other attorneys of the Firm may be assigned work from time to time.
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. will provide the required legal
services at the rate of $160.00 per hour. This rate applies to all attorneys regard.less of
experience. The Firm will forward to you, on behalf of each City, a monthly itemized invoice
for legal services which will include the date, description of the activity or transaction, the name
or initials of the person performing the service, the time used for that service, the amount
charged, client cost and a total of the fees and cost due for the monthly period. The Firm charges
for the cost of copies and for outgoing facsimile transmissions, courier service, and for travel
expenses. In addition to monthly invoice indicating total services performed, each City will
October 13, 2009
Page 2
receive an invoice for its 50% share of the fees and costs. If at any time either City has any
questions regarding the charges shown on the monthly invoice, the Firm will immediately
investigate, and, if necessary, eliminate such charges or provide a credit in the next billing.
Thank you for this opportunity to be of service to the Cities, we look forward to
working with each City. If the terms are acceptable please execute in the signature block
provided below on behalf of the respective City and return to us by facsimile transmission or
email. This Agreement may be executed in counterparts. Each of the counterparts shall be
deemed an original instrument, but all of the counterparts shall constitute one and the same
instrument. We will start the required services as soon we receive executed counterparts from
each City. We will forward a fully executed copy to each City. If you have any questions, please
do not hesitate to contact us.
Sincerely,
NICHOLS, JACKSON, DILLARD
HAGER & SMITH, L.L.P.
Peter G. Smith
PGS:tlo
cc: Harvey Cargill, College Station City Attorney (Via Email: hcargill@cstx.gov)
Janis Hampton, Bryan City Attorney (Via Email: jhampton@bryantx.gov)
Alvin Zimmerman (Via Email: azimmerman@irnmerlaw. com)
Agreed to and accepted:
CITY OF COLLEGE STATION
By:
Ben White, Mayor
Agreed to and accepted:
By:
D. Mark Conlee, Mayor
October 19, 2009
Consent Agenda Item No. 3r
University Towne Center Development Agreement - First Amendment
To : Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding an amendment
to the Economic Development, Drainage and Corridor Beautification Participation Agreement
between the City of College Station and Sahara Realty.
Recommendation(s): Staff recommends approval of the amendment.
Summary: The original agreement, executed in 2005, pertains to the development of
University Town Center. Section 2.1.5 of the agreement required, in part, that Sahara
Realty was to obtain building permits for Phase 2 of the development by January 31, 2008
and permits for Phase 3 by January 31, 2009 in order to receive payments of $187,126.52
and $117,126.52 respectively.
Given the current softening of the local, state and national economy and in light of the
developer's demonstrable efforts to abide by all of the other performance criteria as
identified in the agreement, Sahara Realty has proposed the attached amendment. If
approved by the Council, this amendment will allow the developer until December 31, 2015,
to secure building permits for the remaining phases of the development as identified in the
agreement.
Budget & Financial Summary: N/A
Attachments:
Attachment 1 - First Amendment
(A copy of the original development agreement is available for public review in the City
Secretary's Office)
FIRST AMENDMENT TO ECONOMIC DEVELOPMENT, DRAINAGE AND
CORRIDOR BEAUTIFICATION PAR-TICIPATION AGREEMENT BETWEEN
THE ClTY OF COLLEGE STA1-ION AND SAHARA REALTY GROUP, LTD.
This is the First Amendment (this "Amendment") to the Economic Development,
Drainage and Corridor Beautification Participation Agreement, dated effective November
4, 2005, between the City of College Station, Texas (the "CITY) and Sahara Realty
Group, Ltd. (the "DEVELOPER") (the "Agreement"). The City and the Developer agree
to amend and modify the Agreement as herein provided. 'The following terms and
conditions shall control insofar as they may be inconsistent with or in addition to the
terms of the Agreement. Capitalized or other terms in this Amendment shall have the
same meanings ascribed to those terms in the Agreement.
Section 2.1.5 of the Agreement is deleted and restated as follows:
"2.1.5. DEVELOPER is eligible to receive CITY'S participation payments in the
amounts and according to the schedule detailed in this Section 2.1.5. To receive the
first payment, DEVELOPER must submit (i) engineering plans and specifications for the
Detention Facility as depicted in Exhibits "A" and "6"; and (ii) an engineer's estimate of
cost of construction of the Detention Facility in an amount equal to or greater than
$1,000,000. ClTY will issue a check to DEVELOPER within twenty (20) business days
after DEVELOPER'S submittal of the request for the payment meeting the requirements
set out herein. To receive the January 31, 2007 payment of $187,126.52, DEVELOPER
must have obtained building permits on Phase I in accordance with Exhibits "B", "C",
and "DM. To receive the December 31, 2015 payment of $1 87,126.52, DEVELOPER
must have obtained a building permit for Phase II in accordance with Exhibits B, C, and
D and a Certificate of Completion for Phase I on or before December 31, 2015. To 1 receive the -payment of $117,126.52, DEVELOPER must have received a building
permit for Phase Ill in accordance with Exhibits B, C, and D on or before December 31,
201 5.
a. $210,000 on or by January 31,2006
b. $1 87,126.52 on or by January 31,2007
c. $187,126.52 on or by December 31,2015
d. $1 17,126.52 on or by December 31, 2015
Upon receipt of the certificates of completion for all buildings in Phases II and Ill,
City shall make final payment of $70,000.00.
All other terms and conditions of the original Agreement shall remain unchanged
and in full force and effect.
SAHARA REALTY GROUP L'TD. CITY OF COLLEGE STATION
By:
Capital Realty Partners LL.C.
David W. Scarmardo, Manager
Date:
By:
Mayor
Date:
ATTEST:
City Secretary
Date:
APPROVED:
City Manager
Date:
Director of Finance
and Strategic Planning
Date:
City Attorney
Date:
THE STATE OF TEXAS §
§ CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS 5
This instrument - was acknowledged before me on the day of
, 2009, by DAVID W. SCARMARDO, Authorized Member of CAPITAL
REALTY MANAGEMENT, L.L.C., a Texas limited liability company, General Partner of
SAHARA REALTY GROUP, LTD., a Texas limited partnership, on behalf of said
partnership.
Notary Public in and for the
State of Texas
THESTATE OFTEXAS . 5
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
Before me, the undersigned authority, on this day personally appeared BEN 0.
WHITE, as Mayor of the CITY OF COLLEGE STA1-ION, 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 she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the of
,2009.
Notary Public in and for the
State of Texas
October 19, 2009
Regular Agenda Item No. 4
Texas A&M Capital Projects Update
To: Glenn Brown, City Manager
From: City Manager's Office
Agenda Caption: Presentation, possible action, and discussion regarding construction on
the campus of Texas A&M University and their current capital project program.
Summary: This item was previously requested by the City Council. The presentation is
being given by Mr. Chuck Sippial, Vice President for Facilities at Texas A&M University and
General Joe Weber, Vice President of Student Affairs. They will give an update on the
current campus construction package totaling more than $700 million as well as future
projects.
Budget & Financial Summary: N/A
Attachments: N/A
October 19, 2009
Regular Agenda Item No. 5
College Station Medical Corridor
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding the potential
creation of a "Medical Corridor" in the southern portion of the City.
Recommendation(s): Staff recommends that the City Council receive the presentation
and provide any desired input or direction in this regard.
Summary: The "Medical Corridor," as currently envisioned, represents a specially
designated area that seeks to create district identity, focuses development synergy and
invites significant new financial investment from healthcare and wellness stakeholders in
southern portion of the City. A comprehensive study to better determine the corridor's
exact size and scope, associated market analysis, economic impact forecasting and
modeling, and initiative visioning exercises is being proposed as the first phase of this
project and once completed is expected to position the City to implement this major
economic development initiative. A presentation will be made at the meeting to further
outline the proposed parameters of this project.
Further, staff has preliminarily identified several key corridor elements to be explored under
the proposed study, including signage, landscaping, pedestrian amenities, roadway
enhancements and distinct design standards. It is anticipated that this City-administered
study will be conducted by Schrickel, Rollins and Associates (SRA) and take approximately
eighteen months to complete.
Budget & Financial Summary: A $250,000 Service Level Adjustment was approved in the
FY 2010 Budget (Economic Development Fund item) to partially fund the exploration and
planning phase of this proposed project. This amount will be paired with $50,000 from The
Med and thus establish the total budget for the project at $300,000.
Attachments:
Attachment 1: Proposed Medical Corridor Project Parameters
O:\Agenda items for agenda manager12009 Agenda Items\10 1909 agenda itemsRegular\No. 5 Coversheet College
Station Medical Corridor.doc
Proposed Medical Corridor Project Parameters
The City has prepared for City Council consideration, an FY 2010 Service Level Adjustment (SLA)
of $250,000 for the completion of a Medical Corridor Study that focuses on the general area
around The Med and includes the intersection of Rock Prairie Road and State Highway 6.
However, the final area will be established as an end deliverable of the study.
If funded, the SLA identified above will be matched by The Med in an amount of $50,000 and this
amount will be due prior to the execution of the contract with the successful project consultant
team, which is currently believed to be Schrickel, Rollins and Associates, Inc. (Arlington, Texas) in
association with Townscape, Inc. (Dallas, Texas), and Leland Consulting Group (Denver, CO).
This project is viewed as an exploratory and planning collaboration; a focused effort primarily
between the City of College Station and The Med.
The total budget for the Medical Corridor Study is set at $300,000.
The significant offering ($250,000) of public resources by the City of College Station to further this
effort is to be viewed as an economic incentive committed to promote significant future medically-
oriented development in the subject area.
The City reserves the exclusive right to maximize the long-term potential of this Study and any
resulting district by not prematurely or artificially restricting the scope or boundaries of the initiative
before such analysis has been conducted to determine the most prudent district scope or
boundary. Further, the final district boundary andlor subject area will be established as a major
end deliverable of the referenced study.
The project and any related contract(s) will be solely administered by the City and follow all
applicable public processes in that regard.
The City Council may establish and seat a panel of stakeholders to assist in the furtherance of this
effort. The panel may include representatives of entities iderrtified as competitors of The Med;
However, the City will make every effort to be sensitive to the position of The Med in this regard.
The City will not prohibit the parl:icipation of any stakeholder that is reasonably deemed to have a
potential role in the furtherance of this initiative.
Once fi~lly funded by both entities, the project will be launched in the Fall of 2009.
Funds will be expended on a proportionate basis to insure that equity in spending is f~~lly realized.
This project will only serve to provide the basis and general framework for a new medically-
oriented district. Any physical improvements and/or major new initiatives resulting from the study
will be decided on, funded and implemented in subsequent phases of the effort.
October 19, 2009
Regular Agenda Item No. 6
Authorize Health Department Funding Addendum and Expenditures
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to approve a funding
addendum that will authorize expenditures for the Brazos County Health Department in the
amount of $351,500.
Recommendation(s): Staff recommends approval of the funding addendum in the amount
of $351,500 to the Brazos County Health Department.
Summary: On September 10, 2009 Council approved the FYlO budget which included
funding for the Brazos County Health Department. This funding is based on an Interlocal
Agreement originally approved on December 14, 1995.
Budget & Financial Summary: Funds are available and budgeted in the General Fund.
Payments are made in equal monthly installments.
Attachments:
1. Brazos County Health Department Funding Addendum and Original ILA (Available in City
Secretary's Office)
October 19, 2009
Regular Agenda Item No. 7
Architectural Standards for City Industrial Buildings
To : Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion on a potential amendment
to the Unified Development Ordinance related to architectural standards for municipal
facilities that are industrial in nature.
Recommendation: Staff recommends that Council provide direction to pursue this
amendment, which would come before the City Council at a future date for public hearing
and adoption.
Summary: The proposed amendment would exempt municipal facilities of an industrial
nature from the Non-Residential Architectural (NRA) Standards contained in the City's
Unified Development Ordinance (UDO). Currently the UDO includes an exemption for both
public and private developments on industrial zoned properties. Because municipal facilities
are permitted in all zoning districts, it is unusual that City-owned property carry an
industrial zoning designation. The proposed amendment would allow municipal industrial
facilities to comply with the same standards that are in place for privately developed
industrial facilities.
Generally, the City's NRA standards require that buildings meet certain material
requirements; provide architectural relief on all sides of structures; provide articulated roof
lines; utilize City approved colors; provide pedestrian and bicycle facilities; and utilize
alternative parking lot designs and additional landscaping, in some instances. The NRA
standards were created primarily for general commercial developments and may not
translate well to industrial developments in some cases.
-the proposed amendment would exempt only those municipal facilities that are industrial in
nature, such as a wastewater treatment plant or electrical substation. Non-industrial
facilities, such as a municipal court or City hall would still be required to comply with the
NRA standards. A current example of an industrial facility is a new building under design, to
be constructed at the Carters Creek Wastewater Treatment Plant, which will house the
Water Services Laboratory and computer servers. This building will not have public access,
and will only be partially visible to visitors.
For the new Lab Building, approximately $56,000 can be saved if it were exempt from the
NRA standards, and designed to match the architecture of the main administrative building
at the Carters Creek plant. Examples of cost savings are:
Exterior Building Materials - Use matching brick, which is less expensive.
Landscaping - Use Xeriscape, which will not require irrigation.
Building Mass & Design - Delete the delineating columns on the exterior walls
Similar savings could be achieved at other Industrial sites, such as the Landfill and the
Public Works yards. If Council desires, staff will draft the documents required for a UDO
amendment, and bring that back to Council at a future meeting.
Budget & Financial Summary: None
Attachment: None
October 19, 2009
Regular Agenda Item No. 8
General Obligation Bond Refunding
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a resolution approving
a preliminary official statement, and related material; and on an ordinance authorizing the
issuance and sale of City of College Station, Texas General Obligation Refunding Bonds,
Series 2009; establishing parameters regarding the sale of the bonds; approving the
execution of an escrow agreement; and ordaining other matters related thereto, including
immediate effectiveness.
Recommendation(s): Council move to approve the attached resolution approving the
preliminary official statement, and related materials; and ordinance authorizing the issuance
and sale of General Obligation Refunding Bonds, Series 2009; establishing parameters
regarding the sale of the bonds; approving the execution of an escrow agreement; and
ordaining other matters related thereto, including immediate effectiveness.
Summary: The City has the opportunity to refund a portion of its General Obligation
Bonds in order to achieve savings due to lower interest rates that are currently available.
The City's Financial Advisor, Drew Masterson with First Southwest Company has presented
the City with an opportunity to issue refunding bonds for several of our outstanding General
Obligation Bond issues. Refunding is issuing new debt to replace and pay off existing debt.
Refunding can be done for a number of reasons; however, most often are used to accrue a
savings against the current debt.
The bonds that are proposed to be refunded are:
General Obligation & Refunding Bonds, Series 1998 $ 740,000
General Obligation, Series 1999 $3,100,000
General Obligation Bonds, Series 2000 $ 865,000
Certificates of Obligation, Series 2000A (Parking Garage) $4,220,,000
$8,925,000
-the City Council's Finance and Budgetary Policies allow for the City to "refund" debt when
there is a net present value savings of at least 5%. The opportunity that is currently before
the City Council will save the City approximately 8.26% over the remaining life of the
issues. The net present value savings includes the debt issuance costs. If this ordinance
is approved, the City Council will be delegating to the City Manager the authority
to effect the bond sale when the net present value savings hits the 5% threshold
through April 19, 2010. Currently, the net present value savings is above the 5%
threshold, however, if the net present value savings should fall below the 5%, this
will provide an opportunity to reach the 5% threshold over the next 6 months in
order to generate as much savings as possible for the City.
Refundings are typically done as negotiated sales rather than our normal bidding process.
In a negotiated sale, a consortium of investment firms is selected with one firm named as
the managing partner for the sale. The sale is negotiated and pricing is verified against
pricing for similar instruments within a few days of the actual sale date to make sure that
the City is getting good pricing for its debt.
Budget & Financial Summary: Based on current estimates, the refunding will reduce the
overall cost of the refunded bonds by at least 8% over the remaining life of the existing
bonds. Total net present value savings will be at least $737,677 against actual savings of
at least $883,873. Annual actual savings will range between at least $86,172 and $91,075
per year. The savings will help the City by providing an additional margin that Council may
choose to use for projects not currently funded by an identified source.
Attachments:
1. Resolution approving a preliminary official statement and related materials for the sale of
City of College Station, Texas General Obligation Refunding Bond, Series 2009.
2. Ordinance authorizing the issuance and sale of City of College Station, Texas General
Obligation Refunding Bonds, Series 2009; establishing parameters regarding the sale of the
bonds; approving the execution of an escrow agreement; and ordaining other matters
related thereto, including immediate effectiveness.
RESOLUTION APPROVING A PRELIMINARY OFFICIAL STATEMENT, AND
RELATED MATERIALS FOR THE SALE OF "CITY OF COLLEGE STATION,
TEXAS GENERAL OBLIGATION REFUNDING BONDS, SElUES 2009"
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 Refunding Bonds, Series 2009 in the principal amount not to exceed $8,500,000 (the
"Obligations") for purposes described in the below described documents as soon as possible; and
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 negotiated basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS THAT:
1. The Preliminary Official Statement for the Obligations, substantially in the form attached
hereto is hereby approved, and the Chief Financial Officer of the City and the City's Financial Advisor
are authorized to distribute the same to be used in connection with the public offering and the sale of the
Obligations.
2. The Chief Financial Officer of the City and the City's 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 thlngs necessary to sell the Obligations.
PASSED AND APPROVED THIS 19TH DAY OF OCTOBER, 2009.
Ben White, Mayor Connie Hooks, City Secretary
(SEAL)
EXHIBIT A
PRELIMINARY OFFICIAL STATEMENT
ORDINANCE NO.
ORDINAYCE AUTHORIZLNG THE lSSUANCE AND SALE OF ClTY OF
COLLEGE STATION, TEXAS GENERAL OBLlGATION REFUNDLYG
BONDS, SERIES 2009; ESTABLISHINGPARAMETERS REGARDING THE
SALE OF THE BONDS; APPROVING THE EXECUTION OF ATV ESCROW
AGREEMENT; AND ALL OTHER MATTERS RJZLATED THERETO
THE STATE OF TEXAS
COUNTY OF BMOS
CITY OF COLLEGE STATION
WHEREAS, the City of College Station (the "City" or the "Issuer") has previously issued
certain obligations of the City described in Schedule I attached hereto and incorporated herein
(collectively, the "Refilnded Obligations"), and the Refunded Obligations are intended to be and shall
be rehnded pursuant to this Ordinance;
WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207"), authorizes the City
to issue refinding bonds and to deposit the proceeds ftom the sale thereof, together with any other
available hnds or resources, directly with a paying agent for the Refunded Obligations or a trust
company or colnmercial bank that does not act as a depositoly for the City and is named in these
proceedings, and such deposit, if made before the payment dates of the Rehnded Obligations, shall
constitute the making of firm banking and fmancial arrangements for the discharge and final payment
of the Rehnded Obligations;
WHEREAS, Chapter 1207 hrther authorizes the City to enter into an escrow or similar
agreement with such paying agent for the Refi~nded Obligations or trust company or commercial bank
that does not act as a depositoly for the City with respect to the safekeeping, investment,
reinvestment, administration and disposition of any such deposit, upon such telms and conditions as
the Issuer and such paying agent or trust company or comme~cial bank may agree;
WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best
interests of the City to refund the Refi~nded Obligations in order to restn~cture the Issuer's
outstanding debt service as well as to achieve a net present value debt service savings ofnot less than
5.00%, with such savings, ainong other inforlnation and teinls to be included in a bond purchase
contract (the "Purchase Contract") to be executed by the Pricing Officer (hereinafter designated), all
in accordance with the provisions of Section 1207.007, Texas Government Code;
WHEREAS, all the Rehnded Obligations mature or are subject to redemption prior to
maturity within20 years of the date of the bonds hereinafter authorized;
WHEREAS, because offluctuating conditions in the municipal bond market, the City Council
has determined to delegate to the Pricing Officer hereinafter designated the authorityto effect the sale
of the bonds hereinafter authorized for the purpose ofproviding for the refunding of all or a portion
of the Rehnded Obligations, subject to the parameters hereinafter described;
WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to
Chapter 1207; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject
matter of the public business to be considered and acted upon at said meeting, including this
Ordinance, was given, all as requised by the applicable provisions of Texas Govei-ninent Code,
Chapter 55 1; Now, Therefore
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS;
Section 1. BONDS AUTHORIZED. That the City's bonds (the "Bonds") are hereby
authorized to be issued in an aggregate principal amount not to exceed $8,500,000 for the purpose
ofrefinding all or aportion ofthe Rehnded Obligations and paying costs incurred in connection with
the issuance of the Bonds. The Bonds shall be designated as the "City of College Station, Texas
General Obligation Refunding Bonds, Series 2009".
Section 2. DATE, DENOIMINATIONS, NUIMBER, MATURITIES AND TERMS OF
BONDS. (a) That initially there shallbe issued, sold, and delivered hereunder fullyregistered bonds,
without interest coupons, numbered consecutively fiomR-1 upward, payable to the respective initial
registered owners thereof, or to the registered assignee or assignees of the Bonds or any portion or
portions thereof, in the denomination of $5,000 or any integral multiple thereof (an "Authorized
Denomination"), maturing not later than Februaiy 15, 2020, payable serially or othe~wise on the
dates, in the years and in the principal amounts, and dated, all as set forth in the Purchase Contract.
(b) As authorized by Chapter 1207, the City Manager is hereby authorized, appointed, and
designated to act on behalf of the City as the pricing officer (the "Pricing Officer") in selling and
delivering the Bonds pursuant to the Purchase Contract which the Pricing Officer is hereby authorized
to execute, and to act in determining which of the Rehnded Obligations shall be rehnded and
canying out the other procedures specified in this Ordinance, including determining and fixing the
date of the Bonds, any additional or different designation or title by which the Bonds shall be known,
the aggregate principal amount of the Bonds, the date of delivery of the Bonds, the price at which
the Bonds will be sold, the years in which the Bonds will mature, the principal amount of Bonds to
mature in each of such years, the rate of interest to be borne by each such maturity, the interest
payment periods, the dates, price, and terms upon and at which the Bonds shall be subject to
redemption prior to maturity at the option of the City, as well as any mandatoiy sinking filnd
redemption provisions, and all other matters relating to the issuance, sale, and delivery of the Bonds,
and the rehnding oftheRehnded Obligations, including obtaining a ~nunicipal bond insurance policy
in support ofall or any portion ofthe Bonds, all of which shall be specified in the Purchase Contract;
provided, that (i) the price to be paid for the Bonds shall not be less than 95% of the aggregate
original principal amount thereof, plus accrued interest thereon from the date of their delivery, (ii)
none of the Bonds shall bear interest at a rate greater than 10.00% per annum, and (iii) the Bonds
shall not be sold for the purpose of refbnding the Refunded Obligations unless the refbnding of the
Rehnded Obligatioiis results in achieving the minimum net present value debt sei-vice savings
threshold described in Section 15 of this Ordinance. The amount of the savings to be realized from
the refinding ofthe Refunded Obligations, on both a gross and apresent value basis, shall be set forth
in a certificate (firther described in Section 15 of this Ordinance) to be executed by the Pricing
Officer upon the execution of the Purchase Contract. In addition, the Pricing OEcer is authorized
to determine the principal amount of Bonds to be issued and sold, Zany, to provide for the rehnding
of Refunded Obligations; provided, that the detei~ination by the Pricing Officer to issue Bonds for
the purpose ofrefinding Rehnded Obligations shall be subject to the parameters set forth in Section
15 hereof. A finding or deteimination made by the Pricing Officer acting under the authority
delegated thkreto by this Ordinance withrespect to all matters relating to the issuance and sale of the
Bonds shall have the same force and effect as a finding or deteimination made by the City Council.
The delegation made hereby shall expire ifnot exercised by the Pricing Offices on or before April 19,
2010.
(d) The Pricing Oficer of the City is authorized and directed to provide for and oversee the
preparation of a preliminary and final official statement in connection with the issuance of the Bonds,
and to approve such preliminary and final official statement and deem such preliminary official
statement final in coinpliance with the Rule and to provide it to the Undenvriters of the Bonds in
compliance with the Rule.
Section 3. REDEMPTION. (a) That the Bonds may be subject to redemption prior to their
scheduled maturities at the optioil of the City, on the dates and it1 the inanner as provided in the
Purchase Contract. Should the Purchase Contract provide for the redemption of the Bonds prior to
their scheduled maturities at the option of the City, if less than alI of the Bonds are to be redeemed
by the City, the City shall determine the maturity or maturities and the amounts thereof to be
redeemed and shall direct the Paying AgentRegistrar to call by lot Bonds, or portions thereof, within
such maturity or maturities and in such principal amounts, for redemption; provided, that during any
period in which ownership of the Bonds is deteilnined only by a book entry at a securities depository
for the Bonds, if fewer than all of the Bonds of the same mahrity and bearing the same interest rate
are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be
selected in accordance with the airangenlents between the City and the securities depositoly.
(b) Should the Purchase Contract provide for the mandatory sinking fi~nd redemption of the
Bonds, tlie terms and conditions governing any such mandatory sinking hnd redemption relating
thereto shall be as set forth in the Purchase Contract.
(c) At least thirty (30) days prior to the date any such Bonds are to be redeemed, (i) a written
notice of redemption shalt be given by the Paying AgentIRegistrac to the registered owner of each
Bond or a poi-tion thereof being called for redemption by depositing such notice in the United States
mail, first-class, postage prepaid, addressed to each such registered owner at the address thereof as
shown on the Registration Books and (ii) a notice of such redemption shall be published one time in
a financial journal or publication of general circulation in the United States of America or the State
of Texas cai-iying as a regular feature ilotices of municipal bonds called for redemption; provided,
however, that the failure to send, mail or receive such notice described in (i) above, or any defect
therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the
proceedings for the redemption of any Bond, and the publication of notice as described in (ii) above
shall be the only notice actually required in connection with or as a prerequisite to the redemption of
any Bonds. By the date fixed for any such redemption, due provision shall be made by the City with
the Paying AgentRegistrar for the payment of the required redemption price for the Bonds or the
portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for
redemption. If such notice of redemption is given, and if due provision for such payment is made,
all as provided above, the Bonds, or the portions thereof which are to be so redeemed, thereby
automatically shall be redeemed prior to theis scheduled maturities, and shall not bear interest after
the date fured for their redeinption, and shall not be regarded as being outstanding except for the right
of the registered owner to receive the redemption price plus accnled interest to the date fixed for
redemption fiom the Paying AgentIRegis tras out of the hnds provided for such payment. The Paying
AgentIRegistrar shall record in the RegistrationBooks all such redemptions ofprincipal ofthe Bonds
or any portion thereof. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds
having the same maturity date, bearing or accruing interest at the same rate, in any Authorized
Denomination, at the written request of the registered owner, and in an aggregate principal amount
equal to the unredee~ned portion thereof, will be issued to the registered owner upon the surrender
thereof for cancellation, at the expense of the City, all as provided in this Ordinance. In addition,
notice of such redemption shall be provided in the manner described in Section 3(e) hereof, but the
failure to provide such notice as described in Section 3(e) hereof shall not affect the validity or
effectiveness of the proceedings for the redemption of the Bonds.
-
(d) With respect to any optionalredemption ofthe Bonds, unless cei-tainprerequisites to such
redemption required by this Ordinance have been met and moneys sufficient to pay the principal of
and prenlium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying
AgentIRegistrar prior to the giving of such notice of redemption, such notice shall state that said
redemption may, at the option ofthe City, be conditional upon the satisfaction of such prerequisites
and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such
redemption, or upon any prerequisite set foizh in such notice of redemption. If a conditional notice
of redemption is given and such prerequisites to the redemption and sufficient moneys are not
received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the
Paying AgentIRegistrar shall give notice, in the manner in which the notice of redemption was given,
to the effect that the Bonds have not been redeemed.
(e) (i) In addition to the manner ofproviding notice of redemption of Bonds as described
in Section 3(c), the Paying AgentRegistrar shall give notice ofredemnptionofBonds by United States
mail, first-class, postage prepaid, at least thisty (30) days prior to a redemption date to the State
Inforination Depositoly (the "SID") and Mullicipal Securities Rulemaking Board (the "MSRB"). In
addition, in the event of a redemption caused by an advance refilnding of the Bonds, the Paying
AgentRegistrar shall send a second notice ofredemption to the persons specified in the immediately
preceding sentence at least thisty (30) days but not more than ninety (90) days prior to the actual
redemption date. Any notice sent to the SID and MSRB shall be sent so that such notice is received
at least two days prior to the general mailing or publication date of such notice. The Paying
AgentRegistrar shall also send a notice of redemption to the registered owner ofany Bonds who l~as
not sent the Bonds in for redemption sixty (60) days after the redemption date. The failure to send,
mail or receive any such notice described in this clause (e)(i), or any defect therein or in the sending
or mailing thereof, shallnot affect the validity or effectiveness of the proceedings for the redemption
of any Bond.
(ii) Each redemption notice, whether required in the FORM OF BOND or
otherwise by this Ordinance, shall contain a description of the Bonds to be redeemed including the
complete name of the Bonds, the series, the date of issue, the interest rate, the maturity date, the
CUSIP number, the amounts called of each Bond, the publication and mailing date for the notice, the
date of redemption, the redemption price, the name of the Paying Agent/Registrar and the address
at which the Bond may be redeemed including a contact person and telephone number.
(iii) All redemption payments made by the Paying AgentIRegistrar to the registered
owners of the Bonds shall include a CUSIP number relating to each amount paid to such registered
owner.
Section 4. INTEREST. That the Bonds shall bear interest calculated on the basis of a 360-
day year composed of twelve 30-day months £?om the dates specified in the FORM OF BOND set
forth in Exhibit A to this Ordinance, to their respective dates ofmaturity at the rates set forth in the
Purchase Contract. Interest on the Bonds shall be payable on the dates as set forth in the Purchase
Contract, until the maturity or prior redemption ofthe Bonds.
Section 5. PAYING AGENTfREGISTRAR; BOOK-ENTRY ONLY SYSTEM. (a)
That the City shall keep or cause to be kept at the coi-porate trust ofice designated by The Bank of
New York Mellon Trust Company, National Association, DalIas, Texas, as its place ofpayment for
the Bonds, or such other bank, trust company, financial institution, or other entity duly qualified and
legally authorized to serve and perform duties of and seivices of paying agent and registrar, named
in accordance with the provisions of (g) ofthis Section hereof (the "Paying Agent/Registrarn), books
or ~.ecords of the registration and transfer of the Bonds (the "Registration Books"), and the City
hereby appoints the Paying Agent&egistrar as its registrar and transfer agent to keep the Registration
Books and make such transfers and registrations under such reasonable regulations as the City and
the Paying AgentRegistrar may prescribe; and the Paying AgentIRegistrar shall make such transfers
and registrations as herein provided. The place of payment so designated by the Paying
AgenttRegistrar shall be referred to herein as the "Designated Trust Ofice" of the Paying
AgentRegistrar. It shall be the duty of the Paying AgentRegistrar to obtain from the registered
owner and record in the Registration Books the address of such registered owner of each Bond to
which payments with respect to the Bonds shall be mailed, as herein provided. The Paying
AgentIRegistrar shall keep the Registration Books confidential and, unless otherwise required by law,
shall not pennit their inspection by any entity other than the City. Registration of each Bond may be
transfelred in the Registration Books only upon presentation and surrender ofsuch Bond for transfer
ofregistration and cancellation to the Paying Agent/Registrar at its Designated Trust Office during
nonnal business hours, together with proper written instruments of assignment, in folm and with
guarantee of signatures satisfactory to the Paying Agentmegistrar, evidencing the assigmnent of the
Bond, or any portion thereof in any Authorized Denomination, to the assignee or assignees thereof,
and the right of such assignee or assignees to have the Bond or any such poi-tion thereof registered
in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any
portion thereof, a new substitute bond or bonds shall be issued in exchange therefor the manner
herein provided. As ofthe date this Ordinance is approved by the City, the Designated Trust Office
is the Dallas, Texas corporate trust off~ce of The Bank of New York Mellon Trust Company,
National Association.
(b) The entity in whose name any Bond shall be registered in the Registration Books at
any tine shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether
such Bond shall be overdue, and the City and the Paying AgentRegistrar shall not be affected by any
notice to the contrary unless otherwise required by law; and payment of, or on account of, the
principal of, premium, if any, and interest on any such Bond shall be made only to such registered
owner. All such payments shall be valid and effectuaI to satisfjr and discharge the liability upon such
Bond to the extent of the sum or sums so paid.
(c) The City hereby fi~rther appoints the Paying Agent/Registrar to act as the paying agent
for paying the principal of, premium, if any, and interest on the Bonds, and to act as its agent to
exchange or replace Bonds, alI as provided in this Ordinance. The Paying Agent/Registrar shall keep
proper records of all payments made by the City and the Paying Agentmegistrar with respect to the
Bonds, and of all exchanges of the Bonds, and all replacements of the Bonds, as provided in this
Ordinance.
(d) Each Bond may be exchanged for fullyregistered bonds in the manner set forth herein.
Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or-
unredeemned principal amount thereof, may, upon sulrender thereof at the Designated Tiust Office
of the Paying AgentRegistrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or
representatives, with guarantee ofsignatures satisfactolyto the Paying AgentRegistrar, at the option
of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully
registered bonds, without interest coupons, in the form prescribed in the FORM OF BOND, in an
Authorized Denonlination (subject to the requisemnent hereinafter stated that each substitute Bond
shall have a single stated maturity date), as requested in writing by silch registered owner or such
assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeelned principal
amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner,
assignee, or assignees, as the case may be. If a portion of any Bond shall be redeemed prior to its
scheduled maturity as provided herein, at the request of the registered owner a substitute Bond or
Bonds having the same maturity date, bearing interest at the same rate, in an Authorized
Denomination, and in an aggregate principal amount equal to the i~nredeemed portion thereof, will
be issued to the registered owner upon surrender thereof for cancellation. If ally Bond or portion
thereof is assigned and transferred, each Bond issued in exchange therefor shall have the same
principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged.
Each substitute Bond shall bear a letter andlor number to distinguish it fi-om each other Bond. The
Paying Agentmegistrar shall exchange or replace Bonds as provided herein, and eachhlly registered
bond delivered in exchange for or replacement of any Bond or portion thereof as permitted or
required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this
Ordinance, and may again be exchanged or replaced. On each substitute Bond issued in exchange
for or replacement ofany Bond or Bonds issued under this Ordinance there shall be printed thereon
a Paying Agent/Registrarls Authentication Certificate, in the foim set forth in the FORM OF BOND
(the "Authentication Certificate"). An authorized representative of the Paying AgentKegistrar shall,
before the delivery of any such Bond, manually sign and date the Authentication Certificate, and no
such Bond shall be deemed to be issued or outstanding unless the Authentication Certificate is so
executed and dated. The Paying AgentRegistrar proinptly shall cancel'all Bonds surrendered for
exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted
by the City Council or any other body or person so as to accomplish the foregoing exchange or
replacement of any Bond or portion thereof, and the Paying Agentmegistrar shall provide for the
printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, pursuant
to Chapter 1206, Texas Government Code, particularly Subchapter B thereof. The duty of such ex-
change or replacement of Bonds as described in the preceding sentence is hereby imposed upon the
Paying Agentmegistrar, and upon the execution of the Authentication Certificate, the exchanged or
replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same
effect as the Bonds which originally were delivered pursuant to this Ordinance, approved by the
Attolney General, and registered by the Comptroller of Public Accounts. Neither the City nor the
Paying Agentmegistrar shall be required (I) to make any transfer or exchange during a period
beginning at the opening ofbusiness 15 days before the day of the fist mailing of a notice ofredemp-
tion of Bonds and ending at the close of business on the day of such mailing, or (2) to transfer or
exchange any Bond afiel. it is selected for redemption, in whole or in part, when slich redemption is
scheduled to occur within30 calendar days; provided, however, such litnitat ion shall not be applicable
to an exchange by the owner of the uncalled principal balance of a Bond.
(e) All Bonds issued in exchange or replacement of any other Bond or portion thereof,
(i) shall be issued in klly registered fol~n, without interest coupons, with the principal of and interest
on the Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their
scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other Bonds,
(v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal ofarid interest
on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM
OF BOND.
(f) The City shall pay all of the Paying Agent/Registrarls reasonable and customary fees
and charges for making transfers, conversions and exchanges of the Bonds in accordance with an
agreement between the City and the Paying AgentIRegistrar, but the registered owner of any Bond
requesting such transfer shall pay any taxes or other govelnmental charges required to be paid with
respect thereto. In addition, the City hereby covenants with the registered owners of the Bonds that
it wiH pay the reasonable standasd or customary fees and charges of the Paying Agentmegistrar for
its services with respect to the payment of the pi-incipal of and interest on the Bonds, when due.
(g) The City covenants with the registered owners of the Bonds that at all times while the
Bonds are outstanding the City will provide a competent and legally qualified bank, trust company,
financialinstitution, or other entity duly qualified and legally authorized to serve as and perfonn the
duties and services of Paying AgentRegistrar, to act as and perform the services of Paying
Agentmegistrar for the Bonds under this Ordinance, and that the Paying AgentIRegistrar will be one
entity. The City reserves the right to, and may, at its option, change the Paying AgentRegistrarupon
not less than 60 days' written notice to the Paying AgentJRegistrar. In the event that the entity at any
time acting as Paying AgentRegistrar (or its successor by merger, acquisition, or other method)
should resign or othenvise cease to act as such, the City covenants that promptly it will appoint a
competent and legally qualified bank, ti-ust company, financial institution, or other entity duly
qualified and legally authorized to serve as and perfo~m the selvices ofpaying AgentIRegistrar, which
shall be a corporation organized and doing business under the laws of the United States of America
or of any state, authorized under such laws to exercise tiust powers, subject to supervision or
examination by federal or state authority, and whose qualifications substantially are similar to the
previous Paying Agent/Registrar, to act as Paying AgenURegistrar under this Ordinance. Upon any
change in the Paying Agentmegistrar, the previous Paying AgentRegistrar pro~nptly shall transfer
and deliver the Registration Books (or a copy thereof), along with all other pertinent books and re-
cords reIating to the Bonds, to the City and to the new Paying AgentIRegistrar designated and
appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause
a writtennotice thereof to be sent by the new Paying Agentmegistrar to each registered owner ofthe
Bonds, by United States mail, first-class, postage prepaid, which notice also shall give the address of
the new Paying AgentIRegistrar. By accepting the position and performing as such, each Paying
Agent/Registras shall be deemed to have agreed to the ofthis Ordinance, and a certified
copy of this Ordinance sha1I be delivered to each Paying AgentIRegistrar.
(h) The Bonds issued in exchange for the Bonds initially issued to the initial purchaser
specified herein s'hatl be initially issued in tlie forin of a separate single fi~lly registered Bond for each
of the maturities thereof Upon initial issuance, the ownership of each such Bond shall be registered
in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York
("DTC"), and all ofthe outstanding Bonds shall be registered in the name of Cede & Co., as nominee
of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee ofDTC, the City
and the Paying Agentmegistrar shall have no responsibility or obligation to any securities brokers and
dealers, banks, trust companies, clearing coiporations andcertain other organizations on whose behalf
DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of
securities transactions among DTC Participants or to any person on behalf of whoin such a DTC
Participant holds an interest in the Bonds. Without limiting the bnnlediatelypreceding sentence, the
City and the Paying Agentmegistrar shall have no resporlsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a
Registered Owner ofBonds, as shown on the Registration Books, of any notice with respect to the
Bonds, or (iii) the payment to any DTC Participant or any other person, other than a Registered
Owner ofBonds, as shown in the Registration Books of any amount with respect to principal of or
interest onthe Bonds. Notwithstanding any other provision ofthis Ordinance to the contrary, the City
and the Paying AgentiRegistrar shall be entitled to treat and consider the person in whose name each
Bond is registered in the Registration Books as the absolute owner ofsuch Bond for the purpose of
payment ofprincipal and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bond, and for all other purposes whatsoever. The Paying AgenttRegistrar shall
pay all principal ofand interest on the Bonds only to or upon the order of the Registered Owners, as
shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge
the City's obligations with respect to payment ofprincipal ofand interest on the Bonds to the extent
of the sum or sums so paid. No person other than a Registered Owner, as shown in the Registration
Books, shall receive a Bond evidencing the obligation of the City to make payments of principal and
interest pursuant to this Ordinance. Upon delively by DTC to the Paying Agentkegistrar of written
notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co.,
and subject to the provisions in this Ordinance with respect to interest checks being mailed to the
Registered Owner at the close ofbusiness onthe Record Date (as defined in the FORM OF BOND),
the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. The previous
execution and delivery of the Blanket Letter of Representations with respect to obligations of the
Issuer is hereby ratified and confirmed; and the provisions thereof shall be hlly applicable to the
Bonds.
Section 6. FO&M OF BONDS. That the form of all Bonds, including the foim of the
Authentication Certificate, the form of Assignment, and the form of the Comptroller's Registration
Certificate to accompany the Bonds on the initialdelively thereof, shall be, respectively, substantially
in the form set forth in Exhibit A to this Ordinance, with such appropriate variations, omissions, or
insertions as are pennitted or required by this Ordinance, and with the Bonds to be conlpleted with
infoi-mation set forth in the Purchase Contract.
Section 7. DEFINITIONS. That, as used in this Ordinance, the following ternls shall have
the meanings set forth below, unless the text hereof specifically indicates otherwise:
The term "Authorized Denomination" shall have the same meaning as set forth in Section 2(a)
hereof.
The terms "Bonds" shallmean one or more, as the case may be, ofthe City ofcollege Station,
Texas General Obligation Refunding Bonds, Series 2009, authorized to be issued by this Ordinance.
The term "Business Day" shall mean a day other than a Saturday, Sunday, a legal holiday, or
a day on which banking institutions are authorized by law or executive order to close in the City or
the city where the Designated Trust Office of the Paying AgentIRegistrar is located.
The terms "City" and "Issuer" shall mean the City of Coflege Station, Texas.
The term "Code" shall mean the Internal Revenue Code of 1986, as amended.
The term "DTC" shall mean The Depositoiy Trust Company, New York, New York.
The teim "DTC Pai-ticipant" shall mean the securities brokers and dealers, banks, trust
companies, clearing col-porations and certain other organizations on whose behalf DTC was created
to hold securities to facilitate the clearance and settlement of securities transactions among DTC
Participants.
The term "Designated Trust Office" shall have the same meaning as set forth in Section 5(a)
hereof.
The te1-m "Escrow Agent" shall mean The Bank of New York Mellon Trust Company,
National Association.
The term "Escrow Agreement" shall mean the Escrow Agreement between the City and the
Escrow Agent, executed in connection with the refinding of the Rehnded Obligations.
The tenn "Interest and Sinking Fund" shall have the meaning as set foith in Section 8(a)
hereof.
The term "MSRB" shall mean the Mnnicipal Securities Rulemaking Board.
The term "Paying AgentlRegistrar" shall have the meaning as set foi-th in Section 5(a) hereof,
The term "Rehnded Obligations" shall mean those obligations identified in Schedule I
attached to this Ordinance that are selected to be refiinded by the Pricing Officer in accordance with
Section 15(a) hereof,
The telm "Rule" shall mean SEC Rule 15c2-12, as amended fiom time to tine.
The term "SEC" shall mean the United States Securities and Exchange Comtnission.
The term "SID" shaH mean any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
infolmation depository within the meaning of the Rule fiom time to time.
The telm "Year" shall mean the regular fiscal year used by the City in connection with the
operation ofthe Systemn, which may be any twelve consecutive months period established by the City.
Section 8. LEVY OF TAX; lNTEREST AND SINKING FUND; TRANSER. (a) That
a special hnd or account, to be designated the "City ofcollege Station, Texas Series 2009 Refunding
Bonds Interest and Sinking Fund" (the "Interest and Sinking Fund") is hereby created and shall be
established and maintained by the City. The Interest and Sinking Fund shall be kept separate and
apart fiotn all other funds and accounts of the City, and shall be used only for paying the interest on
and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the
Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each
year while any ofthe Bonds are outstanding and unpaid, the governing body ofthe City shall compute
and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of the
City, with fill1 allowances being made for tax delinquencies and the cost of tax collections, which will
be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest
comes due, and to provide a sinking fund to pay the principal (including mandatory sinking fund
redemption payments, ifany) of the Bonds as such prjllcipalmatures or coines due through operation
of the mandatory sinking fund redemption, if any, but never less than 2% of the original amount of
the Bonds as a sinking fund each year. The rate and amount of ad valorem tax is hereby ordered to
be levied against all taxable property in the City for each year while any of the Bonds are outstanding
and unpaid, and the ad valorem tax shall be assessed and collected each such year and deposited to
the credit of the Interest and Sinking Fund. Ad valorem taxes necessaiy to pay the interest on and
principal ofthe Bonds, as such interest comes due and such principal matures, are hereby pledged for
such paynent, within the limit prescribed by law. There shall be appropriated fiom the General Fund
of the City for deposit into the Interest and Sinking Fund moneys as may be necessary to pay the
principal and interest payments on the Bonds scheduled to occur on or before Febixa~y 15, 2010.
(b) Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the
pledge of ad valorem taxes granted by the City under this Section, and such pledge is therefore valid,
effective, and perfected. If Texas law is amended at any time while the Bonds are outstanding and
unpaid such that the pledge of ad valorem taxes granted by the City is to be subject to the filing
requireinents of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the
registered owners of the Bonds the perfection of the security interest in said pledge, the City agrees
to take such measures as it determines are reasonable and necessaiy under Texas law to comply with
the applicable provisions of Chapter 9, Texas Business & Commerce Code and enable a filing to
perfect the security interest in said pledge to occur.
(c) The City shall do any and all things necessary to accoinplish the transfer of monies to the
Interest and Sinking Fund of this issue in ample time to pay such items ofprincipal and interest due
. on the Bonds.
Section 9. DEFEASANCE OF BONDS.
(a) Any Bond and the interest thereon sllall be deemed to be paid, retired and no longer
outstanding (a "Defeased Bond") within the meaning ofthis Ordinance, except to the extent provided
in subsection (d) of this Section, whell paynent of the principal of such Bond, plus interest thereon
to the due date (whether such due date be by reason of~naturity or othei-wise) either (i) shall have
been made or caused to be made in accordance with the tenns thereof, or (ii) shall have been provided
for on or before such due date by irrevocably depositing with or making available to the Paying
AgentIRegistrar in accordance with at1 escrow agreement or other instrument (the "Future Escrow
Agreement") for such payment (1)'lawhl nloneyof the United States ofAmerica sufficient to make
such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts
and at such times as will insure the availability, witl~out reinvestment, of sufficient inoiley lo provide
for such payment, and when proper arrangements have been made by the Issuer with the Paying
AgentRegistrar for the payment of its services until all Defeased Bonds shall have become due and
payable. At such the as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid,
such Bond and the interest thereon shall no longer be secured by, payable fiorn, or entitled to the
benefits of, the ad valoren] taxes herein levied and pledged as provided in this Ordinance, and such'
principal and interest shall be payable solely fioin such money or Defeasance Securities.
Notwithstanding any other provision ofthis Ordinance to the contrary, it is hereby provided that any
determination not to redeem Defeased Bonds that is made in conjunction with the payment
arrangements specified in subsection (a)(i) or (ii) of this Section shall not be irrevocable, provided
that: (1) in the proceedings providing for such payment arsangements, the Issuer expressly reserves
the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of that right
to the owners,ofthe Defeased Bonds immediately following the making ofthe payment arsangements;
and (3) directs that notice of the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agentmegistrar may at the written direction
ofthe Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore
set forth, and allincome fiom such Defeasance Securities received by the Paying AgentIRegistrar that
is not required for the payment ofthe Bonds and interest thereon, with respect to which such inoney
has been so deposited, shall be turned over to the Issuel; or deposited as directed in writing by the
Issuer. Any Future Escrow Agreement pursuant to which the money andlor Defeasance Securities
are held for the payment of Defeased Bonds inay contain provisions permitting the investment or
reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance
Securities uponthe satisfaction ofthe requirements specified in subsection(a)(i) or (ii) ofthis Section.
All income fiom such Defeasance Securities received by the Paying AgentIRegistrar which is not
required for the payment of the Defeased Bonds, with respect to which such money has been so
deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations ofthe United
States of America, inchtding obligations that are unconditionally guaranteed by the United States of
America., (ii) noncallable obligations of an agency or instrumentality ofthe United States ofAmerica,
including obligations that are unconditionally guaranteed or insured by the agency or instru~nentality
and that, on the date of the purchase thereof are rated as to investment quality by a nationally
recognized investment rating hnot less than AAA or its equivalent, and (iii) noncallable obligations
of a state or an agency or a county, municipality, or other political subdivision of a state that have
been refiinded and that, on the date the gove~ning body of the Issuer adopts or approves the
proceedings authorizing the hancial arrangements are rated as to investment quality by a nationally
recognized investment rating fim not less than AAA or its equivalent.
(d) Until allDefeased Bonds shall have become due and payable, the Paying AgentIRegistrar
shall perforinthe services ofpaying AgentfRegistrar for such Defeased Bonds the same as if they had
not been defeased, and the Issuer shall make proper arangeinents to provide and pay for such
seivices as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all ofthe principal amount ofBonds
of a maturity, the Paying AgentRegistrar shall select, or cause to be selected, such amount of Bonds
by such ra~~dom method as it deems fair and appropriate.
Section 10. FUNDS SECURED. That norl ley in all Funds created by this Ordinance, to the
extent not invested, shall be secured in the manner prescribed by law for securing funds of the City.
Section 1 1. AMENDMENT OF ORDINANCE. The City hereby reserves the right to
amend this Ordinance subject to the following terms and conditions, to-wit:
(a) The City may fiorn time to time, without the consent of any holder, except as otherwise
required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any
ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests
of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of
default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially
adversely affect the interests of the holders, (iv) qualify this Ordinance under the Ti-ust Indenture Act
of 1939, as amended, or correspoi~ding provisions of federal laws fiom time to time in effect, or (v)
make such other provisions in regard to ~natters or questions arising u~lder this Ordinance as shall not
be inconsistent with the provisions of this Ordinance and that shall not in the opinion of nationally
recognized bond counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Bonds aggregating a majority
in aggregate principal amount of then outstanding Bonds that are the subject of a proposed
amendment shall have the light fiom time to tine to approve any amendment hereto that may be
deemed necessaiy or desirable by the City; provided, however, that without the consent of 100% of
the holders in aggregate principal amount of the then outstanding Bonds, nothing herein contained
shall pe~mit or be consti-ued to permit amendment of the terms and conditions of this Ordinance or
it1 any of the Bonds so as to:
(I) Make any change in the maturity of any of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premnium, if any, payable
on any outstanding Bonds;
(4) Modifj the terms of paynlent of principal or of interest or redemption premium
on outstanding Bonds or any of thetn or impose any condition with respect to such paynlent;
or
(5) Change the minimum percentage of the principal ainount of the Bonds necessary
for consent to such amendment.
(c) If at any time the City shalI desise to amend tllis Ordinance under this Section, the City
shall send by United States mail, fist-class, postage prepaid, to eachregistered owner of the affected
Bonds a copy of the proposed amendment. Such notice shall briefly set forth the nature of the
proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for
inspecti011 by all holders of such Bonds.
(d) Whenever at any the within one year £tom the date of mailing of such notice the City
shall receive an instrument or instruments executed by the holders of at least a majority in aggregate
principal amount of all of the Bonds then outstanding that are required for the amendment, which
instrument or instruments shall consent to and approve such amendment, the City may adopt the
amendment in substantially the same folm.
(e) Upon the adoption of any amendatoly Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatoly Ordinance, and the respective rights, duties, and obligations of the City and all holders
of such aRected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects
to such amendment.
(f) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall
be irrevocable for a period of six months fiom the date of such consent, and shall be conclusive and
binding upon all fbture holders of the same Bond during such period. Such consent may be revoked
at any time after six months from the date of such consent by the holder who gave such consent, or
by a successor in title, by filing notice with the City, but such revocation shallnot be effective ifthe
holders of a majority in aggregate principal amount of the affected Bonds then outstanding, have,
prior to the attempted revocation, consented to and approved the amendment.
For the pusposes of establishing ownership of the Bonds, the City shall rely solely upon the
registration of the ownership of such Bonds on the registration books kept by the Payitig
AgentIRegistrar.
Section 12. DAMAGED, IMUTILATED, LOST, STOLEN ORDES'rROYED BONDS.
(a) That in the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the
Paying AgentIRegistl-ar shall cause to be printed, executed, and delivered, a new Bond of the same
principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed
Bond, in replacement for such Bond in the manner hereinafter provided.
(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds
shall be made to the Paying AgentIRegistl-as. In evely case of loss, theft, or destl~~ction of a Bond,
the applicant for a replacement bond shall furnish to the City and to the Paying AgentIRegistrar such
security or indemnity as may be required by then1 to save each of them halmless fi-om any loss or
damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the
applicant shall fnrnish to the City and to the Paying AgentIRegistrar evidence to theis satisfaction of
the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or
mutilation of a Bond, the applicant shall surrender to the Paying Agentmegistrar for caiicel1ation the
Bond so damaged or mutilated.
(cj Notwithstanding the foregoing provisions of this Section, in the event any such Bond
shall have matured, and no default has occurred which is then continuing in the payment of the
principal of, redemptionpreiniurn, ifany, or uderest on the Bond, the City may authorize the payment
of the same (without sursender thereof except in the case of a damaged or mutilated Bond) instead
of issuing a replacement Bond, provided security or indemnity is hi-nished as above provided in this
Section.
(d) Prior to the issuance ofanyreplaceinent bond, the Paying AgentRegistrar shall charge
the owner of such Bond with all Iegal, printing, and other expenses in connection therewith. Every
replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond
is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether the lost,
stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled
' to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly
issued under this Ordinance.
(e) In accordance with Chapter 1206, Texas Government Code, pai-ticularly Subchapter
B thereof, this Section of this Ordinance shall constitute authority for the issuance of any such
replacement bond without necessity of fi~rther action by the goveining body of the City or any other
body or person, and the duty of the replacement of such bonds is hereby authorized and imposed
upon the Paying Agent/Registral; and the Paying Agent/Registrar shall authenticate and deliver such
bonds in the form and manner and with the effect, as provided in Section 5 of this Ordinance for
Bonds issued in exchange for other Bonds.
Section 13. TAX COVENANTS. (a) The Issuer covenants to take any action necessaly
to assure, or refrain fiom any action that would adversely affect, the treatment of the Bonds as bonds
described in section 103 oftheInteina1 Revenue Code of 1986, as amended (the "Code"), the interest
on which is not includable in the "gross income" of the holder for purposes of federal income
taxation. In furtherance thereof, the Issuer covenants as follows:
(I) to take ally action to assure that no more than 10 percent of the proceeds of the
Bonds (less amounts deposited to a reserve hnd, if any) are used for any "private business
use," as defined in sectiori 14 1 (b)(6) of the Code or, if more than 10 percent of the proceeds
or the projects financed or refinanced therewith (the "Projects") are so used, such amounts,
whether received by the Issuer, with respect to such private business use, do not, under the
teims of this Ordinance or any unclerlyitig arrangement, directly or indirectly, secure or
provide for the payment of more than 10 percent of the debt service on the Bonds, in
contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" that is "related" and not
"dispropol-tionate," within the meaning ofsection 141(b)(3) ofthe Code, to the goveinmental
use;
(3) to take any action to assure that no amount that is greater than the lesser of
$5,000,000, or 5 percent ofthe proceeds ofthe Bonds (less amounts deposited into a resellre
fimd, ifany) is directly or indirectlyused to fmailce loans to persons, other than state or local
goveinmental units, in contravention of section 14I(c) of the Code;
(4) to refiain fiom taking any action that would othei~vise result in the Bonds being
treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain froin taking any action that would resuit in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refiain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace hnds that were used, directly or indirectly, to acquise
investment property (as defined in section 148(b)(2) of the Code) that produces a materially
higher yield over the term of the Bonds, other than investment property acquired with -
(A) proceeds of the Bonds invested for a reasonable temporaly period of 3
years or less or, in the case of an advance refiinding bond, for a period of 30 days or
less until such proceeds are needed for the purpose for which the bonds are issued,
and in the case of a current rehnding bond, for a period of 90 days or less,
(B) amounts invested in a bona fide debt service fiind, within the meaning of
section 1.148-1 (b) of the Treasliy Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement
fiind to the extent such amounts do not exceed 10 percent of the proceeds of the
Bonds;
(7) to otheiwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessaiy, so that the Bonds do not otheiwise contravei~e
the requirements of section 148 of the Code (relating to arbitrage) and, to the extent
applicable, section 149(d) of the Code (relating to advance refkndings); and
(8) to pay to the United States of America at least once during each five-year period
(beginning on the date ofdelivery of the Bonds) an amount that is at least equal to 90 percent
of the "Excess Earnings," within the nleanit~g of section 148(f) of the Code and to pay to the
United States of America, not later than 60 days after the Botlds have been paid in fiill, 100
percent of the amount then required to be paid as a result of Excess Earnings under section
148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)@), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and
such Fund shall not be subject to the claim of any other person, including without limitation the
Bondholders. The Rebate Fund is established for the additiorlal pui-pose of con~pliance with section
148 of the Code.
(c) Use ofproceeds. For purposes of the foregoing covenants (a)(l) and (a)(2), the Ismter
understands that the tern1 "proceeds" includes "disposition proceeds" as defined in the Treasury
Regulations and, in the case of refbnding bonds, transferred proceeds (if any) and proceeds of the
Refunded Obligations expended prior to the date of issuance of the Bonds. It is the understanding
of the Issuer that the covenants contained herein are intended to assure compliance with the Code and
any segulations or rulings promulgated by the U.S. Department of the Treasurypursuant thereto. In
the event that regulations or rulings are hereafter promulgated that modify or expand provisions of
the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant
contained herein to the extent that such failure to comply, in the opinion of nationally recognized
bond counsel, will not adversely affect the exemption fiom federal income taxation of interest on the ,
Bonds under section 103 of the Code. In the event that regulations or iulings are hereafter
proinulgated that iinpose additional requirements applicable to theBonds, the Issuer agrees to comply
with the additional requirements to the extent necessary, in the opinion ofnationally recognized bond
counsel, to preserve the exemption fiom federal income taxation of interest on the Bonds under
section 103 of the Code. In hrtherance of such intention, the Issuer hereby authorizes and directs
the Mayor, the Pricing Officer and the Chief Financial Officer of the City, acting severally but not
jointly, to execute any documents, certificates or repoi-ts required by the Code and to make such
elections, on behalf of the Issuer, that may be peimitted by the Code as are consistent with the
purpose for the issuance of the Bonds.
(d) Disposition ofproject. The Issuer covenants that the Project willnot be sold or otherwise
disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless
the Issuer obtains an opinion ofnationally-recognized bond counsel that such sale or other disposition
will not adversely affect the tax-exempt status of the Bonds. For purposes of the foregoing, the
portion of the property comprising personal property and disposed in the ordinaiy course shall not
be treated as a transaction resulting in the receipt of cash or other compensation. For purposes
hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that
such failure to comply will not adversely affect the excludability for federalincome tax proposes fiom
gross incoine ofthe inte~est.
Section 14. CONTINUING DISCLOSURE UNDERTAKIIVG. (a) Annual Reports. (i)
The City shall provide annually to the MSRB, in an electronic foimat as prescribed by the MSRB,
with six months after the end of each fiscal year ending in or after 2010, financial information and
operating data with respect to the City ofthe general type included in the final Oficial Statement
authorized by Section 2(d)of this Ordinance, being the informatio~l described in Exhibit B hereto.
Any fmancial statements so to be provided shall be (1) prepared in accordance with the accounting
principles described in Exhibit B hereto, or such other accounting principles as the City may be
required to employ l?o~n tine to time pursuant to state law or regulation, and (2) audited, ifthe City
co~nrnissions an audit of such statements and the audit is completed within the period during which
they must be provided. If the audit of such financial statements is not complete within such period,
then the City shall provide unaudited hancial statements by the required time, and shall provide
audited financial statements for the applicable fiscal year to the TVISRB, when and if the audit report
on such statements become available.
(ii) If the City changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the City othelwise would be required to
provide financial information and operating data pursuant to this Section. The financial information
and operating data to be provided pursuant to this Section may be set forth in fill1 in one or more
documents or may be included by specific reference to any document that is available to the public
on the MSRB's inteinet website or filed with the SEC. AIl documents provided to the MSRB
pursuant to this Section shall be accompanied by ident@ing information asprescribed by the MSKB.
(b) Material Event Notices. The City shall notify the MSRB in an electronic foi~nat as
prescribed by the MSm, in a timely manner, of any of the following events with respect to the
Bonds, if such event is inaterial within the meaning ofthe federal securities laws:
Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on debt service resei-ves reflecting financial difficulties;
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
Modifications to rights of holders of the Bonds;
Bond calls;
Defeasances;
Release, substitution, or sale of property securing repayment of the Bonds; and
Rating changes.
The City shall not@ the MSRB, in a timely manner, of any failure by the City to provide financial
infoimation or operating data in accordance with subsection (a) of this Section by the time req~~ired
by such st~bsection.
(c) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe
and perforin the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Bonds within the meaning ofthe Rule, except that
the City in any event will give notice of any deposit made in accordance with this Ordinance or
applicable law that causes Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit
or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes
to provide only the financial information, operating data, financial statements, and notices which it
has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide
any other hfolmation that may be relevant or mateiial to a complete presentation of the City's
financial results, condition, or prospects or hereby undertake to update any infostnation provided in
accordance with this Section or othelwise, except as expressly provided herein. The City does not
make any representation or wailanty concerning such infolmation or its usefulness to a decision to
invest in or sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTEED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FORDAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCHBREACH SHALL BE LIMITEDTO AN ACTIONFORMANDAMUS ORSPECIFIC
PERFORMANCE.
(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under this Ordinance for puiposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or othellvise limit the
duties of the City under federal and state securities laws.
(v) Should the Rule be amended to obligate the City to make filings with or provide notices
to entities other than the MSRB, the City hereby agrees to undertake sucll obligation with respect to
the Bonds in accordance with the Rule as amended. The provisions of this Section may be amended
by the City kom time to time to adapt to changed circumstances that arise fiom a change in legal
requiirements, a change in law, or a change in the identity, nature, status, or type ofoperations of the
City, but only if (1) the provisions of this Section, as so amended, would have permitted an
underwriter to purchase or sell Bonds in the prilnaly offering of the Bonds in compliance with the
Rule, taking into account any amendments or interpretations of the Rule since such offering as well
as such changed ckcutmstances and (2) either (a) the registered owners of a majority in aggregate
principal amount (or any greater amount requised by any other provision of this Ordinance that
authorizes such an amendment) ofthe outstanding Bonds consent to such amendment or (b) a person
that is unaffiliated with the City (such as nationally recognized bond counsel) detei7nined that such
amendment will not materially impair the interest of the registered owners and beneficial owners of
the Bonds. If the City so amends the provisions of this Section, it shall hdude with any amended
financialinformationor operating data next provided in accordance with subsectioa(b) ofthis Section
an explanation, in narrative form, of the reason for the amendment and of the hnpact of any change
in the type of financial infonnation or operating data so provided. The City may also amend or repeal
the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule
are invalid, but only if and to the extent that the provisiol~s of this sentence would not prevent an
undenvriter from lawfullypurchasing or selling Bonds in the primary offering of the Bonds.
Section 15. REFUNDING. That the City hereby finds that the issuance ofthe Bonds for the
purpose of refunding the Refunded Obligations to realize a net present value savings is a public
puspose. As a condition to the issuance of the Bonds, the refunding of the aggregate principal
amount of the Refunded Obligations must produce (i) a net present value savings, calculated in
accordance with GASB Statement No. 7, of at least five percent (5%), and (ii) a positive gross
savings. The principal amount of Bonds, if any, issued to refund Refunded Obligations, and the
Refiinded Obligations to be refunded, shall be specifically identified in the Purchase Contract. The
Pricing Officer may elect not to refund any or all of the obligations listed in Schedule I, but in no
event shall the Bonds be issued for the purpose of refi~nding Refi~nded Obligations if the refunding
of the aggregate principal amount of the obligations selected for refunding does not result in the
realization of the minimum savings threshold establislzed in this Section. Should Bonds be sold for
the pui-pose of refunding the Refi~nded Obligations, on or before the date of delivery of the Bonds
the Pricing Officer of the City shall execute and deliver to the City Council a certificate stating that
the savings thresholds herein established have been realized. This certificate shall specifically state
both the net present vaIue savings and the gross savings realized by the City as a result of refi~nding
the Rehnded Obligations. The dete~mination of the Pricing Officer relating to the issuance and sale
of Bonds to refi~nd Refunded Obligations in such principal amount as provided in the Purchase
Contract shall have the same force and effect as if such determination were made by the City Council.
Section 16. DEFAULT AND FWMEDIES. (a) Events of Default. Each of the following
occurrences or events for the purpose of this Ordinance is hereby declared to be an Event ofDefault:
(i) the failure to make payment of the principal of or interest on any of the Bonds
when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the City, the failure to perforin which mnaterially, adversely affects the rights of
the registered owners ofthe Bonds, including, but not limited to, their prospect or ability to
be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60
days after notice of such default is given by any registered owner to the City.
(b) Remedies for Default. (i) Upon the happening ofany Event ofDefault, then and in evely
case, any registered owner or an authorized representative thereof, including, but not limited to, a
tiustee or trustees therefor, may proceed against the City, or any official, officer or employee of the
City in their official capacity, for the purpose of protecting and enforcing the rights of the registered
owners under this Ordinance, by lnandalllus or other suit, action or special proceeding in equity or
at law, in any court of competent jurisdiction, for any reliefpermitted by law, inchding the specific
performance ofany covenant or agreelnent contained herein, or thereby to enjoin any act or thing that
may be unlawhl or iz violation of any right of the registered owners hereunder or any combination
of such remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all registered owners of Bonds then outstanding.
(c) Remedies Not Exchisive. (i) No remedy herein conferred or reserved is intended to be
exclusive of any other available remedy or remedies, but each and every such reinedy shall be
cumulative and shall be in addition to eveiy other reinedy given hereunder or under the Bonds or now
or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision
of this Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a
remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available reinedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, such
registered owner agrees that the certifications required to effectuate any covenants or
represelltations contained in this Ordinance do not and shall never constitute or give rise to
a personal or pecuniary liability or charge against the officers, employees or members of the
City or the City Council.
(iv) None ofthe members of the City Council, nor any other official or officer, agent,
or employee of the City, shall be charged personally by the registered owners with any
liability, or be held personally liable to the registered owners under any teiln or provision of
this Odinance, or because of any Event of Default or alleged Event of Default under this
Ordinance.
Section 17. APPROVAL AND REGISTRATION OF BONDS. That the City Manager
of the City is hereby authorized to have control of the Bonds and all necessaiy records and
proceedings pertaining to the Bonds pending their delivery and their investigation, examination and
approval by the Attorney General of the State ofTexas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller ofpublic
Accounts (or a deputy designated in writing to act therefor) shall manually sign the Comptroller's
Registration Certificate set forth in the FOm1 OF BOND. The Bonds thus registered shall remain
in the custody of the City Manager (or the designee thereof) until delivered to the U~zdeiwitel.~.
Section 18. FURTHER PROCEDURES. That the City Manager, the Chief Fir~ancial
Officer of the City, any Assistant City Manager, and all other officers, employees, and agents of the
City, and each of thein, shall be and they are hereby expressly authorized, empowered, and directed
fiom time to time and at any time to do and perforin all such acts and things and to execute,
acknowledge, and deliver in the name and under the corporate seal and on behalf of the City all such
instruments, whether herein mentioned, as may be necessary or desirable in order to carry out the
terms and provisions of this Ordinance, and the sale and delivery of the Bonds and fixing all details
in connection therewith. In addition, the City Council hereby deteimhes that the Refilnded
Obligations so identified in the Purchase Contract shall be called for redemption on the redeinption
date or dates set forth in Schedule 1, at the applicable redemption price to the date f~xed for
redemption as provided in Schedule I. The City Manager or the designee thereof shall take such
actions as are necessary to cause the required notice of redemption to be given in accordance with
the terms ofeach ordinance for the Reknded Obligations called for redemption. Should a municipal
bond insurance policy be obtained insuring the payment of debt service on all or any portion of the
Bonds, it is hereby authorized that a statement of insurance provided by the bond insurer may be
printed on the Bonds so insured. The City Council hereby authorizes the payment of the fee of the
Office of the Attorney General of the State of Texas for the exa~nination of the proceedings relating
to the issuance of the Bonds, in the amount detelmined in accordance with the provisions of Section
1202.004, Texas Govesnment Code.
Section 19. USE OF PROCEEDS. That the proceeds representing accrued interest on the
Bonds shall be deposited to the credit of the Interest and Sinking Fund. Proceeds representing
premium, if any, paid by the Undenvriters in connection with the sale of the Bonds may be used for
any purpose authorized by Section 120 1.042(d), Texas Govemnent Code, including specificalIy, but
not by way of limitation, in corlnection with the reknding of Rehnded Obligations. The City shall
cause to be deposited with the Escrow Agent, fioin the proceeds from the sale ofthe Bonds and other
available moneys of the City, an amount sufficient to provide for the refiinding of the Refbnded
Obligations in accordance with Chapter 1207 and the teilns of the Escrow Agreement.
Section 20. ESCROW AGREEMENT. That the City Manager or the Chief Financial
Officer of the City, and the City Secretary are hereby authorized, for and on behalf of the City, to
execute, attest and deliver the Escrow Agreement to acconlplish the establishing of fi14in banking
an-angeinents in connection with the refunding of the Refiinded Obligations, in substantially the form
and substance attached to this Ordinance, with such changes as the Pricing Officer deems necessary
to effect the sale of the Bonds.
Section21. PREAMBLE. That the preamble to this Ordinance is incorporated by reference
and made a past hereof for all puiposes.
Sectio1122. RULES OF CONSTRUCTION. For all purposes ofthis Ordinance, unless the
context requires otherwise, all references to designated Sections and other subdivisions are to the
Sections and other subdivisions of this Ordinance. The words "herein", "hereof" and "hereunder"
and other words ofsjlnilar import refer to this Ordinance as a whole and not to any particular Section
or other subdivision. Except where the context othenvise requires, terms defined in this Ordinance
to impart the singular number shaH be considered to include the plural number and vice versa.
References to any named person lneans that party and its successors and assigns. References to any
constitutional, statiitoly or regiilatoiy provision means such provision as it exists on the date this
Ordinance is adopted by the City and any kti~re amendments thereto or successor provisions thereof
Any reference to "FORM OF BOND" shall refer to the forin of the Bonds set forth in Exhibit A to
this Ordinance.
Section 23. IMMEDIATE EF'FECT. That this Ordinance shall be effective immediately
from and after its passage in accordance with the provisions of Section 120 1.028, Texas Government
Code.
PASSED AND APPROVED ON
City Secretary, City of College Station, Texas Mayor, City of College Station, Texas
(CITY SEAL,)
APPROVED:
McCall, Parkhurst & Horton L.L.P., Dallas, Texas
Bond Counsel
SCHEDULE I
SCHEDULE OF mFUNDED OBLIGATIONS
General ObIiaation Imorovernei~t Bonds. Series 1998
Maturity Date Interest Par Call
Febi-uary 15 Rate Amount Date*
2010 4.750% $360,000 12/29/2009
General Obligation Inlprovement Bonds, Series 1999
Maturity Date Interest Par
February 15 Rate Amom t
201 1 4.300% $385,000
2012 4.400% 400,000
2013 4.500% 420,000
2014 4.600% 440,000
2015 4.650% 460,000
2016 4.700% 485,000
20 17 4.750% 510,000
CaIl
Date*
General Obligation Itn~rovement Bonds. Series 2000
Maturity Date Interest Par Call
February 15 Rate Amount Date*
2010 5.150% $420,000 2/15/2010
Certificates of Obligation. Series 2000A
kIaturity Date
February 15
201 1
2012
2013
2014
2015
2016
2017
2018
2019
2020
Interest
Rate
-
4.900%
5.000%
5.100%
5.200%
5.250%
5.300%
5.400%
5.500%
5.500%
5.500%
Par
Amount
Call
Date*
2/15/2010
2/15/2010
2/15/2010
211 5/20 10
2/15/2010
2/15/2010
2/15/20 10
21 151201 0
2/15/2010
21 151201 0
* Prelinlinary; subject to change. The specific call date for each series of Refinded Obligations
shall be as set forth in the Purchase Contract.
Exhibit A
FORiiI OF BOND:
NO. R-
UNITED STATES OF AMERICA
STATE OF TEXAS
BRAZOS COUNTY
CITY OF COLLEGE STATION, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2009
TNTEREST RATE ORIGINAL ISSIJE: DATE MATURITY DATE CUSIP NO.
ONTHE MATURITY DATESPECIFIED ABOVE, THE CITY OFCOLLEGE STATION,
inBrazos County, Texas (the "City"), herebypronlises to pay to ,
or the registered assignee hereof (either being hereinafter called the "registered owner") the principal
amount of
and to pay interest thereon, from the original issue date of this Bond specified above, to the date of
its scheduled maturity or the date of its redemption prior to scheduled maturity, at the rate of interest
pel. annutnspecified above, with said interest being payabIe on February 15,20--, and semiannually
on each August 15 and February 15 thereafter, except that if the Paying Agent/Registrar9s
Authenticationcertificate appearing on the face ofthis Bond is dated later thanFebruary 15,20-,
such interest is payable semiannually on each August 15 and Februaiy 15 following such date.
THE PNNCLPAL OF AND INTEREST ON this Bond are payabIe lawful money of the
United States of America, without exchange or collection charges. The principaI of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or
upon the date fured for its redemption prior to maturity, at the designated corporate trust office in
Dallas, Texas (the "Designated Tnist Office"), of The Bank of New York MelIon Tiust Company,
National Association, which is the "Paying Agent/RegistrarU for this Bond. The payment of interest
on this Bond shall be made by the Paying AgentlRegistrar to the registered owner hereof as shown
by the "Registration Books" kept by the Paying AgentIRegistrar at the close of business on the
Record Date (hereinafter defined) by check drawn by the Paying Agent/Registrar on, and payable
solely eomn, hnds of the City required to be on deposit with tlie Paying Agentmegistrar for such
purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by
United States maiI, &st-class, postage prepaid, on each such interest payment date, to the registered
owner hereof at its address as it appears on the Registration Books kept by the Paying
Agentmegistrar, as hereinafter described, or by such other method, acceptable to the Paying
AgentRegistrar, requested by, and at the risk and expense of, the registered owner. Therecord date
("Record Date") for the interest payable on any interest payment date means the last business day of
the preceding month. In the event of a non-payment of interest on a scheduled payment date, and for
30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be
establisl~ed by the Paying AgentIRegistrar, if and when hnds for the payment of such interest have
been received &om the City. Notice of the Special Record Date and of the scheduled payment date
of the past due interest (the "Special Payment Date", which shall be 15 days after the Special Record
Date) shall be sent at least five business days prior to the SpecialRecord Date by United States mail,
first-class, postage prepaid, to the address ofeach registered owner ofa Bond appearing on the books
of the Paying Agentkegistsar at the close ofbusiness on the last business day next preceding the date
of mailing of such notice. The City covenants with the registered owner of this Bond that no later
than each principal payment date and interest payment date for this Bond it will make available to the
Paying Agentmegistrar the amounts required to provide for the payment, in immediately available
funds, ofall principal of and interest on the Bonds, whendue, in the manner set forth in the ordinance
authorizing the issuance of the bonds (the "Ordinance").
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions are authorized by law or executive
order to close in the city where the Designated Trust Ofice ofthe Paying AgenttRegistrar is located,
then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday,
legal holiday, or day on which banking institutions are authorized to close; and payment on such date
shall have the saine force and effect as if made on the original date payment was due.
Nohvithstanding the foregoing, during any period in which ownership of the bonds of this Series is
determined only by a book entry at a secudties depositoly therefor, any payment to the securities
depository, or its nominee or registered assigns, shall be made in accordance with existing
arrangements between the City and the securities depository.
THIS BOND is one of a Series of bonds of like tenor and effect except as to denomination,
number, maturity, interest rate and right of prior redemption, dated ,2009, issued in the
aggregate principal amount of $ for the purpose of refunding the "Refunded
Obligations" as defined in the Ordinance. All Bonds of this Series are issuable solely as fi~lly
registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000
(an "Authorized Denomination").
THE BONDS of this Series scheduled to mature on and after 15, 20- may be
redeemed prior to their scheduled maturities, in whole or in pai-t, in principal amounts of $5,000 or
any integral multiple thereof, at the option of the City, on 15, 20-, or on any date
thereafter, at the redeixption price of par plus accrued interest to the date fixed for redemption. If
less than all of the Bonds are to be redeemed by the City, the City shall deteimine the maturity or
maturities and the principal amounts thereof to be redeemed and shall direct the Paying
Agentmegistrar to call by lot Bonds, or portions thereof, within such maturity or maturities and in
such principal amounts, for redemption; provided, that during any period in which ownership of the
Bonds is determined only by a book ently at a securities depository for the Bonds, if fewer than all
of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the
particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with
the arrangements between the City and the securities depository.
[THE BONDS scheduIed to mature on February 15 in the years (the "Tenn
Bonds") are subject to scheduled mandatoly redemption by the Paying Agent/Registrar by lot, or by
ally other customaiy method that results in a randoin selection, at a price equal to the principal
amount thereof, plus accrued interest to the redemption date, out of moneys available for such
purpose in the interest and sinking fund for the Bonds, on the dates and it1 the respective principal
amounts, set forth in the following schedule:
Year Principal Amount
* Final Maturity
The principal amount of TerrnBonds of a stated maturity required to be redeemed on any mandatoiy
redemption date pursuant to the operation ofthe mandatory sinking fund redemption provisions shall
be reduced, at the option of the City, by the principal amount of any Teim Bonds of the same
maturity which, at least 50 days prior to a mandatory redemption date (1) 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 ofpurchase thereof, and delivered to the Paying AgentIRegistrar for cancellation, (2) shall
have been purchased and canceled by the Paying AgenttRegistrar at the request of the City at a price
not exceeding the principal amount ofsuch TelmBonds ph~s acciued interest to the date ofpurchase,
or (3) shall have beell redeemed pursuant to the optional redemption provisions and not theretofore
credited against a mandatory redeinption requireinent.]"
AT LEAST 30 days prior to the date futed for ally such redemption, (i) a written notice of
such redemption shall be given by the Paying AgentIRegistrar to the registered owner of each Bond
or a portion thereofbeing called for redemption by depositing such notice in the United States mail,
first-class, postage prepaid, addressed to each such registered owner at his address shown on the
Registration Books of the Paying AgentIRegistrar and (ii) a notice of such redeinption shall be
published one time in a financial journal or publication of general circulation in the United States of
America or the State, of Texas carlying as a regular feature notices of mnt~~licipal bonds called for
redemption; provided, however, that the failure to send, mail or receive such notice described in (i)
above, or any defect therein or in the sending or inaiIing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Bond, and the publication of notice as
describedin (ii) above shall be the only notice actuallysequired inconnection with or as a prerequisite
to the redemption of any Bonds. By the date fixed for any such redemption due provision shall be
made by the City with the Paying AgentIKegistrar for the payment of the required redemption price
for this Bond or the portion hereof wvhich is to be so redeemed, plus accrued interest thereon to the
date fixed for redemption. If such notice of redeinption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion hereof wvhich is to be so redeemed,
thereby autonlatically shall be redeemed prior to its scheduled maturity, and shall not bear interest
after the date fixed for its redemption, and shall not be regarded as being outstanding except for the
right of the registered owner to receive the redemption price plus accrued interest to the date fured
for redemption fiom the Paying AgentIRegistrar out of the hnds provided for such payment. The
Paying AgentIRegistrar shall record in the Registration Books all such redemptio~is ofprincipal of
this Bond or any portion hereof. If a portion of this Bond shall be redeemed a substitute Bond or
Bonds having the same maturity date, bearing interest at the same rate, in any Authorized Denorni-
nation, at the written request of the registered owner, and in aggregate principal amount equal to the
umedeemed portion thereof, will be issued to the registered owner upon the surrender hereof for
cancellation, at the expense of the City, all as provided in the Ordinance.
AS PROVIDED IN THE ORDNANCE, this Bond, or any unredeemed portion hereof, may,
at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred,
and exchanged for a like aggregate principal amount of klly registered bonds, without interest
coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be,
having the same maturity date, and bearing interest at the same rate, in any Authorized Denoinination
as requested in writing by the appropriate registered ownel; assignee, or assignees, as the case may
be, upon sul~ender of this Bond to the Paying AgentIRegistrar at its Designated Trust Office for
cancellation, allinaccordance with the folmand procedures set forth in the Ordinance. Among other
requirements for such assignment and transfer, this Bond must be presented and surrendered to the
Paying AgentiRegistrar, together with proper instruments of assignment, in form and with guaratitee
of signatures satisfactory to the Paying AgentIRegistrar, evidencing assignment ofthis Bond or any
portion or pol-tions hereof in any Authorized Denomination to the assignee or assignees in whose
name or names this Bond or any such portion or portions hereof is or are to be transferred and
registered. The form of Assignment printed or endorsed on this Bond lnay be executed by the
registered owner to evidence the assignment hereof, but such method is not exclusive, and other
instruments of assignment satisfactory to the Paying AgentlRegistrar may be used to evidence the
assignment ofthis Bond or any portion or portions hereof fiom time to time by the registered owner.
The City shall pay the Paying Agent/Registrarts reasonable standard or customary fees and charges
for transferring, converting and exchanging any Bond or portion thereoi", provided, however, that any
taxes or governmental charges required to be paid with respect thereto shall be paid by the one
requesting such transfer, conversion and exchange. In any circumstance, neither the City nor the
Paying AgentiRegistrar shall be required (1) to make any transfer or exchange during a period
beginning at the opening of business 15 days before the day of the first inailing of a notice of
sedemption of bonds and ending at the close ofbusiness on the day ofsuch mailing, or (2) to transfer
or exchange any Bonds so selected for redemption when such redemption is scheduled to occur
within 30 calendar days; provided, however, such litnitation shall not be applica'ble to an exchange
by the registered owner of the uncalled principal balance of a Bond.
WHENEVER the beneficial ownership of this Bond is deteimined by a book ent~y at a
securities depositoiy for the Bonds, tile foregoing recluieinents of holding, delivering or transferring
this Bond shall be modified to require the appropriate person or entity to meet the requkements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying AgentiRegistrar for the Bonds is changed by the City, resigns,
or otherwise ceases to act as such, the City has covenanted in the Ordinance that it promptly will
appoint a competent and legally quatifed substitute therefor, and proinptly will cause written notice
thereof to be mailed to the registered owners of the Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all ofthe tenns and provisions oftlie Ordinance, agrees to be bound by such terms and
provisions, acknowledges that the Ordinance is duly recorded and available for inspection in the
official minutes and records of the City, and agrees that the terirls and provisions of this Bond and
the.Ordinance constitute a contract between each registered owner hereof and the City.
IT IS HEREBY CERTIFIED AND REClTED that the issuance ofthis Bond, and the series
of which it is a part, is duly authorized by law; that all acts, conditions and things required to be done
precedent to and in the issuance of this series of bonds, and of this Bond, have been properly done
and performed and have happened in regular and due time, forin and manner as required by law; that
sufficient and proper provision for the levy and collection of ad valorem taxes has been made, which,
when collected, shall be appropriated exclusively to the payment of this Bond and the series ofwhich
it is a part; and that the total indebtedness of the City of College Station, Texas, including the entire
series ofbonds of which this is one, does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF, the City has caused this Bond to be signed by the manual or
facsimile signature of the Mayor of the City and countersigned by the manual or facsimile signature
of the City Secretary of the City, has caused the official seal of the City to be duly impressed, or
placed in facsimile, on this Bond.
lWOLY XXXXX
City Secretary, City of College Station, Texas Mayor, City of College Station, Texas
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYIIYG AGENTIREGISTFUR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the proceedings
adopted by the Issuer as described in the text of this Bond; and that this Bond has been issued in
conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of
anissue which originally was approved by the Attorney General ofthe State of Texas and registered
by the Co~nptroller of Public Accounts of the State of Texas.
Dated: The Bank ofNew York MellonT~ust Company, N.A.,
Paying AgentlRegistrar
Authorized Representative
(FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF ONLY)
OFFICE OF COMPTROLLER
STATE OF TEXAS
REGISTER NO.
I liereby ce12ify that this Bond has been examined, certified as to validity, and approved by
the Attolney General of the State ofTexas, and that this Bond has been registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS MY HAND and seal of office at Austin, Texas this
(SEAL)
Comptroller of Public Accounts of
the State of Texas
FORIv1 OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto:
Please insert Social Security or Taxpayer Idenfijlcafion ~V~mlber of Transferee
Please print or type name n?td address, i1zcludill.g zl'p code of Transferee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints:
, attorney, to register the transfer of the within Bond
on the books kept for registration thereof, with fill1 power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an NOTICE: The signature above must correspond
eligible guarantor institution participating in a with the name of the registered owner as it
securities transfer association recognized appears upon the fiont of this Bond in every
signature guarantee program. particular, without alteration or enlargement or
any change whatsoever.
The printer of tlie Bonds is hereby authorized to print on the Bonds (i) the form of bond counsel's
opinion relating to the Bonds, and (ii) an appropriate statement ofinsl~rance fi~rnished by a municipal.
bond insurance cornnpany providing municipal bond insurance, if any, covering all or any part of the
Bonds.
*Inserted and coinpleted iftenn bonds are sold, as provided in the Purchase Contract.
EXHLBIT B
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The followitlg information is refened to in Section l4of this Ordinance.
Annual Pinancial Statements and Operating Data
The financial information and operating data with respect to the City to be provided annually
in accordance with such Section are as specified below (and included in the Appendix or under the
headings of the Official Statement refelred to):
1. The "Audit Report" for the most recently concluded fiscal year.
2. The information included in the Official Statement under the following captions, but for
the most recently concluded fiscal year: Tables 1 through 6, 8 though 14 and Appendix B.
Accounting Principles
The accounting principles refered to in such Section are the accounting principles described
in the notes to the firiancial statements refened to in paragraph 1 described above, as such principles
may be changed fiom time to time to comply with state law or regulation.
October 19, 2009
Regular Agenda Item No. 9
Real Estate Contract for the Purchase of 204 - 220 Holleman Drive East
To : Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding the approval of a
Real Estate Contract for the purchase of 204 - 220 Holleman Drive East.
Recommendation(s): Staff recommends approval of the purchase contract for 204 - 220
Holleman Drive East.
Summary: The property identified in the contract comprises 6.1368 acres and is located at
204 - 220 Holleman Drive East. The Real Estate Contract is for the purchase of nine lots.
The intended use of these properties is to promote targeted development in this area of the
community and provide additional housing and job opportunities to low to moderate income
households. A presentation will be provided at the City Council's Regular Meeting to expand
on the proposed use of this property.
Budget & Financial Summary: The total purchase price for this property is $2,673,200.
The acquisition will be made entirely from two funding sources: 1) Community Development
Block Grant (CDBG) funds from the FY 2008, FY 2009, and FY 2010 Community
Development budgets totaling $2,373,848 and 2) Community Development Block Grant
Recovery (CDBG-R) funds totaling $299,352. This acquisition will be funded exclusively
from federal funds as provided from the U.S. Department of Housing and Urban
Development (HLID).
Attachments:
Attachment 1 - Real Estate Contract
Attachment 2 - Property Location Map
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE is rnade by and between DON RAY DALE, LTD.,
a Texas limited partnership, ("SELLER''), and the CITY OF COLLEGE STATION,
TEXAS, a Texas Horne Rule Municipal Corporation, situated in Brazos County, Texas
("BUYER"), upon the tenns and conditions set forth herein.
ARTICLE I
PURCHASE AND SALE
1.1 SELLER agrees to sell and convey by Special Warranty Deed and BUYER agrees
to purchase and pay for a fee simple interest in Lots 6, 7, 8,9, 10, 1 I, 12, 13, and
14, Block 1, Pooh's Park Addition, City of College Station, in Brazos County,
Texas, known as 204,206,208,210,212, 214, 216,218, and 220 Hollernan Drive
East conveyed to Don Ray Dale, Ltd., in Volume 3682, Page 260 - 270 of the
Official Records of Brazos County, Texas, more particularly described by the
Land Boundary Survey Plat dated July 8, 2003 prepared by Kerr Surveying
Company, Exhlbit "A" attached hereto, and made a part hereof for all purposes
("PROPERTY'), together with al.1 and singular the rights and appurtenances
pertaining to the PROPERTY, including all right, title and interest of SELLER in
and to adjacent roads, streets, alleys or rights-of-way (all of such real property,
rights, and appurtenances being herein referred to as the "PROPERTY"), together
with SELLER'S interest in any improvements and fixtures situated on and
attached to the PROPERTY, for the consideration and subject to the terms,
provisions, and conditions set forth herein. This Contract by BUYER to purchase
the PROPERTY is subject to approval by the City Council of the City of College
Station, Texas on or before October 22, 2009; such approval indicated by
signature of BUYER's representatives to this CONTRACT OF SALE.
BUYER has requested BRAZOS COUNTY ABSTRACT COMPANY hmish a
Commitment for Title Insurance (the "Title Commitment") to insure title to the
BUYER for BUYER's review together with legible copies of all instruments
referred io in the Title Commitn~ent. The BLI73R shail request the titie company
to furnish these items to BUYER within fifteen (15) calendar days of the date of
this Contract. BUYER shall have a period of five (5) business days (the "Title
Review Period") after receipt of the Title Commitment and the copies of the
instruments referred to in Schedule B as exceptions within which to notify
SELLER of BUYER's objection to any item shown on or referenced by those
documents (the "Reviewable Matters"), other than those exceptions related to
prior mineral reservations. Any Reviewable Matter to which BLJYER does not
object withn the Title Review Period shall be deemed to be accepted by BWER.
If BUYER objects to any such Reviewable Matter and gives notice to SELLER as
provided herein, SELLER may at its election, on or before closing, attempt to
cure same. If SELLER fails to cure same by the closing date, or is unwilling to
cure same, the closing date shall be extended for five (5) business days for
BUYER to either (a) waive such objections and accept such title as SELLER is
able to convey or (b) terminate this Contract by written notice to the Title
Company and to SELLER, in which case the earnest money shall be rehnded to
BWER, and neither SELLER nor BWER shall have any Frlither ngbts or
obligations under this Contract.
(a) BUYER shall deposit FIFTY THOUSAND AND N0/100 ($50,000) as
Eanlest Money with BRAZOS COUNTY ABSTRACT COMPANY
("ESCROW AGENTc) not later than three (3) days after the effective date
of thls contract. In the event closing has not occurred or the contract is
terminated by October 30, 2009, through direct action taken by the
BWER, all earnest money shall be non refundable and deliverable to
SELLER by November 2,2009.
(b) BUYER may instruct ESCROW AGENT to deposit the Earnest Money in
a11 interest-bearing account at a federally insured financial institution, and
credit any interest to BUYER.
1.3 Boundary Survey. On or before tbirty (30) days following the effective date of
this Contract, SELLER agrees to obtain and deliver to BWER, at BUYER'S
expense, a current on-tl~e-ground boundary survey of PROPERTY (the "Survey")
prepared by Kerr Surveying, or another licensed surveyor, certified to comply
with the current standards and specifications as published by the Texas Society of
Professional Surveyors for a Category I A survey.
1.4 BUYER may at its cost order a Level 1 Environmental Site Assessment. BWER
shall have a period of ten (10) business days after receipt of the Environmental
Site Assessment to review the assessment and notify SELLER of BUYER'S
rejection of the PROPERTY. BWER at its option may elect to provide SELLER
with an opportunity to cure the environmental problem. If BUYER elects not to
provide SELLER with an opportunity to cure or if SELLER fails to cure once
BUYER provides that opportunity, this Contract shall be terminated and neither
party will have any fi~rther liability.
1.5 The parlies agree that general real estate taxes on the PROPERTY for the then
current year, interest on any existing indebtedness, and rents, if any, shall be pro-
rated as of the closing date and shall be adjusted in cash at the closing. SELLER
alone shall be iiable for any taxes assessed and levied for prior years resulting
Erom any change in use subsequent to the conveyance to BUYER. If the closing
sball occur before the tax rate is fixed for the current year, the apportionment of
taxes shall be upon the basis of the tax rate for the next preceding year applied to
the latest assessed valuation. All installments that have matured prior to the
closing date on any special taxes or assessments shall be paid by SELLER; and
any installments that are provided in the special assessment to rrlature after
closing shall be assumed by BWER.
1.6 The sale of the PKOPEKTY shall be nude by a Special Wmnty Deed from
SELLER to BUYER in the form prepared by BUYER attached hereto as Exlllbit
,.B'..
tIRTICI,E 11
PURCZIASE PRICE
2.1 Total I'urchase Price. In consideration of the sale of the Property and
subject to the ternls and conditions of this Contract, BUYER agrees to yay
SELLER the total purchase price for the Property as follows:
(a) Lot 6, Block 1 will be purclmsed using Community Development
Block Grant (CDBG-R) funds in the amount of Two Hundred
Ninety-Nine Thousand Three Huntired Fifty-Two and not100
($299,352.00).
(b) Lots 7,8,9, 10, 1 1, 12, 13 and 14, Block 1 will be purchased using
Comnlunity Development Block Grant (CDBG) funds in the
amount of Two Million Three Hundred Seventy-Three Thousand
Eight Hundred Forty-Eight and 00t100 ($2,373,848.00).
(c) The total purchase price of TWO MILLION SIX HIJNDRED
SEVENTY-THEE THOUSAND TWO I-IUNDRED AND
NOtIOO DOLLARS ($2,673,200.00) shall be payable in filll, in
CASH, from BUYER to SELLER at closing.
3.1 SELLER hereby warrants to BUYER as follows:
(a) SELLER has the full right, power, and authority to enter into and perform
its obligations under this Contract.
@) Other than as set forth herein, SELLER has no actual knowledge of any
part~es in possession of any portion of the PROPERIY, either as lessees,
tenants at sufferance, trespassers, or other persons in possession.
Additionally, SELI,ER has no aclual knowledge of any action by adjacent
landowners, or any natural or artificial cond~tions upon the PROPERTY,
or any significant adverse fact or condition relating to the PROPERTY,
which has not been disclosed in writing lo BUYER by SELLER.
(c) SELLER has no actual knowledge of any pending or threalened
condenmation or similar proceedings 01. assessment affecting the
PKOPERTI' or any part thereof SELLER has no actual knowledge of
any such proceedings or assessments contemplated by any governmental
entity.
(d) SELLER has no actual knowledge that the PROPERTY does not have full
and free access to and from public highways, streets, or roads. SELLER
has no actual knowledge that there are pending or threatened
govemnelital proccedings that would impair or result in the termination of
such access. If SELLER obtains achlal knowledge of any such matter
subsequent to the date of th~s Corih-act that would make any of die
representations or warranties tmtrue if made as of closing, SELLER shall
notify BI.JYER, and BUYER shall have the .election of terminating the
Contract and receiving back its earnest money, in which case neither party
shall have any further obligation to the other.
(e) The PROPERTY has not been illegally subdivided or otherwise held,
managed, or maintained in violation of any federal, state, or local law,
pursuant to what SELLER knows or should reasonably how.
(f) SELLER has no achial knowledge that SELLER has not colnplied with all
applicable laws, ordinances, regulations, statutes, rides and restrictions
relating to the PROPERTY or any part thereof.
(g) If SELLER obtains actual howledge ol'any such matter subsequent to the
date of this Contracl that would make any of the warranties untrue if made
as of closing, SELLER shall notify BIJYER, and BIJYER shall have the
election of terminating the Contract and receiving back its earnest money,
in which case neither party shall have any fiirther obligatiori to the other.
(h) SELLER has no knowledge that the PROPERTY co~itains any
environmental hazard not shown on any environmental assessment
provided by SELLER to BbYER, if any.
(i) SELLER is not a "foreign person" within itit; meaning of the internai
Revenue Code of 1986, as amended, Sections 1445 and 7701 (i.e.,
SELLER is not a non-resident alien, a foreign corporation, foreign
partnership, foreign trust or foreign estate as those terms are defined in the
Code and regulations prornulgated thereunder).
(j) Except as set forth herein, to the best of SELLER'S knowledge there are
no unpaid charges, debts, liabilities, claims or obligations arising from any
construction, occupancy, ownership, use or oper-ation of the PROPERTY,
or the business operated thereon, if any, which could give rise to any
mechanic's or materialnien's or other statutory lien against the
PROPERTY, or any part thereof, or fbr which BUYER will be
responsible. Current debts and liens to be paid by SELLER and released at
closing upon fill1 payment thereof, including but riot limited to: the
statutory lien for 2009, ad valorem taxes, and SEL,LER'S existing
purchase money lien.
ARTICLE IV
REPRESENTATIONS AND WARR4N'Z'IES OF BUYER
4.1 BLNER represents and warrants to SEJLLEII as of the effective date and as of the
closing date that:
(a) BUYER has the full right, power, and authority to purchase the
PROPERTY from SELLER as provided in this Contract and to carry out
RIJYER's obligations under thls Contract, and all requisite action
necessary to authorize BUYER to enter into this Contract and to carry out
BWER7s obligations liereunder has been obtained or on or befort: closing
will have been taken.
(b) BWER will not institute or cause to be instituted any condemnation
proceeding or threatened condenmation proceeding against the property,
nor any zoning change or comprehensive plan change, during the term of
this contract.
ARTICLE V
CLOSING
5.1 The closing shall be held at BRAZOS COUNTY ABSTRACT at such time and
date as SELLER and BUYER may agree upon, no later than October 30, 2009
(the "closing date"). The City Attorney is authorized to extend the time for
closing, wilh consent of SELLER. In no event may the closing date be extended
beyond November 30,2009.
5.2 At d~e closing, SELLER shall:
(aj fieliver to BUYER the duiy executed and acknowiedged Speciai Warranty
Deed prepared by BI!YER conveying good and indefeasible fee simple
title in the PROPERTY, free and clear of any and all liens, encumbrances,
except for the Reviewable Matlers and prior mineral reservations, and
subject to the BUYER'S clection lo terminate this Contract in the event
RlJYER disapproves of any Reviewable Matter (other than pnor m~neral
reservations), which objectioli is to bc cured by SELLER on or prior to the
closing as provided by Article I of this Contract.
(b) Deliver possession of the PROPERTY to BWER.
(c) Deliver to BIP(ERI al BUYER'S expense, a Title Policy insuring
indefeasible title issued by BKAZOS COUNTY ABSTRACT
COMPANY, in BUYER'S fhvor in the hll amount of the purchase pric.e,
insuring BUYER'S fee simple interest in the PROPERTY subject only to
such exceptions as shown on the Title Commitment and not objected to, or
otherwise waived, by RWER prior to closing.
(d) Pay one-half ($4) of the escrow fees.
(e) Pay any and all required property taxes and prorated taxes, as agreed
herein, for the year 2009.
(f) Pay any and all homeowner's or maintenance fees for prior years and for
the current year prorated up to the date of closing.
(g) Pay the costs to obtain, deliver and record releases or partial releases of all
liens to be released at closing.
(h) Pay the costs to record all documents to cure title objections agreed to be
cured by SELLER.
(i) Pay the certificates or reports of ad valorem taxes.
(j) Pay the SEILER's expenses and attorney fees.
5.3 Upon such performance by SELLER at closing, BUYER shall:
(a) Pay the balance of the purchase price in cash at closing.
(b) Pay one-half (%) of the escrow fees
(c) Prepare, at its cost, the Special Warranty Deed document.
(d) Pay the title insurance.
(ej ?aji ihe costs to obtain, deliver and record ail documents other than those
to be recorded at SELLER'S expense.
(0 Pay the BWER's expenses or attorney fees.
(g) Pay the additional premium for the survey/boundary deletion in the title
policy, if the deletion is requested by BUYER.
(h) Pay the costs of work required by BUYER to have the survey updated or
to reflect matters ober than those required under ths contract.
ARTICLE 't?
BREACH BY SELLER
6.1 In the event SELLER fails to fully and timely perform any of its obligations under
this Contract or fails to consummate the sale of the PROPERI'Y for any reason
except BUYER'S default, BUYER may:
(a) Enforce specific performance of tllis Agreement; and/or
@) Terminate the Contract and receive its Earnest Money back.
ARTICLE ViI
BREACH BY BUYIZR
7.1 In the event BWER fails to fully and timely perform any of its obligations under
this Contract or fails to consummate the sale of the PROPERTY for any reason
except SELLER'S default, SELLER shall have the right to bring suit against
BWER only for expectancy and incidental damages, if any.
MTICLE WII
MISCELLANEOUS
S.1 Survival of Covenants: Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties,
pertaining to the period of tirne following the closing date, shall survive the
closing and shall 11ot be merged by deed or otherwise be extinguished.
8.2 Appraisal: BUYER may, at its cost, order an independent appraisal of the
property. The purchase price hcrein shall not be affected by any such appraisal.
8.3 Environmental Clearance: This contract is contingent upon Environlnental
Clearance being received from the U.S. Department of Housing and Urban
Deveiopment. B WER has received timely ciearance and SELLER acknowiedges
this clearance.
8.4 Not~ce: Any notice requlred or permitted to be delivered by tllis Contract shall be
deemed received when sent by United States mail, postage prepaid, certified mail,
return receipt requesred, addressed to SELLER or BUYER, as the case rnay be, at
the addresses set forth below:
SELLER: Don Ray Dale, Ltd. With a copy to: Richard D. Talbert, P.C.
P 0 Box 10405, 426 Tarrow Street, STE 103
College Station, TX 77842 College Station, TX 77840
BUYER: Glenn Brown, City Manager
City of College Station
1 10 1 Texas Avenue
College Station, Texas 77840
With copies to:
City of College Station City of College Station
Legal Department Econornic and Community Dev.
1 10 1 Texas Avenue 1207 Texas Avenue
College Station, Texas 77840 College Shtion, Texas 77840
8.5 Texas Law to Apply: This Contract shall be construed under and in accordace
with the laws of the State of Texas, and all obligations of the parties created by
this Contract are to be performed in Brazos County, Texas.
8.6 Parties Bound: This Contract shall be binding upon and inure to the benefit of the
parties hereto and their respective, successors and assigns. The persons executing
this Contract do so in their capacities as set forth below and in no other capacity
whatsoever, and such persons shall have no personal liability for executing ths
Contract in a representative capacity. All such liability is limited to the principal
for which they execute this document as a representative.
8.7 Invalid Provision: In case any one or more of the provisions contained in this
Contract shall for any reason be held invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Contract, and this Contract shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained in the Conbact. In
lieu of such illegal, invalid or unenforceable provision, there shall be added
automatically as part of this Contract a provision as similar in terms to such
illegal, invalid or unenforceable provision as may be possible and be legal, valid
and enforceable.
8.8 Conslruction: The parlies acicnowiedge that each party and its counsel have
reviewed ad revised this Contract and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Conlract or any amendments or exhibits
hereto.
8.9 Prior Agreements Superseded: This Contract embodies the entire agreement of the
parties and supersedes any and all prior understandings or written or oral
agreements between the parties respecting subject matter within and may only be
amended or supplemented by an instrument in writing executed by the party
against whom enforcement is sought.
8.10 Time of Essence: Time is of the essence to this Contract.
8.1 1 Gender: Words of any gender used in this Contract shall be held and construed to
include any other gender, and words i.n the singular number shall be held to
include the plural, and vice versa, unless the context requires otherwise.
8.12 Multiple Counterparts: This Contract rnay be executed in a number of identical
counterparts. If so executed, each of the counterparts shall, collectively, constitute
but one agreement. In mahng proof of this Contract it shall not be necessary to
produce or account for rnore than one counterpart.
8.13 Memorandum of Contract: Upon request of either party, both parties shall
pron~ptly execute a memorandum of this agreement, and termination and release
of such ~nemorandum upon te~mination of thus agreement, if terminated, suitable
for filing of record.
Exhibits - "A" Survey of Property and "B" Special Warranty Deed
EXECUTED on this the day of ,2009.
SELLER: BUYER:
DON RAY DALE, LTD. CITY OF COLLEGE STATION
DRD Management, LLC, General Partner
r -.
BY: &~;t&- &x~& BY. -- -
Printed Name adky g-& Bx-x Mayor
~ltle. u, C, Date:
ATTEST:
City Secretary
Date:
APPROVED:
- - ....
City Manager
Date:
Chief Financial Officer
Date:-.._
City Attorney
Date: ...-
THE STATE OF ?'EXAS $
5 ACK3\;OWLEDGMENT
CObKTY OF BRAZOS 5
This instrument was ackrlowledge before me on the day of -- ,
2009, by -- - , as Mayor of the CITY OF COLLEGE STATION, a
Texas I lome Rule Municipal Corporation, on behalf of said municipality.
NOTARY PUBLIC in and for STATE OF TEXAS
'I'HE S'I'A'I'E OF TEXAS $
9 ACKNOWLEDGMENT
COUNTY OF BRAZOS $
B This instrument was ackr~owledged before me on the ZZI-.-. day of
/. fid-&+-, 2009, by Dixie L. Dale, as President of DRD Management, LLC, as the
general partner of DON MY DALE
.............................. TATE OF TEXAS
,,,,tl l~l,l,, ,+ P(,''+ , RICHARD D. TALBERT 2 -,: 4 %O:
= iS,;X5;g .= Notary Public. State of Texas
s%4~9''"$p~hly cornrnIssan Emires 12-23-1 0
T//t,,,!?,,,,\+''
EXHIBIT "A" TO REAL ESTATE CONTRACT
SURVEY
EWBIT "R"
NOTICE OF CONFIDEN'TIALITY RIGHTS: IF
YOU ARE A NATtPRAL PERSON, YOU MAY
REhlOW OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST
IN REAL PROPERTY BEFOFZE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
SPECIAL WARRANTY DEED
DATE:
GRANTOR: DON RAY DALE, LTD., a Texas
limited partnership
GR4NTOR's MAILING ADDFZESS: 35 12 Parkway Terrace Circle
(including county) Brazos County
Bryan, TX 77802
GRANTEE: CITY OF COLLEGE STATION, TEXAS
GRANTEE'S MAILING ADDFZESS: 1 10 1 Texas Avenue
(Lncluding county) Brazos County
College Station, Texas 77840
CONS LDERATION: Ten Dollars ($10.00) and other good and valuable consideration.
PROPERTY:
All those certain tracts or parcels of land lying and being situated in the
College Station, Brazos County, Texas, being all of Lots 6, 7, 8, 9, 10, 11,
12, 13, and 14 Block 1 of Pooh's Park Addition, known as 204, 206, 208,
210, 2 12,2 14, 216, 21 8, and 220 Holleman Drive East Conveyed to Don
Ray Dale, Ltd., in Volume 3682, Page 260-270 of the Official Records of
Brazos County, Texas, and being more particularly described by metes and
bounds in Exhibit A attached hereto and made a part hereof.
RESERVATIONS FROM AND
EXCEPTIONS TO CONVEYANCE
AND WARRANTY:
1. Easements as shown of record on plat of Pooh's Park Subdivision, Section
One, recorded in Volume 314, page 61 8, Deed Records of Bmzos County,
Texas.
2. Easement Crom Albert kchardson et a1 to Lone Star Gas Cornpany, dated
December 15, 1950, recorded in Volume 148, page 4 13, Deed Records of Brazos
County, Texas.
3. Minerdl Deed Gom Dondaco, Iilc., to the Dale Family Irrevocable Trust, dated
June 18, 1992, recorded in Volume 1532, page 15, Official Records of Brazos
County, Texas.
4. Mineral reservation in Deed from Dondaco, Inc., to Don Ray Dale, Ltd., dated
December 16, 1999, recorded in Volume 3682, page 260, Official Records of
Brazos County, Texas.
5. Mineral resenlation in Deed Gom Pooh's Park Develop~nent; Ltd. to Don Ray
Dale, Ltd., dated December 16, 1999, recorded in Volume 3682, page 270,
Official Records of Brazos County, Texas.
GRANTOR waives all rights it may have with respect to the surface estate, and no owner
of the mineral estate shall ever have rights of ingrcss or egress except as may have been
resenred or excepted by GRANTOR under the reservations and exceptions expressly listed
in this deed or its predecessors in title.
GRANTOR, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, GRANTS, SELLS, and CONVEYS to GRANTEE the
property, together with all and singtilar the rights and appurtenances thereto in any wise
Selocgkg, to have and hold ii to GRANTEE and GiLGWEEfs successors and assigns
forever. GRANTOR binds GRANTOR and GRANTOR'S successors and assigns, to
warrant and forever defend all and singular the property to GRANTEE and GRANTEE'S
successors and assigns against every person whomsoever lawfully claiming or to claim the
same or any part thereof by, through or under Grantor, but not otherwise, except as to the
reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
DON RAY DALE, LTD.
THE STATE OF
COUNTY OF
BY: DRD MANAGEMENTI L.L.C.
I(s General Partner
DO NOT SIGN AT THIS TlhlE
BY:
Printed Name:
Title:
9
ACKNOWLEDGMENT
0
Thls instrument was acknowledged before me on this the day of
,2009, by as
of DRD MANAGEMENT, L.L.C., a Texas Limited Liability Company, General Partner of
DON RAY DALE, LTD., a Texas Limited Partnership, on behalf of said limited
partnership.
Notary Public in and for the State of Texas
PREPARED IN THE OFFICE OF: RETUIW ORIGINAL DOCUMENT TO:
City of College Station City of College Station
Legal Department Legal Department
?. 0. Box 9960 P. 0. Eox 9960
College Station, Texas 77842-9960 College Station, Texas 77842-9960
Attachment 2 - Project Location Map - 204 - 220 Holleman Dr E
October 19, 2009
Regular Agenda Item No. 10
Taxicab Ordinance Update
To: Glenn Brown, City Manager
From: Jeffery Capps, Interim Chief of Police
Agenda Caption: Presentation, possible action, and discussion regarding update to
the existing ordinance regulating taxicabs operating within the city limits of College
Station.
Recommendation(s): Staff recommends the approval of the following updates to
the existing taxicab ordinance.
A. Fare rates are prominently displayed both outside and inside of vehicle.
B. Vehicle maximum age limit of no more than five (5) years old.
Summary: Council directed a review of the existing ordinance regulating the
operation of taxicabs within the city limits of College Station. Staff has completed the
review which is summarized in the document "Taxi Regulations White Paper".
Budget & Financial Summary: None at this time.
Attachments: Copy of Taxi Regulations White Paper
CITY of: COLLEGE S-rxrrc.1~
Polrce Department
Home of Texas AM University 8
COLLEGE STATION POLICE DEPARTMENT
INFORMATIONAL MEMORANDUM
TO: GLENN BROWN, CITY MANAGER
THRU: KATHY MERRILL, ASSISTANT CITY MANAGER
FROM: JEFF CAPPS, INTERIM CHIEF OF POLICE
REF: TAXI CAB REGULATIONS
DATE: AUGUST 14,2009
'The City of College Station has regulated taxis for many years. The current city
ordinance addresses numerous topics that are essential to the safe operation of taxis
and the safety of the citizens of College Station. The current ordinance requires each taxi
company to obtain a license, which'allows them to operate within the incorporated city.
The license must be renewed annually for a fee of $50. Also each driver that operates a
taxi is required to obtain a permit that must be renewed each calendar year. The fee for
the permit is $10 if issued prior to June 3oth and $5 if issued thereafter. There are
several requirements that a driver must meet before they are issued a permit. I have
attached a copy of our current ordinance which lists all of the requirements for your
review.
During a past council meeting, questions were asked regarding City Ordinance as it
relates to fares and the general appearance of the vehicles used as taxis within the City
of College Station. This briefing will address the current city ordinance as it pertains to
taxi fares, the appearance and age of vehicles, as well as recommendations on what can
be implemented to improve in these areas.
FARES
The regulation of taxi fares is not addressed in the current city ordinance. Currently, the
State of Texas has no regulations regarding taxi fares. The setting of fare rates applies to
several types of businesses and vehicles to ensure that constituents are not overcharged
for the services provided. Chapter 4, Section 6, subsection 0 (9), of the City of College
A CALEA Accredited Agency
Station Ordinance related to Taxicabs addresses the display of rates and fares, stating
"fare rates shall be posted in a conspicuous place on the inside of the taxi."
When making recommendations on the taxi ordinance as it pertains to fares, we looked
at several other cities within the State of Texas. The other cities include Arlington,
Bryan, Denton, Ft. Worth, Lubbock, McKinney, Plano, San Antonio, San Marcos, and
Sugarland. Of these cities, Bryan, Ft. Worth, San Antonio, San Marcos, and Sugarland
did not regulate fares due to the State of Texas not regulating taxi fares. The following is
a list of the cities our staff was able to obtain information from regarding their taxi
ordinance. In addition, if they regulate fares, the section(s) of their ordinance
is referenced. Several of the cities also required companies to submit a copy of their
fares to keep on file.
A. Arlington - Section 6.02
Initial meter drop, $2.25, for the first passenger on a single call for the
first l/gth of a mile or portion thereof.
$0.20 for the first passenger on a single call for each additional l/gth of
a mile or a fraction thereof.
$16.00 per hour waiting time
$2.00 for each additional passenger
$1.00 surcharge for out of town trips
B. Denton - Section 27-203:
A holder of a taxi cab permit may charge only rates of fare which have
been approved by city council. The rates were not listed and staff has
not received a response in reference to obtaining information on their
taxi fare rates.
C. Lubbock - Section 27-58 thru 27-60: Fare rates are submitted and must be
approved by city council. The following is the schedule of rates set by the City of
Lubbock:
$3.00 for the first l/loth of a mile
$0.20 for each additional l/loth of a mile
$35.00 per hour waiting time
$1.00 for each additional passenger
$2.00 for each additional passenger - airport (same location can split
fare plus any additional charges.
$10.00 minimum credit card purchase
All fares are separate unless the driver is notified in advance.
D. McKinney - Section 102-71: Fare rates are established by the city council. The
rates were not listed and staff has not received a response in reference to
obtaining information on their taxi fare rates.
E. Plano - Section 11-120: Fare rates are established by the city council. The
following is the schedule of rates set by the City of Plano:
Initial meter drop is $2.00.
Each additional 1/4 mile is $0.40.
Each 1 '/z minute traffic delay/ waiting time is $0.40.
Each additional passenger is $2.00.
The following conditions apply to all fares in the City of Plano:
Passengers in the same taxicab or limousine traveling between the same points
are one party, and the operator cannot charge a multiple fare.
"Additional passengers" means the total number of passengers less one.
An operator must reset the meter at each destination when discharging
passengers who have traveled in the same cab with passengers who have
different destinations, except when one person pays the fare for all passengers.
Passengers must approve all toll routes in advance.
All taxicabs and limousines must take the most direct route to their destinations,
or route requested by a passenger. Passengers should establish an approximate
fare prior to departure.
The following is a list of current taxi companies operating in College Station and the
rates they are charging citizens for their services.
AAA Taxi $10.00 charge for anywhere in CS, $15.00 charge for Bryan (flat
rate).
Advantage $7.00 charge for up to 2 passengers, $1.50 per mile, $1.50 extra
each person.
Aggieland $15.00 charge for most places except far south of College Station,
$20.00 for south CS or south Bryan, $30.00 north Bryan.
Eddie's $15.00 charge or less most places for 2 people.
Maroon $5.00 charge for initial pickup, $2.75 a mile, $1 extra per person,
no charge for children, flat-rate out of town.
Twin City $10.00 charge for initial pickup, $1.00 a mile, $5.00 each
additional person, $5.00 for 5 minute stop. There is a different
charge for night-time passengers, $7.00 for 3 or more persons
(flat bar rate).