HomeMy WebLinkAbout07/09/2009 - Regular Agenda Packet - City CouncilMayor Council members
Ben White John Crompton
Mayor Pro Tem James Massey
Dennis Maloney
City Manager Katy-Marie Lyles
Glenn Brown Lawrence Stewart
David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, July 09, 2009 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
· Presentation of TAMIO Awards to Public Communication Department.
· Presentation to both the TAMU Track and Field men’s and women’s team.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager.
Consent Agenda
Individuals who wish to address the City Council on a consent or 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. Registration
forms 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 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion of minutes for Council meeting held on Monday, June 22,
2009 and Thursday, June 25, 2009.
b. Presentation, possible action, and discussion regarding a change order to the contract with JaCody, Inc for
the renovations to the Municipal Courts Building. This item is a deductive change order in the amount of
$249,668.88.
c. Presentation, possible action, and discussion awarding Bid #09-70 to Stresscrete, Inc., and authorize the
estimated annual expenditures of $257,320.00 for prestressed spun cast concrete poles.
1
City Council Regular Meeting Page 2
Thursday, July 9, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
d. Presentation, possible action and discussion on extending the bank depository agreement with Citibank
Texas, N.A. for one final year.
e. Presentation, possible action, and discussion on consideration of an ordinance temporarily amending
Chapter 10, Section 3E (2)(e), of the College Station Code of Ordinances by changing the posted speed limit
on the section of Harvey Mitchell Parkway (FM 2818) between Welsh Avenue and Holleman Drive to 45
mph for the duration of TxDOT’s FM 2818 Grade Separation project.
f. Presentation, possible action and discussion regarding the approval of a resolution accepting from the
Department of Homeland Security Fire Station Grant Program in the amount of $3,200,000 and agreeing to
provide the balance of $3,700,000 to complete the construction of Fire Station # 6. The total cost of
construction for Fire Station # 6 is projected to be $6,900,000.
g. Presentation, possible action and discussion on awarding an annual contract for Turf Mowing Services for
various City properties to Green Teams, Inc. for an annual expenditure of $79,626.00. (Bid #09-19)
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 1/2 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 1/2 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
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion of design options for the Tauber & Stasney
Street Rehabilitation Project.
2. Public Hearing, presentation, possible action, and discussion an ordinance amending City of College
Station Code of Ordinances Chapter 13: Flood Hazard Protection.
3. Public Hearing, presentation, possible action, and discussion concerning a resolution awarding the
professional services contract (Contract No. 09-241) with Bury + Partners, Inc. in the amount not to
exceed $112,133 for engineering design services for the Hike & Bike Trail Completion Project (ST-
2
City Council Regular Meeting Page 3
Thursday, July 9, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
0904) and approval of a resolution declaring intention to reimburse certain expenditures with proceeds
from debt.
4. Public hearing, presentation, possible action, and discussion regarding the annual review of the Unified
Development Ordinance (UDO), including recent UDO amendments, proposed amendments, and
requested amendments.
5. Presentation, possible action, and discussion to approve an Interlocal Agreement (ILA) for Joint Use of
Facilities between the City of College Station and the College Station Independent School District
(CSISD).
6. Presentation, possible action, and discussion to approve an ordinance by the City Council of the City of
College Station, Texas, issuing $31,315,000 City of College Station Certificates of Obligation, Series
2009.
7. Presentation, possible action and discussion to approve an ordinance by the City Council of the City of
College Station, Texas, issuing $3,335,000 City of College Station General Obligation Bonds, Series
2009.
8. Presentation, possible action, and discussion to approve a resolution providing an exception to Policy to
allow Mr. Thomas and Ms. Palasota to construct sewer infrastructure necessary to connect their homes
to the City sewer system.
9. Presentation, possible action, and discussion on appointments of citizens to the following committees:
Cemetery Committee, Construction Board of Adjustments and Appeals, Historic Preservation
Committee, Parks and Recreation, Planning and Zoning Commission, and Zoning Board of
Adjustments.
10. Presentation, possible action, and discussion of appointments to Committees as follows:
Arts Council, Audit Committee, Brazos Co. Health Dept., Convention and Visitor Bureau, Research
Valley Partnership Board, Intergovernmental Committee, Sister Cities Association, Transportation
Committee.
11. Presentation, possible action, and discussion of Mayor Pro Tem appointment.
12. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
3
City Council Regular Meeting Page 4
Thursday, July 9, 2009
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community’s Quality of Life
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, July 09, 2009 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 6th day of July, 2009 at 2:00 p.m.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
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 July 6, 2009 at 2:00 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: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
4
July 9, 2009
Consent Agenda Item No. 2b
Municipal Court Renovation
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a change order
to the contract with JaCody, Inc for the renovations to the Municipal Courts Building. This
item is a deductive change order in the amount of $249,668.88.
Recommendation(s): Staff recommends approval of deductive change order no. 1 in
the amount of $249,668.88.
Summary: The renovations to the Municipal Courts Building includes the completion of
the interior of the second floor of the building, installation of the elevator, improvements to
the exterior of the building to address O&M issues, modifications to the entrance of the
building which will allow for a separate entrance for staff and visitors the Court, and include
a small addition to building to allow visitors to the Court to be out of the weather while wait
to pass through security.
The guaranteed maximum price for the Construction Manager At Risk (CMAR) contract was
$1,744,200.00. The actual bid price for the project was $1,461,207.00. This change order
reduces the contract amount to the actual bid price, adds Siemens security work to the
contract in order to better coordinate security work installation, and adds miscellaneous
plumbing equipment and appurtenances.
Budget & Financial Summary: Funds in the amount of $2,000,000.00 are currently
budgeted in the General Government Capital Improvement Projects Fund for the Municipal
Court Renovation Project (GG-0701). Funds in the amount of $2,014,465.11 have been
expended or committed to date. Assuming this change order is approved, the new project
balance will be $1,764,796.23.
Attachments:
1. Change Order No. 1
2. Location Map
5
6
7
98
July 9, 2009
Consent Agenda Item 2c
Annual Prestressed Spun Cast Concrete Poles
To: Glen Brown, Interim City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion
awarding Bid #09-70 to Stresscrete, Inc., and authorize the estimated
annual expenditures of $257,320.00 for prestressed spun cast concrete
poles.
Recommendation(s): Staff recommends award to the lowest, responsible
bidder meeting specifications, Stresscrete, Inc. with annual estimated
expenditures totaling $257,320.00. Six bids were received:
1) Stresscrete $257,320.00
2) Superior Power Poles $431,835.00
3) TEC $441,120.00
4) Valmont Newmark $567,975.00
5) Techline $668,040.00
6) Dealers Electrical Supply $697,705.00
Summary: These purchases will be made as needed during the term of the
agreement. The concrete poles are maintained in the electrical inventory
and expensed as necessary. These poles are bought as needed and kept in
stock for emergency purposes also. The term of agreement shall be for one
year with up to two one-year renewal options.
Budget & Financial Summary: Six (6) sealed, competitive bid were
received and opened on Friday, June 22, 2009. Funds are budgeted and
available in the Electrical Fund. Various projects may be expensed as
supplies are pulled from inventory and issued.
Attachments: Bid Tabulation #09-70
9
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10
July 9, 2009
Consent Agenda Item No. 2d
Bank Depository Agreement Extension
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on extending the bank
depository agreement with Citibank Texas, N.A. for one final year.
Recommendation(s): Staff recommends approval of the final one-year renewal option.
Summary: The current bank depository agreement with Citibank expires on September 30,
2009. On November 22, 2005, the Council selected Citibank as the City's depository bank.
The depository agreement was for three (3) years with an option for two (2) one-year
renewals under the same terms and conditions and upon mutual consent of both parties.
Staff requests executing the final one-year renewal option set to expire on September 30,
2010. A Request for Application for the bank depository contract will be released in 2010.
Budget & Financial Summary: The annual cost for the services provided by Citibank is
not expected to exceed $45,000 annually. The expenditure for banking services is budgeted
in the General Fund. The interest rate on the account is the 91-day treasury rate plus 50
basis points. Given current market conditions, Citibank, out of good faith, has held the
City’s interest rate at 1% to help off-set fees.
Attachments:
1. Depository Contract Extension, Commercial Banking Services
11
AGREEMENT TO EXTEND THE DEPOSITORY
CONTRACT BETWEEN THE CITY OF COLLEGE STATION, TEXAS
AND CITIBANK TEXAS, N.A.
WHEREAS, the City of Col.lege Station, Texas entered into a Depository Contract (the
"Contract") with Citibank Texas, N.A., on November 22,2005; and
WHEREAS, the term of the Contract expires on September 30,2009; and
WHEREAS, the terms of the Contract permit the parties to extend, by written agreement, the
Contract up to two (2) additional terms with each term not to exceed one (1) year; and
WHEREAS, the Contract provides that the original terms and conditions will apply to any
extension; and
WHEREAS, the City of College Station, Texas and Citibank Texas, N.A., desire to extend
the Contract for one (1) additional term to expire on September 30,2010;
NOW THEREFORE, for and in consideration of the recitations above and the covenants
expressed herein below, the parties agree to the following:
A. Citibank Texas, N.A., Depository, located at 2717 Texas Avenue South, College Station,
Texas 77840, Brazos County, State of Texas, and the City of College Station agree to extend
the Contract for an additional one (1) year term from October 1,2009 to September 30,2010
(the "one (1) year extension").
B. The parties agree that the original terms and conditions of the Contract will apply to the one
(1) year extension.
C. The parties agree that the rate(s) set under the original Contract will apply to the one (1) year
extension.
EXECUTED this the day of ,2009.
CITIBANK TEXAS, N.A.,
COLLEGE STATION, TEXAS CITY OF COLLEGE STATION, TEXAS
. BY:
Ben White
Mayor
12
ATTEST:
CONNIE HOOKS, City Secretary
APPROVED:
G~ENN BROWN, City Manager
City Attorney
Chief Financial Officer
JEFF KERSTEN
13
THE STATE OF TEXAS )
1 ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on this the - dayof of @MU4 ,
2009, by KATHY J. LYNCH as Vice President -Public Funds Sector of CITIBANK TEXAS, N.A.,
TEXAS, a dl& P~Qs; dqnt , on its behalf.
THE STATE OF TEXAS )
1 ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on this the - day of ,
2009, by BEN WHITE as Mayor of the CITY OF COLLEGE STATION, TEXAS, a Home-Rule
Municipality, on its behalf.
Notary Public in and for the State of Texas
14
July 9, 2009
Consent Agenda Item No. 2e
Harvey Mitchell Parkway (FM 2818) Temporary Speed Limit
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance temporarily amending Chapter 10, Section 3E (2)(e), of the College Station Code
of Ordinances by changing the posted speed limit on the section of Harvey Mitchell Parkway
(FM 2818) between Welsh Avenue and Holleman Drive to 45 mph for the duration of
TxDOT’s FM 2818 Grade Separation project.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: TxDOT is currently constructing a bridge over Wellborn Road (FM 2154) and
the adjacent railroad. The completed project will allow traffic on FM 2818 to go over the
railroad and Wellborn Road on a bridge, thus traffic on FM 2818 will no longer have to stop
for vehicles on Wellborn Road or one of the 24 trains per day crossing FM 2818.
To improve safety of the construction crews in the area as well as the motoring public
traveling through the work zone, TxDOT has asked the City to temporarily reduce the speed
limit in the work zone from 60 to 45 mph. This lower speed limit will also allow TxDOT to
place a low-profile concrete barrier at the edge of the work zone to further improve the
safety of construction crews and motorists.
The TxDOT manual, Procedures for Establishing Speed Zones, describes the process for
establishing a construction speed zone within an incorporated city, which includes two
options. A city may establish a construction speed zone by adopting an ordinance or by
making a request to TxDOT. The accompanying ordinance establishes a temporary 45 mph
construction speed zone along a section of FM 2818, beginning on the west side of the
Welsh Avenue intersection and extending to Holleman Drive. The construction speed zone
is temporary, becoming effective 10 days from the date of passage of the ordinance and
expiring after the completion of the TxDOT construction project.
Budget & Financial Summary: No expenditure of City funds is necessary or associated
with this item.
Attachments:
1. Ordinance
2. Location Map
15
16
17
18
Existing speed limit of 60 mph or 50 mph
Temporary construction speed limit of 45 mph
Wellborn Road (FM 2154)
G e o r g e B u s h D r i v e (F M 2 3 4 7 )
Proposed Construction Speed Limit on FM 2818
H a r v e y M i t c h e l l P k w y (F M 2 8 1 8 )
G r a h a m R o a d
Existing speed limit of 60 mph
Texas Avenue
Existing speed limit of 50 mph
19
July 9, 2009
Consent Agenda Item No. 2f
Fire Station Construction Program Grant
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution accepting from the Department of Homeland Security Fire Station Grant Program
in the amount of $3,200,000 and agreeing to provide the balance of $3,700,000 to
complete the construction of Fire Station # 6. The total cost of construction for Fire Station
# 6 is projected to be $6,900,000.
Recommendation(s): Staff recommends approval of the application and acceptance of the
grant if awarded from the Department of Homeland Security and recommends the City
Council to authorize and designate the Fire Chief or their designee, to sign agreements with
the Department of Homeland Security for these grants on behalf of the City of College
Station.
Summary: The City of College Station has prepared a Grant Application in accordance with
the requirements of the Department of Homeland Security who is responsible to administer
the grant funds under the American Recovery and Reinvestment Act which has provided
FEMA with $210 million to fund the construction and modifications of Fire Stations. The
purpose of this grant program is to strategically increase the safety of the firefighters and
the communities that they serve. As such, all program priorities focus on the timeliness of
the implementation of the construction project, the effect the new or modified facility will
have on the health and safety of the firefighters, the number of firehouses in the
surrounding area, as well as the benefit the new or modified facility will have on the
protection of the community.
Budget & Financial Summary: This Fire Station Grant process is competitive, grant
requests for projects in which the applicant already owns the property will be given
additional consideration for approval. If the Grant is awarded, the City of College Station
would receive $3,200,000 from the DHS grant and the City of College Station would be
responsible for the balance of the construction cost of $3,700,000 to complete the
construction of Fire Station # 6. The total cost of construction for Fire Station # 6 is
projected to be $6,900,000.
Attachments:
Homeland Security Application on file in City Secretary’s office
Resolution
20
21
July 9, 2009
Consent Agenda Item No. 2g
Annual Turf Mowing Services
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on awarding an annual
contract for Turf Mowing Services for various City properties to Green Teams, Inc. for an
annual expenditure of $79,626.00. (Bid #09-19)
Recommendation(s): Staff recommends award of the contract to the lowest
responsible bidder, Green Teams, Inc. in the annual not-to-exceed amount of $79,626.00.
Summary: This contract contains two (2) sections: Section I - Annual Turf Mowing for
College Station Utility Electrical Substations, Water/Wastewater and Economic Development
Sites and Section II - Temporary Landscape Maintenance Services for Carters Creek
Wastewater Treatment Plant and Chimney Hill Center. Section I consists of turf mowing,
edging/trimming, litter/debris removal, fire ant control and minor landscape bed
maintenance. Section II consists of turf mowing, hardscape maintenance, edging/trimming,
litter/debris removal, landscape bed maintenance, shrub trimming, fertilization, irrigation
inspection and repair, etc. The two (2) temporary locations at Carter Creek Wastewater
Treatment Plant and Chimney Hill Center will be maintained under this contract until
September 30, 2009. They will be included in the re-bid of annual landscape (manicured)
maintenance services that will have a resulting contract in place by October 1, 2009.
Sealed competitive bids were solicited and five (5) bids were received. Please see the
attached bid tabulation for details.
Budget & Financial Summary: Funding for turf mowing services comes from the
operations/maintenance funds for Water/Wastewater, Electric, Community
Development, Economic Development, and the New Convention Center.
Attachments:
Tabulation for Bid No. 09-19
Contract on file in the City Secretary’s Office
22
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Rios Tree Service, Inc.(San Antonio, TX)
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27
July 9, 2009
Regular Agenda Item No. 1
Tauber and Stasney Streets Rehabilitation Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, presentation, possible action, and discussion of design
options for the Tauber & Stasney Street Rehabilitation Project.
Recommendation(s): Staff is recommending that the Tauber and Stasney Street
Rehabilitation Project proceed according to Option B, as this alternative meets most of the
goals of the project, minimizes the negative impacts to the adjacent property owners, and is
in compliance with the ordinances that private development must follow. However, based
on some of the feedback from the public engagement process, some stakeholders expressed
a preference for Option C
Summary: Section 5.6.B.5.a (page 5-16) of the Unified Development Ordinance (UDO)
states "Existing head-in parking that requires backing maneuvers into a right-of-way shall
be removed with all proposed development, redevelopment, rehabilitation, and façade
projects within any Northgate district". The term rehabilitation is defined in the Ordinance,
but it does not clearly identify whether City funded capital projects, initiated to improve
safety and the reliability of city services, and are considered a rehabilitation project.
The Northgate Parking Plan, adopted by Council in March 2000, and referenced in the UDO,
requires the removal of all on-street parking in residential areas in Northgate, which is the
section of Northgate zoned NG-3. The segments along Tauber and Stasney between Cross
and Cherry Street are zoned NG-3.
On December 11, 2008 staff came before Council seeking direction on the Tauber and
Stasney Street Rehabilitation Project, specifically to the question of whether or not this, and
other City initiated rehabilitation project, should require the removal of existing parking.
Council indicated that the UDO should apply to City funded capital projects. Staff then
requested 90 days to engage landowners in Northgate who may be impacted by the project,
to discuss the potential impacts and benefits of the project, and to gather their input.
Staff presented the Council with three design alternatives to accomplish the goals
established with this project on April 9, 2009. Council discussed the alternatives and
ultimately requested that staff bring this item, and the alternatives presented in the
presentation, back in the form of a public hearing.
On April 23, 2009 staff presented the same three design alternatives in a public hearing.
Council requested that staff attempt to identify more alternatives that would allow for more
on-street parking, include sidewalks, and the 26-feet wide travel lane required by the City’s
emergency responders.
Since April 23, 2009, staff has met with each of the property owners, or the designated
representative(s) of the owner, along Tauber and Stasney to discuss alternative solutions
and the impacts to their property, and to discuss the possibility of right-of-way and/or
access easement dedications. Several land owners indicated a willingness to dedicate a few
feet of land in the form of an access easement to facilitate the construction of new
28
sidewalks, but none were willing to dedicate enough land so the ROW can be expanded
enough to construct two 8-feet wide sidewalks, two 8-feet wide parallel parking rows, and a
26-feet wide travel lane required by the by the City’s emergency responders.
Based on our discussions with the stakeholders, staff has developed one new design
alternative to accomplish the goals of the project, and attempt to meet the needs of the
property owners, to the extent possible. The Council is familiar with Options A and B below,
as these alternatives were presented on April 9th and 23rd. Option C is a new alternative. A
brief summary of the alternatives is listed below.
Option A:
· Mill the old pavement and overlay with a new asphalt surface.
· Replace the water and sewer utilities.
· Address the pavement grade issues along Tauber between Cross and Cherry.
· Do not construct new sidewalks or install street trees along either street.
· All head-in parking and parallel parking will remain.
· Maintain two-way traffic along Tauber and Stasney.
· This option will require a clarification to the definition of a rehabilitation
project in the UDO.
· Option does not require additional ROW.
· Option will not result in the permanent loss of any parking spaces along
Tauber or Stasney.
Option B:
· Remove head-in parking along Tauber and Stasney - replace/keep parallel
parking where possible along Tauber and Stasney (Parallel parking will be
provided on one side of Stasney between University and Cherry. Parallel
parking will be provided on one side of Tauber between University and
Church, two sides of Tauber between Church and Cross, and one side of
Tauber between Cross and Cherry).
· Amend the Northgate Parking Plan to allow for on-street parking in NG-3
along one side of Tauber and one side of Stasney.
· 8-feet wide sidewalks with street trees along Stasney.
· 8-feet sidewalks with street trees along Tauber between Church and Cherry.
· The majority of the sidewalk along the east side of Tauber between University
and Church will not be modified; the sidewalk on the west side of Tauber
between University and Church will be reconstructed to a width of 7-feet.
Existing 6” to 8” caliper live oaks immediately behind the sidewalk on the east
side of Tauber between University and Church will be preserved.
· New concrete pavement on Tauber and Stasney.
· Replace the water and sewer utilities
· Construct a new storm sewer system along Tauber and Stasney.
· Maintain two-way traffic along Tauber and Stasney.
· This option does not require an amendment to the UDO.
· This option will require a small amount of additional ROW and/or an access
easement along Tauber near Cherry Street.
· This option will result in the loss of approximately 137 parking spaces along
Tauber and Stasney.
Option C:
· Remove head-in parking along Tauber and Stasney - replace/keep parallel
parking where possible along Tauber and Stasney (Parallel parking will be
provided on two sides of Stasney between University and Cherry. Parallel
29
parking will be provided on two sides of Tauber between University and Cross,
and one side of Tauber between Cross and Cherry).
· 4-feet wide sidewalks on both sides of the Stasney from University to Cherry.
Street trees will not be included along Stasney.
· 8-feet sidewalks with street trees along Tauber between Church and Cross.
· 4-feet wide sidewalks on the east and west side of Tauber between University
and Church. This will require a dedication of 1 to 2 feet of ROW (to
accommodate the construction of 42-feet of pavement) and 5 to 6 feet of land
to be dedicated in the form of an access easement by property owners on
both sides of the ROW (to allow the existing sidewalks on private property to
be reconstructed). The existing 6” to 8” caliper live oaks immediately behind
the sidewalk on the east side of Tauber between University and Church will be
preserved.
· Amend the Northgate Parking Plan to allow for on-street parking in NG-3
along one side of Tauber and two sides of Stasney.
· New concrete pavement.
· Replace the water and sewer utilities.
· Construct a new storm sewer system along Tauber and Stasney.
· Maintain two-way traffic along Tauber and Stasney.
· This option does require an amendment to the UDO.
· This option will require a small amount of additional ROW and an access
easement along Tauber between University and Church.
· This option will result in the loss of approximately 96 parking spaces along
Tauber and Stasney.
Budget & Financial Summary: The current project budget for the Tauber and Stasney
Street Rehabilitation Project is $3,058,128. Funds in the amount of $572,840.70 have been
expended or committed to date, leaving a balance of $2,485,287.30 in the project budget.
Attachments:
1. Map
30
U n i v e r s i t y Dr
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Tauber and Stasney Street Rehabilitation
Project Location Map
31
July 9, 2009
Regular Agenda Item No. 2
Ch. 13 Flood Hazard Protection – No Adverse Impacts to Floodplain
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion an
ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard
Protection.
Recommendation(s): Staff recommends approval of this ordinance amendment with
the primary benefit of enhanced flood hazard protection.
Summary: At the June 25, 2009 Council requested two additional revisions to the
proposed ordinance including:
(1) Explicitly stating that the subject ordinance applies to both public and private
projects, and
(2) Proposed street and public utility encroachments in the Floodway shall be
exempted from the requirement of a variance from the Zoning Board of
Adjustments (ZBA) provided that an engineering report demonstrates that the
encroachments shall not result in any increase in water surface elevation or flood
hazard. Note that all requirements associated with an encroachment into the
FEMA Special Flood Hazard Area would apply as well.
The following further summarizes the ordinance amendment proposal as presented in the
June 25th City Council Meeting:
(1) To restrict the following activities that would have an adverse impact on the
FEMA Special Flood Hazard Area:
a. increased flood elevation,
b. increased Special Flood Hazard Area,
c. decreased conveyance capacity,
d. decreased storage volume, and
e. increased velocities;
(2) To exempt the above restrictions:
a. Where the adverse impact is wholly contained:
1. on the subject property,
2. on a property where its owner joins the associated development
permit application which causes, quantifies, and outlines the
adverse impact,
3. within a Private Drainage Easement which is specified to be
privately owned and maintained, and is recorded at the Brazos
County Court House, or
4. within the Public Right-of-Way;
32
b. For tracts platted prior to the effective date. So, subsequent Site Plans,
Development Permits, and Building Permits on grandfathered tracts would be
exempt from these proposed amendments.
(3) To require that approved mitigation such as excavation, must be properly
approved and occur prior to any approved encroachment or fill is placed in the
construction sequencing.
(4) To require an Engineer’s Certification of Compaction of fill in accordance with
FEMA Technical Bulletin 10-01 for proposed fill activities encroaching into the
FEMA Special Flood Hazard Area or the Ultimate Base Floodplain area;
(5) To quantify that Conditional Letters of Map are required for modification of any
watercourse where total of 300 feet reach or more of channelization or closing
within a culvert;
(6) To establish that the City Engineer is the Administrator of the Flood Hazard
Ordinance.
Lastly, similar to one of the exemptions above, the effective date for this ordinance has a
proposed 120 day effective date from adoption to further enable projects underway to not
be influenced.
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
2. Stakeholder Minutes Summary
33
34
35
36
37
38
39
40
41
42
43
44
45
No Adverse Impacts Stakeholder Meeting
Monday, April 13, 2009
11:30 am
Staff present: City Engineer Alan Gibbs, Sr. Assistant City Engineer
Carol Cotter, Graduate Civil Engineer Erika Bridges, Drainage Inspector
Donnie Willis, Neighborhood Services Coordinator Barbara Moore,
Director of Capital Projects Chuck Gilman, Greenways Program Manager
Venessa Garza, First Assistant City Attorney Mary Ann Powell, Staff
Assistants Deborah Grace-Rosier, Brittany Caldwell, and Nicole Padilla
City Council Members present: John Crompton and David Ruesink
Stakeholders present: Veronica Morgan, Joel Mitchell, Chuck Ellison,
Hunter Goodwin, Dale Browne, Fred Paine, Paul Kaspar, Steven Davis,
Henry Wittner, Doris Watson, Parviz Vessali, Rebecca Riggs, Danielle
Singh, James Batenhorst, Kent Laza, Jeremy Peters, Ani Dutta, Jesse
Durden, Chris Harris, Kim Jacobs, Mike Davis, Chris Wilde, Brandon
Hilbrich, Ralph Wurbs, Jeff Robertson, and Steve Duncan
Presentation by Alan Gibbs discussing primary intent of meeting to
hear public feedback on No Adverse Impact draft ordinance as directed
by City Council at their March 12th meeting. Mr. Gibbs discussed the
five future floodplain initiatives that are under consideration: Speculative
Fill Policy, Riparian Buffer/Setback, Increased Free-Board, Future
Conditions Modeling, and Parallel Open Space between the creek and
developments. Current floodplain management initiatives he mentioned
as currently under way include: the Tree Preservation Ordinance,
Application to FEMA to become CRS Community, the Greenways Master
Plan, Drainage/Floodplain Management in the ETJ, Green College
Station, Parks Acquisition/Dedication, the Stormwater Management
Plan, the TPDES Committee membership, and FEMA Map Modernization.
To preface the discussion about the proposed ordinance, Mr. Gibbs
stated that by definition No Adverse Impact seeks to go beyond federal
and state minimum requirements and provide a higher level of protection
for citizens and prevent increased flooding presently and in the future.
He discussed the following changes which are proposed under the draft
ordinance:
46
· Restrict activities in the Special Flood Hazard Area so that: Flood
Elevation not increased, Special Flood Hazard Area not increased,
Conveyance Capacity should not be decreased, Storage Volume
should not be decreased, and Velocities should not be increased.
Exemptions include if negative impacts are contained on subject
property or within Public ROW and grandfathered for tracts platted
prior to 120 days after passage of the ordinance.
· Prohibiting removal of trees and vegetation for mitigation of
encroachments.
· Requirement of Engineer’s Certification of Compaction in
accordance with FEMA Technical Bulletin.
· Mitigation constructed prior to other proposed site improvements.
· Clarify that CLOMRs are required for 300-ft channel or culvert
modification.
· Utilize Future Conditions Floodplain Model, if available, in lieu of
BFEs for Elevation Certificates and Minimum Finished Floor
Elevations.
· Defining what the Future Conditions elevation is and Mannings
Roughness Coefficient.
· Clarify that the City Engineer is the Flood Ordinance
Administrator.
Open forum:
Initial presentation brought about discussion regarding the wording of
the draft ordinance amendment and future conditions.
1. Comment regarding language used for grandfathered properties
which were platted 120 days prior to passage of the ordinance.
Chuck Ellison suggested that the phrase “prior to” be removed from the
draft ordinance if this really refers to tracts platted up to 120 days after
the passage of the ordinance. Mr. Gibbs indicated that he would verify
the language.
2. Question about encroachment in Future Conditions models.
Veronica Morgan expressed concern about the way the draft ordinance is
worded. Her understanding is that encroachment would not be
permitted on property currently outside the Special Flood Hazard area
but included in that area in the Future Conditions model. Mr. Gibbs
clarified stating that floodplain encroachment would still be permitted,
but would need to follow all ordinance requirements.
47
3. Question if Future Conditions models would account for site
specific or regional detention facilities.
Fred Paine questioned whether Future Conditions models without
construction of flood detention structures accounted for site specific or
regional detention.
Mr. Gibbs referenced a federal court ruling in which detention was left
out of their definition of Future Conditions based on a regional mitigation
effort. If there is only a “planned” regional detention facility, you cannot
take credit through the model for detention until it is actually built.
4. Question regarding how Future Conditions model would be
developed.
Rebecca Riggs asked how the City anticipated creating the Future
Conditions models for all of the local watersheds.
Alan Gibbs responded that it would most likely be done by individual
watershed or at least by tributary. He anticipates updating the
hydrology for future conditions and using the existing HEC-RAS models.
Ms. Morgan replied that hydrology and cross-sections would both need to
be updated to reflect current and future conditions since so much
development has occurred since they were developed.
Mr. Gibbs commented that the City may be able to OP more extensive
studies where LOMRs are already being prepared and it wouldn’t be
much additional work to model the remaining tributary.
Mr. Gibbs also mentioned that despite our detention policies, flows
within the channels continue to rise. Future Conditions modeling is a
way to address some of this increased flow.
5. Concern that increasing floodplain in areas due to Future
Conditions modeling, and not accounting for required detention
on the site, would in effect be “double dipping.”
Fred Paine said that most site development requires detention, and it
seems like “double dipping” to increase floodplain on sites but not
account for detention. Mr. Gibbs responded that H&H modeling does
not typically account for small commercial and residential detention and
proposed Future Conditions modeling would be consistent with that
practice.
Mr. Paine likened this concept to providing site detention under proposed
conditions because it is a requirement, but modeling the site without
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taking it into account because detention may not work. Mr. Gibbs
indicated that the City is open to utilizing a more detailed model.
6. Concern that Future Conditions modeling for upstream
properties would increase floodplain on unrelated sites
downstream which would be “exaction” of property.
Chuck Ellison reiterated the concerns of Veronica Morgan and Fred
Paine asking why floodplain would be increased in a fully developed
model if post-development flows be equal to or less the pre-development
flows. He went on to state that increasing the floodplain downstream to
account for upstream development would be an illegal exaction of land.
Mr. Gibbs responded that in future conditions models, it would not make
sense to account for the benefits of regional detention which is not yet
built because it may not be built. Furthermore, not all properties require
detention and take flows back to pre-development rates. Some
properties lie in areas where detention is not required and it becomes a
timing issue with the rapid conveyance.
7. Comment that ordinance language should be changed to utilize
updated existing conditions rather than future conditions.
Veronica Morgan suggested that the language be changed in the
ordinance to not include Future Conditions. She said that the ordinance
could be reworded to reflect updated Existing Conditions and that would
alleviate concerns about how a Future Conditions model should be built.
Mr. Gibbs stated that the intent at this point was to collect comments
and possibly redraft the language. He also added that this method is
being used in communities across the state and nation, so he is
comfortable that it was not an exaction issue.
Mark Smith stated that the draft ordinance that was presented refers to
Future Conditions, but the ordinance would be operating under Existing
Conditions until the new model was adopted by Council. He said that
there would be separate discussions later regarding Future Conditions
design methodology. Mr. Smith indicated that this is only one part of the
No Adverse Impacts Toolkit, but it would benefit the community and
reduce flood risk.
8. Comment that new ordinance should not be adopted until Future
Conditions model is complete.
Chuck Ellison suggested that it may be better to amend the Flood Hazard
ordinance later after there the Future Conditions model is complete.
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Mr. Smith agreed and reiterated that the Future Conditions model design
would be debated in the future and the ordinance would operate under
the Existing Conditions model.
Mr. Gibbs also agreed that the Future Conditions should probably be
removed from the Flood Ordinance until the model is ready.
9. Comment about use of Future Conditions model in other cities.
Veronica Morgan stated that Future Conditions models in other cities are
used as a basis for raising the BFE, etc. but do not preclude development
in the floodplain.
Mark Smith agreed and stated that the City has used a similar approach
as Future Conditions in the past with excess freeboard requirements. He
said he could also see using the Future Conditions model in bridge and
culvert design.
Alan Gibbs mentioned that the City of Plano is an example of a city with
a more stringent ordinance. They require that all Future Conditions
floodplain areas be dedicated to the City, which is more aggressive than
what is being proposed by the City of College Station. He also stated that
the City had considered proposing that developers to provide Future
Conditions models for the entire basin when a LOMR is being done, but
ultimately felt that it was too onerous.
10. Question about permitting removal of vegetation in a case
where channel improvements and mitigation are proposed.
Veronica Morgan proposed a scenario where a development is proposing
a floodplain encroachment but mitigating with upper bank improvements
(above the high water mark) and some additional storage volume. As the
ordinance reads, Ms. Morgan feels that this would be allowed although
she would be removing some vegetation.
Mr. Gibbs stated the ordinance was trying to keep people from clear-
cutting trees only as means to drop the n-value as their sole form of
mitigation. He suggested that language be included in the ordinance to
allow channel improvements and also stated that the ordinance was not
actually prohibiting trees from being removed.
Fred Paine mentioned that he submitted a LOMR and FEMA told him
reduce the “n” value to reflect the existing conditions on the site. Mr.
responded that a separate model could be submitted to the City in which
n-values were not reduced.
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Ms. Morgan questioned how a bridge crossing and associated channel
improvements could be accomplished without removing trees. Mark
Smith responded that removing vegetation would be fine in that case
because you aren’t removing the vegetation for the purpose of lowering
the n-value. Mr. Smith stated that this regulation would go beyond
FEMA requirements. The City wants to achieve Zero Rise, but does not
want to sacrifice vegetation to do it. He said there are two objectives: to
not increase flood rise and less removal of vegetation in greenbelts in
College Station. Both objectives are related, but not necessarily hard-
wired together. Some trees will have to be removed when doing channel
improvements.
Fred Paine suggested that some sort of “Tree Protection Line” be required
that would prevent removal of trees beyond a certain point.
Mr. Gibbs clarified that this was not intended as a complete Tree
Ordinance, but currently there was a Tree Ordinance being drafted. He
added that there was language included in the ordinance that would
exempt rise occurring in the right-of-way.
Joel Mitchell commented that the language in the ordinance regarding
removal of vegetation to lower n-values was written backwards. He feels
that Zero Rise cannot be achieved without channel improvements, but
channel improvements cannot occur without removal of vegetation.
Mr. Gibbs agreed that the language needed to be clearer in establishing
the difference between removals of vegetation for channel improvements
and clear-cutting to reduce n-values. Mr. Mitchell offered to aide in
revising this language.
There seemed to be a consensus that some sort of riparian buffer (either
including the entire floodplain or 50-ft off of the centerline of the creek)
may be the best option.
11. Question concerning where LOMR would be required.
Mike Davis questioned when conditional LOMRs would be required and if
this applies to any channel or waterway upstream.
Alan Gibbs responded that currently Conditional LOMRs are only
required when a watercourse is modified and only applies to FEMA
Special Flood Hazard areas.
A suggestion was made that more specific wording be added to the
ordinance as to where this would be required. Mr. Gibbs stated that this
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should only apply to Special Flood Hazard areas that should be applied
to the entire section of the ordinance without adding additional verbage.
Fred Paine asked if the ordinance would apply to areas that are
waterways but not currently considered FEMA Special Flood Hazard
zones or haven’t been studied. Mr. Gibbs said that the ordinance would
not apply to those areas as drafted.
12. Concern that incidental effects may occur on adjacent
property when altering floodplain.
Mike Davis raised the concern that any changes made to the floodplain
on one property would cause some sort of effect (i.e. increased velocity or
rise) on an adjacent property. What effects on an adjacent property
would be permitted?
Mr. Gibbs responded that FEMA considers Zero Rise as a 0.02-foot or
less rise (since it rounds to zero). The way the language in the ordinance
is drafted, the City would be able to use FEMA’s interpretation of Zero
Rise.
13. Concern that adjacent property owner may not want to plat in
order to allow improvements on their site.
Veronica Morgan stated that the language to allow purchase or easement
on an adjacent property owner’s land was not included in the ordinance.
She expressed concern that she would have a hard time proceeding with
development if she had to get adjacent property owners to plat as well.
Could an easement or something be permitted on the adjacent property?
Mr. Gibbs stated that language may be able to be added to allow the
adjacent property owner to be a co-applicant without triggering the
platting requirement. Ultimately, the items that trigger platting would be
a legal and planning issue.
Mark Smith commented that if easements were granted, it would be
preferred that they were granted between property owners rather than
from a property owner to the City. Ms. Morgan concurred.
14. Concern about the equitability of the ordinance.
Hunter Goodwin commented that the City is the primary developer
within the floodplain but would not have to follow the constraints of the
Flood Hazard and Tree Ordinances. He added that it would be costly for
a developer to remove trees in the floodplain and mitigate, but the City
would not incur costs for doing the same.
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Alan Gibbs responded that the City would have to follow the same
regulations as the development community. Mark Smith added that the
City may have to look at transferring money into the Greenways Fund or
something similar to mitigate for its development in the floodplain.
Meeting closed 2:00pm.
Enclosures (2)
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July 9, 2009
Regular Agenda Item No. 3
Hike & Bike Trail Completion
Professional Services Contract and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, presentation, possible action, and discussion
concerning a resolution awarding the professional services contract (Contract No. 09-241)
with Bury + Partners, Inc. in the amount not to exceed $112,133 for engineering design
services for the Hike & Bike Trail Completion Project (ST-0904) and approval of a resolution
declaring intention to reimburse certain expenditures with proceeds from debt.
Recommendation(s): Staff recommends Council approval of the resolution and award
of the professional services contract to Bury+Partners, Inc and recommends approval of the
resolution declaring intention to reimburse certain expenditures with proceeds from debt.
Summary: The Hike & Bike Trail Completion Project was part of the 2008 bond
authorization to implement projects identified by the Hike & Bike Task Force and adopted by
Council on November 23, 2004. The high priority project identified for completion is a
portion of Bee Creek Greenway Trail along the north side of the FM 2818 corridor from
Welsh Ave. to Texas Ave. This project is also identified on the Bikeway and Pedestrian
Master Plan.
Staff recommends award for professional services to begin design of this facility. This
project aims to create and increase safe and convenient multi-modal transportation options
within the City. The greenway trail will connect key destinations including A&M
Consolidated High School, Bee Creek Park as well as residential and commercial property
along this corridor. It will also connect to improvements underway along Longmire,
including intersection improvements at FM 2818 and the bridge crossing Bee Creek, which
will further increase multi-modal connectivity throughout the city. This also provides the
opportunity to address concerns from students at A&M Consolidated who spoke at the May
18th City council meeting in need for a place to walk and bike along this corridor.
Budget & Financial Summary: This project is funded from the 2008 Bond Authorization
in the amount of $1,000,000. Funds in the amount of $333,000 have been appropriated
this fiscal year for the design of the trail. $1,302.80 have been expended or committed to
date, leaving a balance of $331,697.20 for this contract award and other FY09 expenses.
The balance of the budget will be appropriated in future fiscal years. The “Resolution
Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is
necessary for this item because the long term debt has not been issued for the project. The
debt for the project is scheduled to be issued later this fiscal year and future fiscal years.
Attachments: 1.) Resolution
2.) Project Location Map
3.) Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds from Debt
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July 9, 2009
Regular Agenda Item No. 4
Annual Review of the Unified Development Ordinance
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
the annual review of the Unified Development Ordinance (UDO), including recent UDO
amendments, proposed amendments, and requested amendments.
Recommendation(s): The Planning & Zoning Commission recommends that staff-
identified and developer-requested code amendments be pursued.
Summary: The annual review of the Unified Development Ordinance is required by the
ordinance to provide for an on-going effort to keep the development codes of the City of
College Station current and relevant. The UDO also calls for an annual review of the
Comprehensive Plan, which was recently completed through the consideration and adoption
of the Comprehensive Plan update on May 28, 2009.
The last annual review was considered by City Council on June 12, 2008. A list of
amendments to the UDO since that time, along with pending amendments, staff-proposed
amendments, and developer-requested amendments, is included as an attachment. A
second attachment describes the type of code amendments that will be necessary to help
reach the goals of the newly adopted Comprehensive Plan.
Budget & Financial Summary: N/A
Attachments:
1. 2009 Annual Review of the Unified Development Ordinance
2. Implementation of the Comprehensive Plan Through the Unified Development
Ordinance
3. Planning & Zoning Commission minutes from June 4, 2009
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2009 ANNUAL REVIEW
OF THE
UNIFIED DEVELOPMENT ORDINANCE
Approved Amendments to the UDO since June 12, 2008
1. Design Review Board Membership (August 6, 2008)
Article 2 Development Review Bodies was amended to provide flexibility in Design Review
Board member positions. Those with architectural and landscape architectural experience
and/or education can now fulfill the roles of “architect” and “landscape architect” (respectively)
on the Board. Also, the position with a design district connection has been expanded to allow
the services of business owners within a design district.
2. Historic Preservation Enabling Ordinance (September 11, 2008)
Articles 2 Development Review Bodies, 3 Development Review Procedures, 4 Zoning Districts,
5 District Purpose Statements and Supplemental Standards, 10 Enforcement, and 11
Definitions were amended to create a Historic Preservation Overlay Zoning District that may be
used to preserve historically significant sites and areas in the City. Included in this amendment
was the creation of a Landmark Commission and the processes involved to receive Certificates
of Appropriateness and Certificates of Demolition.
3. Traffic Impact Analysis (October 23, 2008)
Article 7 General Development Standards was amended to require traffic impact analyses for all
rezoning and site plan proposals projected to exceed 150 vehicle trips in the peak hour. It
established the trip generation rates that are used for rezoning requests, identified what is
required in the TIA, specified how the TIA is analyzed, and how traffic impacts are mitigated.
4. Master Plans and ETJ Issues in the UDO and Subdivision Regulations (November 5, 2008)
The Subdivision Regulations and the Unified Development Ordinance were amended to remove
master plans and amend standards relating to the Extraterritorial Jurisdiction, including the
minimum lot size, minimum lot width, and allowable street design.
5. Parkland Dedication in the Subdivision Regulations (December 11, 2008)
The Subdivision Regulations and Code of Ordinances were amended to update the Parkland
Dedication Ordinance. Included in these amendments were new dedication requirements and
fees and the addition of provisions for community parks.
6. Subdivision Regulations into the UDO (December 16, 2008)
The provisions of the Subdivision Regulations were moved into the UDO and deleted as a
separate chapter in the Code of Ordinances. Procedural changes to the regulations (such as
the requirement of title reports to subdivide and the alignment of permit timeframes with the
TEXAS LOCAL GOVERNMENT CODE) were also made at this time.
7. Detention Pond Aesthetics (January 22, 2009)
Article 7 General Development Standards was amended to remove detention pond screening
requirements, provide alternatives to existing material and design options to support green
development, and add regulations regarding exposed concrete involved in storm water
management facilities.
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8. Alcohol Sales in Wolf Pen Creek and Residential Northgate (March 26, 2009)
Articles 6 Use Regulations and 11 Definitions were amended to make retail sales of alcohol,
nightclub, and tavern uses subject to Conditional Use Permits in the Wolf Pen Creek (WPC)
zoning district (with the exception sales on City-owned premises), and to prohibit the retail sale
of alcohol in the Residential Northgate (NG-3) zoning district.
9. Sign Ordinance (May 18, 2009)
Articles 7 Development Standards and 11 Definitions were amended to allow signage for real
estate related events and to allow government facilities located on agricultural- or residentially-
zoned property to have attached signage.
Pending Amendments to the UDO
10. Tree Preservation
With direction from City Council on January 10, 2008, a toolkit of tree preservation measures
has been explored, three public meetings have been held to gather input, and Staff has
presented information regarding options for the amendment four times to City Council. At a
public hearing on the matter on May 18, 2009, Council provided direction that they wish to
consider an ordinance amendment that would protect trees in riparian areas, require at least two
trees per new single family lot, allow more credit for preserved trees (excluding sensitive post
oaks) on developing sites, and provide credit for landscape plans prepared by landscape
architects or similar professionals.
11. Phase II of the Subdivision Regulations update
The first phase of the update to the Subdivision Regulations was to align them with the
requirements of the TEXAS LOCAL GOVERNMENT CODE and to integrate them into the Unified
Development Ordinance. The second phase will be to update the regulations, which have not
been considered comprehensively for update since their inception in the 1970s. Phase Three
will eventually align the subdivision regulations with the goals of the newly-adopted
Comprehensive Plan.
12. Enhanced development standards for dense, small-lot single family residential development
The Strong and Sustainable Neighborhoods Implementation Program included an action
statement, to begin in 2009, to develop higher development standards for single family
developments susceptible to conversion to rental units. These were to include items such as no
parking zones concurrent upon recording of plats, designated overflow parking areas,
mandatory alleys, off-street parking tied to number of bedrooms, and maximum lot coverage.
These standards could be lessened or waived if the development was subjected to a zoning
prohibition against two or more unrelated individuals residing in the homes.
13. Parking Lot Berms
After a presentation by Staff to Council on the implementation of non-residential architectural
standards, Staff received direction to develop additional requirements for the use of berms for
parking lot screening. The proposed ordinance amendments are intended to modify the
requirements for parking lot screening required in conjunction with the Non-Residential
Architectural Standards.
14. Northgate Ordinance
Staff will be scheduled to discuss Northgate regulations with City Council at an upcoming
workshop.
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Staff-Identified Amendments to the UDO
15. Temporary leasing offices for multi-family
On several occasions, temporary leasing offices have been requested for multi-family
developments on unplatted properties that are part of planned development projects, but not on
the apartment communities’ land. An amendment would codify the interpretation staff has made
to allow for such temporary uses.
16. Expansion of architectural features for Non-Residential Architectural Standards
The Non-Residential Architectural Standards have been in place for almost five years. Staff has
noticed that many of the same architectural elements are being utilized to meet the
requirements of this code. While the list of architectural features in the ordinance was not
intended to be all-inclusive, to propose something other than what is on the list requires another
level of review that many building designers or developers choose not to pursue. Staff would
like to increase the number of architectural elements on the list to provide more options by right.
17. Permanent storage container area screening
As more businesses explore storage containers as permanent solutions to their inventory space
needs, Staff has realized that some flexibility in the screening requirements would be beneficial.
Planning would like to amend the portable storage structures regulations to adjust screening
requirements when visibility of the permanent container area is limited.
18. UDO amendments related to the new Comprehensive Plan
A number of amendments will be necessary to implement the vision of a newly adopted
Comprehensive Plan. A preliminary list of needed amendments related to this are presented in
the attachment “Implementation of the Comprehensive Plan Through the Unified Development
Ordinance”.
Developer-Requested Amendments to the UDO
19. Signage in Wolf Pen Creek/Signage for Mixed Use Projects
Commercial signage in Wolf Pen Creek is required to meet the standard requirements of
commercial signage in College Station. When a sign has done this, the Design Review Board
determines if it meets the design requirements associated specifically with the Wolf Pen Creek
district (such as compatibility with the district and integration into building architecture). Signage
for mixed use projects is not addressed in the ordinance. The developer of the Lofts at Wolf
Pen Creek has proposed a sign package that in some ways does not fit within the regulations of
the UDO, and in other ways does fit within the UDO but is not in compliance. He is requesting
that in addition to attached and freestanding signs, banners that project away from the building
to be allowed on a permanent basis.
Currently, Staff has interpreted the ordinance to allow mixed-use buildings to utilize a mixture of
signage. Clarity in sign regulations for mixed uses would be beneficial; but Planning has
concerns with proposals that would promote the use of quickly-degrading banner material on a
permanent basis and the proliferation of signage.
20. Outdoor Display
Outdoor display of items for sale is allowed between the wall of a retail building and five feet
from the wall. The developer of Lowe’s has proposed that instead of outdoor display areas
being limited in this manner, that the square feet of display area allowed by such a regulation be
able to be configured as the retailer wishes.
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Staff agrees that some flexibility could be allowed through the ordinance, but still feels some
limitations should be in place to regulate the number and expanse of such display areas.
21. Hotel/Motel as an Acceptable Use with a Country Club
Pebble Creek Country Club is exploring the possibility of a freestanding building on their site
that would provide lodging. The integrated use of a few suites into the clubhouse could be
considered an accessory use, but a separate commercial facility sharing the site goes beyond
on the allowances given for an accessory use. These type of facilities are not uncommon with
resorts/some country clubs, but it would stretch the limits of the current ordinance to allow for
the facility. The use could currently be pursued through a PDD rezoning and concept plan. If
desired, the ordinance could be amended to allow the use by right or through the conditional
use process.
Staff believes that neighborhoods and surrounding property owners should be informed of such
changes and given an opportunity to speak to the City Council through a public hearing before
such a use could develop. The conditional use permit process would allow Council (with the
recommendation of the P&Z) to decide if such a use were appropriate on a property and if any
mitigating efforts would be necessary. This could also be done through a rezoning for a
Planned Development District, but a rezoning would be more complex than necessary if the
desire is to only address the appropriateness and impact of one use on the site.
22. Recreational vehicle (RV) parks
Currently, new RV parks may not develop in the City. The owner of Holiday Park, a
manufactured home and RV park at the corner of Harvey Mitchell Parkway and Dowling Road,
has requested an amendment to allow RV parks by right within the City limits (the use at this
location was annexed in to the City). The use could currently be pursued through a PDD
rezoning and concept plan. If desired, the ordinance could be amended to allow the use by right
with supplemental standards such as maximum density, setbacks, required buffering, and off-
street parking.
Regulations regarding RV parks were discussed when the UDO was originally under
consideration, but City Council did not support the use in the adopted UDO. An amendment for
RV parks was also requested as part of the 2005 Annual Review, but Staff was not given
direction to pursue the amendment.
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IMPLEMENTATION OF THE COMPREHENSIVE PLAN THROUGH THE
UNIFIED DEVELOPMENT ORDINANCE
The College Station Comprehensive Plan: 2009-2029 is a statement of the community's vision for the
future and provides strategic direction to guide change, providing for growth with a high quality of life.
Where the Comprehensive Plan is the guiding policy document for decisions made of behalf of the
community, the Unified Development Ordinance is the regulatory document used to help implement the
vision.
Over the next two years, Staff will be researching ordinances, gathering stakeholder input, and drafting
ordinance amendments to reach several of the goals of the adopted Comprehensive Plan.
Amendments will be necessary to carry out several of the employed strategies that are to meet
community goals. These amendments fall into five main categories as described below.
1. Zoning districts and their dimensional standards
The new Comprehensive Plan partially shifts the land use paradigm for College Station. Land use
designations shift from being density/intensity-centered to focusing on density, intensity, and form.
As such, some of the zoning districts created to implement old land use designations will no longer
be the most relevant tools for the implementation of a new plan. An evaluation of the existing
zoning options and their standards will need to take place and appropriate amendments developed,
including those for new zoning districts, to realize several goals of the Comprehensive Plan. This
will be one of the more complex—but most effective—ways to implement the Plan.
2. Context Sensitive Solutions/Context Sensitive Design
As land uses begin to be evaluated in a new way with a new plan, so does the transportation
system that supports the emerging pattern. Transportation facilities will still be planned based upon
need and with effective routing, but the Comprehensive Plan takes the planning of facilities beyond
engineering to add a value-based component. Context Sensitive Design will be incorporated into
the UDO’s subdivision regulations (and the related B/CS Unified Design Guidelines) to provide
multi-modal transportation system designs that will be employed based upon the context through
which the facilities will move. For developed areas that will be retrofitted with transportation
facilities or have their facilities expanded or upgraded, code amendments will prescribe a Context
Sensitive Solutions process to develop the design appropriate for each unique area.
3. Subdivision regulations
Recently, the City’s subdivision regulations have been updated to reflect procedural changes and
state code requirements, and have been integrated into the Unified Development Ordinance.
Amendments are currently being drafted to modernize the code. Now that a new Comprehensive
Plan is adopted, changes will be proposed to align urban design and design standards (including
infrastructure design through the B/CS Unified Design Guidelines) with the vision for College
Station. Context Sensitive Design will be integrated into subdivision design, but identification of
efforts related to this element stands on its own in this document to highlight its significance in the
way the citizens, the City, and design will interact.
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4. General development standards
General development standards are those that are considered the minimum necessary to ensure
the community’s health, welfare, morals, and safety. These include regulations such as the
prohibition of dust coming from a property, the installation of landscaping, the aesthetic design of
commercial buildings, and the spacing of driveways. The physical development of the city has a
tremendous impact on the perception of the community, and the regulation of site design elements
is the most precise tool to affect the built environment. Current regulations will need to be
evaluated and new ones explored to provide standards that will help to fulfill the adopted goals of
the community.
5. Future amendments
The Comprehensive Plan has several action items identifying a need to amend the Unified
Development Ordinance, but not all amendments should be immediately pursued. In some
instances, existing codes have not been significantly tested to warrant immediate evaluation. Some
codes should not explored until after a small area planning process determines their need. Actions
calling for amendments such as these will need to be reviewed on a routine basis to evaluate if and
when they should be employed.
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June 4, 2009 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, June 4, 2009,
7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: John Nichols, Noel Bauman, Paul Greer, Doug Slack,
Winnie Garner, and Hugh Stearns
COMMISSIONERS ABSENT: Thomas Woodfin
CITY COUNCIL MEMBERS PRESENT: James Massey
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert
and Matthew Hilgemeier, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe
Guerra, Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant Director
Lance Simms, First Assistant City Attorney Carla Robinson, Action Center Representative
Carrie McHugh, and Staff Assistant Brittany Caldwell
Regular Agenda
1. Public hearing, presentation, possible action, and discussion regarding the annual review
of the Unified Development Ordinance. Case #09-00500076 (BC)
Director Cowell gave a presentation regarding the annual review of the Unified
Development Ordinance. He reviewed the approved amendments since June 12, 2008,
pending amendments, staff-identified amendments, and developer-requested
amendments. He also discussed the implementation of the Comprehensive Plan through
the Unified Development Ordinance.
The staff-identified amendments consisted of temporary leasing offices for multi-family
developments, expansion of architectural features for Non-Residential Architectural
Standards, permanent storage container area screening, and UDO amendments related to
the new Comprehensive Plan.
The developer-requested amendments consisted of signage in Wolf Pen Creek-signage
for mixed use projects, outdoor displays, hotel/motel as an acceptable use with a country
club, and recreational vehicle (RV) parks.
Chairman Nichols opened the public hearing.
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June 4, 2009 P&Z Regular Meeting Minutes Page 2 of 2
Dwayne Blackman, Lowes, said that the expanded list of architectural features would
help and provide more flexibility. He also stated that there is no flexibility in the current
outdoor display ordinance.
Donald Jones, Holiday RV Park, stated that the RV park is very well maintained and they
are looking at expanding.
Chairman Nichols closed the public hearing.
Commissioner Garner stated that outdoor displays need to have a permanent location.
There was general consensus from the Commission that the amendments should be
considered.
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July 9, 2009
Regular Agenda Item No. 5
CSISD Interlocal Agreement for Joint Use of Facilities
for Parks and Recreation Department Recreation Programs
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion to approve an Interlocal
Agreement (ILA) for Joint Use of Facilities for Parks and Recreation Department Recreation
Programs between the City of College Station and the College Station Independent School
District (CSISD).
Recommendation(s): The Parks and Recreation Advisory Board and Staff recommend
approval of the Interlocal Agreement for Joint Use of Facilities with CSISD.
Summary: The City and CSISD have had numerous Interlocal Agreements in place over
many years for various City and CSISD recreation and education programs. One of those
agreements is for the joint use of facilities between the two entities. This proposed
Interlocal Agreement will consolidate many of those separate agreements into one
document. The current agreement was last renewed in 1999. This new agreement will also
include exhibits related to the operations of the Kids Klub, Natatorium and XTRA Education
Programs. The use of this agreement allows both entities to provide services and programs
for their customers in a cost effective manner for all parties.
The Parks and Recreation Advisory Board reviewed and considered this ILA at their June 9,
2009 regular board meeting. They voted unanimously to recommend that the City Council
approve this ILA.
Budget & Financial Summary: The impact to the Parks and Recreation Department
operations budget for the next fiscal year will be dependent upon the actual use involved of
the joint use facilities. There are no changes in the programming of City recreation
programs anticipated at this time with relation to this ILA.
Attachments:
1. Interlocal Agreement for Joint Use of Facilities
2. Minutes – Parks and Recreation Advisory Board June 9, 2009
3. ILA Program Sites
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INTERLOCAL AGREEMENT FOR JOINT USE OF FACILITIES
FOR PARKS AND RECREATION DEPARTMENT RECREATION PROGRAMS
BETWEEN COLLEGE STATION INDEPENDENT SCHOOL DISTRICT
AND
THE CITY OF COLLEGE STATION, TEXAS
THIS AGREEMENT is made and entered into by and between COLLEGE STATION
INDEPENDENT SCHOOL DISTRICT (hereinafter referred to as "CSISD"), and the CITY OF COLLEGE
STATION, TEXAS (hereinafter referred to as the “City”), a Texas Home Rule Municipal Corporation.
(CSISD and the City may be referred to hereinafter either individually as the “Party” or “Agency” or
collectively as the “Parties” or the “Agencies”.)
WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE, also known as the INTERLOCAL
COOPERATION ACT, (the “Act”), authorizes all local governments to contract with each other to provide a
governmental function or service that each Party to the contract is authorized to perform individually and
in which the contracting Parties are mutually interested, such as administrative functions, planning, parks
and recreation and engineering; and
WHEREAS, the City is a Home-Rule Municipal Corporation organized under the laws of Texas
and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5 OF ITS CITY CHARTER; and
WHEREAS, CSISD is an independent school district and is authorized to enter into this
Agreement pursuant to the approval of its board of trustees; and
WHEREAS, the City and CSISD represent that each is independently authorized to perform the
functions contemplated by this Agreement; and
WHEREAS, the governing bodies of the City and CSISD are mutually interested in providing high
quality programs for education and recreation activities (herein referred to as “Programs”) for the citizens
of College Station in a cost-effective manner; and
WHEREAS, full cooperation between the City and CSISD is necessary to achieve the best
services for the citizens of College Station in a cost effective manner; and
WHEREAS, the authority to administer this Agreement may be delegated by the City and CSISD
to the City Manager and the Superintendent or their designees;
NOW THEREFORE, the City and CSISD herein enter into this Agreement pursuant to the above-
named Act to authorize their representatives to cooperate by allowing the joint use of areas and facilities
(herein referred to collectively as “Facilities”) under the following terms and conditions:
A. Obligations of Each Agency for Use of Facilities.
1. CSISD will identify school Facilities which are suitable for the Programs, and subject to the joint
agreement of the Parties, make those Facilities available to the City for community Programs.
2. The City will identify Facilities which are suitable for the Programs, and subject to the joint
agreement of the Parties, make those Facilities available to CSISD for community Programs.
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3. All established Facility rules and regulations will apply to users from both Agencies. Subject to
any specific cost-sharing provisions set forth in this Agreement, additional costs for personnel,
equipment or supplies that may be required for a Program will be arranged in advance by the
Agency using the Facility for such Program by contacting the Facility manager of the Agency
which owns such Facility. Costs associated with the Program will be the responsibility of the
Agency using the Facility for the Program.
4. Each Agency shall be responsible for the maintenance, utilities and reasonable janitorial
services for their own Facilities regardless of which Agency uses the Facility except as
otherwise provided herein. The Agency using the Facility shall be responsible for reasonable
care and protection of the Facility and equipment provided for its Programs as well as for any
damages that may occur as a result of these Programs, except for normal wear and tear.
5 Each Agency will submit to the other Agency no later than December 1 of each year, a
schedule of proposed dates for the use of the Facilities for the next following calendar year.
Each Agency will have first priority for use of their respective Facilities. The second priority for
use will be granted to the other Agency. All other groups will have subsequent priority; provided
however, that an Agency may cancel the use of its Facilities upon written notice to the other
Agency no later than six (6) months prior to the beginning of the school semester for which the
cancellation is contemplated.
6. Both Agencies shall cooperate to make information about their respective Programs and
Facilities available to the citizens of the community.
7. Each Agency agrees to pay for the services and functions to which they are obligated under
this Agreement from current revenues.
B. Potential Joint Acquisition of Property and Development of Facilities.
1. Both Agencies agree that with respect to future land acquisitions for parks or school sites each
Agency will make a reasonable effort to jointly discuss community needs to foster potential
cooperative school/city developments. Final determination for a particular site rests with the
purchasing Agency.
C. Obligations for Joint Operation of Specific Facilities and Programs.
1. Both Agencies agree that joint operation of the Kids Klub after school care program is a mutual
benefit to the citizens of College Station. Specific operational information and details are
contained in the operational guidelines attached to this agreement as EXHIBIT “A”. EXHIBIT
“A” is incorporated herein by reference.
2. Both Agencies agree that the joint operation of the CSISD Natatorium is of mutual benefit to the
citizens of College Station. Specific operational information and details are contained in the
operational guidelines attached to this agreement as EXHIBIT “B”. EXHIBIT “B” is
incorporated herein by reference.
3. Both Agencies agree that the joint operation of the XTRA Education (community education)
program is a mutual benefit to the citizens of College Station. Specific operational information
and details are contained in the operational guidelines attached to this agreement as EXHIBIT
“C”. EXHIBIT “C” is incorporated herein by reference.
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D. Terms of Agreement.
1. The term of this Agreement shall be one (1) year commencing on the date upon which the
Agreement is approved by both parties. Thereafter, this agreement shall be automatically
renewed for successive one year terms up to a maximum of an additional nine (9) years unless
terminated earlier by either Party giving the other 60 days advance written notice.
2. This Agreement may be terminated at any time and for any reason without liability by either
Party upon written notice as provided herein not later than six (6) months prior to the beginning
of a school semester, and subject to the limitations herein.
E. Hold Harmless
The City and CSISD each individually agree to hold the other harmless from and against any
and all claims, losses, damages, causes of action, suits, and liabilities of every kind,
including 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.
The Parties understand and agree that each Party is a "Governmental Unit" as that term is defined
in Section 101.001(3) of the Texas Civil Practice Code. The Parties further understand and agree
that they are entitled to the, rights, protections and limitations which Title 5 of the Texas Civil
Practice and Remedies Code provides for Governmental Units, including the protections and
limitations afforded under Chapter 101 of the Texas Civil Practice and Remedies Code. The Parties
agree to indemnify and hold the other Party and its officers, trustees, directors, employees, and
agents harmless from claims, demands, causes of action, suits, damages, costs, and attorney fees,
in favor of any third party, subject to the following: (a) the Party’s obligation to indemnify extends
only to those claims, demands, suits, causes of action, damages, costs, or attorney fees, which
arise out of or are connected with their own acts or negligence; and (b) the Party’s obligation to
indemnify is subject to Title 5 of the Texas Civil Practice and Remedies Code. Notwithstanding
anything which may be construed to the contrary herein, the Party’s liability to indemnify will only
exist to the extent and to the limits that it would itself otherwise be exposed to liability under Title 5
of the Texas Civil Practice and Remedies Code.
F. Invalidity
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court 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.
G. 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.
College Station Independent School District
1812 Welsh
College Station, Texas 77840
Attn: Superintendent of Schools
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City of College Station
P. O. Box 9960
College Station, Texas 77842-9960
Attn: City Manager
H. 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 understandings, 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 the City, either
before or after the execution of this Agreement, shall affect or modify any of the terms or obligations
hereunder.
I. 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.
J. Texas Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
K. Place of Performance
Performance and all matters related thereto shall be in Brazos County, Texas, United States of
America.
L. 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.
M. Waiver
Failure of either Party, at any time, to enforce 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 the City thereafter to enforce each and every provision hereof. No 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.
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N. Agreement Read
The Parties acknowledge that they have read, understand and intend to be bound by the terms and
conditions of this Agreement.
O. Assignment
This Agreement and the rights and obligations contained herein may not be assigned by either
Party without the prior written approval of the other Party.
P. Multiple Originals
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.
COLLEGE STATION INDEPENDENT SCHOOL DISTRICT
By:
Charlotte Slack, Board President
College Station Independent School District
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of ____________________ 2009, by
Charlotte Slack, in his capacity as Board President of College Station Independent School District, a
political subdivision, on its behalf.
Notary Public in and for the State of Texas
My Commission expires on:
CITY OF COLLEGE STATION Attest:
By: _____________________________________
Mayor City Secretary
City of College Station
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APPROVED:
City Manager Date
City Attorney Date
Finance and Strategic Planning Director Date
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of , 2009, by
___________________, 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
My Commission expires on:
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EXHIBIT “A”
OPERATION OF KIDS KLUB
AFTER SCHOOL CARE PROGRAM
AGENCY OBLIGATIONS
The CSISD Superintendent and the City Manager, or their respective designees, shall each appoint a
representative from their Agency to serve as a director of Kids Klub. The two directors shall be
empowered to carry on the business of the Kids Klub program with the approval of their respective
supervisors. Subject to the following specific provisions, the general obligations of the Parties shall be as
follows:
Financial administration, participant registration, and provision of Facilities are the responsibility of
CSISD.
Daily operation, staff training, supervision, and curriculum development are the responsibility of the City.
A. Obligations of the City.
1. Interview, hire, train, evaluate, and when needed, dismiss staff.
2. Conduct a background check on all potential City staff employees.
3. Plan, carry out, and evaluate the program.
4. Provide CSISD with correct staff attendance records in a timely manner as required by the
payroll calendar.
5. Order supplies and materials deemed appropriate to conduct the program.
6. Provide CSISD with an accident report within twenty-four (24) hours for all accidents to staff or
students that require medical assistance to the Superintendent of School or his designee.
7. Produce an annual program evaluation by December 1st for the previous fiscal year. This
evaluation should detail both fiscal and programmatic functions and be submitted to the City
Manager and Superintendent of Schools.
8. Develop a proposed annual budget in collaboration with the CSISD Director of Career and
Technology Education and Community Education. This budget shall be developed no later
than April 1st of each year. Budgets will be based on projected enrollment.
9. Handle all external public relations, including parent handbooks, enrichment flyers, and parent
concerns regarding program operations.
10. Develop appropriate enrichment registration forms and materials for all activities of Kids Klub.
B. Obligations of CSISD.
1. Collect and account for all monies according to the accounting principles set forth in the Texas
Education Agency's Financial Accounting Resource Guide.
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2. Provide the facilities for the program. Fees associated in building use shall be waived. Utility
costs will be paid as set forth in the agreed budget.
3. Pay all bills generated by the activities of the program as verified by both Parties.
4. Pay all salaries of the employees of the program, except for the City Program Director and
other city staff. Timesheets and other documents will be maintained for auditing purposes.
CSISD is to reimburse the City $20,000 toward the cost of the City Kids Klub Program
expenses.
5. Conduct a background check on all potential staff employees.
6. Provide daily snacks for students and staff through the CSISD Food Service Department based
on information received from the City Program Director.
7. Develop a proposed annual budget with the City Program Director. This proposed budget shall
be developed no later than April 1st of each year. Budgets will be based on projected
enrollments. The final approved budget must be reviewed and approved by both the City and
CSISD.
8. Provide to the City monthly financial statements. In addition, an annual financial report shall be
prepared by December 1st of each year.
9. Purchase and administer an accident insurance policy for staff and students in the program.
10. Communicate in a timely manner with the CSISD Food Service Department, all necessary
information concerning the Snack Program.
11. Handle all customer concerns regarding individual financial accounts.
C. General Provisions.
1. The Fiscal Year shall coincide with that of CSISD, which is September 1 - August 31.
2. After all outstanding obligations have been paid in full, a final accounting of all program
expenses and revenues shall be completed. At that time:
a. $10,000.00 shall be allowed to remain as a fund balance, with an additional $10,000.00
being added to the fund balance each year.
b. The fund balance shall be allowed to rise to a target level of $40,000.00. If this target level
is exceeded, two alternatives are available for use of the excess, which are as follows:
i. The excess funds will be distributed equally between CSISD and the City; or
ii. The excess funds will be used to enhance the program, upon the mutual agreement
of both Agencies.
3. No CSISD or other school district funds may be used to cover program deficits beyond the
existing fund balance in the Kids Klub Proprietary Fund. In turn, nothing herein shall obligate
City to incur costs beyond what is expressly budgeted and approved, including no obligation to
incur costs beyond the existing fund balance in the Kids Klub Proprietary Fund.
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4. Should it become necessary on the part of either Agency to withdraw from the cooperative
program or abandon the program altogether, an accounting of the net worth of the program
shall be made. This accounting shall include assets and liabilities, but exclude non-monetary
assets. If only one Party withdraws, non-monetary assets of the program shall become sole
property of the other Agency.
5. If both Agencies withdraw, an equitable (equal) disposition of non-monetary assets will be
proposed which must be acceptable to both Agencies and which must be approved by the
governing body of each Agency.
6. Neither Party may withdraw during a program year unless both Agencies withdraw.
7. Should CSISD withdraw from the program beginning with the first day of the following Fiscal
Year, CSISD reserves the right to totally withdraw all support, including the provision of facilities
or CSISD reserves the right to adjust building use fees.
8. As a part of each annual budget, a figure shall be established by the CSISD Business Office
which shall reflect the annual utility and custodial costs applicable to the program. This cost
shall be paid to CSISD in ten (10) monthly installments. The assessment may be revised
during a fiscal year only if the building usage requirements of the program change. Failure to
properly manage utilities at the campuses may result in the re-negotiating of the utility fee (i.e.
running air conditioners with doors open, leaving lights on, etc.).
9. Upon mutual agreement of the Parties, CSISD can designate a clerk to handle daily operations
of the Financial Director; salary to be paid from the Kids Klub budget.
10. Upon mutual agreement of the Parties, the City can designate a program assistant to handle
daily operations of the Program Director; salary to be paid from the Kids Klub budget.
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EXHIBIT “B”
OPERATION OF THE NATATORIUM FACILITY
AGENCY OBLIGATIONS
The CSISD Superintendent and the City Manager, or their respective designees, shall each appoint a
representative from their Agency to serve as a director of the natatorium. The two directors shall be
empowered to carry on the business of the facility with the approval of their respective supervisors.
Subject to the following specific provisions, the general obligations of the Parties shall be as follows:
Financial administration, participant registration, and provision of Facilities are the responsibility of
CSISD.
Daily operation, staff training, supervision, and curriculum development are the responsibility of the City.
A. Obligations of the City.
1. Interview, hire, train, evaluate and, when needed, dismiss staff.
2. Conduct a background check on all potential staff employees.
3. Plan, carry out, and evaluate the program.
4. Order supplies and materials deemed appropriate to operate the facility.
5. Provide CSISD with an accident report within twenty-four (24) hours for all accidents to staff
or pool users that require medical assistance to the Superintendent of School or his
designee.
6. Produce an annual program evaluation by December 1st for the previous fiscal year. This
evaluation should detail both fiscal and programmatic functions and be submitted to the City
Manager and Superintendent of Schools.
7. Develop a proposed annual budget in collaboration with CSISD and the City Program
Director. This budget shall be developed no later than April 1st of each year. Budgets will be
based on projected participation.
8. Handle all external public relations, including flyers and notices regarding facility operations.
9. Collect and account for all monies in accordance with the City and its Parks and Recreation
Department’s fiscal policies.
B. Obligations of CSISD.
1. Proprietary Fund to be established.
a. A Proprietary Fund (similar to Kids Klub) to be established that would account for all
financial transactions involving the natatorium with all revenues including, but not limited
to:
i. User fees
ii. Facility rentals
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iii. Any other revenues attributable to the operations of the natatorium or use of the
facility
b. All expenses including, but not limited to:
i. Salaries of full-time employees devoted to operations of natatorium
ii. Salaries of part-time employees devoted to operations of natatorium
iii. Pro-rated salaries of any full or part time employees devoted partially to
operations of natatorium
iv. Compensation of City Lifeguards
v. Chemicals
vi. Supplies
vii. Utilities (pro-rated based on square footage of building, or at the option of
CSISD, separate meter(s) for natatorium utility consumption, if feasible)
viii. Maintenance and repairs to include materials and labor
ix. Insurance
x. Any other expense directly attributable or partially allocable to the operations of
the natatorium
c. Sharing of Profit or Loss
i. The net income or loss from the Proprietary Fund to be shared between CSISD
and City based on the ratio of hours used by each respective entity to the total
hours the facility is open. Record of hours used to be maintained by the
manager of the facility. Report of hours used to be provided to CSISD and City
on a monthly basis.
d. Fiscal Year
i. Fiscal year of Proprietary Fund to be from September 1 to August 31.
ii. Annual Settle Up
iii. Settle up to be within 90 days of the end of the fiscal year on an annual basis.
e. Develop a proposed annual budget with the City Program Director and CSISD. This
proposed budget shall be developed no later than April 1st of each year. Budgets will be
based on projected participation.
C. General Provisions.
1. The Fiscal Year shall coincide with that of CSISD, which is September 1 – August 31.
2. The City can designate an “Acting Program Director” to handle the daily operations of the
Facility Director.
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EXHIBIT “C”
OPERATION OF THE XTRA EDUCATION PROGRAM
AGENCY OBLIGATIONS
The CSISD Superintendent and the City Manager, or their respective designees, shall each appoint a
representative from their Agency to serve as a director. The two directors shall be empowered to carry on
the business of the program with the approval of their respective supervisors.
Subject to the specific provisions of the operational guidelines, the following general provisions shall
apply:
The financial administration, curriculum development, instructor recruitment, and daily operation
of the program shall be the responsibility of the City.
CSISD shall be responsible for the use of Facilities and for joint marketing of the program.
A. Obligations of the City.
1. Interview, hire, train, evaluate and, when needed, dismiss staff and instructors.
2. Conduct a background check on all potential staff employees and instructors.
3. Plan, carry out, and evaluate the program.
4. Order supplies and materials deemed appropriate to conduct the program.
5. Provide CSISD with an accident report within twenty-four (24) hours for all accidents to staff,
instructors or participants that require medical assistance to the Superintendent of School or his
designee.
6. Produce an annual program evaluation by December 1st for the previous fiscal year. This
evaluation should detail both fiscal and programmatic functions and be submitted to the City
Manager and Superintendent of Schools.
7. Handle all external public relations, including flyers, brochures, and notices regarding program
operations.
8. Collect and account for all monies in accordance with the City and its Parks and Recreation
Department’s fiscal policies.
B. Obligations of CSISD.
1. Utility and janitorial costs are the responsibility of CSISD.
2. Normal wear and tear repairs to the Facilities are the responsibility of CSISD.
C. General Provisions.
1. The Fiscal Year shall coincide with that of the City, which is October 1 – September 30.
2. The City can designate an “Acting Program Director” to handle the daily operations of
the Facility Director.
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Joint Use of Facilities Programs and Sites
For College Station Independent School District
And City of College Station
College Station Independent School District
Athletics and Programs City Site(s) Used
Baseball Southwood Athletic Complex
Cross Country Veterans Park and Athletic Complex
7 on 7 Football Veterans Park and Athletic Complex
High School Orchestra Wolf Pen Creek Amphitheater
School Field Days Parks and park pavilions
Soccer Veterans Park and Athletic Complex
Softball Stephen C. Beachy Central Park, VPAC
Staff training Conference Center, WPC Green Room
Swimming City Aquatic Facilities
Tennis Southwood Athletic Complex
City of College Station
Recreation Programs CSISD Site(s) Used
Basketball Elementary Schools, Middle Schools
Challenger Sports Middle Schools
Kids Klub Elementary Schools
Lap Swimming Natatorium
Swim Team Natatorium
Water Aerobics Natatorium
Volleyball Middle Schools
XTRA Education Intermediate Schools
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July 9, 2009
Regular Agenda Item No. 6
Consider Ordinance Issuing of Certificates of Obligation
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion to approve an ordinance
by the City Council of the City of College Station, Texas, issuing $31,315,000 City of College
Station Certificates of Obligation, Series 2009.
Recommendation(s): Council move to approve the attached ordinance to issue
certificates of obligation.
Summary: The City Council is authorized to approve the issuance of certificates of
obligation (COs) after approving a resolution directing notice to be published of the intent to
issue the COs. On May 28, 2009, Council approved a resolution directing staff to advertise
the issuance of COs. On June 5th and 12th such notice was published.
The City of College Station typically issues debt to fund various capital projects identified
and approved as a part of the annual budget. The City primarily uses three types of debt
instruments to fulfill those requirements:
1. General Obligation Bonds (GOBs) are based on the full faith and credit of the City
and are paid primarily through the debt service portion of the ad valorem tax
rate. GOBs are authorized by the voters and therefore the notice is provided in
the election process.
2. Utility Revenue Bonds (URBs) are backed by the revenues of the City's various
utilities and are issued as a business activity. These are typically only issued for
utility capital projects.
3. Certificates of Obligation (COs) normally include at least one additional revenue
stream such as utility revenues, but are considered to be much like GOBs and
therefore normally receive a rating similar to GOBs. Our policy for issuing CO's
allows more flexibility in their issue than GOBs, particularly when other revenues
are anticipated to assist in debt service.
It is at the recommendation of the City’s Financial Advisor, Mr. Drew Masterson, that the
City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds.
This particular issue will provide resources for technology projects, the cemetery
development project, master planning and design of the convention center and a portion of
the land acquisition, Twin Oaks landfill project, electric and water improvements, and debt
issuance costs totaling $31,315,000.
Budget & Financial Summary: Staff reviewed the impact of the Certificates on the City's
ability to meet debt service requirements and the effect they may have on the ad valorem
tax rate and utility rates. The recommendation to move forward with this issue will not
affect the ad valorem tax rate or the utility rates.
Attachments:
1. Debt Issuance 2009
2. Ordinance available in City Secretary's Office
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1
ORDINANCE NO. ____
PROVIDING FOR THE ISSUANCE OF $31,315,000 CITY OF COLLEGE
STATION, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2009 AND
ORDAINING OTHER MATTERS RELATING TO THE SUBJECT, INCLUDING
IMMEDIATE EFFECTIVENESS
WHEREAS, on May 28, 2009, the City Council of the City of College Station (the "City" or
t he "Issuer ") passed a reso lut io n aut ho rizing and direct ing no t ice o f it s int ent io n t o issue t he
Cert ificat es o f Obligat io n herein aut ho rized t o be issued o n July 9, 2009, t o be p u blished in a
newspaper as required by Sect io n 271.049 o f t he Texas Lo cal Go vernment Co de; and
WHEREAS, said notice was published in the Bryan-College Station Eagle, a "newspaper"
of the type described in Section 2051.044, Texas Government Code, as required by said Section
271.049 o f t he Texas Lo cal Go vernment Co de, o n June 5, 2009 and June 12, 2009; and
WHEREAS, no petition, signed by at least 5% of the qualified electors of said City as
permitted by said Section 271.049 of the Texas Local Government Code protesting the issuance of
such Cert ificat es o f Obligat io n, has been filed; and
WHEREAS, t he Cert ificat es o f Obligat io n hereinaft er aut ho rized are t o be issued and
delivered pursuant to Subchapter C o f Chapter 271 of the Texas Local Government Co de;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
Sect io n 1. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That said Cit y's
Certificates of Obligation, to be designated the "City of College Station, Texas Certificates of
Obligation, Series 2009", are hereby authorized to be issued and delivered in the principal amount of
$31,315,000 for the purpose of paying contractual obligations to be incurred by the City, to-wit,
(1)t he co nst ruct io n o f impro vement s t o a cit y-o wned cemet ery lo cat ed at 3800 Raymo nd
Stotzer Parkway;
(2) t he acquisit io n o f appro ximat ely 7.1469 acres o f land lo cat ed at 701 Universit y Drive
East to be used for municipal purposes, including but not limited to, a site for a
convention center;
(3)master planning and preliminary design costs for the construction of a convention
center;
(4)constructio n of impro vements t o t he new Twin Oaks Landfill;
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(5)the acquisition of an electronic scheduling system for use by the City Police
Department;
(6)t he acquisit io n and inst allat io n o f t echno lo gy impr o vement s including a r adio
communication syst em and fiber optic infrast ructure for use by the City;
(7)the construction of improvements and extensions to the City's combined electric,
wat erwo rks and sewer syst ems; and
(8)t he payment o f fiscal, engineering and legal fees incurred in co nnect io n t herewit h.
Section 2. PREAMBLE. That the preamble to this Ordinance is incorporated by reference
and made a part hereof for all purposes.
Section 3. DATE, DENOMINATIONS, NUMBERS, MATURITIES AND INTEREST
RAT E S. T hat said Cer t ificat es shall init ially be issued, so ld and deliver ed her eunder as fully
regist ered cert ificat es, wit ho ut int erest co upo ns, dat ed July 15, 2009, in t he respect ive deno minat io ns
and principal amo unt s hereinaft er st at ed, numbered co nsecut ively fro m R-1 upward, payable t o t he
r es p e c t iv e init ial r e g ist e r e d o w ne r s t he r e o f, o r t o t he r e g ist e r e d a ssig ne e o r a ssig ne e s o f sa id
Cer t ificat es o r any po r t io n o r po r t io ns t her eo f (in each case, t he "R e g is t er ed Owner "), and said
Certificat es shall mature and be payable on February 15 in each of the years and in the principal
amounts, and shall bear interest at the rates per annum, as follows:
Year
Principal
Amount ($)
Interest
Rate (%)Year
Principal
Amount ($)
Interest
Rate (%)
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
2015 2025
2016 2026
2017 2027
2018 2028
2019 2029
The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates
initially issued and delivered pursuant t o this Ordinance and all substitute Certificates exchanged
t herefo r, as well as all o t her subst it ut e Cert ificat es and replacement Cert ificat es issued pu rsuant
her et o , and t he t er m "Cer t ificat e" shall mean any o f t he Ce r t ifica t e s. I nt e r e st o n t he Ce r t ifica t e s sha ll
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be calculat ed o n t he basis o f a 360-day year co nsist ing o f t welve 30-day mo nt hs. Int er est shall be
payable to the registered owner of any such Certificates in the same manner provided and on the dates
stated in the FORM OF CERTIFICATE.
Section 4. REDEMPTION. (a) That the City reserves the right to redeem the Certificates
mat uring o n o r aft er February 15, 2020, in who le o r in part in principal amo unt s o f $5,000 o r any
integral multiple thereof, on February 15, 2019, or on any date thereafter, at the redemption price of
par plus accrued interest to the date fixed for redemption. If less than all of the Certificates are to
be redeemed by the City, the City shall determine the maturity or maturities and the amounts thereof
t o be redeemed and shall direct t he Paying Agent /Regist rar t o call by lo t Cert ificat es, o r po rt io ns
thereof, within such maturity or mat urit ies and in such principal amo unts, fo r redempt io n; provided,
that during any period in which ownership of the Certificates is determined only by a book entry at
a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity
and bearing t he same int erest rat e are t o be redeemed, t he part icular Cert ificat es o f such mat urit y and
bearing such int erest rat e shall be select ed in acco rdance wit h t he arrangement s bet ween t he Cit y and
t he secu r it ies d ep o sit o r y. T he Cit y shall no t ify t he P aying Ag e nt /Re g ist r a r a t le a st fo r t y-five (4 5 ) d a ys
prior to the scheduled redemption date that a redemption of the Certificates is to be effected.
(b) T he Cer t ificat es ar e no t su bject t o mand at o r y sink ing fu nd r ed emp t io n p r io r t o mat u r it y.
(c) At least thirty (30) days prior to the date any such Certificates are to be redeemed, a
written notice of redemption shall be given by the Paying Agent/Registrar to the registered owner of
each Cert ific a t e o r a po rt io n t hereo f being called fo r r edempt io n by depo sit ing such no t ice in t he
United States mail, first-class, postage prepaid, addressed to each such registered owner at the ad-
dress thereof as shown on the registration books of the Paying Agent/Registrar. By the date fixed
for any such redemption due provision shall be made by the City with the Paying Agent/Registrar for
the payment of the required redemption price for the Certificates or the portions thereof which are
to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of
redempt io n is given, and if due pro visio n fo r such payment is ma d e , a ll as pro vided abo ve, t he
Cert ificat es, o r t he po rt io ns t hereo f which are t o be so redeemed, t hereby aut o mat ically shall be
r edeemed pr io r t o t heir scheduled mat ur it ies, and shall no t bear int er est aft er t he d at e fixed fo r t heir
redemption, and shall not be regarded as being outstanding except for the right of the registered
o wner t o receive t he redempt io n price plus accrued int erest t o t he dat e fixed fo r redempt io n fro m t he
Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar
shall r eco r d in t he Regist rat io n Bo o ks all such redempt io ns o f principal o f t he Cert ificat es o r any
portion thereof. If a portion of any Certificate shall be redeemed, a substitute Certificate or
Certificates having the same maturity date, bearing interest at the same rate, in any denomination or
deno minat io ns in any int egral mult iple o f $5,000 o f principal amo unt , at t he writ t en request o f t he
r egist er ed o wner , and in an aggr egat e pr incipal amo unt equal t o t he unr edeemed po r t io n t her eo f, will
be issued t o t he regist ered o wner upo n t he surrender t hereo f fo r cancellat io n, at t he expense o f t he
City, all as provided in this Ordinance.
(d)In addition to the foregoing, the Paying Agent/Registrar shall give notice of
redemption of Certificates by United States mail, first-class postage prepaid, at least 30 days prior
to a redemption date to the MSRB (as defined in Section 18 hereof). The failure to cause such notice
to be given, however, or any defect therein, shall not affect t he validity or effectiveness of such
redemption.
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(e)In addition, in the event of a redemption caused by an advance refunding of t he
Cert ificates, the Paying Agent/Registrar shall send a second notice of redemption to the perso ns
specified abo ve at least 30 days but no t mo re t han 90 days prio r t o t he act ual redempt io n dat e. The
Paying Agent /Regist rar shall a lso se nd a no t ice o f prepayment o r redempt io n t o t he o wner o f any
Certificate who has not sent the Certificates in for redemption 60 days after the redemption date.
(f)Each redemption notice, whether required in the FORM OF CERTIFICATE or
o t herwise by t his Ordinance, shall co nt ain a descript io n o f t he Cert ificat es t o be redeemed, including
the complete name of the Certificates, the series, the date of issue, the interest rate, the maturity date,
t he CUSIP number, if any, t he amo unt s called o f each Cert ificat e, t he mailing dat e fo r t he no t ice, t he
date of redemption, the redemption price, the name of the Paying Agent/Registrar and the address
at which the Certificate may be redeemed, including a contact person and telephone number.
(g) All redempt io n payments made by the Paying Agent/Registrar to the registered
owners of the Certificates shall include CUSIP numbers relating to each amount paid t o such
registered owner.
Section 5. CHARACTERISTICS OF THE CERTIFICATES. (a) The Issuer shall keep or
cause t o be kept at t he co rpo rat e t rust o ffice in Dallas, Texas (t he "Designat ed Trust Office") o f The
Bank of New York Mellon Trust Company, N.A., or such other bank, trust company, financial
inst it u t io n, o r o t her agency named in acco rdance wit h t he pro visio ns o f (g) belo w (t he "Paying
Agent/Registrar"), books or records for the registration and transfer of the Certificates (the "Regis-
t rat io n Bo o k s"), and t he Issuer hereby appo int s t he Paying Agent /Regist r ar as it s r egist r ar and
transfer agent to keep such books or records and make such transfers and registrations under such
reaso nable regulat io ns as t he Issuer and Paying Agent /Regist rar may prescribe; and t he Paying
Agent/Registrar shall make such transfers and registrations as herein provided. It shall be the duty
of the Paying Agent/Registrar to obtain from the registered owner and record in the Registration
Bo o ks t he address o f t he regist ered o wner o f each Cert ificat e t o which payment s wit h respect t o t he
Certificates shall be mailed, as herein provided. The Issuer or its designee shall have the right to
inspect the Registration Books during regular business hours of the Paying Agent/Registrar at its
Designated Trust Office, but otherwise the Paying Agent/Registrar shall keep the Registration Books
confidential and, unless otherwise required by law, shall not permit their inspection by any o ther
entity. Registration of each Certificate may be transferred in the Registration Books only upon
presentation and surrender thereof to the Paying Agent/Registrar at its Designated Trust Office for
t r ansfer o f r egist r at io n and cancellat io n, t o g et her wit h p r o p er wr it t en inst r u ment s o f assignment , in
fo rm and wit h guarant ee o f signat ures sat isfact o ry t o t he Paying Agent /Regist rar, evid e ncing t he
assignment o f such Cert ificat e, o r any po rt io n t hereo f in any int egral mult iple o f $5,000, t o t he
assignee or assignees thereof, and the right of such assignee or assignees to have such Certificate or
any such po rt io n t hereo f regist ered in t he name o f such assignee o r assignees. Upo n t he assignment
and t r ansfer o f any Cer t ificat e o r a ny p o r t io n t he r e o f, a ne w su bst it u t e c e r t ific a t e o r c e r t ific a t e s s ha ll
be issued in exchange therefor in the manner herein provided.
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(b) The entity in whose name any Certificate shall be registered in the Registration Books at
any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether
o r no t such cert ificat e shall be o verdue, and t he Cit y and t he Paying Agent /Regis t r a r s hall no t be
affect ed by any no t ice t o t he co nt r ar y; and payment o f, o r o n acco unt o f, t he pr incipal o f, pr emium,
if any, and interest on any such certificate shall be made only to such registered owner. All such
payment s shall be valid and effect ual t o sat isfy and discharge t he liabilit y upo n such cert ificat e t o t he
extent of the sum or sums so paid.
(c) The Cit y hereby furt her appo int s t he Paying Agent /Regist rar t o act as t he paying agent
for paying the principal of and interest on the Certificates, and to act as its agent to exchange or
replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper
reco rds o f all payment s made by t he Cit y and t he Paying Agent /Regist rar wit h respect t o t he
Certificates, and of all exchanges thereof, and all replacements thereof, as provided in this Ordinance.
(d) Each Certificate may be exchanged for fully registered certificates in the manner set forth
herein. Each Certificate issued and delivered pursuant to this Ordinance may, upon surrender thereof
at the Designated Trust Office of the Paying Agent/Registrar, together with a written request therefor
duly execut ed by t he r e g is t e r e d o wner o r t he assignee o r assignees t her eo f, o r it s o r t heir d u ly
aut ho rized at t o rneys o r represent at ives, wit h guarant ee o f signat ures sat isfact o r y t o t he Paying
Agent/Registrar, at the option of the registered owner or such assignee or assignees, as appropriate,
be exchanged fo r fully regist ered Cert ificat es, wit ho ut int erest co upo ns, in t he fo rm prescribed in t he
FORM OF CERTIFICATE, in the denomination of $5,000, or any integral multiple thereof (subject
to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity
date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate
principal amo unt equal t o t he principal amo unt o f any Cert ificat e o r Cert ificat es so surrendered, and
payable t o t he appro priat e regist ered o wner, assignee, o r assignees, as t he case may be. If any
Certificate or portion thereof is assigned and transferred, each Certificate issued in exchange therefor
shall have the same principal maturity date and bear interest at the same rate as the Certificate for
which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to
distinguish it from each other Cert ificate. The Paying Agent/Registrar shall exchange or replace
Cer t ificat es as pr o vided her ein, and each fu lly r egist er ed Cer t ificat e o r Cer t ificat es deliver ed in
exchange fo r o r replacement o f any Cert ificat e o r po r t io n t he r e o f as permit t ed o r required by any
provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance,
and may ag ain be exch ang ed o r r ep laced . I t is sp ecifically provided, however, that any Certificate
delivered in exchange for or replacement of another Certificate prior to the first scheduled interest
payment date on the Certificates (as stated on the face thereof) shall be dated the same date as such
Cert ificat e, but each substitute Certificate so delivered on or after such first scheduled interest
payment date shall be dated as of the interest payment date preceding t he dat e o n which such
subst it ut e Cert ificat e is delivered, unless such subst it ut e Cert ificat e is delivered o n an int erest payment
dat e, in which case it shall be dat ed as o f such dat e o f d elive r y; p r o vid e d , ho w e ve r , t ha t if a t t he t ime
of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged
has not been paid, then such substitute Certificate shall be dated as of the date to which such interest
has been paid in full. On each subst it ut e Cert ificat e issu ed in exchang e fo r o r replacement o f any
Cert ificat e o r Cert ificat es issued under t his Ordinance t her e shall be print ed t hereo n a Paying
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Agent/Registrar's Authentication Certificate, in the form hereinafter set forth in t he FORM OF
CERTIFICATE (t he “Aut hent icat io n Cert ificat e”). An aut ho rized repr e s e nt a t ive o f t he Paying
Agent/Registrar shall, before the delivery of any such substitute Certificate, date such substitute
Certificate in the manner set forth above, and manually sign and date the Authentication Certificate,
and no such subst it ut e Cert ificat e shall be deemed t o be issued o r o ut st anding u nless t he
Aut hent icat io n Cer t ificat e is so execu t ed . T he P aying Ag ent /Reg ist r ar p r o mpt ly s hall cancel all
Certificates 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
acco mplish t he fo rego ing exchange o r replacement o f any Cert ificat es o r po rt io n t hereo f, and t he
Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
Certificates in the manner prescribed herein. Pursuant to Chapter 1206, Texas Government Code,
t he dut y o f exchange o r replacement o f any Cert ificat es as afo r esaid is hereby impo sed upo n t he
Paying Agent/Registrar, and, upon the execution of Authentication Certificate, the exchanged or
replaced Cert ificat e shall be valid , inco nt est able, and enfo rceable in t he same manner and wit h t he
same effect as the Certificates which originally were delivered pursuant to this Ordinance, approved
by the Attorney General, and registered by the Comptroller of Public Accounts. Neither the City nor
the Paying Agent/Registrar shall be required to transfer or exchange any Certificate so selected for
redemption, in whole or in part, within 45 calendar days o f the date fixed for redemption; provided,
however, such limitation of transfer shall not be applicable to an exchange by the registered owner
of the uncalled principal of a Certificate.
(e) All Certificates issued in exchange or replacement of any other Certificate or portion
t hereo f, (i) shall be issued in fully regist ered fo rm, wit ho ut int erest co upo ns, wit h t he principal o f and
interest on such Certificates 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
o t her Cert ificat es, (v) shall have t he charact erist ics, (vi) shall be signed and sealed, and (vii) t he
principal of and interest on the Certificates shall be payable, all as provided, and in the manner re-
quired or indicated, in the FORM OF CERTIFICATE.
(f) The City shall pay the Paying Agent/Registrar's reasonable and customary fees and charges
for making transfers of Certificates, but the registered owner of any Cert ificat es requesting such
transfer shall pay any taxes or other governmental charges required to be paid with respect thereto.
The registered owner of any Certificates requesting any exchange shall pay the Paying Agent/Regis-
trar's reasonable and standard or customary fees and charges for exchanging any such certificate or
portion thereof, together with any taxes or governmental charges required to be paid with respect
thereto, all as a condition precedent to the exercise of such privilege of exchange, except, however,
t hat in t he case o f t he exchange o f an assigned and t ransferred Cert ificat e o r Cert ificat es o r any
portion or portions thereof in any integral multiple of $5,000, as provided in this Ordinance, such fees
and charges will be paid by the City. In addition, the City hereby covenants with the registered
o wners o f t he Cert ificat es t hat it will (i) p ay t he reaso nable and st andard o r cust o mary fees and
charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of
and interest on Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar
fo r services wit h respect t o t he t r ansfer o r regist rat io n o f Cert ificat es so lely t o t he ext ent abo ve
provided, and with respect to the exchange of Certificates solely to the extent above provided.
(g) T he Cit y co venant s wit h t he r egist er ed o wner s o f t he Cer t ificat es t hat at all t imes while
the Certificates are outstanding the City will provide a competent and legally qualified bank, trust
co mpany, financ ia l inst it ut io n, o r o t her agency t o act as and perfo rm t he services o f Paying
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Agent /Regist r ar fo r t he Cer t ificat es under t his Or d inance, and t hat t he P aying Ag ent /Reg ist r ar will
be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Regis-
t rar upo n no t less t han 60 days writ t en no t ice t o t he Paying Agent /Regist rar. In t he event t hat t he
entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other
met ho d) sho u ld r e s ig n o r o t her wise cease t o act as su ch, t he Cit y co venant s t hat it will p r o mpt ly
appoint a competent and legally qualified national or state banking institution which shall be a
co rpo rat io n o rganized and do ing business under t he laws o f t he Unit ed St at es o f America o r o f any
st at e, aut ho rized under such laws t o exercise t rust po wers, subject t o supervisio n o r examinat io n by
federal o r st at e aut ho rit y, and who se qualificat io ns subst ant ially are similar t o t he previo us Paying
Agent /Regist rar t o act as Paying Agent /Regist rar under t his Ordinance. Upo n any change in t he
Paying Agent /Regist rar, t he previo us Paying Agent /Regist rar pro mpt ly shall t ransfer and deliver t he
Registration Books (or a copy thereof), along with all other pertinent books and records relating to
t he Cert ificat es, t o t he new Paying Agent /Regist rar designat ed and appo int ed by t he Cit y. Upo n any
change in t he Paying Agent /Regist rar, t he Cit y pro mpt ly will cause a writ t en no t ice t hereo f t o be sent
by the new Paying Agent/Registrar t o each registered owner of the Certificates, by United States
mail, first -class po st age prepaid, which no t ice also shall give t he address o f t he new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
shall be deemed t o ha ve a g r e e d t o t he pr o visio ns o f t his Or dinance, and a cer t ified co py o f t his
Ordinance shall be delivered to each Paying Agent/Registrar.
Section 6. FORM OF CERTIFICATES. The form of the Certificates, including the form of
t he Aut hent icat io n Cert ificat e, t he fo rm o f Assignment and t he fo rm o f Regist rat io n Cert ificat e o f t he
Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued
and delivered pursuant to this Ordinance, shall be in substantially the form as set forth in Exhibit A
to this Ordinance, with such appropriate variations, omissions, or insertions as are permitted or
required by t his Ordinance. The print er o f t he Cert ificat es is hereby aut ho rized t o p r int o n t he
Certificates (i) the form of bond counsel's opinion relating to the Certificates, and (ii) an appropriate
st at ement o f insurance furnished by a municipal bo nd insurance co mpany pro viding municipal bo nd
insurance, if any, covering all or any part of the Certificates.
Sect io n 7. DEFINITIONS. That t he t erms "Cer t ificat es" and "Cert ificat es o f Obligat io n"
shall mean the City of College Station, Texas Certificates of Obligation, Series 2009, authorized to
be issued and delivered by this Ordinance; and the term "Surplus Revenues" shall mean t ho se
revenues from the operation of the City's combined municipal electric light and power, waterworks
and sewer syst em remaining aft er payment o f all o perat io n and maint enance expenses t hereo f and
o t her o bligat io ns heret o fo re o r hereaft er incurred t o which such revenues have been o r shall be
encumbered by a lien on and pledge of such revenues superior to the lien on and pledge of such
revenues to the Certificates.
Section 8. LEVY OF TAX; INTEREST AND SINKING FUND. That a special fund or
account, to be designated the "City of College Station, Texas Series 2009 Certificate of Obligation
Interest and Sinking Fund" (the "Interest and Sinking Fund") is hereby created and shall be established
and maint ained by t he Cit y. T he I nt er est and Sinking Fund shall be kept separ at e and apar t fr o m all
other funds and accounts of the City, and shall be used only for paying the interest on and principal
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of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates
shall be deposited, as collected, to t he credit of the Interest and Sinking Fund. During each year
while any of the Certificates are outstanding and unpaid, the governing body of the City shall compute
and ascert ain t he rat e and amo unt o f ad valo rem t ax, based o n t he lat est appro ved t ax ro lls o f t he
Cit y, wit h full allo wances being made fo r t ax delinquencies and t he co st o f t ax co llect io ns, which will
be sufficient to raise and produce the money required to pay the interest on the Certificates as such
int erest co mes due, and t o pro vide a sinking fund t o pay t he principal (including mandat o ry sinking
fund redemption payments, if any) of the Certificates as such principal matures or comes due through
operation of the mandatory sinking fund redemption, if any, but never less than 2% of the original
amo unt o f t he Cer t ifica t e s a s a sink in g fu n d e a c h yea r . T he r a t e a nd a mo u nt o f a d va lo r e m t a x is
hereby o rdered t o be levied against all t axable pro pert y in t he Cit y fo r e a c h year while any o f t he
Certificates is 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 necessary
to pay the interest on and principal of the Certificates, as such interest comes due and such principal
mat ures, are hereby pledged fo r such payme nt , wit hin t he limit prescribed by law. There shall be
ap p r o p r iat ed fr o m t he G e ne r a l Fu nd o f t he C it y fo r d e p o s it int o t he I nt e r e s t a nd S ink ing Fu nd mo ne ys
as may be necessary to pay the principal and interest payments on the Certificates scheduled to occur
on or before February 15, 2010.
Sect ion 9. REVENUES. That the Certificates are additionally secured by and shall be
payable from the Surplus Revenues. The Surplus Revenues are pledged by the City pursuant to
authority of Chapter 1502, Texas Government Code, specifically Section 1502.058 thereof. The City
shall pro mpt ly depo sit t he Surplus Revenues upo n t heir receipt t o t he credit o f t he Int erest and
Sinking Fund creat ed pursuant t o Sect io n 8, t o pay t he principal and int erest o n t he Cert ificat es. The
amount of Surplus Revenues pledged to the payment of the Certificates shall not exceed $1,000. If
Surplus Revenues or any other lawfully available revenues, income or resources of the City are
deposited or budgeted to be deposited in the Interest and Sinking Fund in advance of the time when
ad valorem taxes are scheduled t o be levied for any year, then the amount of taxes that otherwise
wo uld have been required t o be levied pursuant t o Sect io n 8 may be reduced t o t he ext ent and by t he
amount of the Surplus Revenues or other lawfully available revenues, income or resources then on
deposit or budgeted to be deposited to the credit of the Interest and Sinking Fund.
Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish
t he t r ansfer o f mo nies t o t he I nt er est and Sinking Fund o f t his issu e in ample t ime t o p ay su ch it ems
of principal and interest due on the Certificates.
Sect io n 11. SE CURI T Y FOR FUNDS. T hat t he I nt er est and Sinking Fund cr eat ed by t his
Ordinance shall be secured in the manner and to the fullest extent permitted or required by law for
the security of public funds, and such Interest and Sinking Fund shall be used only for the purposes
and in the manner permitted or required by this Ordinance.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) Replacement Certificates. T hat in t he event any o ut st anding Cer t ificat e is
damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed,
executed, and delivered, a new Certificate of the same principal amount, maturity, and interest rate,
as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate
in the manner hereinafter provided.
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(b) Application for Replacement Certificates. That application for replacement of damaged,
mut ilat ed, lo st , st o len, o r dest ro yed Cert ificat es shall be made by t he regist ered o wner t hereo f t o t he
Paying Agent/Registrar. In every case of loss, theft, or destruction of a Cert ificate, the registered
o wner applying fo r a replacement Cert ificat e shall furnish t o t he Cit y and t o t he Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them harmless
fro m any lo ss o r damage wit h respect t heret o . Also , in every case o f lo ss, t heft , o r dest ruct io n o f a
Certificate, the registered owner shall furnish to the City and to the Paying Agent/Registrar evidence
to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every
case o f damage o r mut ilat io n o f a Cert ificat e, t he regist ered o wner shall s u r r e nd e r t o t he Paying
Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. T hat no t wit hst anding t he fo r ego ing pr o visio ns o f t his Sect io n, in
the event any such Certificate shall have matured, and no default has occurred which is then
co nt inuing in t he payment o f t he princ ip a l o f, r e dempt io n premium, if any, o r int erest o n t he
Cert ificat e, t he Cit y may aut ho rize t he payment o f t he same (wit ho ut surrender t hereo f except in t he
case of a damaged or mutilated Certificate) instead of issuing a replacement certificate, provided
security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. That prio r t o t he issuance o f any
replacement Certificate, the Paying Agent/Registrar shall charge the registered owner of such
Cert ificat e wit h all legal, print ing, and o t her expenses in co nnect io n t herewit h. Every replacement
Certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lo st , st o len, o r dest ro yed shall co nst it ut e a co nt ract ual o bligat io n o f t he Cit y whet her o r no t t he
lo st , st o len, o r d est r o yed Cer t ificat e shall be fo u nd at any t ime, o r be enfo r ceable by anyo ne, and shall
be entitled to all the benefits of this Ordinance equally and proportionately with any and all other
Certificates duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certif icates. That in accordance with Section
1201.067, Texas Go vernment Co de, t his Sect io n o f t his Ordinance shall co nst it ut e aut ho rit y fo r t he
issuance o f any such replacement Cert ificat e wit ho ut necessit y o f furt her act io n by t he Cit y o r any
o t her bo dy o r perso n, and t he dut y o f t he replacement o f such Cert ificat es is hereby aut ho rized and
impo sed upo n t he Paying Agent /Regist rar, and t he Paying Agent /Regist rar shall aut hent icat e and
deliver such Certificates in the form and manner and with the effect, as provided in Section 5(d) of
this Ordinance for Certificates issued in conversion and exchange of other Certificates.
Sect io n 13.FE DE RAL I NCOME T AX MAT T E RS . T ha t t he Cit y c o ve na nt s t o r e fr a in
from any action which would adversely affect, or to take such action as to ensure, the treatment of
the Certificates as obligations described in Section 103 of 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 City covenants as follows:
(a)to take any action to assure that no more than 10 percent of the proceeds of
the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in sect io n 141(b)(6) o f t he Co de o r, if mo re t han 10 percent o f t he
proceeds are so used, that amounts, whether or not received by the City, with respect to such
privat e business use, do no t , under t he t erms o f t his Ord ina nc e o r any underlying
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arrangement , direct ly o r indirect ly, secure o r pro vide fo r t he payment o f mo re t han 10 percent
of the debt service on the Certificates, in contravention of Section 141(b)(2) of the Code;
(b)to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds five percent of the proceeds of the Certificates (less
a mo u nt s d epo sit ed int o a r eser ve fund, if any) t hen t he amo unt in excess o f five per cent is
used fo r a "privat e business use" which is "relat ed" and no t "dispro po rt io nat e", wit hin t he
meaning of Section 141(b)(3) of the Code, to the governmental use;
(c)to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or five percent of the proceeds of the Certificates (less amounts deposited into
a reserve fund, if any) is directly o r indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of Section 141(c) of the Code;
(d)t o refrain fro m t aking any act io n which wo uld o t herwise result in t he
Certificates being treated as "private activity bonds" within the meaning of Section 141(b) of
the Code;
(e)t o refrain fr o m t aking any act io n t hat wo uld result in t he Cert ificat es being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f)t o r efr ain fr o m using any po r t io n o f t he pr o ceeds o f t he Cer t ificat es, direct ly
or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in Section 148(b)(2) of the Code) which produces a
materially higher yield over the term of the Certificates, other than investment property
acquired wit h –
(1)proceeds of the Certificates invested for a reasonable temporary period
o f t hree years o r less unt il su c h p ro ceeds are needed fo r t he purpo se fo r which t he
Certificates are issued,
(2)amo unt s invest ed in a bo na fide debt service fund, wit hin t he meaning
o f Sect io n 1.148-1(b) o f t he Treasury Regulat io ns, and
(3)amo unt s depo sit ed in any reaso nably required reserve o r replacement
fund t o t he ext ent such amo unt s do no t exceed 10 percent o f t he pro ceeds o f t he
Certificates;
(g)to otherwise restrict the use of the proceeds of the Certificates or amounts
treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not
otherwise contravene the requirements of Section 148 of the Code (relating to arbitrage) and,
t o t he ext ent applicable, Sect io n 149(d) o f t he Co de (relat ing t o advance refundings); and
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(h)to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Certificates) an amount that is at least equal
t o 90 percent o f t he "Excess Earnings," wit hin t he meaning o f Sect io n 148(f) o f t he Co de and
to pay to the United States of America, not later than 60 days after the Certificates have been
paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under Section 148(f) of the Code.
For purposes of the foregoing (a) and (b), the City understands that the term "proceeds" includes
"disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds,
transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of
issuance o f t he Cer t ificat es. I t is t he u nd er st and ing o f t he Cit y t ha t t he c o ve na nt s c o nt a ine d he r e in
are int ended t o assure co mpliance wit h t he Co de and any regulat io ns o r rulings pro mulgat ed by t he
U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are
hereaft er pro mulgat ed which mo dify o r expand pro visio ns o f t he Co de, as applicable t o t he
Cert ificat es, t he Cit y will no t be required t o co mply wit h any co venant co nt ained herein t o t he ext ent
t hat such failur e t o co mply, in t he o pinio n o f nat io nally-r eco g nized bo nd co u nsel, will no t ad ver sely
affect the exemption from federal income taxation of interest on the Certificates under Section 103
of the Code. In the event that regulations or rulings are hereafter promulgated which impose
addit io nal requirement s which are applicable t o t he Cert ificat es, t he Cit y agrees t o co mply wit h t he
addit io nal requirement s t o t he ext ent necessar y, in t he o pinio n o f nat io nally-r eco g nized bo nd co u nsel,
to preserve the exemption from federal income taxation of interest on the Certificates under Section
103 of the Code. In furtherance of such intention, the City hereby authorizes and directs the Mayor,
t he Cit y Manager, any Assist ant Cit y Manag er and t he Chief Financial Officer t o execut e any
do cument s, cert ificat es o r repo rt s required by t he Co de, and t o make such elect io ns o n behalf o f t he
Cit y which may be permit t ed by t he Co de as are co nsist ent wit h t he purpo se fo r t he issuance o f t he
Certificates.
In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established
by the City for the sole benefit of the United States of America, and such Fund shall not be subject
t o t he claim o f any o t her per so n, includ ing wit ho u t limit at io n t he bo nd ho lder s. T he Rebat e Fu nd is
established for the additional purpose of compliance with Section 148 of the Code.
Section 14. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. That t he Cit y co venant s t o acco unt fo r t he expendit ure o f pro ceeds fro m t he sale o f t he
Cert ificat es and any invest ment earnings t hereo n t o be used fo r t he purpo ses described in Sect io n 1
of this Ordinance (such purpose referred to herein and Section 15 hereof as a "Project") on its books
and records by allocating proceeds to expenditures within 18 months of the later of the date that (a)
t he expendit ure o n a Pro ject is made o r (b) such Pro ject is co mplet ed. The fo rego ing
no t wit hst and ing , t he Cit y shall no t exp end su ch p r o ceed s o r invest ment ear ning s mo r e t han 6 0 d ays
after the earlier of (a) the fifth anniversary of the date of delivery of the Certificates or (b) the date
the Certificates are retired, unless the City obtains an opinion of nationally-recognized bond counsel
subst ant ially t o t he effect t hat such expendit ure will no t adversely affect t he t ax-exempt st at us o f t he
Cer t ificat es. Fo r pur po ses her eo f, t he Cit y shall no t be o bligat ed t o co mply wit h t his co venant if it
obtains an opinion that such failure to comply will not adversely affect the excludability for federal
income tax purposes from gross income of the interest.
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Section 15. DISPOSITION OF PROJECT. That the City covenants that the property
constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt
by the City of cash or other compensation, unless the City obtains an opinion of nationally-recognized
bond counsel substantially to the effect that such sale or other disposition will not adversely affect
the tax-exempt status of the Certificates. For purposes of the foregoing, the portion of the property
comprising personal property and disposed in the ordinary course shall not be treated as a transaction
result ing in t he receipt o f cash o r o t her co mpensat io n. Fo r purpo ses her eo f, t he Cit y shall no t be
obligated to comply with this covenant if it obtains an opinion that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest.
Section 16. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That
t he Chief Financial Officer o f t he Cit y is her eby aut ho r ized t o have co nt r o l o f t he Cer t ificat es init ially
issued and delivered hereunder and all necessary reco rds and pro c eedings pert aining t o t he
Certificates pending their delivery and their investigation, examination, and approval by the Attorney
General o f t he St at e o f Texas, and t heir regist rat io n by t he Co mp t ro ller o f Public Acco unt s o f t he
State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a
deput y designat ed in writ ing t o act fo r said Co mpt ro ller) shall manually sign t he Co mpt ro ller's
Regist rat io n Cert ificat e at t ached t o such Cert ificat es, and t he seal o f said Co mpt ro ller shall be
impr essed, o r placed in facsimile, o n such cer t ificat e. T he Cer t ificat es t hus r egist er ed shall remain in
the custody of the Chief Financial Officer (or the designee thereof) until delivered to the Purchasers.
Sect io n 17. DTC REGISTRATION. That t he Cert ificat es init ially shall be issued and
delivered in such manner that no physical distribution of the Certificates will be made to the public,
and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository
for the Certificates. DTC has represented that it is a limited purpo se t rust company incorporated
under t he laws o f t he St at e o f New Yo rk, a member o f t he Federal Reser ve S yst em, a "clearing
co rpo rat io n" wit hin t he meaning o f t he New Yo r k Unifo rm Co mmercial Co de, and a "clearing
agency" regist ered under Sect io n 17A o f t he Securit ies Exchange Act o f 1934, as amended, and t he
Cit y accept s, but in no way ver ifies, such r epr esent at io ns. T he Cer t ificat es init ially au t ho r ized by t his
Ordinance shall be delivered to and registered in the name of CEDE & CO., the nominee of DTC.
It is expected that DTC will hold the Certificates on behalf of the Purchasers (as defined in Section
20 of this Ordinance) and its participants. So long as each Certificate is registered in the name of
CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC the same in all respects as
if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book-entry
system which will identify ownership of the Certificates in integral amounts of $5,000, with transfers
o f o wnership being effect ed o n t he reco rds o f DTC and it s part icipant s pursuant t o rules and
regulat io ns est ablished by t hem, and t hat t he Cer t ificat es init ially depo sit ed wit h DTC shall be
immobilized and not be further exchanged for substitute Certificates except as hereinafter provided.
The Cit y is no t respo nsible o r liable fo r any funct io ns o f DTC, will no t be respo nsible fo r paying any
fees or charges with respect to it s services, will not be responsible or liable for maintaining,
supervising, or reviewing the records of DTC or its participants, or protecting any interests or rights
of the beneficial owners of the Certificates. It shall be the duty of the DTC Participants, as defined
in the Official Statement herein approved, to make all arrangements with DTC to establish this book-
ent ry syst em, t he beneficial o wnership o f t he Cert ificat es, and t he met ho d o f paying t he fees and
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charges of DTC. The City does not represent, nor does it in any way covenant that the initial book-
entry system established with DTC will be maintained in the future. Notwithstanding the initial
est ablishment o f t he fo r eg o ing bo o k -ent r y syst em wit h DT C, if fo r any r easo n any o f t he o r iginally
delivered Certificates is duly filed with the Paying Agent/Registrar with proper request for transfer
and substitution, as provided for in this Ordinance, substitute Certificates will be duly delivered as
provided in this Ordinance, and there will be no assurance or representation that any book-entry
syst em will be maint ained fo r such Cert ificat es. In co nnect io n wit h t he init ial est ablishment o f t he
foregoing book-entry system with DTC, the City heretofore has executed a "Blanket Letter of
Representations" prepared by DTC in order to implement the book-entry system described above.
Section 18. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. That as used
in this Section, the following terms have the meanings ascribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means t he Unit ed St at es Securit ies and Exchange Co mmissio n.
(b) Annual Reports. (i) The City shall provide annually to the MSRB, in an electronic format
as prescribed by the MSRB, within six months after the end of each fiscal year ending in o r after
2009, financial information and operating data with respect to the City of the general type included
in the final Official Statement authorized by Section 20 of this Ordinance, being the information
descr ibed in E xhibit B her e t o . Any financial st at ement s so t o be pr o vided shall be (1) pr epar ed in
acco rdance wit h t he acco unt ing principles described in Exhibit B heret o , o r such o t her acco unt ing
principles as the City may be required to employ from time to time pursuant to state law or
r egulat io n, and (2) audit ed, if t he Cit y co mmissio ns an audit o f such st at ement s and t he audit is
completed within the period during which they must be pro vided. If the audit of such financial
statements is not complete within such period, t hen the City shall provide unaudited financial
statements by the required time, and shall provide audited financial statements for the applicable fiscal
year to the MSRB, 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 otherwise 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 full in one or more
do cument s o r may be included by specific r efer ence t o any do cument t hat is available t o t he public
on the MSRB's internet website or filed with the SEC. All documents provided t o t he MSRB
pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB.
(c) Material Event Notices. The City shall notify t he MSRB in an electronic format as
prescribed by t he MSRB, in a t imely manner, o f any o f t he fo llo wing event s wit h respect t o t he
Certificates, if such event is material within the meaning of the federal securities laws:
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1.Principal and interest payment delinquencies;
2.Non-payment related defaults;
3.Unscheduled draws on debt service reserves reflecting financial difficulties;
4.Unscheduled draws on credit enhancements reflecting financial difficulties;
5.Subst it ut io n o f cr edit o r liquidit y pr o vider s, o r t heir failur e t o per fo r m;
6.Adverse t ax o pinio ns o r event s affect ing t he t ax-exempt st at u s o f t he
Certificates;
7.Modifications to rights of holders of the Certificates;
8.Certificates calls;
9.Defeasances;
10.Release, subst it ut io n, o r sale o f p ro pert y securing repayment o f t he
Cert ificat es; and
11.Rating changes.
The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial
information or operating data in accordance with subsection (b) of this Section by the time required
by such subsection.
(d) Limitations, Disclaimers, and Amendments. (i) The Cit y shall be o bligat ed t o o bserve
and perform 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 Certificates within the meaning of the 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 Certificates no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial o wners o f t he Cert ificat es, and no t hing in t his Sect io n, express o r 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
pro vide any o t her info rmat io n t hat may be relevant o r mat erial t o a co mplet e present at io n o f t he Cit y's
financial result s, co ndit io n, o r pr o sp ect s o r her eby u nd er t ak e t o u p d at e any info r mat io n p r o vided in
accordance with this Section or otherwise, except as expressly provided herein. The City does not
make any representation or warranty concerning such information or its usefulness to a decision to
invest in or sell Certificates at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES 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 SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
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(iv) No default by t he Cit y in o bser ving o r p er fo r ming it s o bligat io ns u nd er t his S ect io n shall
co mpr ise a br each o f o r default und e r t his Or dinance fo r pur po ses o f any o t her pr o visio n o f t his
Ordinance. No t hing in t his Sect io n is int ended o r shall act t o disclaim, waive, o r o t herwise limit t he
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 such obligation with respect to
t he Cert ificat es in acco rdance wit h t he Rule as amended. The pro visio ns o f t his Sect io n may be
amended by the City from time to time to adapt to changed circumstances that arise from a change
in legal requirement s, a change in law, o r a change in t he ident it y, nat ure, st at us, o r t ype o f o perat io ns
of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an
underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance
wit h t he Rule, t aking int o acco unt any amendment s o r int erpret at io ns o f t he Rule since such o ffering
as well as such changed circumst ances and (2) eit her (a) t he r eg ist er ed o wner s o f a ma jo r it y in
aggregate principal amount (or any greater amount required by any other provision of this Ordinance
that authorizes such an amendment) of the outstanding Certificates consent to such amendment or
(b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determined
that such amendment will not materially impair the interest of the registered owners and beneficial
owners of the Certificates. If the City so amends the provisions of this Section, it shall include with
any amended financial info rmat io n o r o perat ing dat a next pro vided in acco rdance wit h subsect io n (b)
of this Section an explanation, in narrative form, of the reason for the amendment and of the impact
of any change in the type of financial information or operating data so provided. The City may also
amend o r r epeal t he pr o visio ns o f t his co nt inuing disclo sur e agr eement if t he S E C amend s o r r ep eals
the applicable pro vision 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 provisions of this sentence
would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary
offering of the Certificates.
Section 19. DEFEASANCE. (a) Deemed Paid. Any Certificate and the interest thereon
shall be deemed t o be paid, ret ired and no lo nger o ut st anding (a "Defeased Cert ificat e") wit hin t he
meaning of this Ordinance, except to the extent provided in subsection (e) of this Section, when
payment of the principal of such Certificate, plus interest thereon to the due date (whether such due
dat e be by reaso n o f mat ur it y o r o t her wise) eit her (i) shall have been made o r caused t o be made in
acco rdance wit h t he t erms t hereo f, o r (ii) shall have been pro vided fo r o n o r befo re such due dat e by
irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an
escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful
money of the United States of America sufficient to make such payment or (2) Defeasance Securities
t hat mat ure as t o principal and int erest in such amo unt s and at such t imes as will insure t he
availability, without reinvestment, of sufficient money to provide for such payment, and when proper
arrangements have been made by the City with the Paying Agent/Registrar for the payment of its
services until all Defeased Certificates shall have become due and payable. At such time as a
Cert ificat e shall be deemed t o be a Defeased Cert ificat e hereunder, as afo resaid, such Cert ificat e and
the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad
valo r em t axes her ein le vie d a nd p ledged o r t he pledge o f S ur plus Revenu es as p r o vided in t his
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Ordinance, and such principal and interest shall be payable solely from such money or Defeasance
Securities.
(b) Investments. Any mo neys so depo sit ed wit h t he Paying Agent /Regis t r a r ma y a t t he
written direction of the City be invested in Defeasance Securities, maturing in the amounts and times
as hereinbefo re set fo rt h, and all inco me fro m such Defeasance Securit ies received by t he P aying
Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with
respect to which such money has been so deposited, shall be turned over to the City, or deposited as
directed in writing by the City. Any Future Escrow Agreement pursuant to which the money and/or
Defeasance Securit ies are held fo r t he payment o f D e feased Cert ificat es may co nt ain pro visio ns
permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution
o f o t her Defeasance Secur it ies u p o n t he sat isfact io n o f t he r e q u ir e ment s sp e c ified in su bse c t io n (a )(i)
or (ii) above. All income from such Defeasance Securities received by the Paying Agent/Registrar
which is not required for the payment of the Defeased Securities, with respect to which such money
has been so d ep o sit ed , shall be r emit t ed t o t he Cit y o r d e p o sit e d a s d ir e c t e d in w r it ing by t he Cit y.
(c) Selection of Defeased Certificates. In the event that the City elects to defease less than
all of the principal amount of Certificates of a maturity, the Paying Agent/Registrar shall select, or
cause t o be select ed, such amo unt o f Cert ificat es by su c h rando m met ho d as it deems fair and
appropriate.
(d) Defeasance Securities. T he t er m "Defeasance Secur it ies" means (i) direct , no ncallable
obligations of the United States of America, including obligations that are unconditionally guaranteed
by t he Unit ed St at es o f America, (ii) no ncallable o bligat io ns o f an agency o r inst rument alit y o f t he
Unit ed St at es o f America, including o bligat io ns t hat are unco ndit io nally guar ant eed o r insur ed by t he
agency o r inst rument alit y and t hat , o n t he dat e o f t he purchase t hereo f are rat ed as t o invest ment
qualit y by a nat io nally r eco gnized invest ment r at ing fir m no t less t han AAA o r it s eq u ivalent , and (iii)
noncallable obligations of a state or an agency or a county, municipality, or other political subdivision
of a state that have been refunded and that, on the date the governing body of the City adopts or
approves the proceedings authorizing the financial arrangements are rated as to investment quality
by a nationally recognized investment rating firm not less than AAA or its equivalent.
(e) Continuing Duty of Paying Agent/Registrar. Unt il all Cer t ificat es defeased under t his
Section of this Ordinance shall become due and payable, the Paying Agent/Registrar for such
Cer t ificat es shall per fo r m t he ser vices o f P aying Agent /Regist r ar fo r such Cer t ificat es t he same as if
they had not been defeased, and the City shall make proper arrangements to provide and pay for such
services.
Section 20. SALE OF CERTIFICATES. (a) Sale to Best Bidder. That t he sale o f t he
Certificates to __________________, and syndicate members (the "Purchasers"), at a price of par
and accr u ed int erest o n t he Cert ificat es t o t he dat e o f delivery, is hereby aut ho rized, rat ified and
confirmed. It is hereby officially found, determined and declared that the Certificates were sold to
the highest bidder at terms that were the most advantageous reasonably obtained.
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(b) Offering Documents. The Certificates were sold pursuant to the terms of a "Notice of
Sale and Bidding Instructions", "Official Bid Form" and "Official Statement", the use of which
documents, a true and correct copy of each such document is attached hereto, is hereby approved.
The use o f t he "Preliminary Official St at ement " prepared in co nnect io n wit h t he sale o f t he
Certificates is hereby ratified.
Section 21. FURTHER PROCEDURES. That the Mayor, the City Secretary, the City
Manager, the Chief Financial Officer, any Assistant City Manager, and all other officers, employees,
and agents of the City, and each of them, shall be and they are hereby expressly authorized,
empowered, and directed from time to time and at any time to do and perform all such acts and things
and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of
t he Cit y all such inst r ument s, whet her o r no t her ein ment io ned, as may be necessar y o r desirable in
o rder t o carry o ut t he t er ms and pro visio ns o f t his Ordinance, and t he sale and delivery o f t he
Cert ificat es and fixing all det ails in co nnect io n t herewit h. The Cit y Co uncil hereby aut ho rizes t he
payment of the fee of the Office of the Attorney General of the State of Texas for the examination
of the proceedings relating to the issuance of the Certificates, in the amount determined in accordance
with the provisions of Section 1202.004, Texas Government Code.
Sect io n 22. USE OF PROCE E DS. T hat t he pr o ceeds fr o m t he sale o f t he Cer t ificat es shall
be used in the manner described in a letter of instructions prepared by the City or on behalf of the City
by the City<s financial advisor. The foregoing notwithstanding, proceeds representing accrued interest
on the Certificates shall be deposited to the credit of the Interest and Sinking Fund. Any amounts
remaining after completion of the improvements described in Section 1 hereof shall be transferred
FI RST t o t he Rebat e Fund, t o t he ext ent r equired by Sect io n 13 her eo f and as fur t her descr ibed in
Section 2 hereof, and THEREAFTER to the Interest and Sinking Fund.
Sect io n 23. INTEREST EARNINGS. That t he int erest earnings derived fro m t he invest ment
o f pro ceeds fro m t he sale o f t he Cert ificat es may be used a lo ng wit h o t her pro ceeds fo r t he
construction of the permanent improvements set forth in Section 1 hereof for which the Certificates
are issued; provided that after completion of such permanent improvements, if any of such interest
earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund.
It is furt her pro vided, ho wever, t hat any int erest earnings o n pro ceeds which a r e r e q uired t o be
rebat ed t o t he U nit e d St at es o f America pursuant t o t his Ordinance hereo f in o rder t o prevent t he
Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for
t he purpo ses o f t his Sect io n.
Section 24. DEFAULT AND REMEDIES.
(a) Events of Default. E ach o f t he fo llo wing o ccu r r ences o r event s fo r t he p u r p o se o f t his
Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Certificates
when the same becomes due and payable; or
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(ii) default in the performance or observance of any other covenant, agreement or
obligation of the City, the failure to perform which materially, adversely affects the rights of
the registered owners of the Certificates, 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
6 0 d ays aft er no t ice o f su ch d efa u lt is g iven by any r eg ist er ed o wner t o t he Cit y.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any registered
owner or an authorized representative thereof, including, but not limited to, a trustee or
trustees therefor, may proceed against the City, or any official, officer or employee of the City
in t heir o fficial capacit y, fo r t he p u r p o se o f p r o t ect ing and enfo rcing t he right s o f t he
regist ered owners under this Ordinance, by mandamus or other suit, action or special
proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted
by law, including t he specific perfo rmance o f any co venant o r agreement co nt ained herein,
o r t hereby t o enjo in any act o r t hing t hat may be unlawful o r in vio lat io n o f any right o f t he
registered owners hereunder or any combination of such remedies.
(ii) It is pro vided t hat all such pro ceedings shall be inst it ut ed and maint ained fo r t he
equal benefit of all registered owners of Certificates then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other
available r emedy o r r emedies, but each and ever y such r emedy shall be cumulat ive and shall
be in addition to every other remedy given hereunder or under the Certificates or now or
hereafter existing at law or in equit y; provided, however, that notwithstanding any other
pr o visio n o f t his Or dinance, t he r ight t o acceler at e t he debt evidenced by t he Cer t ificat es 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 o f a ny o t her availa ble r emed y.
(iii) By accepting the delivery of a Certificate authorized under this Ordinance, such
registered owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to
a perso nal o r pecuniary liabilit y o r charge against t he o fficers, emplo yees o r members o f t he
Cit y o r t he Cit y Co uncil.
(iv) None of the members of the City Council, nor any other official or officer, agent,
o r emplo yee o f t he Cit y, shall be charged perso nally by t he regist ered o w ne r s wit h any
liability, or be held personally liable to the registered owners under any term or provision of
t his Ordinance, or because of any Event of Default or alleged Event of Default under t his
Ordinance.
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Section 25. MISCELLANEOUS PROVISIONS. (a) Titles Not Restrictive. That the titles
assigned t o t he vario us sect io ns o f t his Ordinance are fo r co nvenience o nly and shall no t be
considered restrictive of the subject matter of any section or of any part of this Ordinance.
(b) Rules of Construction. The words "herein", "hereof" and "hereunder" and other words
of similar import refer to this Ordinance as a whole and not to any particular Section o r other
subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart
the singular number shall be considered to include the plural number and vice versa. References to
any named per so n means t hat par t y and it s successo r s and assigns. Refer ences t o any co nst it u t io nal,
st at ut o r y o r r e g u la t o r y pr o visio n means su ch p r o visio n as it exist s o n t he d at e t his Or d inance is
ado pt ed by t he Cit y and any fut ure amendment s t heret o o r s u c c e s s o r pro visio ns t hereo f. Any
r efer ence t o "FORM OF C E R T I FI C AT E " shall refer t o t he fo r m o f t he Cer t ificat es set fo r t h in
Exhibit A t o t his Ordinance. Any reference t o t he payment o f principal in t his Or d ina nc e sha ll be
deemed t o include t he payment o f any mandat o ry sinking fund redempt io n payment s as may be
described herein.
(c) Inconsistent Provisions. All ordinances, orders and resolutions, or parts thereof, which
are in conflict or inconsistent with any provision of this Ordinance are hereby repealed and declared
t o be inapplicable, and t he pro visio ns o f t his Or d inance shall be and remain co nt ro lling as t o t he
mat t ers prescribed herein.
(d) Severability. If any word, phrase, clause, paragraph, sentence, part, portion, or provision
of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid,
t he r emainder o f t his Or d inance shall never t h e le s s b e valid and t he Cit y her eby declar es t hat t his
Ordinance would have been enacted without such invalid word, phrase, clause, paragraph, sentence,
part, portion, or provisions.
(e) Governing Law. This Ordinance shall be co nst rued and enfo rced in acco rdance wit h t he
laws of the State of Texas.
(f) Open Meeting. T he C it y o fficially finds and det er mines t hat t he meet ing at which t his
Ordinance is adopted was open to the public; and that public notice of the time, place, and purpo se
of such meeting was given, all as required by Chapter 551, Texas Government Code.
(g) Application of Chapter 1208, Government Code. Chapt er 120 8 , Texas Go vernment
Code, applies to the issuance of the Certificates and the pledge of ad valorem taxes and the Surplus
Revenues granted by the City under Sections 8 and 9, and such pledge is therefore valid, effective,
and per fect ed. I f T exas law is amended at any t ime while t he Cer t ificat es ar e o ut st anding and unpaid
such t hat t he pledge o f t he ad valo rem t axes and Surplus Revenues grant e d by t he Cit y is t o be
subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to
pr eser ve t o t he Regist er ed Owner s o f t he Cer t ificat es t he per fect io n o f t he secur it y int er est in said
pledge, the City agrees to take such measures as it determines are reasonable and necessary 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.
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(h) Immediate Effect. In accordance with the provisions of Section 1201.028, Texas
Government Code, this Ordinance shall be effective immediately upon its adoption by the City
Co uncil.
[Remainder of page intentionally left blank.]
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PASSED AND APPROVED this July 9, 2009.
____________________________________ ______________________________
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
____________________________
105
EXHIBIT A
FORM OF CERTIFICATE
NO. ____ $________
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF BRAZOS
CITY OF COLLEGE STATION, TEXAS
CERTIFICATES OF OBLIGATION
SERIES 2009
MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP
% July 15, 2009
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF COLLEGE STATION,
TEXAS, in Brazos County (the "City" or the "Issuer"), being a political subdivision of the State of
Texas, hereby pro mises t o pay t o __________________________________________, o r t o t he
regist ered assignee hereo f (eit her being hereinaft er called the "regist ered o wner") t he principal amo unt
of
________________________ DOLLARS
and to pay interest thereon, from the Original Issue Date specified above, to the Maturity Date
specified above, or the dat e o f its redemption prior to scheduled maturity, at the interest rate per
annum specified above, with said interest payable on February 15, 2010, and semiannually on each
August 15 and February 15 thereafter until maturity or prior redemption; except that if this Certificate
is required to be authenticated and the date of its authentication is later than February 15, 2010, such
interest is payable semiannually on each August 15 and February 15 following such date.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of
the United States of America, without exchange or collection charges. At maturity or redemption
prior to maturity, the principal of this Certificate shall be paid to the registered owner hereof upon
presentation and surrender of this Certificate at the designated corporate trust office in Dallas, Texas
(t he "Designat ed T r ust Office") o f T he Bank o f New Yo r k Mello n T r ust Co mpany, N.A., which is
t he "Paying Agent /Regist rar" fo r t his Cert ificat e. The payment o f int erest o n t his Cert ificat e shall be
made by t he Paying Agent /Regist rar t o t he regist ered o wner hereo f o n each int erest payment dat e by
check, dat ed as o f such int er est payment dat e, dr awn by t he Paying Agent /Regist r ar o n, and payable
solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate
(the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as
hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States
mail, first -class po st age prepaid, o n each such int er est p ayment d at e, t o t he r eg ist er ed o wner her eo f,
at it s address as it appeared o n t he last business day o f t he mo nt h preceding eac h su ch dat e (t he
"Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter de-
scribed. Any accrued interest due at maturity as provided herein shall be paid to the registered owner
upo n present at io n and surrender o f t his Cert ificat e fo r payment at t he Designat ed Trust Office o f t he
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Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on
o r befo r e e a ch principal and int erest payment dat e fo r t his Cert ificat e it will make available t o t he
Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance,
the amounts required to provide for the payment, in immediately available funds, of all principal of
and interest on the Certificates, when due.
IN THE EVENT OF NON-PAYMENT of interest on a scheduled payment date, and for 30
days t hereaft er, a new reco r d d a t e fo r such int erest payment (a "Special Reco rd Dat e") will be
est ablished by t he Paying Agent /Regist rar, if and when funds fo r t he payment o f such int erest have
been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date
of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record
Dat e) shall be sent at least five bu siness d ays p r io r t o t he S p ecial Reco r d Dat e by Unit ed S t at es mail,
first -class po st age prepaid, t o t he address o f each regist ered o wner o f a Cert ificat e appearing o n t he
Registration Books kept by the Paying Agent/Registrar at the close of business on the last business
day next preceding the date of mailing of such notice.
IF THE DATE for the payment of the principal of or interest on t his Cert ificate shall be a
Sat urday, Sunday, a legal ho liday, o r a d ay o n which banking inst it ut io ns in t he cit y where t he
Designat ed Trust Office o f t he Paying Agent /Regist rar is lo cat ed are aut ho r ized by law o r execut ive
o rder t o clo se, t hen t he dat e fo r such payment shall be t he next succeeding day which is no t such a
Sat urday, Sunday, legal ho liday, o r day o n which banking inst it u t io ns are aut ho rized t o clo se; and
payment o n such dat e shall have t he same fo rce and effect as if made o n t he o riginal dat e payment
was due.
THIS CERTIFICATE is one of a Series of Certificates dated as of the Original Issue Date
st at ed abo ve, aut ho rized in acco rdance wit h t he Co nst it ut io n and laws o f t he St at e o f Texas in t he
principal amo unt o f $31,315,000, fo r t he purpo se o f paying co nt ract ual o bligat io ns t o be incurred by
t he Cit y, t o -wit , t he co nst ruct io n o f impro vement s as described in t he Cert ificat e Ordinance, and t he
payment o f fiscal, engineering and legal fees incurred in co nnect io n t herewit h.
ON FEBRUARY 15, 2019, o r o n any dat e t hereaft er, t he Cert ificat es o f t his Series mat uring
o n Febr u ar y 1 5, 2020 and t hereaft er may be redeemed prio r t o t heir scheduled mat urit ies, at t he
o pt io n o f t he Issuer, in who le, o r in part , at par and accrued int erest t o t he dat e fixed fo r redempt io n.
The years of maturity of the Certificates called for redemption at the option of the City prior to stated
maturity shall be selected by the City. The Certificates or portions thereof redeemed within a maturity
shall be selected by lot or other method by the Paying Agent/Regist rar; provided, t hat during any
period in which ownership of the Certificates is determined only by a book entry at a securities
depo sit o ry fo r t he Cert ificat es, if fewer t han all o f t he Cert ificat es o f t he same mat urit y and bearing
the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such
int erest rat e shall be select ed in acco rdance wit h t he arrangement s bet ween t he Issuer and t he
securities depository.
AT LEAST 30 days prior to the date fixed for any such redemption, a written notice of such
redemption shall be given to the registered owner of each Certificate or a portion thereof being called
for redemption by depositing such notice in the United States mail, first-class postage prepaid,
addressed t o each such regist ered o wner at his ad d ress sho wn o n t he Regist rat io n Bo o ks o f t he
Paying Agent /Regist rar. By t he dat e fixed fo r any such redempt io n due pr o visio n shall be made by
107
t he I ssuer wit h t he Paying Agent /Regist r ar fo r t he payment o f t he r equired r edempt io n pr ice fo r t his
Certificate or the portion hereof which is to be so redeemed, plus accrued interest thereon to the date
fixed fo r redempt io n. If such no t ice o f redempt io n is given, and if due pro visio n fo r such payment
is made, all as provided above, this Certificate, or the portion hereof which is to be so redeemed,
thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest
aft er t he dat e fixed fo r it s redempt io n, and shall no t be regarded as being o ut st anding except fo r t he
right of the registered owner to receive the redemption price plus accrued interest to the date fixed
fo r redempt io n fro m t he Paying Agent /Regist rar o ut o f t he funds pr o vided fo r such payment . T he
Paying Agent/Registrar shall record in the Registration Books all such redemptions of principal of
this Certificate or any portion hereof. If a portion of any Certificate shall be redeemed a substitute
Cert ificat e o r Cert ificat es having t he same mat urit y dat e, bear ing int er est at t he same rat e, in any
deno minat io n o r deno minat io ns in any int egral mult iple o f $5,000, at t he writ t en r e q u e s t o f t he
r egist er ed o wner , and in aggr egat e pr incipal amo unt equal t o t he unr edeemed po r t io n t her eo f, will
be issued t o t he regist ered o wner upo n t he surrender t hereo f fo r cancellat io n, at t he expense o f t he
Issuer, all as provided in the Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
wit ho ut int erest co upo ns, in t he deno minat io n o f any int egral mult iple o f $5,000. As pro vided in t he
Certificate Ordinance, this Certificate 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
fully registered certificates, without interest coupons, payable to the appropriate registered owner,
assignee, o r assignees, as t he case may be, having t he same mat urit y dat e, and bearing int erest at t he
same r at e, in any deno minat io n o r deno minat io ns in any int egr al mult iple o f $5,000 as r equest ed in
writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon
surrender of this Certificate to the Paying Agent/Registrar at its Designated Trust Office for
cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance.
Amo ng o t her requirement s fo r such assignment and t ransfer, t his Cert ificat e must be present ed and
surrendered to the Paying Agent/Registrar at its Designated Trust Office, together with proper
inst rument s o f assignment , in fo rm and wit h guarant ee o f signat ures sat isfact o ry t o t he Paying
Agent /Regist rar, evidencing assignment o f t his Cert ificat e o r any po rt io n o r po rt io ns hereo f in any
integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or
any such po rt io n o r po rt io ns hereo f is o r are t o be t ransferred and regist ered. The fo rm o f Assign-
ment print ed o r endo rsed o n t his Cert ificat e may be execut ed by t he regist ered o wner t o evidence t he
assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory
t o t he Paying Ag ent /Re g ist r ar may be used t o evidence t he assignment o f t his Cert ificat e o r any
portion or portions hereof from time to time by the registered owner. The foregoing notwithstanding,
in the case of the exchange of an assigned and transferred Certificate or Certificates or any portion
or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer.
The one requesting such exchange shall pay the Paying Agent/Registrar's reasonable standard or
customary fees and charges for exchanging any Certificate or portion thereof. In any circumstance,
any t axes o r go vernment al charges required t o be paid wit h respect t heret o shall be paid by t he o ne
requesting such assignment, transfer, or exchange as a condition precedent to the exercise of such
privilege. In any circumstance, neither the Issuer nor the Paying Agent/Registrar shall be required
(1 ) t o mak e any t r ansfe r o r exchang e d u r ing a p er io d be g inning a t t he o p e ning o f bu sine ss 3 0 d a ys
before the day of the first mailing of a notice of redemption of Certificates and ending at the close of
business on the day of such mailing, or (2) to transfer or exchange any Certificates so selected for
redemption when such redemption is scheduled to occur within 30 calendar days.
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WHENEVER the beneficial ownership of this Certificate is determined by a book entry at a
securities depository for the Certificates, the foregoing requirements of holding, delivering or
t ransferring t his Cert ificat e shall be mo dified t o require t he appro priat e perso n o r ent it y t o meet t he
requirements of the securities depository as to registering or transferring the book entry to produce
the same effect.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that
it promptly will appoint a competent and legally qualified substitut e therefor, and prompt ly will cause
written notice thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY cert ified, recit ed and co venant ed t hat t his Cert ificat e has been duly and
validly aut ho rized, issued, and delivered; t hat all act s, co ndit io ns, and t hings required o r pro per t o be
per fo r med, exist , and be do ne pr ecedent t o o r in t he aut ho r izat io n, is suance, and deliver y o f t his
Certificate have been performed, existed, and been done in accordance with law; that this Certificate
is a direct obligation of said Issuer, issued on the full faith and credit thereof; and that in accordance
wit h t he t erms o f t he Cert ificat e Ordinance, annu a l a d va lo rem t axes sufficient t o pro vide fo r t he
payment of the interest o n and principal of this Certificate, as such interest comes due and such
principal matures, have been levied and ordered to be levied against all taxable property in said Issuer,
and have been pledged for such payment, within the limit prescribed by law; and that a limited pledge
(not to exceed $1,000) of the surplus revenues from the operation of the City's combined municipal
elect ric light and po wer, wat erwo rks and sewer syst em remaining aft er payment o f all o perat io n and
maintenance expenses thereof and any other obligat io ns heretofore or hereafter incurred to which
such revenues have been or shall be encumbered by a lien on and pledge of such revenues superior
to the lien on and pledge of such revenues to the Certificates, have been pledged as additional security
for the Certificates.
BY BECOMING t he regist ered o wner o f t his Cert ificat e, t he regist ered o wner t hereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for
inspect io n in t he o fficial minut es and reco rds o f t he Issuer, and agrees t hat t he t erms and pro visio ns
of this Certificate and the Certificate Ordinance constitute a contract between each registered owner
hereof and the Issuer.
I N WI T NE SS WHE RE OF, t his Cer t ificat e has been signed wit h t he manu al o r facsimile
sig nat u r e o f t he Mayo r o f t he Cit y, at t est ed by t he manu al o r fa csimile sig nat u r e o f t he Cit y S ecr et ar y,
and t he o fficial seal o f t he I ssuer has been duly affixed t o , o r impr essed, o r placed in facsimile, o n t his
Certificate.
xxxxx xxxxx
City Secretary, City of College Station, Texas Mayor, City of College Station, Texas
(SEAL)
109
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby cert ified t hat t his Cert ificat e o f Obligat io n has been issued under t he pro visio ns
o f t he pro ceedings ado pt ed by t he Cit y as described in t he t ext o f t his Cert ificat e o f Obligat io n; and
that this Certificate of Obligation has been issued in exchange for or replacement of a certificate of
obligation of an issue which originally was approved by the Attorney General of the State of Texas
and registered by the Comptroller of Public Accounts of the State of Texas.
Dated ___________
T he Bank o f N ew Yo r k Mello n T r u st Co mp any,
N.A.,
Paying Agent/Registrar
By________________________________
Aut ho rized Represent at ive
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*FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE CERTIFICATES UPON INITIAL DELIVERY THEREOF
OFFICE OF COMPTROLLER :
REGISTER NO. ______
STATE OF TEXAS :
I hereby certify that there is on file and of record in my office a certificat e o f the Attorney
General of the State of Texas to the effect that this Certificate has been examined by him as required
by law, and t hat he finds t hat it has been issued in co nfo rmit y wit h t he Co nst it ut io n and laws o f t he
State of Texas, and that it is a valid and binding obligation of the City of College Station, Texas,
payable in t he manner pr o vided by and in t he o r dinance au t ho r izing sa me, a nd sa id Ce r t ifica t e ha s t his
day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas this ___________________.
___________________________________
Comptroller of Public Accounts of
(SEAL) the State of Texas
NOT E :* t o acco mp any init ial cer t ific a t e s o nly
111
FORM OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto:
_____________________________________________________________
Please insert Social Security or Taxpayer Identification Number of Transferee
_____________________________________________________________
Please print or type name and address, including zip code of Transferee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints:
____________________________________, at t o rney, t o regist er t he t ransfer o f t he wit hin Bo nd
on the books kept for registration thereof, with full power of substitution in the premises.
Dated: __________________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an
eligible guarant o r inst it ut io n part icipat ing in a
securities transfer association reco gnized
signat ur e guar ant ee pr o gr am.
NOTICE: The signat ure abo ve must co rrespo nd
wit h t he name o f t he r egist er ed o w ner as it
appears upon the front of this Bond in every
particular, without alteration or enlargement or
any change whatsoever.
112
EXHIBIT B
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 18 of this Ordinance.
Annual Financial Statements and Operating Data
T he financial info r mat io n and o per at ing dat a wit h r esp ect t o t he Cit y t o be p r o vid e d a nnu a lly
in acco rdance wit h such Sect io n are as specified belo w (and included in t he Appendix o r under t he
headings of the Official Statement referred 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 through 14, and 20, and Appendix B.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described
in the notes to the financial statements referred to in paragraph 1 described above, as such principles
may be changed fro m t ime t o t ime t o co mply wit h st at e law o r regulat io n.
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July 9, 2009
Regular Agenda Item No. 7
Consider Ordinance Issuing General Obligation Bonds
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to approve an ordinance
by the City Council of the City of College Station, Texas, issuing $3,335,000 City of College
Station General Obligation Bonds, Series 2009.
Recommendation(s): Council move to approve the attached ordinance issuing
general obligation bonds.
Summary: The City Council is authorized to approve the issuance of general obligation
bonds which have been authorized by a vote of the citizens. The Citizens approved a total
of $38,405,000 on November 4, 2003 and $76,950,000 on November 4, 2008. By
approving the ordinance, the Council will issue a total of $655,000 from the 2003
authorization and $2,680,000 from the 2008 authorization. This is the sixth bond sale from
the 2003 bond authorization and the first from the 2008 bond authorization.
The City of College Station typically issues debt to fund various capital projects identified
and approved as a part of the annual budget. The City primarily uses three types of debt
instruments to fulfill those requirements:
1. General Obligation Bonds (GOBs) are based on the full faith and credit of the City
and are paid primarily through the debt service portion of the ad valorem tax
rate. GOBs are authorized by the voters and therefore the notice is provided in
the election process.
2. Utility Revenue Bonds (URBs) are backed by the revenues of the City's various
utilities and are issued as a business activity. These are typically only issued for
utility capital projects.
3. Certificates of Obligation (COs) normally include at least one additional revenue
stream such as utility revenues, but are considered to be much like GOBs and
therefore normally receive a rating similar to GOBs. Our policy for issuing CO's
allows more flexibility in their issue than GOBs, particularly when other revenues
are anticipated to assist in debt service.
This particular debt issue is planned to provide resources for street projects, traffic signal
and safety projects, sidewalk improvements, hike and bike trails, and parks and park
facilities improvements and the design of fire station #6 totaling $3,335,000.
Budget & Financial Summary: Staff reviewed the impact of the general obligation bonds
City's ability to meet debt service requirements and the effect they may have on the ad
valorem tax rate. The recommendation to move forward with this issue will not impact the
ad valorem tax rate.
Attachments:
1. Debt Issuance 2009
2. Ordinance available in City Secretary's Office.
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ORDINANCE NO. ____
PROVIDING FOR THE ISSUANCE OF $3,335,000 CITY OF COLLEGE
STATION, TEXAS, GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2009; AND ORDAINING OTHER MATTERS RELATING TO THE
SUBJECT, INCLUDING IMMEDIATE EFFECTIVENESS
WHEREAS, it is deemed advisable and t o t he best int erest o f t he Cit y o f Co llege St at io n (t he
"Cit y" o r t he "Issuer") t hat cer t ain bo nds aut ho rized at elect io ns previo usly held in said Cit y be
combined in a single issue and sold at this time, the dates of election, amount of bonds authorized
thereat, purpose, amount of bonds previously sold, and the amount now to be sold being as follows:
AMOUNT AMOUNT
DATE OF
ELECTION
AMOUNT
AUTHORIZED PURPOSE
PREVIOUSLY
SOLD
ISSUED
HEREIN
November 4, 2003 $17,980,000 Street & transportation improvements $16,260,000 $200,000
November 4, 2003 $3,000,000 Traffic safety system improvements $2,545,000 $455,000
November 4, 2003 $7,610,000 Municipal complex improvements $3,955,000 -0-
November 4, 2008 $48,785,000 Street & transportation improvements -0-$395,000
November 4, 2008 $8,385,000 City library improvements -0--0-
November 4, 2008 $6,990,000 New fire building -0-$750,000
November 4, 2008 $12,790,000 Park & recreation improvements -0-$1,535,000
$105,540,000 $22,760,000 $3,335,000
WHEREAS, the bonds hereinafter authorized for such purpose are to be issued and delivered
pursuant t o Chapt ers 1251 and 1331 Texas Go vernment Co de, as amended, and t he Chart er o f t he
Cit y.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
1. BONDS TO BE SOLD; SERIES DESIGNATION. That the bond or bonds of the City
to be called "City of College Station, Texas General Obligation Improvement Bonds, Series 2009"
(t he "Bo nds"), be issued under and by virt ue o f t he Co nst it ut io n and laws o f t he St at e o f Texas and
t he Chart er o f said Cit y, in t he aggregat e principal amo unt o f $3,335,000 fo r t he pur po se o f financing
p er manent impro vement s t o t he Cit y, t o -wit , (i) co nst ruct io n and acquisit io n o f st reet and
t ranspo r t at io n impro vement s t hro ugho ut t he Cit y including, wit ho ut limit at io n, t raffic signals and
control systems, sidewalks and pedestrian improvements, (ii) construction and impro vements of hike
and bike trails, (iii) construction of improvements for parks, park facilities and other recreational
purpo ses, (iv) co nst ruct io n o f a new Cit y fire st at io n; and (v) paying t he co st s o f issuance o f t he
Bonds.
2. PREAMBLE. That the preamble to this Ordinance is incorporated by reference and made
a part hereof for all purposes.
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3. MATURITY SCHEDULE; INTEREST. That the Bonds shall be dated July 15, 2009,
shall be in the denomination of $5,000 each, or any integral multiple thereof, shall be numbered
consecutively from R-1 upward, shall mature on February 15 in each of the years, and in the amounts,
and shall bear interest at the rates per annum, respectively, as set forth in the following schedule:
Year
Principal
Amount ($)
Interest
Rate (%)Year
Principal
Amount ($)
Interest
Rate (%)
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
2015 2025
2016 2026
2017 2027
2018 2028
2019 2029
T he t er m "Bo nds" as u s e d in t his Or d inance shall mean and includ e co llec t ive ly t he Bo nd init ially
issued and deliver ed p u r su ant t o t his Or d inance and all su bst it u t e Bo nd s exchang ed t her efo r , as well
as all other substitute Bonds and replacement Bonds issued pursuant hereto, and the t erm "Bond"
shall mean any of the Bonds. Interest on the Bonds shall be calculated on the basis of a 360-day year
consisting of twelve 30-day months. Interest shall be payable to the registered owner of any such
Bonds in the same manner provided and on the dates stated in the FORM OF BOND.
4. REDEMPTION PROVISIONS. (a) That the City reserves the right to redeem the Bonds
maturing on or after February 15, 2020, in whole or in part, on February 15, 2019 or on any date
thereafter, for the principal amount thereof plus accrued interest thereon to the date fixed for
redemption. The years of maturity of the Bonds called for redemption at the option of the City prior
t o st at ed mat urit y shall be select ed by t he Cit y. The Bo nds o r po rt io ns t hereo f redeemed wit hin a
maturity shall be selected by lot or other method by the Paying Agent/Registrar (hereinafter defined);
provided, that during any period in which ownership of the Bonds is determined only by a book entry
at a securit ies depo sit o ry fo r t he Bo nds, if fewer t han all o f t he Bo nd s o f t he same mat urit y and
bearing t he same int erest rat e are t o be redeemed, t he part icular Bo nds o f such mat urit y and bearing
such int erest rat e shall be select ed in acco rdance wit h t he arrangement s bet ween t he Cit y a nd t he
secu r it ies d ep o sit o r y. T he Cit y shall no t ify t he P aying Ag ent /Reg ist r ar at least fo r t y-five (4 5 ) d ays
prior to the scheduled redemption date that a redemption of the Bonds is to be effected.
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(b) The Bonds are not subject to mandatory sinking fund redemption prior to their scheduled
maturities.
(c) At least 30 days prior to the date fixed for any such redemption the City shall cause a
written notice of such redemption to be deposited in the United States Mail, first-class postage
prepaid, addressed to each such registered owner at his address shown on the Registratio n Books
(hereinafter defined) of the Paying Agent/Registrar. By the date fixed for any such redemption, due
provision shall be made with the Paying Agent/Registrar 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 Bo nds or the portions thereof which are to be so
redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, and shall not
bear int erest aft er t he dat e fixed fo r t heir redempt io n, and shall no t be regarded as being o ut st anding
except for the right of the registered owner to receive the redemption price plus accrued interest to
the date fixed for redemption from t he Paying Agent/Registrar out of the funds provided for such
payment . The Paying Agent /Regist rar shall reco rd in t he Regist rat io n Bo o ks all such redempt io ns
of principal of the Bonds or any portion thereof. If a portion of any Bond shall be redeemed, a
su bst it ut e Bo nd o r Bo nds having t he same mat urit y dat e, bearing int erest at t he same rat e, in any
d eno minat io n o r deno minat io ns in any int egral mult iple o f $5,000, at t he writ t en request o f t he
r egist er ed o wner , and in an aggr egat e pr incipal amo u nt eq u al t o t he u nr ed eemed p o r t io n t her eo f, will
be issued t o t he regist ered o wner upo n t he surrender t hereo f fo r cancellat io n, at t he expense o f t he
City, all as provided in this Ordinance.
(d) In addition to the foregoing, the Paying Agent/Registrar shall give notice of redemption
of Bonds by United States mail, first-class postage prepaid, at least 30 days prior to a redemption date
t o t he MSRB (as defined in Sect io n 14 hereo f). The failure t o cause such no t ice t o be given,
however, or any defect therein, shall not affect the validity or effectiveness of such redemption.
(e) In addition, in the event of a redemption caused by an advance refunding of the Bonds,
t he Paying Agent /Regist rar shall send a seco nd no t ice o f redempt io n t o t he perso ns specified abo ve
at least 30 days but no t mo re t han 90 days prio r t o t he act ual redempt io n dat e. The Paying
Agent /Regist rar shall also send a no t ice o f prepayment o r redempt io n t o t he o wner o f any Bo nd who
has not sent the Bonds in for redemption 60 days after the redemption date.
(f) E ach r ed emp t io n no t ice , w he t he r r e q u ir e d in t he FO RM O F BO N D o r o t he r w ise by t his
Ordinance, shall contain a description of the Bonds to be redeemed, including the complete name of
t he Bo nd s, t he ser ies, t he d at e o f issu e, t he int er est r a t e , t he ma t u r it y d a t e , t he C U S I P nu mbe r , if a ny,
t he amo unt s called o f each Bo nd, t he mailing d at e fo r t he no t ice, t he dat e o f redempt io n, t he
redempt io n price, t he name o f t he Paying Agent /Regist rar and t he address at which t he Bo nd may be
redeemed, including a contact person and telephone number.
(g) All redemption payments made by the Paying Agent/Registrar to the registered owners
of the Bonds shall include CUSIP numbers relating to each amount paid to such registered owner.
5. ADDITIONAL CHARACTERISTICS OF THE BONDS. (a) That the City shall keep
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or cause to be kept at the designated corporate trust office in Dallas, Texas (the "Designat ed
Payment /Transfer Office") o f The Bank o f New Yo rk Mello n Trust Co mpany, N.A. (t he "P a ying
Agent/Registrar"), or such other bank, trust company, financial institution, or other agency named
in accordance with the provisions of (g) below, books or records of the registration and transfer of
the Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as
its registrar and transfer agent to keep such books or records and make such transfers and registra-
tions under such reasonable regulations as the City and the Paying Agent/Registrar may prescribe;
and t he Paying Agent /Regist r ar shall make such t r ansfer s and r eg ist r at io ns as her ein p r o vided . I t shall
be t he dut y o f t he Paying Agent /Regist rar t o o bt ain fro m t he regist ered o wner and reco rd in t he
Registration Books the address of such registered owner of each bond to which payments with
respect t o t he Bo nds shall be mailed, as herein pro vided. The Cit y o r it s designee shall have t he right
to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but
otherwise the Paying Agent /Registrar shall keep the Registration Books confidential and, unless
otherwise required by law, shall not permit their inspection by any other entity. Registration of each
Bond may be transferred in the Registration Books only upon presentation and surrender of such
Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper
writ t en inst rument s o f assignment , in fo rm and wit h guarant ee o f signat ures sat isfact o ry t o t he Paying
Agent/Registrar, evidencing the assignment of such Bond, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and the right of such assignee or assignees
to have such Bond or any such portion 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 in the manner herein provided.
(b) The ent it y in who se name any Bo nd shall be regist ered in t he Regist rat io n Bo o ks at any
time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not
such Bo nd shall be o verdue, and t he Cit y and t he Paying Agent /Regist rar shall no t be affect ed by any
no t ice t o t he co nt rary; and payment o f, o r o n acco unt o f, t he principal o f, p r emium, if any, and
int erest o n any such Bo nd shall be made o nly t o such regist ered o wner. All such payment s shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or
sums so paid.
(c) The Cit y hereby furt her appo int s t he Paying Agent /Regist rar t o act as t he paying agent
for paying the principal of and interest on the Bonds, and to act as its agent to exchange or replace
Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of
all payment s made by t he Cit y and t he Paying Agent /Reg ist r ar wit h r esp ect t o t he Bo nd s, a nd o f a ll
exchanges thereof, and all replacements thereof, as provided in this Ordinance.
(d) Each Bo nd may be exchanged fo r fully regist ered Bo nds in t he manner set fo rt h herein.
Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unredeemed principal
amo unt t hereo f, may, upo n surrender t hereo f at t he Designat ed Payment /Transfer Office o f t he Paying
Agent/Registrar, 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 of signatures satisfactory to the Paying Agent/Registrar, at the option of the registered
owner or such assignee or assignees, as appropriate, be exchanged for fully registered Bonds, without
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interest coupons, in the form prescribed in the FORM OF BOND, in the denomination of $5,000, or
any int egral mult iple t hereo f (subject t o t he requirement hereinaft er st at ed t hat each subst it ut e Bo nd
shall have a single stated maturity date), as requested in writing by such regist ered owner or such
assignee o r assignees, in an aggregat e principal amo unt equal t o t he unredeemed principal amo unt
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 prio r t o its scheduled
mat urit y as pro vided herein, a subst it ut e Bo nd o r Bo nds having t he same mat urit y dat e, bearing
interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at
the request of the registered owner, and in an aggregate principal amount equal to the unredeemed
po rt io n t hereo f, will be issued t o t he regist ered o wner upo n surrender t hereo f fo r cancellat io n. If any
Bo nd o r po rt io n t hereo f is assigned and t ransferred, each Bo nd issued in exchange t herefo r shall have
t he same principal mat urit y dat e and bear int erest at t he same rat e as t he Bo nd fo r which it is being
exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other
Bond. The Paying Agent/Registrar shall exchange or replace Bonds as provided herein, and each
fully registered Bond or Bonds 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
fo r all pur po ses o f t his Or dinance, and may again be exchanged o r r eplac e d. I t is specifically
provided, however, that any Bond delivered in exchange for or replacement of another Bond prior
to the first scheduled interest payment date on the Bonds (as stated on the face thereof) shall be dated
the same date as such Bond, but each substitute bond so delivered on or after such first scheduled
interest payment date shall be dated as of the interest payment date preceding the date on which such
subst it ut e Bo nd is deliver ed, unless such subst it ut e Bo nd is deliver ed o n an int er est payment dat e, in
which case it shall be dat ed as o f such dat e o f delivery; provided, however, that if at the time of
delivery of any substitute Bond the interest on the Bond for which it is being exchanged has not been
paid, t hen such subst it u t e Bo nd s ha ll be d a t e d a s o f t he d a t e t o w hic h s u c h int e r e s t ha s be e n p a id in
full. On each substitute Bond issued in exchange for or replacement of any Bond or Bonds issued
under t his Or d inance t her e shall be p r int ed t her eo n a P aying Ag ent /Reg ist r ar 's Au t hent icat io n Cer t ifi-
cat e, in t he fo rm hereinaft er set fo rt h in t he FORM OF BOND (t he "Aut hent icat io n Cert ificat e"). An
authorized representative of the Paying Agent/Regist rar shall, before the delivery of any such
substitute Bond, date such substitute Bond in the manner set forth above, and manually sign and date
the Authentication Certificate, and no such substitute Bond shall be deemed to be issued or out-
st anding unless t he Aut hent icat io n Cer t ificat e is so execut ed. T he P aying Ag ent /Reg ist r ar p r o mpt ly
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
acco mplish t he fo rego ing exchange o r replacement o f any Bo nd o r po rt io n hereo f, and t he Paying
Agent /Regist rar shall pro vide fo r t he print ing, execut io n, and delivery o f t he subst it ut e Bo nds in t he
manner prescribed herein. Pursuant to Chapter 1206, Texas Government Code, the duty of exchange
or replacement of any Bond as aforesaid is hereby imposed upon the Paying Agent/Registrar, 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
o riginally were delivered pursuant t o t his Ordinance, appro ved by t he At t o rney General, and
registered by the Comptroller of Public Accounts. Neither the City nor the Paying Agent/Registrar
shall be required to transfer or exchange any Bond so selected for redemption, in whole or in part,
within 45 calendar days of the date fixed for redemption; provided, however, such limitation of
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t ransfer shall no t be applicable t o an exchange by t he r egist er ed o wner o f t he uncalled pr incipal o f a
Bond.
(e) All Bo nds issued in exc ha ng e o r r e p lac e ment o f a ny o t he r Bo nd o r p o r t io n t he r e o f, (i)
shall be issued in fully registered form, without interest coupons, with the principal of and interest on
such Bo nds t o be payable o nly t o t he r egist er ed o wner s t her eo f, (ii) may be r edeemed pr io r t o t heir
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 of and 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 the Paying Agent/Registrar's reasonable and customary fees and charges
fo r making t r ansfer s o f Bo nds, but t he r egist er ed o wner o f any Bo nd r equest ing such t r ansfer shall
pay any taxes or other governmental charges required to be paid with respect thereto. The registered
o wner o f any Bo nd request ing any exchange shall pay t he Paying Agent /Regist rar's reaso nable and
standard or customary fees and charges for exchanging any such Bond or portion thereof, together
with any taxes or governmental charges required to be paid with respect thereto, all as a condition
preced ent t o t he exercise o f such privilege o f exchange, except , ho wever, t hat in t he case o f t he
exchang e o f an assigned and t ransferred Bo nd o r Bo nds o r any po rt io n o r po rt io ns t hereo f in any
int egral mult iple o f $5,000, and in t he case o f t he exchange o f t he unredeemed po rt io n o f a Bo nd
which has been redeemed in part prio r t o mat urit y, as pro vided in t his Ordinance, such fees and
charges will be paid by the City. In addition, the City hereby covenants with the registered owners
o f t he Bonds that it will pay (i) the reasonable and standard or customary fees and charges o f t he
Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on
the Bonds, when due, and (ii) the fees and charges of the Paying Agent/Registrar for services with
respect to the transfer or registration of Bonds solely to the extent above provided, and with respect
to the exchange of Bonds solely to the extent above provided.
(g) The Cit y co venant s wit h t he regist ered o wners o f t he Bo nds t hat at all t imes while t he
Bo nd s ar e o u t st and ing t he Cit y will p r o vid e a co mp et ent and leg ally q u alified bank , t r u st co mp any,
o r o t her ent it y duly qualified and legally aut ho rized t o act as and pe r fo r m t he services o f Paying
Agent /Regist rar fo r t he Bo nds under t his Ordinance, and t hat t he Paying Agent /Regist rar will be o ne
entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon
no t less t han 60 days writ t en no t ice t o t he Paying Agent /Regist rar. In t he event t hat t he ent it y at any
time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method)
should resign or otherwise cease to act as such, the City covenants that it will promptly appoint a
competent and legally qualified national or state banking institution 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 trust powers, subject to supervision or examination by federal
o r st at e aut ho rit y, and who se qualificat io ns subst ant ially are simila r t o t he previo us Paying
Agent /Regist rar t o act as Paying Agent /Regist rar under t his Ordinance. Upo n any change in t he
Paying Agent /Regist rar, t he previo us Paying Agent /Regist rar pro mpt ly shall t ransfer and deliver t he
Registration Books (or a copy thereof), along with all other pertinent books and records relating to
t he Bo nds, t o t he new Paying Agent /Regist rar designat ed and ap p o int ed by t he Cit y. Upo n any
change in t he Paying Agent /Regist rar, t he Cit y pro mpt ly will cause a writ t en no t ice t hereo f t o be sent
by t he new P aying Ag ent /Reg ist r ar t o each r eg ist er ed o wner o f t he Bo nd s, b y U n it ed S t at es mail,
first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Regis-
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trar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed
t o have agreed t o t he p r o visio ns o f t his Ordinance, and a cert ified co py o f t his Ordinance shall be
delivered to each Paying Agent/Registrar.
6. FORM OF BONDS. That the form of all Bonds, including the form of the Authentication
Certificate, the form of Assignment, and the form of the Comptroller's Registration Certificate to
accompany the Bonds on the initial delivery 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 permit t ed o r required by t his Ordinance. The print er o f t he Bo nds is hereby aut ho rized t o print
on the Bonds (i) the form of bond counsel's opinion relating to the Bonds, and (ii) an appropriate
st at ement o f insurance furnished by a municipal bo nd insurance co mpany pro viding municipal bo nd
insurance, if any, covering all or any part of the Bonds.
7. LEVY OF TAX; INTEREST AND SINKING FUND. (a) That a special fund or account,
t o be designat ed t he "Cit y o f Co llege St at io n, Texas Series 2009 General Obligat io n Impro vement
Bo nds Int erest and Sinking Fund" (t he "Int erest and Sinking Fund") is her eby cr eat ed and shall be
est ablished and maint ained at an o fficial depo sit o r y o f t he Cit y. T he I nt er est and Sinking Fund shall
be kept separate and apart from all other funds and accounts of the City, and shall be used only for
paying t he int erest o n and principal o f t he Bo nds. All ad valo rem t axes levied and co llect ed fo r and
o n acco unt o f t he Bo nds shall be depo sit ed, as co llect ed, t o t he credit o f t he Int erest and Sinking
Fund. Dur ing each year while any Bo nd is o u t st a nd ing a nd u np a id , t he Cit y Co u nc il o f t he Cit y sha ll
co mput e and ascer t ain t he r at e and amo unt o f ad valo r em t ax, based o n t he lat est ap p r o ved t ax r o lls
of the City, with full allowances being made for tax delinquencies and costs of tax collections, which
will be sufficient to raise and produce the money required to pay the interest on the Bonds as such
int erest co mes due, and t o pro vide a sinking fund t o pay t he principal (including mandat o ry sinking
fund redemption payments, if any) of the Bonds as such principal matures, but never less than 2% of
the outstanding principal amount of the Bonds as a sinking fund each year. Said rate and amount of
ad valo rem t ax is hereby o rdered t o be levied and is hereby levied against all t axable pro pert y in t he
Cit y fo r each year while any Bo nd is o ut st anding and unpaid, and said ad valo r em t ax shall be
assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund.
Said ad valorem taxes necessary to pay the interest on and principal of the Bonds, as such interest
co mes due, and such pr incipal mat ur es o r co mes due t hro ugh o perat io n o f t he mandat o ry sinking fund
r edempt io n, if any, as pr o vided in t he FORM OF BOND, ar e her eby pledged fo r such pur po se, wit hin
t he limit pr escr ibed by law. T her e shall be ap p r o p r iat ed fr o m t he Gener al Fu nd o f t he Cit y fo r d ep o sit
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 February 15, 2010. Money in the Interest
and Sinking Fund, at the option of the City, may be invest ed in such securities or obligations as
per mit t ed under applicable law and t he Cit y's invest ment po licy. Any secur it ies o r o blig at io ns in
which money is so invested shall be kept and held in trust for the benefit of the owners of the Bonds
and shall be sold and the proceeds of sale shall be timely applied to the making of all payments
required t o be made fro m t he Int er est and Sinking Fund. Int erest and inco me derived fro m t he
investment of money in the Interest and Sinking Fund shall be credited thereto.
(b) Chapt er 1208, Texas Go vernment Co de, a p p lie s t o t he issuance o f t he Bo nds and t he
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pledge o f ad valo rem t axes made under t his Sect io n, and such pledge is t herefo re valid, effect ive, and
perfected. If Texas law is amended at any time while the Bonds are outstanding and unpaid such that
t he pledge o f ad valo r em t axes made by t he Cit y under t his Sect io n is t o be subject t o t he filing
requirement s o f Chapt er 9 , T exas Business & Co mmerce Co de, t hen in o rder t o preserve t o t he
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 necessary 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.
8. DAMAGED, LOST, STOLEN OR DESTROYED BONDS. (a) That in t he event any
o ut st and ing Bo nd is d amag ed , mut ilat ed , lo st , st o len, o r d est r o yed , t he P a ying Ag e nt /Re g ist r a r sha ll
cause t o be print ed, execut ed, and delivered, a new Bo nd o f t he same principal amo unt , mat urit y, and
interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such
Bond in the manner hereinafter provided.
(b) Applicat io n fo r r eplacement o f damaged, mut ilat ed, lo st , st o len, o r d est r o yed Bo nd s shall
be made t o t he Paying Agent /Regist rar. In every case o f lo ss, t heft , o r dest ruct io n o f a Bo nd, t he
applicant for a replacement Bo nd shall furnish to the City and to the Paying Agent/Registrar such
security or indemnity as may be required by them to save each of them harmless from any loss or
damage wit h respect t heret o . Also , in every case o f lo ss, t heft , o r dest ruct io n o f a Bo nd , t he
applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of
the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or
mut ilat io n o f a Bo nd, t he applicant shall surrender t o t he Paying Agent /Regist rar fo r cancellat io n t he
Bond so damaged or mutilated.
(c) No t wit hst anding t he fo r ego ing pr o visio ns o f t his Sect io n, in t he event any such Bo nd shall
have matured, and no default has occurred which is then continuing in the payment of the principal
o f, redempt io n premium, if any, o r int erest o n t he Bo nd, t he Cit y may aut ho rize t he payment o f t he
same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of
issuing a r eplacement Bo nd, pr o vided secur it y o r inde mn it y is fu r nished as abo ve p r o vided in t his
Sect io n.
(d) Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge
the owner of such Bond with all legal, printing, and other expenses in connection therewith. Every
replacement Bo nd issued pursuant t o t he pro visio ns o f t his Sect io n by virt ue o f t he fact t hat any Bo nd
is lo st , st o len, o r dest ro yed shall co nst it ut e a co nt ract ual o bligat io n o f t he Cit y whet her o r no t t he
lo st , st o len, o r dest ro yed Bo nd shall be fo und at any t ime, o r be enfo rceable by anyo ne, 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) I n acco r danc e w it h Chapt er 1206, T exas Go ver nment Co de, t his Sect io n o f t his
Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity
o f furt her act io n by t he go verning bo dy o f t he Cit y o r any o t her bo dy o r perso n, and t he dut y o f t he
replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar,
subject to the conditions imposed by this Section, and the Paying Agent/Registrar shall authenticate
and deliver such Bo nds in t he fo r m and manner and wit h t he effe ct , as p r o vided in S ect io n 5 (d ) o f t his
Ordinance for Bonds issued in exchange for other Bonds.
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9. SUBMISSION OF PROCEEDINGS TO ATTORNEY GENERAL. That the Chief
Financial Officer o f the City is hereby authorized to have control of the Bonds and all necessary
reco rds and pro ceedings pert aining t o t he Bo nds pending t heir delivery and t heir invest ig at io n,
examinat io n and appro val by t he At t o rney General o f t he St at e o f Texas, and t heir regist rat io n by t he
Co mpt r o ller o f P ublic Acco unt s o f t he St at e o f T exas. Upo n r egist r at io n o f t he Bo nds, said
Co mpt r o ller o f P ublic Acco unt s (o r a deput y designat ed in wr it ing t o act fo r said Co mpt r o ller ) shall
manually sign t he Co mpt r o ller 's Regist r at io n Cer t ificat e acco mpanying t he Bo nds, and t he seal o f said
Co mpt ro ller shall be impressed, o r placed in facsimile, o n each such cert ificat e. Aft er regist rat io n by
said Comptroller, delivery of the Bonds shall be made to the representative for the purchasers named
in Section 10 below under and subject to the general supervision and direction of the Chief Financial
Officer, against receipt by the City of all amounts due to the City under the terms of sale. The City
Council hereby authorizes the payment of the fee of the Office of the Attorney General of the State
o f Texas fo r t he examinat io n o f t he pro ceedings relat ing t o t he issuance o f t he Bo nds, in t he amo unt
determined in accordance with the provisions of Section 1202.004, Texas Government Code.
10. SALE OF BONDS. (a) That the sale of the Bonds to
__________________________________, and syndicate members (the "Purchasers"), at a price of
par and accrued int erest o n t he Bo nds t o t he dat e o f delivery, is hereby aut ho rized , r at ified and
co nfirmed. It is hereby o ffic ia lly fo u nd , det ermined and declared t hat t he Bo nds were so ld t o t he
highest bidder at terms that were the most advantageous reasonably obtained. Any accrued interest
received from the sale of the Bonds shall be deposited to the Interest and Sinking Fund.
(b) The Bo nds were so ld pursuant t o t he t erms o f a "No t ice o f Sale and Bidding
Inst ruct io ns", "Official Bid Fo rm" and "Official St at ement ", t he use o f which do cument s, a t rue and
co rrect co py o f each such do cument is at t ached heret o , is hereby appro ved. The use o f t he
"Preliminary Official Statement" prepared in connection with the sale of the Bonds is hereby ratified.
11. FEDERAL TAX COVENANTS. That the Issuer covenants to take any action to assure,
o r refrain fro m any act io n which wo uld adversely affect , t he t reat ment o f t he Bo nds as o bligat io ns
described in section 103 of the Internal Revenue Code of 1986 (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:
(a)to take any action to assure that no more than 10 percent of the proceeds of
t he Bo nd s o r t he p r o ject s financed t her ewit h (le ss a mo u nt s d e p o sit e d t o a r e se r ve fu nd , if a ny)
are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more
t han 10 percent o f t he pro ceeds are so used, t hat amo unt s, whet her o r no t received by t he
Issuer, with respect to such private business use, do not, under the terms of this Ordinance
or any underlying 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;
(b)to take any action to assure that in the event that the "private business use"
described in subsect io n (a) hereo f exceeds 5 percent o f t he pro c e e d s o f t he Bo nds o r t he
projects financed therewith (less amounts deposited into a reserve fund, if any) then t he
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amount in excess of 5 percent is used for a "private business use" which is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental
use;
(c)to take any action to assure that no amount which is greater than the lesser of
$5,000,000, o r 5 percent o f t he pro ceeds o f t he Bo nds (less amo unt s depo sit ed int o a reserve
fund, if any) is directly or indirectly used to finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the Code;
(d)to refrain from taking any action which would otherwise result in the Bonds
being treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(e)t o refrain fro m t aking any a c t io n t hat wo uld result in t he Bo nds being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(f)t o r efr ain fr o m using any po r t io n o f t he pr o ceeds o f t he Bo nds, direct ly o r indi-
rectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
invest ment pr o per t y (as defined in sect io n 148(b)(2) o f t he Co de) which pr o duces a mat er ially
higher yield over the term of the Bonds, other than investment property acquired with --
(1)proceeds of the Bonds invested for a reasonable temporary period of
t hr ee years o r less, unt il such pro ceeds are needed fo r t he purpo se fo r which t he
bonds are issued,
(2)amo unt s invest ed in a bo na fide debt service fund, wit hin t he meaning
o f sect io n 1.148-1(b) o f t he Treasury Regulat io ns, and
(3)amo unt s depo sit ed in any reaso nably requir ed r eser ve o r r eplacement
fund to the extent such amounts do not exceed 10 percent of the proceeds o f t he
Bonds;
(g)to otherwise restrict the use of the proceeds of the Bonds or amounts treated
as proceeds o f t he Bonds, as may be necessary, so that the Bonds do not otherwise
co nt ravene t he requirement s o f sect io n 148 o f t he Co de (relat ing t o arbit rage) and, t o t he
ext ent applicable, sect io n 149(d) o f t he Co de (relat ing t o advance refundings); and
(h)to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90
percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay
t o t he Unit ed St at es o f Amer ica, no t lat er t han 60 days aft er t he Bo nd s have been p aid in fu ll,
100 percent of the amount t hen required to be paid as a result of Excess Earnings under
section 148(f) of the Code.
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For purposes of the foregoing clauses (a) and (b) above, the Issuer understands that the term
"proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case
of a refunding bond, transferred proceeds (if any) and proceeds of the refunded bonds expended prior
to the date of the issuance of the Bonds. It is the understanding of the Issuer that the covenants
contained herein are intended t o assure compliance with the Code and any regulations or rulings
pro mulgat ed by t he U.S. Depart ment o f t he Treasury pursuant t heret o . In t he event t hat regulat io ns
o r r ulings ar e her eaft er pr o mulgat ed which mo dify o r expand pr o visio ns o f t he Co de, as applicable
to the Bonds, the Issuer will not be required to comply with any covenant contained herein t o t he
extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Bonds under section
103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose
addit io nal requirement s which are applicable t o t he Bo nds, t he Issuer agrees t o co mply wit h t he
addit io nal requirement s t o t he ext ent necessar y, in t he o pinio n o f nat io nally-r eco g nized bo nd co u nsel,
to preserve the exemption from federal income taxation of interest on the Bonds under section 103
of the Code. In furtherance of the foregoing, the Mayor, the City Manager, any Assistant City
Manager, and t he Chief Financial Officer may execut e any cert ificat es o r o t her repo rt s required by
the Code and to make such elections, on behalf of the City, which may be permitted by the Code as
are consistent with the purpose for the issuance of the Bonds.
In o rder t o facilit at e co mpliance wit h t he abo ve clause (h), a "Rebat e Fund" is hereby
est ablished by t he Cit y fo r t he so le benefit o f t he Unit ed St at es o f America, and such Rebat e Fund
shall not be subject to t he claim o f any other person, including without limitation the registered
owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with
section 148 of the Code.
12. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT.
That the City covenants to account for on its books and records the expenditure of proceeds from
t he sale o f t he Bo nds and any invest ment ear nings t her eo n t o be used fo r t he pur po ses descr ibed in
Section 1 of this Ordinance (such purposes referred to herein and Section 13 hereof as a "Project")
in accordance with the requirements of the Code. The City recognizes that in order for the proceeds
to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures
within 18 months of the later of the date that (a) the expenditure on a Project is made or (b) each such
Project is completed; but in no event later than three years after the date on which the original
expenditure is paid. The foregoing notwithstanding, the City recognizes that in order for proceeds
to be expended under the Code, the sale proceeds or investment earnings must be expended no more
t han 60 days aft er t he earlier o f (a) t he fift h anniversary o f t he dat e o f delivery o f t he Bo nds o r (b)
t he dat e t he Bo nds are ret ired. The Cit y agrees t o o bt ain t he advice o f a nat io nally-reco gnized bo nd
counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not
adversely affect the tax-exempt status of the Bonds. For purposes of this Section, the City shall not
be o bligat ed t o co mply wit h t his co venant if it o bt ains an o pinio n o f a nat io nally-reco gnized bo nd
counsel to the effect that such failure to comply will not adversely affect the excludability for federal
income tax purposes from gross income of the interest.
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13. DISPOSITION OF PROJECT. That the City covenants that the property financed or
refinanced with the proceeds of the Bonds will not be sold or otherwise disposed in a transaction
resulting in the receipt by the City of cash or other compensation, unless the City obtains an opinion
of a nationally-recognized bond counsel substantially to the effect that such sale or other disposition
will not adversely affect the tax-exempt status of the Bonds. For purposes of this Section, the portion
o f t he pr o per t y co mpr ising per so nal pr o per t y and dispo sed o f in t he o r dinar y co ur se o f business shall
not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes
of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion
o f a nat io nally-r eco gnized bo nd co unsel t o t he effect t hat such failur e t o co mply will no t ad ver sely
affect the excludability for federal income tax purposes from gross income of the interest.
14. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. T hat as used in t his
Section, the following terms have the meanings ascribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means t he Unit ed St at es Securit ies and Exchange Co mmissio n.
(b) Annual Reports. (i) The City shall provide annually to the MSRB, in an electronic format
as prescribed by the MSRB, wit hin six months after the end of each fiscal year ending in or after
2009, financial information and operating data with respect to the City of the general type included
in the final Official Statement authorized by Section 10 of this Ordinance, being the information
descr ibed in E xhibit B her et o . Any financial st at ement s so t o be pr o vid e d shall be (1) pr epar ed in
acco rdance wit h t he acco unt ing principles described in Exhibit B heret o , o r such o t her acco unt ing
principles as the City may be required to employ from time to time pursuant to state law or
r egulat io n, and (2) audit ed, if t he Cit y co mmissio ns an audit o f such st at ement s and t he au d it is
complet ed wit hin 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 financial
statements by the required time, and shall provide audited financial statements for the applicable fiscal
year to the MSRB, 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 otherwise 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 full in one or more
do cument s o r may be included by specific r efer ence t o any d o cu ment t hat is available t o t he p u blic
on the MSRB's internet websit e or filed with the SEC. All documents provided to the MSRB
pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB.
(c) Material Event Notices. The City shall notify the MSRB in an electronic format as
prescr ibed by t he MSRB, in a t imely manner, o f any o f t he fo llo wing event s wit h respect t o t he
Bonds, if such event is material within the meaning of the federal securities laws:
1.Principal and interest payment delinquencies;
2.Non-payment related defaults;
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3.Unscheduled draws on debt service reserves reflecting financial difficulties;
4.Unscheduled draws on credit enhancements reflecting financial difficulties;
5.Subst it ut io n o f cr edit o r liquidit y pr o vider s, o r t heir failur e t o per fo r m;
6.Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
7.Modifications to rights of holders of the Bonds;
8.Bond calls;
9.Defeasances;
10.Release, substitution, or sale of property securing repayment of the Bonds;
and
11.Rating changes.
The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial
information or operating data in accordance with subsection (b) of this Section by the time required
by such subsection.
(d) Limitations, Disclaimers, and Amendments. (i) The Cit y shall be o bligat ed t o o bserve
and perform 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 of the 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 pro visio ns o f t his Sect io n are fo r t he so le benefit o f t he r egist ered o wners and
beneficial o wner s o f t he Bo nds, and no t hing in t his Sect io n, expr ess o r implied, shall give any benefit
or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes
t o pr o vide o nly t he financial info r mat io n, o per at ing dat a, financial st at ement s, and no t ices which it
has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide
any o t her info rmat io n t hat may be relevant o r mat erial t o a co mplet e present at io n o f t he Cit y's
financial result s, co ndit io n, o r pr o spect s o r her eby under t ake t o updat e any info r mat io n pr o vided in
accordance with this Section or otherwise, except as expressly provided herein. The City does not
make any representation or warranty concerning such information 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
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES 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 SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(iv) No default by t he Cit y in o bser ving o r p er fo r ming it s o bligat io ns u nd er t his S ect io n shall
co mpr ise a br each o f o r default under t his O r dinance fo r pur po ses o f any o t her pr o visio n o f t his
Ordinance. No t hing in t his Sect io n is int ended o r shall act t o disclaim, waive, o r o t herwise limit t he
duties of the City under federal and state securities laws.
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(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 such obligation with respect to
the Bonds in accordance with the Rule as amended. The provisions of this Section may be amended
by the City from time to time to adapt to changed circumst ances that arise from a change in legal
requirement s, a change in law, o r a change in t he ident it y, nat ure, st at us, o r t ype o f o perat io ns o f t he
City, but only if (1) t he provisions of this Section, as so amended, would have permitted an
underwrit er t o purchase o r sell Bo nds in t he primary o ffering o f t he Bo nds in co mpliance wit h t he
Rule, t aking int o acco unt any amendment s o r int er p r et at io ns o f t he Ru le since su ch o ffe r ing as well
as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate
principal amount (or any greater amount required by any o t her provision of this Ordinance that
authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person
that is unaffiliated with the City (such as nationally recognized bond counsel) determined 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 include with any amended
financial information or operating data next provided in accordance with subsection (b) of this Section
an explanation, in narrative form, of the reason for the amendment and of the impact of any change
in the type of financial information or operating data so provided. The City may also amend or repeal
t he pr o visio ns o f t his co nt inuing disclo sur e agr eement if t he SE C amends o r r epeals t he applicable
pr o visio n o f t he Rule o r a co ur t o f final jur isdict io n ent er s jud g ment t hat su ch p r o visio ns o f t he Ru le
are invalid, but only if and to the extent that the provisions of this sent ence wo uld not prevent an
underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds.
15. DEFEASANCE. (a) Defeased Bonds. That any Bo nd and t he int erest t hereo n shall be
deemed t o be paid, r et ired and no lo nger o ut st anding (a "Defeased Bo nd") wit hin t he meaning o f t his
Ordinance, except t o t he ext ent p r o vid ed in subsect io n (d) o f t his Sect io n, when payment o f t he
principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of
mat urit y o r o t herwise) eit her (i) shall have been made o r caused t o be made in acco rdance wit h t he
t er ms t her eo f, o r (ii) shall have been pr o vided fo r o n o r befo r e suc h d u e d a t e by irr evo cably
depositing with or making available to the Paying Agent/Registrar in accordance with an escrow
agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money
of the United States of America sufficient to make such payment or (2) Defeasance Securities that
mat u r e as t o p r incip al and int er est in su c h a mo u nt s a nd a t su c h t ime s a s w ill insu r e t he a va ila bilit y,
without reinvest ment , o f sufficient money to provide for such payment, and when proper
arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its
ser vices unt il all Defeased Bo nds shall have beco me due and p ayable. At su ch t ime as a Bo nd shall
be deemed t o be a Defeased Bo nd her eunder , as afo r esaid, such Bo nd and t he int er est t her eo n shall
no longer be secured by, payable from, or entitled to the benefit s o f, t he ad valo rem t axes her ein
levied and pledged as pr o vided in t his Or d inance , a n d su ch p r incipal and int er est shall be p ayable
so lely fr o m such mo ney o r Defeasance Secur it ies. No t wit hst anding any o t her pr o visio n o f t his
Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Bonds
t hat is made in co njunct io n wit h t he payment ar r angement s specified in su bsect io n 1 5 (a)(i) o r (ii) shall
not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements,
the Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2) the Issuer gives
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no t ice o f t he reservat io n o f t hat right t o t he o wners o f t he Defeased Bo nds immediat ely fo llo wing t he
making o f t he payment arrangement s; a nd (3 ) t he Issuer direct s t hat no t ice o f t he reservat io n be
included in any redemption notices that it authorizes.
(b)Investment in Defeasance Securities. Any mo neys so depo sit ed wit h t he Paying
Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities,
maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance
Securities received by the Paying Agent/Registrar that is not required for the payment of the Bonds
and interest thereon, with respect to which such money has been so deposited, shall be turned over
t o t he Issuer, o r depo sit ed as direct ed in writ ing by t he I ssuer. Any Fut ure Escro w Agreement
pursuant to which the money and/o r Defeasance Securities are held for the payment of Defeased
Bo nds may co nt ain pr o visio ns per mit t ing t he invest ment o r r einves t me n t o f s u ch mo neys in
Defeasance Securit ies o r t he subst it ut io n o f o t her Defeasance Securit ies upo n t he sat isfact io n o f t he
requirements specified in subsection 15(a)(i) o r (ii). All income from such Defeasance Securities
received by the Paying Agent/Registrar 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)Defeasance Securities Defined. The term "Defeasance Securities" means (i) direct,
no ncallable o bligat io ns o f t he Unit ed St at es o f Amer ica, including o bligat io ns t hat ar e unco ndit io nally
guaranteed by the United States of America., (ii) noncallable obligations of an agency or
inst r ument alit y o f t he Unit ed St at es o f Amer ica, including o bligat io ns t hat ar e unc o nd it io nally
guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof
are rat ed as t o invest ment qualit y by a nat io nally reco gnized invest ment rat ing firm no t less t han AAA
o r it s eq u ivalent , a nd (iii) no nc a lla ble o blig a t io ns o f a st a t e o r a n a g e nc y o r a c o u nt y, mu nic ip a lit y,
o r o t her po lit ical subdivisio n o f a st at e t hat have been refunded and t hat , o n t he dat e o n t he dat e t he
governing body of the Issuer adopts or approves the proceedings authorizing the financial
arrangements are rated as to investment quality by a nationally recognized investment rating firm not
less than AAA or its equivalent.
(d)Paying Agent/Registrar Services. Until all Defeased Bonds shall have become due
and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such
Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required by this Ordinance.
(e)Selection of Bonds for Defeasance. In the event that the Issuer elects to defease less
than all of the principal amount of Bonds of a maturity, the Paying Agent/Registrar shall select, or
cause to be selected, such amount of Bonds by such random method as it deems fair and appropriate.
16. BOOK-ENTRY ONLY SYSTEM. That the Bonds initially shall be issued and delivered
in such manner t hat no physical d ist r ibut io n o f t he Bo nds will be made t o t he public, and The
Depo sit o ry Trust Co mpany ("DTC"), New Yo rk, New Yo rk, init ially will act as depo sit o ry fo r t he
Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws
o f t he St at e o f New Yo r k, a member o f t he Feder al Reser ve Syst em, a "clear ing co r p o r at io n" wit hin
the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under
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Section 17A of the Securities Exchange Act of 1934, as amended, and the City accepts, but in no way
ver ifies, such r epr esent at io ns. T he Bo nds init ially aut ho r ized by t his Or dinance int ended t o be held
by DTC shall be delivered to and registered in the name of CEDE & CO., the nominee of DTC. It
is expect ed t hat DTC will ho ld t he Bo nds o n behalf o f t he Purchasers (as defined in Sect io n 10) and
t heir part icipant s. So lo ng as each Bo nd is reg ist ered in t he name o f CEDE & CO., t he Paying
Agent /Regist rar shall t reat and deal wit h DTC t he same in a ll r e sp e ct s as if it were t he act ual and
beneficial o wner t her eo f. I t is expect ed t hat DT C w ill ma int ain a bo o k-ent r y syst em which will
ident ify o wnership o f t he Bo nds in int egral amo unt s o f $5,000, wit h t ransfers o f o wnership being
effect ed o n t he reco rds o f DTC and it s part icipant s pursuant t o rules and regulat io ns est ablished by
them, and that the Bonds initially deposited with DTC shall be immobilized and not be further
exchanged fo r subst it ut e Bo nds except as her einaft er pr o vided . T he Cit y is no t r esp o nsible o r liable
for any functions of DTC, will not be responsible for paying any fees or charges with respect to its
services, will not be responsible or liable for maintaining, supervising, or reviewing the records of
DTC or its participants, or protecting any interests or rights of the beneficial owners of the Bonds.
It shall be the duty of the DTC Participants, as defined in the Official Statement herein approved, to
make all arrangement s wit h DTC t o est ablish t his bo o k-ent ry syst em, t he beneficial o wnership o f t he
Bonds, and the method of paying the fees and charges of DTC. The City does not represent, nor
do es it in any way co venant t hat t he init ial bo o k-ent ry syst em est ablished wit h DTC will be
maintained in the future. Notwithstanding the initial establishment of the foregoing book-entry
syst em wit h DTC, if fo r any reaso n any o f t he o riginally delivered Bo nds is duly filed wit h t he Paying
Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance,
substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance
or representation that any book-entry system will be maintained for such Bonds. In connection with
the initial establishment of the foregoing book-entry system with DTC, the City heretofore has
executed a "Blanket Letter of Representations" prepared by DTC in order to implement the book-
entry system described above.
17. DEFAULT AND REMEDIES. (a) Events of Default. Each o f t he fo llo wing
occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest o n any o f t he 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 perform which materially, adversely affects the rights of
the Registered owners of the 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
d ays aft er no t ic e o f s u c h d e fa u lt is g ive n by a ny Re g ist e r e d o w ne r t o t he Cit y.
(b) Remedies for Default.
(i) Upo n t he happening o f any Event o f Default , t hen and in every case, any
Registered owner or an authorized representative thereof, including, but not limited to, a
trustee or trustees therefor, may proceed against the City, or any official, officer or employee
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of the City in their official capacity, for the purpose of protecting and enforcing the rights of
the Registered owners under this Ordinance, by mandamus or other suit, action or special
proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted
by law, including t he specific perfo rmance o f any co venant o r agreement co nt ained herein,
o r t hereby t o enjo in any act o r t hing t hat may be unlawful o r in vio lat io n o f any right o f t he
Registered owners hereunder or any combination of such remedies.
(ii) It is pro vided t hat all such pro ceedings shall be inst it ut ed and maint ained fo r t he
equal benefit of all Registered owners of Bonds then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other
available r emedy o r r emedies, but each and ever y such r emedy shall be cumulat ive and shall
be in addition to every other remedy given hereunder or under the Bonds or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of
t his Or dinance, t he r ight t o acceler at e t he debt evidenced by t he Bo nds shall no t be available
as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver o f a ny o t her availa ble r emed y.
(iii) By accepting the delivery o f a Bond authorized under this Ordinance, such
registered owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to
a perso nal o r pecuniary liabilit y o r charge against t he o fficers, emplo yees o r t rust ees o f t he
Cit y o r t he Cit y Co uncil.
(iv) None of the members of the City Council, nor any other official or officer, agent,
o r emplo yee o f t he Cit y, shall be charged perso nally by t he Regist ered o wners wit h any
liability, or be held personally liable to the Registered owners under any term or provision of
t his Or dinance, o r becau se o f any E vent o f D e fa u lt o r a lleg e d E ve nt o f D e fa u lt u nd e r t his
Ordinance.
18. OFFICIALS AUTHORIZED TO ACT ON BEHALF OF THE CITY. That the Mayor,
the City Secretary, the City Manager, any Assistant City Manager or the Chief Financial Officer of
the City, and all other officers, employees, and agents of the City, and each of them, shall be and they
are hereby expressly authorized, empowered, and directed from time to time and at any time to do
and perform all such acts and things and to execute, acknowledge, and deliver in the name and under
t he seal and o n behalf o f t he Cit y all such inst rument s, whet her o r no t herein ment io ned, as may be
necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Bonds,
t he o ffering do cument s p r ep ar ed in co nnect io n wit h t he sale o f t he Bo nds, o r t he Paying
Agent/Registrar Agreement. In case any officer whose signature appears on any Bond shall cease
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t o be such o fficer befo re t he delivery o f such Bo nd, such signat ur e shall neve r t he le s s be valid and
sufficient for all purposes the same as if he or she had remained in office until such delivery.
19. MISCELLANEOUS PROVISIONS. (a) Titles Not Restrictive. That the titles assigned
to the various sections of this Ordinance are for convenience o nly and shall not be considered
restrictive of the subject matter of any section or of any part of this Ordinance.
(b) Rules of Construction. The words "herein", "hereof" and "hereunder" and other words
of similar import refer to this Ordinance as a whole and not to any particular Section or other
subdivision. Except where the context otherwise requires, terms defined in this Ordinance to impart
the singular number shall be considered to include the plural number and vice versa. References to
any named per so n means t hat par t y and it s successo r s and assigns. Refer ence s t o a ny co nst it u t io na l,
st at ut o r y o r r egulat o r y p r o visio n means such pr o visio n as it exist s o n t he dat e t his Or dinance is
ado pt ed by t he Cit y and any fut ure amendment s t heret o o r successo r p r o vis io ns t hereo f. Any
reference t o t he payment o f principal in t his Ordinance shall be deemed t o include t he payment o f any
mandatory sinking fund redemption payments as may be described herein. References to the FORM
OF BOND in this Ordinance refer to the FORM OF BOND set forth in Exhibit A to this Ordinance.
(c) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict
o r inco nsist ent wit h any pro visio n o f t his Ordinance are her eby r epealed and declared t o be
inapplicable, and the provisions of this Ordinance shall be and remain controlling as to the matters
prescribed herein.
(d) Severability. If any word, phrase, clause, paragraph, sentence, part, portion, or provision
of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid,
the remainder of this Ordinance shall nevert heless be valid and t he Cit y hereby declares t hat t his
Ordinance would have been enacted without such invalid word, phrase, clause, paragraph, sentence,
part, portion, or provisions.
(e) Governing Law. This Ordinance shall be co nst rued and enfo rced in acco rdance wit h t he
laws of the State of Texas.
(f) Open Meeting. T he Cit y o fficially finds and det er mines t ha t t he meet ing at which t his
Ordinance is adopted was open t o t he public; and t hat public no t ice o f t he t ime, place, and purpo se
of such meeting was given, all as required by Chapter 551, Texas Government Code.
(g) Immediate Effect. In accordance with the provisions of Section 1201.028, Texas
Government Code, this Ordinance shall be effective immediately upon its adoption by the City
Co uncil.
[Execution page follows.]
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PASSED AND APPROVED this July 9, 2009.
__________________________________________________________
City Secretary, Mayor
City of College Station, Texas City of College Station, Texas
(CITY SEAL)
APPROVED:
McCall, Parkhurst & Horton L.L.P.
Bond Counsel
____________________________
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EXHIBIT A
FORM OF BOND
N O . ____$_______
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF BRAZOS
CITY OF COLLEGE STATION, TEXAS
GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 2009
MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP
% July 15, 2009
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF COLLEGE STATION,
TEXAS (the "Issuer"), a home-rule municipality located Brazos County, Texas, hereby promises to
pay to
______________________________
o r t o t he regist ered assignee her eo f (eit her being hereinaft er called t he "regist ered o wner") t he
principal amo unt o f:
_______________________________ DOLLARS
and to pay interest thereon, from the Original Issue Date specified above, to the maturity date
specified above, or the date of its redemption prior to scheduled maturity, at the rate of interest per
annum specified above, with said interest being payable on February 15, 2010, and semiannually on
each August 15 and February 15 thereafter; except that if the Paying Agent/Registrar's Authentication
Cer t ificat e appear ing o n t he face o f t his Bo nd is dat ed lat er t han Febr u ar y 15 , 2 0 1 0 , su ch int er est is
payable semiannually on each August 15 and February 15 following such date.
THE PRINCIPAL OF AND INTEREST ON t his Bo nd are payable in lawful mo ney o f t he
Unit ed St at es o f Amer ica, wit ho ut exchange o r co llect io n char ges. T he pr incipal o f t his Bo nd shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or
redemption prior to maturity at the designated corporate trust office in Dallas, Texas (the "Designated
Payment /Transfer Office"), o f The Bank o f New Yo rk Mello n Trust Co mpany, N.A., which is t he
"Paying Agent /Regist rar" fo r t his Bo nd. The payment o f int erest o n t his Bo nd shall be made by t he
Paying Agent /Regist rar t o t he regist ered o wner hereo f as sho wn by t he Regist rat io n Bo o ks kept by
t he Paying Agent /Regist rar at t he clo se o f business o n t he last business day o f t he mo nt h next
preceding such int erest payment dat e by check, dat ed as o f such int erest payment dat e, drawn by t he
Paying Ag e nt /Regist r ar o n, and payable so lely fro m, funds o f t he I ssuer r eq u ir ed t o be o n d ep o sit
wit h t he Paying Agent /Regist rar fo r such purpo se as hereinaft er pro vided; and such check shall be
sent by the Paying Agent/Registrar by United States mail, first-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 Agent/Registrar, as hereinafter described. Any accrued int erest due at
mat urit y o r upo n redempt io n o f t his Bo nd prio r t o mat urit y as pro vided herein shall be paid t o t he
regist ered o wner upo n present at io n and surrender o f t his Bo nd fo r redempt io n and payment at t he
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Designat ed Payment /Transfer Office o f t he Paying Agent /Regist rar. The Issuer co venant s wit h t he
registered owner of this Bond that no later than each principal payment and/or interest payment date
fo r t his Bo nd it will make available t o t he Paying Agent /Regist rar fro m t he Int erest and Sinking Fund
as defined by the ordinance authorizing the Bonds (the "Ordinance") the amounts required to provide
for the payment, in immediately available funds, of all principal of and interest on the Bonds, when
due.
IN THE EVENT OF A NON-PAYMENT of interest on a scheduled payment date, and for
30 days t hereaft er, a new reco rd dat e fo r such int erest payment (a "Special Reco rd Dat e") will be
est ablished by t he Paying Agent /Regist rar, if and when funds fo r t he payment o f such int erest have
been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date
of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record
Dat e) shall be sent at least five bu siness d ays p r io r t o t he S p ecial Reco r d Dat e by Unit ed S t at es mail,
first -class po st age prepaid, t o t he address o f each regist ered o wne r o f a Bo nd appearing o n t he
regist rat io n bo o ks o f t he Paying Agent /Regist rar at t he clo se o f business o n t he last business day next
preceding the date of mailing of such notice.
I F T HE DAT E fo r t he p ayment o f t he p r incip al o f o r int e r e st o n t his Bo nd sha ll be a S a t u r d a y,
Sunday, a legal holiday, or a day on which banking institutio ns in t he city where the Designated
Payment /Transfer Office o f t he Paying Agent /Regist rar is lo cat ed are aut ho rized by law o r execut ive
o rder t o clo se, t hen t he dat e fo r such payment shall be t he next succeeding day which is no t such a
Sat urday, S unday, legal ho liday, o r day o n which banking inst it ut io ns are aut ho rized t o clo se; and
payment o n such dat e shall have t he same fo rce and effect as if made o n t he o riginal dat e payment
was due. No t wit hst anding t he fo r e g o ing , dur ing any per io d in which o wner ship o f t he Bo nds is
det ermined o nly by a bo o k ent ry at a securit ies depo sit o ry fo r t he Bo nds, any payment t o t he
securit ies depo sit o ry, o r it s no minee o r regist ered assigns, shall be made in acco rdance wit h exist ing
ar r ang ement s bet ween t he I ssu er and t he secu r it ies d ep o sit o r y.
THIS BOND is one of a Series of Bonds of like tenor and effect except as to number,
principal amo unt , int erest rat e, mat urit y and o pt io n o f redempt io n, aut ho rized in acco rdance wit h t he
Co nst it ut io n and laws o f t he St at e o f Texas in t he principal amo unt o f $3,335,000, fo r t he fo llo wing
purposes, to-wit: ((i) construction and acquisition of street and transportation improvements
t hro ugho ut t he Cit y including, wit ho ut limit at io n, t raffic signals and co nt ro l syst ems, sidewalks and
pedestrian improvements, (ii) construction and improvements of hike and bike trails, (iii) construction
of improvements for parks, park facilities and other recreational purposes, (iv) construction of a new
City fire station; and (v) paying the costs of issuance of the Bonds.
ON FEBRUARY 15, 2019, or on any date thereafter, the Bonds of this Series maturing on
February 15, 2020 and thereafter may be redeemed prior to their scheduled maturities, at the option
o f t he Issuer, in who le, o r in part , at par and accrued int erest t o t he dat e fixed fo r redempt io n. The
years of maturity of the Bonds called for redemption at the option of the City prior to stated maturity
shall be select ed by t he Cit y. The Bo nds o r p o r t io ns t hereo f redeemed wit hin a mat urit y shall be
selected by lot or other met hod by t he P aying Agent /Regist rar; provided, t ha t d u r ing a ny p e r io d in
which o wnership o f t he Bo nds is det ermined o nly by a bo o k ent ry at a securit ies depo sit o ry fo r t he
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 Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any such redemption a written notice of such
135
redemption shall be given to the registered owner of each Bond or a portion thereof being called for
redemption by depositing such notice in the United States mail, first-class postage prepaid, addressed
t o each such regist ered o wner at his address sho wn o n t he Regist rat io n Bo o ks o f t he Paying
Agent/Registrar. By the date fixed for any such redemption due provision shall be made by the Issuer
with the Paying Agent/Registrar for the payment of the required redemption price for this Bond or
the portion hereof which is 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, this Bond, or the portion hereof which is to be so redeemed, thereby auto-
matically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date
fixed fo r it s redempt io n, and shall no t be regarded as being o ut st anding except fo r t he right o f t he
registered owner to receive the redemption price plus accrued interest to the date fixed for
redempt io n fro m t he Paying Agent /Regist rar o ut o f t he funds pro vided fo r such payment . The Paying
Agent /Regist rar shall reco rd in t he Regist rat io n Bo o ks all such redempt io ns o f principal o f t his Bo nd
o r any po rt io n hereo f. If a po rt io n o f any Bo nd shall be redeemed a subst it ut e Bo nd o r Bo nds having
t he same mat ur it y dat e, bear ing int er est at t he same r at e, in any deno minat io n o r deno minat io ns in
any integral multiple of $5,000, at the written request of the registered owner, and in aggregate
principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon
the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
co upo ns, in t he deno minat io n o f any int egr al mult iple o f $5,000. As p r o vided in t he Or d inance, t his
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
fully registered bonds, without interest coupons, payable to the appropriate registered owner,
assignee, o r assignees, as t he case may be, having t he same mat urit y dat e, and bearing int erest at t he
same r at e, in any deno minat io n o r deno minat io ns in any int egr al mult iple o f $5,000 as r equest ed in
writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon
surrender of this Bond to the Paying Agent/Registrar at its Designated Payment/Transfer Office for
cancellation, all in accordance with the form and procedures set forth in the Ordinance. Among other
requirement s fo r such assignment and t ransfer, t his Bo nd must be present ed and surrendered t o t he
Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee
o f signat ures sat isfact o ry t o t he Paying Agent /Regist rar, evidencing assignment o f t his Bo nd o r any
portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose
name o r names t his Bo nd o r any such po r t io n o r po rt io ns hereo f is o r are t o be t ransferred and
regist ered. The fo rm o f Assignment print ed o r endo rsed o n t his Bo nd may be execut ed by t he
registered owner to evidence the assignment hereof, but such method is not exclusive, and other
inst rument s o f assignment sat isfact o ry t o t he Paying Agent /Regist rar may be used t o evidence t he
assignment of this Bond or any portion or portions hereof from time to time by the registered owner.
The one requesting such exchange shall pay the Paying Agent/Registrar's reasonable standard or
cust o mary fees and charges fo r exchanging any Bo nd o r po rt io n t he reo f. The fo rego ing
notwithstanding, in the case of the exchange of a portion of a Bond which has been redeemed prior
t o mat urit y, as pro vided herein, and in t he case o f t he exchange o f an assigned and t ransferred Bo nd
o r Bo nd s o r a ny p o r t io n o r p o r t io ns t he r e o f, su c h fe e s a nd c ha r g e s o f t he P a ying Ag e nt /R e g ist r a r w ill
be paid by t he I ssu er . I n a ny c ir c u mst a nc e , ne it he r t he I ssu e r no r t he P a ying Ag e nt /Re g ist r a r sha ll
be required (1) to make any transfer or exchange during a perio d beginning at t he o pening o f business
30 days before the day of the first mailing of a notice of redemption of Bonds and ending at the close
of business on the day of such mailing, or (2) to transfer or exchange any Bonds so selected for
redemption when such redemption is scheduled to occur within 30 calendar days.
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WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securit ies depo sit o ry fo r t he Bo nds, t he fo rego ing requirement s o f ho lding, delivering o r t ransferring
this Bond shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns,
o r o t her wise ceases t o act as su ch, t he I ssu er has co venant ed in t he Or d inance t hat it p r o mpt ly will
appoint a competent and legally qualified substitute therefor, and promptly will cause written notice
thereof to be mailed to the registered owners of the Bonds.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series
o f which it is a part , is duly aut ho rized by law; t hat all act s, co ndit io ns and t hings required t o be do ne
precedent t o and in t he issuance o f t his series o f bo nds, and o f t his Bo nd, have been pro perly do ne
and performed and have happened in regular and due time, form and manner as required by law; that
sufficient and pro per pro visio n fo r t he levy and co llect io n o f ad valo rem t axes has been made, which,
when collected, shall be appropriated exclusively to the payment of this Bond and the series of which
it is a part; and that the total indebtedness of the City of College Station, Texas, including the entire
series o f bo nds o f which t his is o ne, do es no t exceed any co nst it ut io nal o r st at ut o ry limit at io n.
BY BECOMING t he regist ered o wner o f t his Bo nd, t he regist ered o wner t hereby
ackno wledges all o f t he t erms and pro visio ns o f t he Ordinance, agrees t o be bo und by such t erms and
pro visio ns, ackno wledges t hat t he Ordinance is duly reco rded and available fo r inspect io n in t he
o fficial minut es and reco rds o f t he go verning bo dy o f t he Issuer, and agrees t hat t he t erms and
provisions of this Bond and the Ordinance constitute a contract between each registered owner hereof
and the Issuer.
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.
xxxxx xxxxx
City Secretary, City of College Station, Texas Mayor, City of College Station, Texas
(SEAL)
137
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE:
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the proceedings
ado pt ed by t he I ssuer as descr ibed in t he t ext o f t his Bo nd; and t hat t his Bo nd has been issued in
conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of
an issue which originally was approved by the Attorney General of the State of Texas and registered
by the Comptroller of Public Accounts of the State of Texas.
Dated:The Bank of New York Mellon Trust Company, N.A.,
Paying Agent/Registrar
By________________________________
Aut ho rized Represent at ive
138
FORM OF COMPTROLLER'S CERTIFICATE (ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF):
OFFICE OF COMPTROLLER :
REGISTER NO. __________
STATE OF TEXAS :
I hereby cert ify t hat t his Bo nd has been examined, cert ified as t o validit y, and appro ved by
the Attorney General of the State of Texas, 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 ___________________.
___________________________________
Comptroller of Public Accounts of
(SEAL) the State of Texas
NOT E :* t o acco mp any init ial Bo nd s o nly
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FORM OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto:
_____________________________________________________________
Please insert Social Security or Taxpayer Identification Number of Transferee
_____________________________________________________________
Please print or type name and address, including zip code of Transferee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints:
____________________________________, at t o rney, t o regist er t he t ransfer o f t he wit hin Bo nd
on the books kept for registration thereof, with full power of substitution in the premises.
Dated: __________________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an
eligible guarant o r inst it ut io n part icipat ing in a
securit ies transfer association recognized
signat ur e guar ant ee pr o gr am.
NOTICE: The signat ure abo ve must co rrespo nd
wit h t he name o f t he r e g ist e r e d o w ne r a s it
appears upon the front of this Bond in every
particular, without alteration or enlargement or
any change whatsoever.
The print er o f t he Bo nds is hereby aut ho rized t o print o n t he Bo nds (i) t he fo rm o f bo nd co unsel's
opinion relating to the Bonds, and (ii) an appropriate statement of insurance furnished by a municipal
bo nd insurance co mpany pro viding municipal bo nd insurance, if any, co vering all o r any part o f t he
Bonds.
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EXHIBIT B
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 14 of this Ordinance.
Annual Financial Statements and Operating Data
T he financial info r mat io n and o p er at ing d at a wit h r esp e c t t o t he Cit y t o be p r o vid e d a nnu a lly
in acco rdance wit h such Sect io n are as specified belo w (and included in t he Appendix o r under t he
headings of the Official Statement referred 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 through 14, and 20, and Appendix B.
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described
in the notes to the financial statements referred to in paragraph 1 described above, as such principles
may be changed fro m t ime t o t ime t o co mply wit h st at e law o r regulat io n.
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July 9, 2009
Regular Agenda Item No. 8
Exception to Policy for Sewer Service to Mr. Thomas and Ms. Palasota
To: Glenn Brown, City Manager
From: Dave Coleman, Director, Water Services Department
Agenda Caption: Presentation, possible action, and discussion to approve a resolution
providing an exception to Policy to allow Mr. Thomas and Ms. Palasota to construct sewer
infrastructure necessary to connect their homes to the City sewer system.
Recommendation: Staff recommends Council approve this resolution.
Summary: Mr. Thomas and Ms. Palasota have each requested the City provide sewer
service to their homes, which are located along Cheyenne Drive, which is in the area of
Wellborn Road and Capstone Drive. These are existing single family homes, and the sites
are not being developed. Their letters, with maps, are attached. Their homes are outside
the City’s current certificated area for sewer, but are within the City’s extra-territorial
jurisdiction (ETJ). The area is presently not certificated and the City has the legal right to
provide this sewer service. The home owners will bear all construction cost for
infrastructure to connect to the City system.
The Water Services Department has recently taken ownership of a sewer line in this
area, which is suitable and has adequate capacity for these homes to be connected. Both of
these home owners provided easements to the City for the sewer line to be constructed,
with the expectation that they would be allowed to tie onto the sewer line. Mr. Thomas
signed a non-annexation agreement for a portion of his property, to allow the City to annex
the property being developed, adjacent to his property. Neither Mr. Thomas nor Ms.
Palasota have plans to develop their properties, but if those plans change, then the City can
pursue annexation.
City Policy states that the City may provide sewer service outside the City limits or
the City’s sewer certificated area, only in certain situations. Since the City does not hold
the CCN for this area, an exception to Policy is required. Exceptions are allowed for three
cases, one of which is for health and safety reasons. The health and safety of all the area
residents are much better served by having these homes connected to the City sewer
system, rather than on-site sewage facilities that spray treated effluent. On this basis, staff
recommends approval of these requests for an exception to City Policy.
Budget & Financial Summary: City funds are not required.
Attachments:
Letters
Resolution
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143
144
145
146
147
148
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July 9, 2009
Regular Agenda Item No. 9
Appointment of citizens to various Boards and Committees
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding Council
selection of applicants to various Boards and Committees.
Cemetery Committee
Construction Board of Adjustments and Appeals
Historic Preservation Committee
Parks and Recreation Board
Planning and Zoning Commission
Zoning Board of Adjustments
Attachments:
Notebook of Citizen Committee applications provided prior to meeting.
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Council Appointed
Representatives
The following individuals are appointed by the City Council to represent the City
of College Station on joint committees with other governmental agencies and
community groups.
Arts Council of the Brazos Valley (College Station Representatives)
Tom Wilkinson Appointed 8/07 Reappointed till 10
John Happ Appointed 8/07 Reappointed till 10
Lynn McIlhaney Appointed 8/07 Reappointed 7/08
Audit Committee
Larry Stewart (Chair) Appointed 7/08
James Massey Appointed 7/08
Lynn McIlhaney (vacant) Appointed 7/08
Brazos County Health Department
Lynn McIlhaney (vacant) Appointed 6/06 Reappointed 7/08
Ben White Appointed 6/06 Reappointed 7/08
Brazos Valley Council of Governments Board of Directors
Mayor Ben White
B/CS Metropolitan Planning Organization
Mayor Ben White
BVSWMA Policy Advisory Board
Lynn McIlhaney vacant
Mayor Ben White
Comprehensive Plan Advisory Committee
Dennis Maloney Appointed 7/08
Larry Stewart (Alternate) Appointed 7/08
Convention and Visitors Bureau
Stephen Moore
Scott Shafer vacant
Dave Ruesink (Council Rep) Reappointed 7/08
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Council committee list Page 2
Intergovernmental Committee
James Massey (Chair) Appointed 8/07 Reappointed 7/08
Dave Ruesink Appointed 8/07 Reappointed 7/08
Larry Stewart Appointed 7/08
Research Valley Partnership
Ben White Appointed 7/08
Dave Ruesink (alternate) Appointed 7/08
Sister Cities Association
Dave Ruesink Appointed 8/06 Reappointed 7/08
Transportation Committee
Lynn McIlhaney (Chair) vacant Appointed 8/06 Reappointed 7/08
John Crompton Appointed 7/08
Dennis Maloney Appointed 7/08
MPO Linda LaSuit Created position 7/05
TTI Dennis Christianson Created position 7/05
BVCOG Michael Parker Created position 7/05
TxDot Bryan Woods Created position 7/05
Wolf Pen Creek Oversight Committee
Dennis Maloney Appointed 7/08
James Massey Appointed 7/08
Larry Stewart (Alternate) Appointed 7/08
City/CSISD Subcommittee
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