HomeMy WebLinkAbout06/26/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
James Massey
Dennis Maloney
Lynn McIlhaney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, June 26, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
Pledge of Allegiance, Invocation, Consider absence request.
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.
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.
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 on minutes for the City Council Workshop and
Regular Meeting, June 12, 2008.
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City Council Regular Meeting Page 2
Thursday, June 26, 2008
b. Presentation, possible action, and discussion regarding approval of a contract with Elert and
Associates for consulting services to assist in the engineering, analysis, and design of the ATM
Network Upgrade project in an amount not to exceed $57,433.00.
c. Presentation, possible action, and discussion regarding approval of a resolution declaring
intention to reimburse certain expenditures with proceeds from debt for the Municipal Court
Building Renovations project.
d. Presentation, possible action, and discussion on a change order to Contract #07-209 with Zachry
Associates, Inc. for increased travel expenses related to the production of a promotional DVD for
the Aggie Field of Honor development project.
e. Presentation, possible action, and discussion regarding the third and final reading of an ordinance
amending the current gas franchise with Atmos Energy Corporation to increase the franchise fee
from four percent (4%) to five percent (5%).
f. Presentation, possible action, and discussion on a Resolution of the City Council of College
Station, Texas, indicating support for the Mayor’s Council on Physical Fitness.
g. Presentation, possible action, and discussion regarding approval of a purchase order to DXI
Industries for the purchase of liquid chlorine for use in our public water supply. The amount of the
purchase order is $61,536.00.
h. Presentation, possible action, and discussion on a resolution approving a yearly renewal of a five
(5) year agreement for the lease of slant-top, front-end loading refuse containers. This is the second
renewal of this agreement.
i. Presentation, possible action, and discussion regarding approval of an annual price agreement
with Crafco Texas Inc. to provide crack sealant material and de-tack sealant material for the
maintenance of streets in an amount not to exceed $98,648.75.
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.
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City Council Regular Meeting Page 3
Thursday, June 26, 2008
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 concerning approval to advertise
the College Park/Breezy Heights Rehabilitation Project for construction bids.
2. Public hearing, presentation, possible action and discussion concerning approval to advertise
the Eagle Avenue Extension Project for construction bids.
3. Public hearing, presentation, possible action, and discussion approving ordinances vacating and
abandoning a 0.142 acre and a 0.155 acre of public utility easement, which is located on Lot 2C
of Horse Haven Estates Subdivision according to the plat recorded in Volume 8496, Page 146
of the Deed Records of Brazos County, Texas.
4. Public hearing, presentation, possible action, and discussion on consideration of an ordinance
amending Chapter 10, “Traffic Code,” to restrict parking on selected streets in the Sun
Meadows subdivision per a request from the Sun Meadows Home Owners Association.
5. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter
12 of the City of College Station Code of Ordinances, Unified Development Ordinance Section
7.9.B.6 (Traffic Impact Analysis), Section 7.9.H (Submittal Requirements) and adding Section
7.12 (Traffic Impact Analysis).
6. Presentation, possible action and discussion regarding the approval of an amendment to the
contract for consulting services (Contract #08-041) with Kendig Keast Collaborative for the
preparation of Phase II of a new Comprehensive Plan.
7. Presentation, possible action, and discussion regarding an exception to Policy to allow the Grey
Wolf Trail development to connect to the City sewer system.
8. Presentation, possible action, and discussion regarding approval of a resolution adopting an
interlocal agreement with the City of Bryan, City of Brenham, Brazos County, Washington
County, Texas A&M University, and Brazos Valley Council of Governments; designating the
Brazos Valley Council of Governments as the Managing Entity for the Brazos Valley Wide
Area Communications System (BVWACS).
9. Presentation, possible action, and discussion regarding approval of a resolution adopting an
interlocal agreement with the City of Bryan, City of Brenham, Brazos County, Washington
County, and Texas A&M University to provide for the construction, acquisition,
implementation, operation, and maintenance of the Brazos Valley Wide Area Communications
System (BVWACS).
10. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will
be held.
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City Council Regular Meeting Page 4
Thursday, June 26, 2008
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas
will be held on the Thursday, June 26, 2008 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 23rd day of June, 2008 at 2:30 pm.
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 June 23, 2008 at 2:30 pm and
remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the
following date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2008.
By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2008.
______________________________
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.
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June 26, 2008
Consent Agenda Item 2b
Network Upgrade Consultant Contract
To: Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval
of a contract with Elert and Associates for consulting services to assist in the
engineering, analysis, and design of the ATM Network Upgrade project in an amount
not to exceed $57,433.00
Recommendation(s): Staff recommends approval.
Summary: The ATM Network Upgrade project (Project CO 0522) replaces the city’s
obsolete Asynchronous Transfer Mode (ATM) network switches with a fault tolerant,
singlemode fiber based 10 Gigabit Ethernet backbone. This part of the project
includes consultant services to assist the city with engineering, analysis, and design
to replace and upgrade the ATM core network with a at the existing four main nodes.
The existing network equipment is obsolete, difficult to repair, and does not provide
the data throughput needed to effectively use current software applications and
conduct required operations in a timely mannner.
Budget & Financial Summary: Funding for this contract is included in the CIP
budget for project CO 0522. The total project budget is $453,172.
Attachments:
Contract is on file in the City Secretary’s Office
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June 26, 2008
Consent Agenda Item 2c
Reimbursement Resolution for Municipal Court Building Renovations
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt for
the Municipal Court Building Renovations project.
Recommendation(s): Staff recommends approval of the resolution declaring intention
to reimburse certain expenditures with proceeds from debt.
Summary: The Construction-Manager-at-Risk contract for the Municipal Court Building
Renovations project was approved by Council on May 22, 2008. On projects for which the
expenditures will occur prior to the debt issue, a resolution declaring intention to reimburse
certain expenditures with proceeds from debt must be adopted within 60 days of
expenditure on the project. A portion of the debt for this project ($1,750,000) has already
been issued. The balance of the debt ($250,000) in the form of Certificates of Obligation is
scheduled to be issued later this fiscal year. The resolution is typically adopted at the time
the contract is awarded, but was inadvertently left off of the agenda when the contract was
brought to Council in May.
Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is necessary for this item because a portion
of the long term debt has not been issued for the project. This debt is scheduled to be
issued later this fiscal year.
Attachments:
1. Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt
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June 26, 2008
Consent Agenda Item 2d
Change Order for Increased Travel Expenses Related
to the Production of a Promotional DVD for the Aggie Field of Honor
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion on a change order to Contract
#07-209 with Zachry Associates, Inc. for increased travel expenses related to the production of a
promotional DVD for the Aggie Field of Honor development project.
Recommendation(s): Staff recommends approval of the change order.
Summary: Contract #07-209 with Zachry Associates, Inc. was approved during the July 12,
2007 City Council meeting (Consent Agenda Item #2-A). The contract is for the development of
a comprehensive marketing plan for the new Memorial Cemetery of College Station and the Aggie
Field of Honor. In addition, the firm is to develop and deliver the identity of the project as well as
print, web, and video based graphics and verbiage to assist in the marketing of this facility.
In order to provide a broad range of appeal for the DVD, prominent Former Students from around
the state were asked to participate in providing testimonial information on the project. These
individuals and home addresses were not identified until after the contract had been awarded.
This change order request will fund the additional travel expenses to be incurred as needed to
visit with these individuals as a part of the DVD production.
Budget & Financial Summary: Contract #07-209 is a Professional Services (Consulting)
Contract, and according to City of College Station Purchasing Procedures any change orders,
regardless of amount, must be approved by the City Council. $75,000 is budgeted for advertising
in the General Government CIP Fund. Funds in the amount of $69,040 has been expended or
committed to date, leaving a balance of $5,960.
Original Contract Amount: $64,000.00
Change Order #1 Amount: $4,800.00
Net Percentage Increase: 7.5%
Attachments:
1) Change Order #1 – Zachry Expenses
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June 26, 2008
Consent Agenda Item 2e
Third and Final Reading Amending Atmos Franchise
to Include a Fee Increase
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding the third and final
reading of an ordinance amending the current gas franchise with Atmos Energy Corporation
to increase the franchise fee from four percent (4%) to five percent (5%).
Recommendation(s): Staff recommends approval of the ordinance.
Summary: Pursuant to the recent Settlement Agreement, at a city's request, Atmos will
approve the execution of or amendment to the city's franchise agreement to increase
franchise fee payments to the individual city. The agreement, which caps the increase at a
maximum of five (5) percent of gross revenues for gas sold within city limits, is effective for
franchise payments made on May 1, 2008 or the effective date of the amendment changing
the franchise agreement, whichever is later. The requested increase will be calculated on
gross revenue from the prior year or quarter, with the payment being made for the privilege
of gas operations during the current period.
This is the third of three required readings to approve the franchise fee increase. Three
readings are necessary since the increase changes the existing franchise agreement with
Atmos.
Budget & Financial Summary: A franchise fee increase of one percent (1%) is expected
to result in an increase to the average residential customer’s monthly bill by $0.50 to $0.60.
The expected addition in revenue to the City from this increase is approximately $85,000
annually.
Attachments:
1. Ordinance
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ORDINANCE NO. ______________
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE
CITY OF COLLEGE STATION AND ATMOS ENERGY CORPORATION TO
PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION;
AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Atmos Energy Corporation (“Company”) is engaged in the business of furnishing
and supplying gas to the general public in the City, including the transportation, delivery, sale,
and distribution of gas in, out of, and through the City for all purposes, and is using the public
streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a
franchise ordinance duly passed by the governing body of the City and duly accepted by
Company or its predecessor in interest; and
WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a
different consideration; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS: that
PART 1: The consideration payable by Company for the rights and privileges granted to
Company by the franchise ordinance duly passed by the governing body of this
City and accepted by Company or its predecessor in interest is hereby changed to
be five percent (5%) of the Gross Revenues, as defined in the franchise ordinance.
PART 2: Franchise payments shall be made on the dates prescribed in the existing franchise
and shall be for the rights and privileges as set forth in the existing franchise.
PART 3: This ordinance shall take effect on May 1, 2008. Company shall, within thirty
(30) days from the receipt of this ordinance, file its written acceptance of this
ordinance with the Office of the City Secretary in substantially the following
form:
To the Honorable Mayor and City Council:
Atmos Energy Corporation, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the ____ day of
________________, 2008, Ordinance No. __________ amending the
current gas franchise between the City of College Station and Atmos
Energy Corporation.
Atmos Energy Corporation
By ________________________________
Vice President, Mid-Tex Division
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ORDINANCE NO. ___________________ Page 2
PART 4: In all respects, except as specifically and expressly amended by this ordinance,
the existing franchise ordinance heretofore duly passed by the governing body of
the City shall remain in full force and effect.
PART 5: The City shall provide a copy of this Ordinance to Mr. David Park, VP of Rates
and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway, Suite 1800,
Dallas, Texas 75240, no later than ten (10) business days after its final passage
and approval.
PART 6: It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice
of the time, place and purpose of said meeting was given as required.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, this the 22nd day of May, 2008, at which meeting a quorum was present and
voting.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
E-Signed by Harvey Cargill
VERIFY authenticity with ApproveIt
______________________________
City Attorney
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ORDINANCE NO. ___________________ Page 3
First Consideration and Approval: ______________________________
Second Consideration and Approval: ______________________________
Third Consideration and Approval: ______________________________
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June 26, 2008
Consent Agenda Item 2f
A Resolution Indicating Support of the Mayor’s Council on Physical Fitness
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion on a Resolution of the City
Council of College Station, Texas, indicating support for the Mayor’s Council on Physical
Fitness.
Recommendation(s): Staff recommends approval of the Resolution.
Summary: In March of 2007, a grant proposal was submitted to the Governor’s Advisory
Council on Physical Fitness for the establishment of a Mayor’s Council on Physical Fitness
(MCPF). This was a seed money grant with no City matching funds required. The City
received notification the last week of April that the City had been awarded a grant. A
contract for the grant in the amount of $23,280 was routed signed and returned to Texas
Department of State Health Services.
As part of the contract requirements, a Mayor’s Council on Physical Fitness must be
established prior to June 30, 2008. The grant proposal indicated that the MCPF would
consist of 15 members. The proposal continued on to define certain areas from which
members would be selected. These areas include the fitness industry, medical community,
nutrition, College Station Independent School District, and several departments from Texas
A&M. Staff is actively soliciting membership for the initial MCPF. Upon completion of the
initial term, members will be appointed through the normal committee appointment
process.
The initial charge of the MCPF will be to complete an assessment of available fitness
opportunities open to the public. The grant proposal indicates an initial focus on walking
and biking as these are activities that most citizens can participate in without an excessive
cost. The second step will to develop a work plan for a campaign to advise citizens of the
exercise opportunities available to them as well as the benefits. The draft work plan is due
September 1, 2008 with a final form due September 30, 2008. There will be the
opportunity for a follow on grant for implementation of the work plan, at a later date.
Follow on projects may include advising the Mayor and City Council on issues relating to
physical fitness, health, nutrition, education and exercise; working with the community to
increase opportunities for physical activity; and developing an annual work plan to
recommend strategies encouraging good nutrition and physical fitness for all residents
Budget & Financial Summary: This is a reimbursement grant not to exceed $23,280.
There is no City match required. Funds have been identified in the Recreation Division 2008
General Fund Budget to cover the initial costs.
Attachments:
1) Resolution No._____
2) Mayor’s Council on Physical Fitness Grant Proposal
3) Initial Council Membership Roster
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RESOLUTION NO.__________________
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, INDICATING
SUPPORT OF THE MAYORS’ COUNCIL ON PHYSICAL FITNESS.
WHEREAS, the health and welfare of its citizens is a vital concern of the City; and
WHEREAS, statistical indicators at the Texas Department of Health reflect an increase in the
prevalence of obesity since 1990; and
WHEREAS, regular activity has been shown to reduce the risk for developing or dying from
coronary heart disease, Type 2 diabetes, hypertension and colon cancer; reduces symptoms of
anxiety and depression; contributes to the development and maintenance of healthier bones,
muscles and joints; and helps control weight; and
WHEREAS, according to the United States Surgeon General, physical activity may also help
older adults maintain the ability to live independently and help prevent injury; and
WHEREAS, the increased focus by the City on the need for physical activity and proper
nutrition will help the citizens of College Station improve their health and long-term well being;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF COLLEGE STATION, TEXAS:
PART 1: That the City of College Station supports the Mayors’ Council on Physical Fitness
in its efforts to improve the health and wellness of its citizens.
PART 2: That the duties and responsibilities of the Council on Physical Fitness shall
include:
(a) advise the Mayor on matters relating to physical fitness, health, nutrition,
education and exercise,
(b) complement and encourage community efforts to increase opportunities for
physical activity, and
(c) develop an annual work plan to recommend strategies encouraging good
nutrition and physical fitness.
PART 3: That the Council on Physical Fitness shall consist of fifteen (15) members. The
initial appointments shall be made by the Mayor with future appointments made
by the City Council. Terms shall be for a period of two years. Members shall
serve until their replacement has been named.
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RESOLUTION NO. ____________________ Page 2
Eight members of the original Council on Physical Fitness shall serve a period of
two years and seven members of the original council shall serve for one year.
Members may be reappointed.
The membership should reflect the various interests related to health and wellness
such as, business, healthcare, nutrition, and education.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this ______________day of ______________________, 2008.
ATTEST: APPROVED:
______________________________ ___________________________________
City Secretary Mayor
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ______________________________
City Attorney
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Sandstone Shenandoah Southeast Community Southwest Southwood Woodcreek Jack & Dorothy Miller Lemontree
Lick Creek Lions Longmire Luther Jones Merry Oaks Oaks Parkway Pebble Creek Raintree Sandstone
Shenan
MAYOR’S COUNCIL
ON
PHYSICAL FITNESS
GRANT PROPOSAL
SUBMITTED TO
THE GOVERNOR’S ADVISORY
COUNCIL ON PHYSICAL FITNESS
19
",CITY OF COLLEGE STATION
Office of the Mayor
Governor's Advisory Council on Physical Fitness
c/o Brandon LeBlanc
P.O.Box 12428
Austin,TX 78701
The City of College Station is proud to submit this proposal for the Mayors'Physical
Fitness Grant Program.The City of College Station has a long history of providing
opportunities for our citizens to participate in physical activities.Whether it is in one of
our 46 developed parks or one of our many youth and adult athletic leagues,our citizens
enjoy some of the finest parks and activities any where.
Our commitment doesn't stop with our Nationally Accredited Parks and Recreation
Department either.The City has established many miles of Bike lanes throughout the
City,as well as many many miles of sidewalks in our neighborhoods and around our
schools.Additionally,the City coordinates with multiple organizations to provide
additional athletic leagues and events as well as numerous 5k and 10k runs,plus one half
marathon within College Station.
Finally,the City is home to seven private fitness clubs and several independent fitness
trainers,some of whom utilize the City's parks for their activities.
My office looks forward to developing a Council on Physical Fitness that will allow us to
interact to an even greater degree with our health and fitness community to develop
opportunities for,and an understanding of,the benefits of a healthy lifestyle for our
citizens.
Ben White,Mayor
City of College Station
P.O.BOX 9%0 ·1101 TEXAS AVENUE
COLLEGE STATION •TEXAS·77842
979.764.3541
20
Table of Contents
A. Contact Person Information ……………………………………………………...…2
B. Administrative Information………………………………………………………….2
C. Respondent Background……..………………………………………………………2
D. Work Plan……………………………………………………………………………..3
Part I Staffing for Mayor’s Council from within the Mayor’s Office ……..3
Part II Appointment of Mayor’s Council……………………… ……………..4
Part III Community Resource Assessment….…………………………………4
E. Budget………………………………………………………………………………… 6
21
A. Contact Person Information
The City’s Contact for this proposal is
Peter Lamont, CPRP, Recreation Superintendent
College Station Parks and Recreation Department
P.O. Box 9960
1000 Krenek Tap Rd.
College Station, TX 77840
979-764-3731 (w)
979-764-3737 (f)
plamont@cstx.gov
B. Administrative Information
The City’s Authorized Agent for the signature of grant documents is
Glenn Brown, City Manager
City of College Station
P.O. Box 9960
1101 Texas Ave.
College Station, TX 77840
979-764-3511 (w)
979-764-6377 (f)
gbrown@cstx.gov
C. Respondent Background
The City of College Station is a Municipal Home Rule City that was incorporated in 1938
and currently has an estimated population of 87,105 The City is also home to Texas
A&M University, the states first public institution of higher learning. Early on the City
recognized the value of Parks and Recreation opportunities for its citizens with the first
Parks Board being established in 1939 and the first Recreation Board being established in
1953.
This early recognition of the importance of these opportunities has grown to a park
system with 46 developed parks. Of these 26 include some form of measured walking
jogging trail and 4 include exercise stations. The most recent addition to this system is
the Wolf Pen Creek Trails corridor which includes 2.2 mile of walking/biking trail.
In addition to the parks system the City has committed to developing a bikeable
community. The City currently has 98 miles of bike lanes, paths and routes along City
streets and has been recognized as a Bicycle Friendly Community by the League of
American Bicyclists for its work in providing bike lanes. The City currently has a
Bicycle and Pedestrian Master Plan, an update of which was completed in 2002. This
document is used, in conjunction with the City’s Comprehensive Plan, Recreation Park
2
22
and Open Space Master Plan and the City’s transportation plan to develop new Hike and
Bike Opportunities throughout the City.
The City’s Parks and Recreation Department, who will be the lead agency for this grant
currently operates over fifty separate leisure programs works with approximately 130
outside agencies to provide facilities and opportunities for our Citizens. As part of their
recently proposed Strategic Business Plan, the Parks and Recreation Department has
included moving forward with the National Parks and Recreation Associations “Step Up
To Health” Initiative to promote healthy opportunities.
The City has also recently partnered with the Brazos Valley Obesity Prevention Network.
This is a network of health and fitness related organization in the Brazos Valley to
address obesity and obesity related illness. It was organized by the Texas A&M
University System Health Science Center School of Rural Public Health, in response to
the 2006 Brazos Valley Health Status Assessment. This assessment showed that 65% of
the Brazos County respondents self reported as being overweight or obese. At the same
time less than 50% met the national guidelines for physical activity (defined as being
active at a moderate level for 30 minutes an day/5 days a week or active at a vigorous
level for 20 minutes/at least 3 times a week.) It is through partnerships with
organizations like these that City of College Station has worked to be a leader in our
community in providing opportunities for a healthy lifestyle.
D. Work Plan Narrative
Part I - Staffing for the Mayors’ Council from within the Mayors office
The Mayor of College Station does not have an office staff in the traditional sense. There
is one staff member within the City Secretary’s Office who works part time in the
organization of the Mayor’s scheduling and correspondence. This individual will be
available to assist the Mayor’s Council with scheduling meetings and coordination of
schedules.
Of greater impact is the commitment of many of the City Departments to this effort. The
Parks and Recreation Department, Planning and Development, Public Works and the
Public Communications Office will all appoint a liaison to the Mayor’s Council on
Physical Fitness. These individuals will be available to answer questions, assist in
planning and conduct research in their various areas of expertise for the Mayor’s Council.
Additionally, the City Managers office has committed to giving his Management
Assistant time and direction to assist with this endeavor. Therefore, though the Mayor
does not have a large staff to draw from, he does have a strong base of support from the
City organization.
3
23
Part II - Appointment of the Mayor’s Council.
The Mayor’s Council on Physical Fitness will consist of 15 members representing a wide
variety of the College Stations health and fitness community. The Mayors’ Council will
be appointed with 30 days of notification of the grant award. The first meeting of the
Mayors’ Council is anticipated to be within one week of appointment.
The Mayor’s Physical Fitness Council (MPFC) will consist of a chair person appointed
by the mayor, fourteen additional members from the community as well as five non-
voting members representing the Mayor’s Office, Parks and Recreation, Planning and
Development, Public Works and the Public Communications Departments. The MPFC
will be responsible for implementation and oversight of the Community Assessment, to
be discussed later, and in conjunction with the Mayor’s office and City staff, the
development of a work plan to address fitness programs and information campaigns to
fulfill needs identified in the assessment.
The Mayor will invite representatives from the local medical community, nutritionists,
the Texas A&M University Health Science Center School of Rural Public Health, The
Brazos Valley Obesity Prevention Network to serve on the MPFC. He will also invite
members representing the College Station Independent School District, private fitness
facilities, private fitness trainers, and professors or researchers from the Departments of
Recreation, Parks and Tourism Sciences and Kinesiology at Texas A&M University. It is
believed that the knowledge, resources and partnerships these organizations can bring to
the MPFC will generate a synergy that will produce a plan with many positive outcomes
for the City of College Station, as well as a framework for the collaborative efforts
required to fulfill the plan.
Part III - Community Resource Assessment
Central to any effort by the Mayor’s Physical Fitness Council will be an assessment of
currently available resources. These resources may take the form of facilities, either
parks, bike lanes, walking trails, side walks or any other public or private facility. It will
also look at programs operated either by public or private entities within College Station
and media efforts designed to inform the public of not only the opportunities, but also the
benefits of physical fitness. Equally as important, the Community Assessment will be
able to show gaps in facilities, programs and services.
The Community Resource Assessment will be conducted in a variety of ways. First,
since walking is an exercise method that most of the population can engage in, a
walkability survey, based on the Walkability Checklist developed by the U.S. Department
of Transportation will be used. MPFC Members will be asked to walk the neighborhoods
around their homes and business to evaluate their walkability. Part-time staff and
volunteers will be recruited to complete surveys, focusing on neighborhoods surrounding
parks and schools. These areas are specifically targeted in an effort to encourage parents
4
24
and children to walk together as part of a family activity, as well as introducing young
children to a healthy habit.
The next step will be to evaluate the bikeability of the community. Biking can also be a
low cost means of both transportation and exercise to much of the College Station
community. A bikeability survey, based again on a checklist developed by the U. S.
Department of Transportation will be utilized. The Mayor’s Council, along with part
time staff and volunteers from the local biking community will be asked to follow
existing bike lanes, path and trails to complete the evaluation. Additionally, the current
Bicycle and Pedestrian Master Plan will be reviewed with the appropriate City
Departments and Boards so additional recommendations can be made.
Concurrent with the Walkability and Bikeability surveys, staff will conduct a survey of
both public and private exercise classes, facilities and opportunities. This survey will
focus on the type of activity offered (team, individual, competitive, recreational, sport or
non-sport) as well as the target age group and cost. This will allow the Mayor’s Council
to identify gaps in the fitness continuum from early childhood through senior citizen.
The last piece of the assessment will be an evaluation by the Parks and Recreation
Department of existing and potential public use exercise facilities. The City currently has
twenty-six parks with measured walking paths. Of these, four have some type of fitness
equipment located along the paths. The Department’s survey will focus first on the
condition of the existing equipment followed by an evaluation of walking/jogging paths
that would be suitable for exercise equipment.
Upon completion of all these steps the information will be collated and distributed to the
Mayor’s Council. Upon analysis, it is believed that the Mayor’s Council will have a
good understanding of the facilities, programs and resources available to the public.
With this understanding, a work plan can be developed, with cost estimates that will
allow the MPFC to assist the City and its community partners to develop and oversee
ongoing fitness programs and annual fitness campaigns designed to meet the needs of the
community.
5
25
E. Budget
Staffing:
Data Collection: $15,000 Salaries
$ 1,674 Benefits
Data Analysis: $3,000 – contractual payments to Graduate Students at Texas
A&M
Supplies:
Office Supplies: $ 500
Services:
Copying: $500
Surveys, checklists, drafts,
Printing: $1,000
Final Work Plan suitable for submission and distribution
Travel:
Visit Round Rock Mayor’s Council on Fitness $1,000
Charter Bus and Meals
Total: $22,674
6
26
Mayor’s Council On Physical Fitness
Membership Roster
1) Brazos County Obesity Prevention Network – Ms. Kerrie Hora
2) College Station Independent School District – Ms. Ann Williams
3) College Station Medical Center – Mr. Thomas Jackson
4) St. Joseph Regional Health Center – Mr. Jon Turton
5) TAMU Department of Recreation Parks and Tourism Sciences – Dr. Garry Ellis
6) Aerofit Health Club – Mr. Larry Isham
7) Gold’s Gym – Awaiting Confirmation
8) Aggieland Fitness Dome – Ms. Jill Handy
9) Scott & White Health Care – Dr. Maggie Bailey
10) TAMU Department of Kinesology - Awaiting Confirmation
11) TAMU School of Rural Public Health –Dr. Diane Dowdy
12) Nutrition Representative – Awaiting Confirmation
13) Private Fitness Trainer –Antonio Gibson
14) Private Fitness Trainer – Laurie Preacher
15) Private Fitness Trainer – Awaiting Confirmation
27
June 26, 2008
Consent Agenda Item 2g
Chlorine Purchase
To: Glenn Brown, City Manager
From: David Coleman, Director, Water Services Department
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
purchase order to DXI Industries for the purchase of liquid chlorine for use in our public
water supply. The amount of the purchase order is $61,536.00.
Recommendation: Staff recommends approval of this purchase order.
Summary: Chlorine is added to our public water supply to ensure disinfection and meet
Texas Commission on Environmental Quality (TCEQ) requirements. Due to our inter-local
purchasing agreement with the City of Bryan, we were able to piggyback on their bid 08-
105. Given the present economic climate, staff considers the low bid of $512.80 per one
ton cylinder to be very favorable to the City of College Station.
Budget & Financial Summary: The cost of this contract is $61,536.00. Water operating
funds are budgeted and available for this item.
Attachment:
Bid Tab
28
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29
June 26, 2008
Consent Agenda Item 2h
Texas Commercial Waste Container Lease Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on a resolution approving a
yearly renewal of a five (5) year agreement for the lease of slant-top, front-end loading
refuse containers. This is the second renewal of this agreement.
Recommendation(s): Staff recommends approval of the renewal agreement with Texas
Commercial Waste for an annual estimated expenditure of $175,140.00.
Summary: BID #06-62 was opened on April 4, 2006 @2:00 P.M. Two (2) bids were
received and opened. Texas Commercial Waste was the lowest responsible bidder. The
monthly lease rate for 8 yard containers as bid is $15.00 per month and the rate for 4 yard
containers is $7.50 per month. The price includes delivery, storage of inventory and
maintenance of the containers.
The number of commercial leased containers has increased from 868 8 yard containers in
2007 to 898 8 yard containers in 2008. The number of 4 yard containers remains the same
at 150. The lease is for a five year period in order for the vendor to amortize the capital
costs of the containers, thus reducing lease costs.
Staff has reviewed the possibility of city ownership and maintenance, but feels it is not cost
effective due to onetime costs, ongoing costs, and inadequate available storage and
maintenance space. The lease arrangement is preferable to the cost of the city purchasing
and maintaining new containers. It is estimated that the City would pay $965.00 to
purchase individual 8 yard containers and $659.00 for 4 yard containers. The one time cost
to purchase these containers would be approximately $965,420.00. Additional costs would
include a fulltime painter and welder at an estimated cost of $62,000.00, paint and repair
bay building at approximately $10,000.00, and finally, equipment, materials, maintenance,
and 5 percent yearly replacement costs are estimated at $102,580.00.
The lease agreement was approved by council on May 25, 2006. (Contract No. 06-165)
Budget & Financial Summary: The Lease Agreement is effective July 2008, and funds are
budgeted in the Sanitation Fund, Commercial Collection Division.
Attachments:
1. Renewal Agreement.
30
31
32
June 26, 2008
Consent Agenda Item 2i
Annual Price Agreement for Crack Sealant and De-tack Sealant Material
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding approval of an
annual price agreement with Crafco Texas Inc. to provide crack sealant material and de-
tack sealant material for the maintenance of streets in an amount not to exceed
$98,648.75.
Recommendation(s): Staff recommends approval.
Summary: Crafco Texas Inc. provided the only acceptable bid of two competitive bids to
provide crack sealant and de-tack sealant material for the maintenance of streets in the
City. The bid amount from Deery American Corporation was only guaranteed for 90 days.
The bid required annual pricing. The recommended bid amount from Crafco Texas Inc. is
$98,648.75, an increase from last year’s agreement of $58,401.75. The annual price
agreement supports maintenance operations in the Street Maintenance Division.
Budget & Financial Summary: Funding is available in the operating budget of the
Street Maintenance Division. The recommended bid is a 40% increase from last year’s
price. This is related to the volatility in the petroleum products market.
Attachments:
1. Tabulation of Bid No. 08-69
33
PUBLIC WORKS - STREETS
Item Description #1: Crack Sealant, Polyflex II
Vendor Company Quantity Unit Price UOM Subtotal
Deery American Corporation 200000 $0.379 lb $56,000.00
Crafco Texas Inc 200000 $0.480 lb $64,400.00
Item Description #2: Detack Sealant
Vendor Company Quantity Unit Price UOM Subtotal
Deery American Corporation 325 $8.50 gal $2,401.75
Crafco Texas Inc 325 $8.15 gal $2,681.25
Vendor Company
Deery American Corporation**$78,562.50
Crafco Texas Inc $98,648.75
Deery American Corporation's Bid in non-responsive-only guaranteed pricing for 90 days
GRAND TOTAL
GRAND TOTAL
TABULATION FOR ANNUAL STREET SEALANT MATERIALS, BID #08-69
6/4/2008
34
June 26, 2008
Regular Agenda Item 1
College Park/Breezy Heights Rehabilitation Project
Final Design Presentation
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Improvement Department
Agenda Caption: Public Hearing, presentation, possible action and discussion concerning
Approval to advertise the College Park/Breezy Heights Rehabilitation Project for construction
bids.
Recommendation(s): Staff recommends approval of this design.
Summary: The College Park/Breezy Heights Rehabilitation Project provides for the
construction and rehabilitation of water, waster water, drainage and street surface
infrastructure in the Southside area of College Station. The project area is bounded by
George Bush Drive, West Dexter, Hereford St, Holleman Dr., Fairview Ave, Eleanor St, and
Montclair Ave
Budget & Financial Summary: The streets portion of the project is funded through
Certificates of Obligation. The water and waste water portions of the project are funded
through Utility Revenue Bonds. The drainage portion of the project is funded through
drainage utility funds. The current project budget is $5,930,000; however, approximately
$80,000 of this budget will be transferred to the West Park Rehabilitation project to cover
overages in that project. Funds in the amount of $517,715.16 have been expended or
committed to date on the College Park/Breezy Heights Rehabilitation project, leaving an
estimated balance of $5,332,284.84 for construction and related expenses.
Attachments:
1.) Project Location Map
35
36
June 26, 2008
Regular Agenda Item 2
Eagle Avenue Extension Project
Final Design Presentation
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Improvement Department
Agenda Caption: Public Hearing, presentation, possible action and discussion concerning
Approval to advertise Eagle Avenue Extension Project for construction bids.
Recommendation(s): Staff recommends approval of this design.
Summary: On February 14, 2008, staff delivered a presentation to Council describing the
need for the extension of Eagle Avenue from Victoria Avenue to Alexandria Drive, and
presented funding options. Council directed staff to proceed with the option that consists of
the developer donating the right-of-way and completing the design, and the City taking
responsibility for the construction of the project. On May 22, 2008, Council approved the
developer agreement between the City and Phi-ton Investments.
The developer is nearly complete with the design, and is ready to deliver the design
documents to the City so we can proceed with construction.
Budget & Financial Summary: The project is funded through the Streets Capital Fund.
The estimated cost for construction of the roadway extension is approximately $800,000.00.
Attachments:
1.) Project Location Map
37
38
June 26, 2008
Regular Agenda Item 3
2691 Horse Haven Lane –Public Utility Easement Abandonment
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
ordinances vacating and abandoning a 0.142 acre and a 0.155 acre of public utility
easement, which is located on Lot 2C of Horse Haven Estates Subdivision according to the
plat recorded in Volume 8496, Page 146 of the Deed Records of Brazos County, Texas.
Recommendation(s): Staff recommends approval of the two ordinances.
Summary: This easement abandonment accommodates the development of this subject
tract as Horse Haven Phase 4 Subdivision. A public electric line was relocated out of the
subject easement. There are currently no public or private utilities in the subject portion of
easement to be abandoned.
The portion of the 20 foot wide public easement to be abandoned is a 0.142 acre (6172 Sq.
Ft.) and the portion of the 10 foot wide public easement to be abandoned is a 0.155 acre
(6755 Sq. Ft.) is located on Lot 2C of Horse Haven Estates Subdivision according to the plat
recorded in Volume 8496, Page 146 of the Deed Records of Brazos County, Texas.
Budget & Financial Summary: N/A
Attachments:
1. Vicinity Map
2. Ordinance 0.142 acre abandonment
3. Ordinance Exhibit "A" 0.142 acre abandonment
4. Ordinance 0.155 acre abandonment
5. Ordinance Exhibit "A" 0.155 acre abandonment
6. Application for Abandonment (On file with the City Secretary)
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C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\.142 abandonment ordinance .doc
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.142 ACRES (6172 SQUARE FOOT)
PORTION OF THE TWENTY FOOT (20’) WIDTH PUBLIC UTILITY EASEMENT,
SAID PORTION LYING ALONG LOT 2C, OF THE HORSE HAVEN ESTATES
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8496,
PAGE 146 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of the Twenty Foot (20’) Width Public Utility
Easement, said portion lying along Lot 2C, of the Horse Haven Estates Subdivision,
according to the plat recorded in Volume 8496, Page 146, of the Official Records of
Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion
hereinafter referred to as the “Easement”); and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
1. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated
by the City.
41
ORDINANCE NO. __________________ Page 2
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PASSED, ADOPTED and APPROVED this _______ day of _________________, 2008.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ______________________________
City Attorney
42
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C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\0.155 ac abandonment ordinance .doc
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.155 ACRES (6755 SQUARE FOOT)
PORTION OF THE TEN FOOT (10’) WIDTH PUBLIC UTILITY EASEMENT, SAID
PORTION LYING ALONG LOT 2C, OF THE HORSE HAVEN ESTATES
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 8496,
PAGE 146 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of the Ten Foot (10’) Width Public Utility
Easement, said portion lying along Lot 2C, of the Horse Haven Estates Subdivision,
according to the plat recorded in Volume 8496, Page 146, of the Official Records of
Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion
hereinafter referred to as the “Easement”); and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
1. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated
by the City.
45
ORDINANCE NO. __________________ Page 2
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PASSED, ADOPTED and APPROVED this _______ day of _________________, 2008.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ______________________________
City Attorney
46
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48
June 26, 2008
Regular Agenda Item 4
Sun Meadows Parking Restrictions
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on consideration of an
ordinance amending Chapter 10, “Traffic Code,” to restrict parking on selected streets in the
Sun Meadows subdivision per a request from the Sun Meadows Home Owners Association.
Recommendation(s): Staff does not object to the approval of the ordinance
amendment.
Summary: City staff was approached by representatives from the Sun Meadows Home
Owners Association (HOA) about removing parking on certain streets within the subdivision
The HOA was concerned that some of the on-street parking would impact emergency
vehicle access as well as access for others. After the HOA voted in favor of the parking
restriction, a representative contacted the city to request that parking be removed from one
side of Bougainvillea, Orchid, and Gardenia streets. Per the current practice, the proposed
parking is being removed from the fire hydrant side of the street. The ordinance represents
a parking removal plan developed and approved by the HOA for the betterment of the
subdivision.
This item will amend Chapter 10, “Traffic Code,” by restricting parking on the identified
streets in the Sun Meadows subdivision.
Budget & Financial Summary: The “No Parking” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Location Map
2. Ordinance
49
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O/group/legal/ordinance/amendmentform.doc
Rev. 2/07
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
SECTION 4E “NO PARKING” TO INCLUDE PROHIBITING PARKING ON THE
DESIGNATED SIDE OF BOUGAINVILLIA, ORCHID, AND GARDENIA STREETS;
PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 10, “Traffic Code”, of the Code of Ordinances of the City of College
Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a
part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed liable for a civil offense and/or guilty of a Class C misdemeanor,
and, upon a finding of liability thereof, shall be punished by a civil penalty of not
less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), or
upon conviction thereof, shall be punished by a fine of not less than Twenty-five
Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance
becomes effective ten (10) days after date of passage by the City Council, as
provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2008.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
51
ORDINANCE NO.__________________ Page 2
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Rev. 2/07
EXHIBIT “A”
That the Traffic Control Device Inventory - Schedule XII as referenced in Chapter 10, “Traffic
Code”, Section 4, “Administrative Adjudication of Parking Violations,” Sub-section E is hereby
amended to include the following:
“Bougainvillea Street – NO PARKING on the south side of Bougainvillea Street.
Gardenia Street – NO PARKING on the south side of Gardenia Street.
Orchid Street – NO PARKING on the north side of Orchid Street.”
52
June 26, 2008
Regular Agenda Item 5
UDO Amendment, Section 7.9.B.6 (Traffic Impact Analysis), Section 7.9.H
(Submittal Requirements) and adding Section 7.12 (Traffic Impact Analysis)
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending Chapter 12 of the City of College Station Code of Ordinances,
Unified Development Ordinance Section 7.9.B.6 (Traffic Impact Analysis), Section
7.9.H (Submittal Requirements) and adding Section 7.12 (Traffic Impact Analysis)
Recommendation(s): The Planning & Zoning Commission heard this item at their
meeting on February 12, 2008 and voted 5-2 to recommend approval with the
condition of a reduction of the threshold requiring TIA’s for areas designated as
“Redevelopment” on the Land Use Plan in the Comprehensive Plan and with the
recommendation that staff conduct one additional meeting with interested parties
prior to the Council decision. The revision regarding redevelopment areas was made
and the meeting was conducted on February 25th. Staff recommended approval of
the ordinance as presented. At their February 28th meeting the Council returned the
item to the Planning & Zoning Commission for further consideration. At their meting
in May, the Council requested that this item be returned for their consideration. The
P&Z Commission will consider the proposed Ordinance once again at their June 19th
meeting.
Summary: Traffic Impact Analyses are currently required as a portion of the non-
residential architectural standards for projects meeting specific thresholds. At their
meetings in June and August, 2007, the City Council directed staff to broaden the
applicability and standards of the TIA. Specifically, Council requested that staff
prepare regulations that:
1. apply to all rezoning requests that are projected to generate at least 250
vehicle trips in the peak hour.
2. apply to all site plan requests that are projected to generate at least 250
vehicle trips in the peak hour.
3. require evaluation of specific impact on near-by residential streets.
Staff has prepared draft language for the Council’s consideration. Specifically, staff
has proposed the elimination of Sections 7.9.B.6 and 7.9.H.1.h of the UDO and
replacement with the new section 7.12 (attached).
The proposal identifies the applicability to all rezoning and site plan proposals
projected to exceed 250 vehicle trips in the peak hour. The proposal establishes the
trip generation rates that shall be used for rezoning requests, identifies what is
required to be included in the TIA, specifies how the TIA will be analyzed, and how
traffic impacts are to be mitigated.
Budget & Financial Summary: N/A
Attachments:
1. Red-Lined Version of current UDO section
2. Ordinance
53
3. P&Z Draft Minutes
54
1. Traffic Impact Analysis
This section establishes requirements and procedures pertaining to traffic
impact analysis (TIA) for non-residential developments. These requirements
are intended to inform the applicant of the City's expectations, expedite the
City staff's review process of TIA reports, provide standard criteria for
evaluating development proposals, and establish equitable mitigation and
cost sharing policies.
The TIA is intended to develop public/private partnerships to coordinate
land use and transportation facility development. Both the City of College
Station and the land developer share in the responsibility to consider all
reasonable solutions to identified transportation problems.
a. Purpose
This process is done simultaneously with the submittal of a site plan.
The goal of this study is to look at a specific development of known
size and use and to determine the effect of that use on the existing
roadway system. It uses existing traffic volumes and assumes the
existing roadway configuration to be used for analysis. This process
should ensure that the roadway system is adequate to accommodate
the proposed use and may recommend mitigation measures necessary
to ensure efficient traffic flow around the proposed site (as based on
intersection and roadway levels of service).
b. Objective
A TIA is intended to define the immediate impacts of the proposed
development and any necessary transportation improvements (public
or private) required to ensure a satisfactory level of service on all
affected thoroughfares. A TIA is designed to mitigate traffic impacts by
optimizing roadway capacity, access design, and traffic control. A TIA
may not be used to deny development permitted by zoning, nor shall it
be used to modify road design contrary to the Comprehensive Plan.
Specific improvements to the existing roadways consistent with the
Thoroughfare Plan may be needed to gain approval of site plan
proposals.
c. Definitions
1) Trip Generation Rates - The City's criteria for trip generation
for various categories of land use and density shall be those set
forth in the latest edition of the trip generation informational
report published by the Institute of Transportation Engineers
(ITE) unless the proposed use does not have a corresponding
rate in the Trip Generation Manual. Alternate trip generation
rates shall not be accepted but shall instead be adopted for City-
wide use on the basis of a general study of local conditions.
2) Design Year - The design year is the point in time upon which
assumptions pertaining to land use, population, employment,
and transportation facilities are based. All TIAs shall use a design
year based on the expected date of project occupancy.
3) Base Volumes - Base volumes shall be based on current traffic
counts adjusted to the expected date of project occupancy.
When available, all base data shall be supplied by the City Traffic
Engineer. In all cases when ground counts are needed and are
not available, the developer or his agent shall be required to
collect such data.
4) Level of Service (LOS) - Level of service is a measure of the
level of congestion experienced on roadways. The desirable
55
minimum level of service of the City of College Station is Level of
Service D in the peak hour. Level of service shall be measured of
both link and intersection operations.
d. Applicability
A TIA will be required for non-residential site plans submitted for
approval that generate 5,000 trips or more per day. A TIA may be
required for non-residential site plans submitted for approval that
generate less that 5,000 trips per day, where the peaking
characteristics could have a detrimental impact on the transportation
system as determined by the Administrator or his designee.
All TIAs shall be performed by a consultant qualified to perform such
studies. Requirements for mitigating negative traffic impacts shall
apply to all cases. In certain cases, due to project phasing, a TIA
might be required with a concept plan submittal.
It is the responsibility of the applicant to demonstrate that a TIA is not
required for a non-residential site plan application, as defined in
Section 3.5. In cases where a TIA is required, the site plan application
will be considered incomplete until the TIA is submitted.
e. Methodology
A pre-submission consultation with the Administrator or his designee is
required. Details of the required analysis and the study area will be
determined at this meeting. In certain instances, traffic from other
approved but not built developments may have to be accounted for in
traffic assignments. Staff may also require specific assumptions such
as percent trucks be altered to match local conditions. Peak hour
analysis might be directed to reflect the peak 15 minutes for certain
types of land uses. All of these types of issues will be addressed at the
pre-submission consultation.
f. The following procedures shall be followed in preparing traffic impact
studies submitted to the City:
Content:
1) Study Area - A map(s) shall be included delineating the TIA
study area and all existing and planned streets therein. The
study area will be defined in the pre-submission consultation
meeting with the Administrator or his designee;
2) Existing Zoning and Development - Describe existing zoning
including land area (gross and net) by zoning classification,
square footages, numbers of hotel rooms, dwelling units, etc.
Also, describe any existing development on-site and how it will
be affected by development proposals;
3) Thoroughfare Network - Describe existing thoroughfares, signals
and signal phasing, and traffic volumes within the study area;
4) Proposed Development - Describe the proposed development
including land area (gross and net), square footage, number of
hotel rooms, dwelling units, etc. Also describe roadway
conditions as expected by date of occupancy. Indicate roadway
and intersection capacities at study date;
5) Impact Determination - Determine the level of service for all
thoroughfares and intersections in the study area. The analysis
shall contain the following minimum information:
(a) Proposed Trip Generation - Calculate total trip
generation by use (assuming full development and
occupancy) and report any reductions for passer-by, mixed
56
use, etc. Show trip generation by use in tabular form with
land use trip generation rates and trips generated.
(b) Trip Distribution and Assignment - Trips generated by
the proposed development are to be added to the base
volumes projected for the design year. Peak hour volumes
must be calculated. Distribution assumptions and
assignment calculations must be provided.
(c) Level of Service Analysis - Show in tabular form, 24
hour and peak hour V/C ratios for links and intersections
within the study area. This analysis should be done for the
following traffic conditions: existing traffic, background
traffic, background plus project traffic. Analyze all points of
ingress and egress, median breaks, and turn lanes
associated with the proposed site.
(d) Conclusions - Provide a summary of points of conflict and
congestion. Identify all thoroughfare links or intersections
exceeding a Level of Service D and the percent increase in
total traffic produced by the proposed site plan. Identify
any operational problems (e.g., drives, median openings,
and signalization) within the study area.
6) Mitigation
(a) Traffic levels exceeding Level of Service D, where the
development is contributing 5% or more of the total trips
shall be mitigated to predevelopment levels. Problems
demonstrated by the TIA can be corrected by:
(b) Access Management requirements in addition to those
provided in Article 7.3 and the City of College Station
Engineering Design Guidelines relating to driveway and
median opening spacing.
(c) Modifying density or intensity of use (e.g., reduction in
square footage or percentage of commercial use);
(d) Phasing construction until additional roadway capacity
becomes available;
(e) On-site improvements including access controls and site
circulation adjustments; and
(f) Off-site improvements including the construction of
additional lanes where the surrounding thoroughfares are
not fully developed or intersection improvements, including
signalization, where the surrounding area is approaching
full development.
7) Costs of Mitigation
Mitigation improvements which are attributable to the proposed
development shall be funded at the developer’s expense. Any
other improvements shown which are consistent with the
Thoroughfare Plan may be repaid by the City in accordance with
its cost sharing policies.
Submittal Requirements
When non-residential architectural standards are applicable, submitted site plans
shall include the following, in addition to other site plan application
requirements:
Accurate building footprint(s);
57
Mechanical screening details;
Detention pond screening details
Location and number of bicycle parking facilities;
Park lot configuration in compliance with 7.9.B.6 Parking Lots, if applicable
(120 parking spaces or more);
Additional landscaping requirements, if applicable (50,000 square feet and
greater);
Location of pedestrian walkways, if applicable (50,000 square feet and
greater);
Traffic Impact Analysis, if applicable (5,000 trips per day or greater);
Location and details of public plaza and amenities, if applicable (150,000
square feet and greater).
58
ORDINANCE NO. ____________
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” BY
DELETING SECTION 7.9.B.6, “TRAFFIC IMPACT ANALYSIS,”; AMENDING SECTION 7.9.H,
“SUBMITAL REQUIREMENTS,” AND ADDING SECTION 7.12, “TRAFFIC IMPACT ANALYSIS”
TO THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” be amended so as to delete Section
7.9.B.6, “Traffic Impact Analysis,”; amend Section 7.9.H, “Submittal Requirements,”
and add Section 7.12, “Traffic Impact Analysis” to the Code of Ordinances of the City of
College Station, Texas, as set out in Exhibit “A”, attached hereto and made a part of this
ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining provi-
sions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a
fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars
($2,000.00). Each day such violation shall continue or be permitted to continue, shall be
deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective
ten (10) days after its date of passage by the City Council, as provided by Section 35 of
the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 26th day of June, 2008.
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
59
ORDINANCE NO.__________________ Page 2
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_______________________________
City Attorney
60
ORDINANCE NO.__________________ Page 3
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EXHIBIT “A”
I.
That Section 7.9.B.6, “Traffic Impact Analysis,” of Chapter 12, “Unified Development Ordinance,” of the
Code of Ordinances of the City of College Station, Texas, is hereby deleted.
II.
That Section 7.9.H, “Submittal Requirements,” of Chapter 12, “Unified Development Ordinance,” of the
Code of Ordinances of the City of College Station, Texas, is hereby amended to read in its entirety as
follows:
H. Submittal Requirements
1. When non-residential architectural standards are applicable, submitted site plans
shall include the following, in addition to other site plan application requirements:
a. Accurate building footprint(s);
b. Mechanical screening details;
c. Detention pond screening details;
d. Location and number of bicycle parking facilities;
e. Park lot configuration in compliance with 7.9.B.7 Parking Lots, if applicable
(120 parking spaces or more);
f. Additional landscaping requirements, if applicable (50,000 square feet and
greater);
g. Location of pedestrian walkways, if applicable (50,000 square feet and
greater);
h. Location and details of public plaza and amenities, if applicable (150,000
square feet and greater).
2. When non-residential architectural standards are applicable, submitted building
plans shall include the following, in addition to other building permit application
requirements:
a. Scaled building elevations for each façade, depicting the following:
1) Required architectural relief; and
2) Location of building materials.
b. Accurate building footprint(s);
c. Sample building materials and color details; and
d. Table of vertical square footage and percentage of building materials for each
façade.
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ORDINANCE NO.__________________ Page 4
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III.
That Section 7.12, “Traffic Impact Analysis,” of Chapter 12, “Unified Development Ordinance,” of the
Code of Ordinances of the City of College Station, Texas, is hereby added to read as follows:
7.12 Traffic Impact Analysis
This section establishes requirements and procedures pertaining to traffic impact
analysis (“TIA”). This Article is intended to inform the applicant of the City's
expectations to ensure adequate traffic flow and connectivity attributable to their
proposal, expedite the City’s review of TIA reports, provide standard criteria for
evaluating proposals, and identify various mitigation measures.
The TIA is intended to coordinate proposed land use with the transportation needs
resulting therefrom. Both the City of College Station and the developer share
responsibility to identify and solve transportation issues arising from development.
College Station requires TIAs accompany certain zoning applications and certain site
plan applications. The TIA required for each complements the overall goal of
ensuring adequate transportation facilities are in place. Below is an elaboration of
some of the purposes.
A. Purpose
1. Zoning TIA
The goal of submitting a TIA when making a zoning request is to
determine the effect allowed uses within various proposed zones will have
on existing roadway systems, and to ensure there is a balance between
future land uses and future transportation systems. Zoning applications
that are required to have a TIA performed are evaluated using both
current and long-term traffic scenarios.
The TIA will determine whether acceptable levels of service are being
maintained for traffic flow in the area. Different mitigation solutions will be
analyzed where service levels fall below acceptable standards. A TIA for a
zoning request should not recommend mitigation methods that are
inconsistent with the City’s Comprehensive Plan, including the
Thoroughfare Plan. The Planning and Zoning Commission and the City
Council shall consider the TIA in approving or disapproving zoning changes
to the degree allowed by law.
2. Site Plan TIA
The goal of a TIA when submitting a site plan is to determine the effect a
specific proposed development will have on current and future land
development and roadway systems. Generally, it uses current and
anticipated near-term traffic volumes and roadway configurations for the
analysis. The process should ensure that the roadway system is adequate
to accommodate the proposed use.
Different mitigation measures may be recommended where the TIA shows
levels of service falling below acceptable minimums. Different mitigation
techniques that may be recommended include adding turn lanes,
improving driveway access, providing connectivity, modifying traffic
control devices, etc. A TIA for a site plan should not recommend
mitigation methods that are inconsistent with the City’s Comprehensive
Plan, including the Thoroughfare Plan. The Planning and Zoning
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ORDINANCE NO.__________________ Page 5
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Commission shall consider the TIA in approving or disapproving site plans
to the degree allowed by law.
B. Definitions
1. Trip Generation Rates - Trip Generation Rates means the rate of
vehicular traffic generated from the proposed rezoning or proposed site
plan. For Zoning TIAs, these rates are shown by zoning district in the
tables below. Site plan TIAs shall use those rates set forth in the latest
edition of the Trip Generation informational report published by the
Institute of Transportation Engineers (ITE) unless the proposed use does
not have a corresponding rate in the Trip Generation report. Alternate
trip generation rates shall not be accepted.
Table 1
Trip Generation: Residential Land Uses
Zoning
Classification
Maximum
Units / Acre
ITE Land Use
Code
Trip Rate /
Unit
Trip Rate /
Acre
A-O 0.2 210 1.01 0.2
A-OR 1.0 210 1.01 1
R-1 8.0 210 1.01 8
R-1B 6.0 210 1.01 6
R-2 12.0 210 1.01 12
R-3 14.0 230 0.52 7.3
R-4 20.0 220 0.62 12.4
R-6 30.0 220 0.62 18.6
R-7 Determined by Administrator
P-MUD Determined by Administrator
Table 2
Trip Generation: Non-Residential Land Uses
Zoning
Classification
Maximum
Units/Acre*
ITE Land Use
Code
Trip Rate /
KSF
Trip Rate /
Acre
A-P 16,000 sf 710 1.55 25
C-1 13,500 sf 820 3.75 50
C-2 16,000 sf 710 1.55 25
C-3 11,000 sf 820 3.75 40
M-1 N/A 110 N/A 7.5
M-2 N/A 120 N/A 2.2
C-U Determined by Administrator
R&D N/A 760 N/A 16.8
PDD Determined by Administrator
* Density maximum calculated based on existing (2007) developments in the
City of College Station.
2. Design Year - The design year is the point in time upon which
assumptions pertaining to land use, population, employment, and
transportation facilities are based. All TIAs shall use a design year based
on the expected date of project occupancy, and shall include consideration
of nearby development that has been approved and will impact the
proposed project’s area of traffic impact.
3. Peak Hour – Peak hour means the time of day during the weekday that
generates the most vehicular traffic. Typically, this is either between 7:00
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to 9:00 am or 4:00 p.m. to 6:00 pm.
4. Base Volumes - Base volumes shall be based on current traffic counts
adjusted to the expected date of project occupancy plus volumes
generated by nearby future development (all phases) that has been
approved by the City. When available, all base data shall be supplied by
the City Traffic Engineer. In all cases when traffic counts are needed and
are not available, the developer or his agent shall be required to collect
such data.
5. Level of Service (LOS) - Level of Service means the measure of the
level of congestion experienced on roadways as measured by both link
and intersection operations as presented in the latest edition of the
Transportation Research Board’s Highway Capacity Manual.
C. Applicability
1. Zoning TIA
Any zoning request which is expected to generate at least 250 trips in the
a.m. or p.m. peak hour requires a TIA. A TIA is not required if a zoning
request is for property designated “Redevelopment” on the Land Use Plan
in the Comprehensive Plan and is expected to generate less than 250
additional trips in the a.m. or p.m. peak hour than those generated by the
currently approved use(s) on the property.
A zoning request involving multiple zoning districts is required to have a
TIA based on the total traffic generated for all the proposed districts. A
TIA may be required for a zoning request that generates less than 250
trips in the peak hour, where the peaking characteristics could have a
detrimental impact on the transportation system as determined by the
Administrator.
A TIA shall be required unless the applicant demonstrates to the
satisfaction of the Administrator that a TIA is not required for a rezoning
request. In cases where a TIA is required, the rezoning application will be
considered incomplete until the TIA is submitted.
2. Site Plan TIA
Any proposed development excluding developments located in the zoning
classifications of NG-1, NG-2, or NG-3 shown on a site plan which is
expected to generate at least 250 trips in the a.m. or p.m. peak hour
requires a TIA. A TIA may be required for site plans submitted for
approval that generate less than 250 trips in the a.m. or p.m. peak hour
where the peaking characteristics could have a detrimental impact on the
area’s vehicular transportation system as determined by the
Administrator.
A TIA shall be required unless the applicant demonstrates to the
satisfaction of the Administrator that a TIA is not required for a rezoning
request. In cases where a TIA is required, the site plan application will be
considered incomplete until the TIA is submitted.
D. Methodology
1. Professional Engineer to perform TIA. All required TIAs shall be
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performed by a professional engineer licensed in the State of Texas
qualified to perform such analyses. Qualifications may include, but are
not limited to certification as a Professional Traffic Operations Engineer or
Professional Transportation Planner by the Transportation Professional
Certification Board or certification by the Texas Department of
Transportation to conduct traffic engineering studies.
2. Pre-submittal meeting. A pre-submission consultation with the
Administrator is required at the time of the Pre-Application Conference to
discuss relevant aspects of the TIA. Details of the procedures, assumption
used, data to be collected method of analysis and identification of the
study area will be determined at this meeting. Traffic from other
approved but not built nearby developments will be accounted for in the
TIA as determined by the Administrator. The Administrator may require
other specific assumptions such as the percent of trucks to be altered to
match local conditions. The City may require analyses of peak 15 minute
intervals for certain types of land uses that generate major traffic surges
such as, but not limited to stadiums, movie theaters, arenas, and schools.
3. Zoning TIA Content
a. Study Area - A map(s) delineating the TIA study area and all existing
and planned streets therein. The study area shall be determined based
upon identifying the geographical area most affected by the proposed
zoning request as determined by the Administrator after conferring
with the applicant.
b. Existing Zoning - A description by zoning classification of the existing
zoning in the area proposed for rezoning.
c. Proposed Zoning – A description of the proposed zoning including
land area by zoning classification.
d. Thoroughfare Network - A description of the existing and proposed
thoroughfares, and traffic volumes within the study area.
e. Impact Determination - A description of the volume/capacity (V/C)
ratio for all thoroughfares and delay projections for intersections in the
studied area to determine if a Level of Service D is maintained. The
analysis shall contain the following minimum information:
1) Proposed Trip Generation - Show in tabular form trip
generation rates (see Table 1 or 2, as applicable) and the total
trips generated based on proposed zoning.
2) Existing Trip Generation – Show in tabular form trip
generation rates (see Table 1 or 2, as applicable) and the total
trips generated based on existing zoning.
3) Net Increased Trip Distribution and Assignment - Show
proposed trip generation minus existing trips and the calculation
of new trips generated. The net increase in trips generated by the
zoning requrest is to be added to the base volumes projected by
design year. Twenty-four hour and peak hour volumes must be
calculated. Distribution and assignment calculations must be
provided.
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4) Level of Service Analysis - Show in tabular form peak hour
Level of Service for existing and proposed zoning. Calculations
shall include all thoroughfare links and intersections. Calculate
level of service and percentage change (when compared to base
volumes) for each link and intersection.
5) Neighborhood Traffic Analysis – If a proposed rezoning could
increase the traffic on a minor collector or residential street at
least ten percent (10%), a neighborhood traffic analysis shall be
performed. This analysis will include an evaluation of existing and
projected traffic levels of the affected streets. If the projected
traffic levels exceed the limits indicated in the BCS Design
Guidelines, mitigation to lower this traffic shall be required.
6) Conclusions - Summarize points of conflict and congestion,
identify all thoroughfare links and intersections exceeding Level
of Service D and the percentage change by the proposed zoning
change.
f. Mitigation - A description of the mitigation techniques to achieve
acceptable service thresholds shall be shown. Traffic produced by the
proposed zoning request plus current traffic levels should not fall
below a Level of Service D. Locations not meeting the Level of Service
D where the proposed zoning contributes five percent (5%) or more of
the traffic should be mitigated by the applicant. Acceptable methods of
mitigating negative traffic impacts include but are not limited to the
following:
1) Modifying the zoning request to meet Level of Service D.
2) Modify the access plan.
3) Limit development densities within one or more zoning
classifications or land parcels.
4) Making minor thoroughfare or intersection improvements, such
as adding or relocating turn lanes, acceleration and deceleration lanes
and median openings.
Amendments to the City’s Thoroughfare Plan shall not be accepted as
a means of mitigating negative impacts.
g. Planning and Zoning Commission Report - The Planning and
Zoning Commission shall make a report to the City Council on all TIAs
it considers in conjunction with requests for rezoning. The Planning
and Zoning Commission may make a recommendation for approval,
modification, or denial of the zoning case based on other planning
factors in addition to its review of the TIA.
Where the identified impacts of the proposed zoning cannot be
adequately mitigated, the Planning and Zoning Commission may
recommend to the City Council one or more of the following actions:
1) Denial of the zoning case in total or in part.
2) Any other action deemed appropriate to mitigate negative traffic
impacts.
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4. Site Plan TIA Content - Submittals of TIAs for site plans shall include
the following:
a. Study Area - A map(s) delineating the TIA study area and all existing
and planned streets therein. The study area will be determined by
identifying the geographical area most affected by the proposed
development shown on the site plan as determined by the
Administrator after conferring with the applicant. In general the study
area will cover all intersections through which at least ten percent
(10%) of the proposed development’s site traffic passes, and shall
extend to at least the first traffic signal in each direction if within one
mile of the site.
b. Existing Zoning and Development - A description of existing zoning
including land area (gross and net) by zoning classification, square
footage, density of hotel rooms, dwelling units, etc. Also, a description
of development currently within the proposed site plan, including
showing how it will be affected by the new development proposal;
c. Thoroughfare Network - A description of existing thoroughfares,
signals, signal phasing and traffic volumes within the study area;
d. Proposed Development - A description of the proposed development
including land area (gross and net), square footage, density of hotel
rooms, dwelling units, etc. Also a description of anticipated roadway
conditions expected by the date of occupancy of the proposed
development shall be included. Roadway and intersection capacities
shall be shown;
e. Proposed access – Identification of the location and number of lanes
and proposed traffic controls for each point of access serving the
proposed development, including proposed modifications to adjacent
roads shall be included. All access points shall meet the current
access management and roadway design policies of the entity
responsible for the condition of that portion of roadway.
f. Impact Determination - A determination of the Level of Service for
all thoroughfares and intersections in the study area shall be included,
as shall an evaluation of pedestrian, bicycle, and motor vehicle safety
conditions adjacent to the site. The analysis shall contain the
following minimum information:
1) Proposed Trip Generation - A calculation of the total trip
generation by use within the study area assuming full
development and occupancy. Show any reductions attributed to
passers-by, mixed use, etc. Show trip generation by use in
tabular form with land use trip generation rates and trips
generated.
2) Trip Distribution and Assignment - A calculation of trips
generated by the proposed development as added to the base
volumes projected for the design year. Peak hour volumes must
be calculated. Distribution assumptions and assignment
calculations must be provided.
3) Level of Service Analysis - A depiction shown in tabular form,
twenty-four hour and peak hour volume/capacity ratios for links
and intersections within the study area. This analysis should be
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done for the following traffic conditions: existing traffic, existing
traffic plus projected traffic. Analyze all points of ingress and
egress, median breaks, and turn lanes associated with the
proposed site.
4) Neighborhood Traffic Analysis – If the TIA calcuations show
that a proposed site plan increases traffic on a minor collector or
residential street by at least ten percent (10%), a neighborhood
traffic analysis shall be performed. This analysis will include an
evaluation of existing and projected traffic levels of the affected
streets. If the projected traffic levels exceed the limits indicated
in the BCS Design Guidelines mitigation to lower this traffic may
be required.
5) Conclusions - A provision of a summary of findings showing all
adjacent streets and intersections noting those that exceed a
Level of Service D, the percent increase in total traffic produced
by the proposed site plan, and the adequacy of site access.
Identification of any safety and operational problems (e.g.,
drives, sight distances, median openings, and signalization)
within the study area shall be shown.
g. Mitigation - A description of the mitigation techniques meeting
acceptable service thresholds shall be shown. Traffic levels exceeding
a Level of Service D where the development is contributing five
percent (5%) or more of the total trips should be mitigated to
predevelopment levels by the applicant. Acceptable methods of
mitigating negative traffic impacts include the following:
1) Modifying the density or intensity of use, such as a reduction in
square footage or percentage of commercial use to meet a
minimum Level of Service D;
2) Phasing construction until additional roadway capacity becomes
available;
3) Making on-site improvements including access controls and site
circulation adjustments;
4) Making off-site improvements including the construction of
additional lanes, modifying signalization, etc.
h. Costs of Mitigation - Mitigation improvements which are attributable
to the proposed development shall be funded at the developer’s
expense. Any other improvements shown which are consistent with
the Thoroughfare Plan may be repaid by the City in accordance with its
cost sharing policies.
E. Criteria for Approval.
The City shall consider the following standards in determining whether a
proposed rezoning or submitted site plan meets an acceptable Level of Service:
1. Design Requirement. The proposed rezoning of site plan is consistent
with the City’s adopted access management and design requirements and
is consistent with the design requirements on Texas Department of
Transportation on roads maintained by such agency.
2. Level of Service D. The desirable minimum Level of Service for the City
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of College Station is a Level of Service D as that term is described in the
Transportation Research Board’s Highway Capacity Manual.
3. Determination of adequate mitigation. Notwithstanding anything to
the contrary herein, the appropriate Administrator and the appropriate
reviewing body, where required, shall determine whether adequate
mitigation has occurred to meet an acceptable level of service utilizing the
requirements set forth herein.
69
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, February 12, 2008
at 6:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Bill
Davis, Harold Strong, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: Lynn McIlhaney and Dave Ruesink
CITY STAFF PRESENT: Senior Planner Lindsay Boyer, Staff Planners Crissy Hartl,
Jason Schubert and Matt Robinson, City Engineer Alan Gibbs, Deputy City Manager
Terry Childers, Director Bob Cowell, Assistant Director Lance Simms, Planning
Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Action
Center Representative Kerry Mullins and Staff Assistant Brittany Caldwell
2. Public hearing, presentation, possible action, and discussion regarding an
ordinance amendment to Chapter 12 of the Code of Ordinances, Section 7.9.B.6
of the Unified Development Ordinance, regarding Traffic Impact Analysis;
Section 7.9.H, Submittal Requirements; and adding Section 7.12, Traffic Impact
Analysis. (BC)
Director Cowell presented the ordinance amendments for the Unified
Development Ordinance, regarding Traffic Impact Analysis.
Mr. Cowell answered questions in general regarding Traffic Impact Analysis.
Steve Arden, 311 Cecelia Loop, College Station, Texas; 1275 Flying Acre Ranch,
College Station, Texas; Keith Ellis, 101 Grove, College Station, Texas; Victor
Draus, Home Builders Association; Nora Perez Hernandez; Roy Robinson, 4820
Greens Prairie Trail, College Station, Texas. Some of the concerns of the citizens
were the difficulties of developing in the city limits, the recommendation being
open ended and pushing people out of the City.
Commissioner Strong stated that the City needs a viable comprehensive plan that
extends to the ETJ line.
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Commissioner Dictson stated that the ordinance needs to be something consistent,
predictable, objective and have the flexibility to allow for creative solutions. He
said that all of the fees that are required to develop in the City are pushing
developers away.
Commissioner Davis motioned to recommend the adoption of the ordinance
with the correction of typographical errors. Commissioner Bauman
seconded the motion.
Commissioner Sanford said she would like for the area developers and builders to
meet again so the City would be able to receive more feedback.
Commissioner Schroeder stated that the ordinance was something that was
needed.
Commissioner Dictson motioned to amend the motion to add a section
specifically on redevelopment that has an incremental trigger and to hold one
more meeting with the public. Commissioner Strong seconded the motion,
motion passed (6-1). Commissioner Nichols was in opposition.
Chairman Nichols called for the vote on the original motion, which passed (5-
2). Commissioner Dictson and Sanford were in opposition.
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June 26, 2008
Regular Agenda Item
Comprehensive Plan Update - Phase II Contract Amendment No. 2
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action and discussion regarding the
approval of an amendment to the contract for consulting services (Contract #08-
041) with Kendig Keast Collaborative for the preparation of Phase II of a new
Comprehensive Plan.
Recommendation(s): Staff recommends approval of the attached contract
amendment for consulting services by Kendig Keast Collaborative (KKC) for Phase II
of the Comprehensive Plan.
Summary: In November 2007, the Council approved a contract with KKC in the
amount of $322,590 for the development of Phase II of the Comprehensive Plan
update.
In January 2008, the contract was amended to revise the indemnity language
contained in the approved contract.
At this time, staff seeks to amend the contract with KKC to remove the economic
development responsibilities as a result of failure to provide the required services.
Staff will perform some of the services with the remainder performed by a consultant
specializing in economic development This amended will reduce the contract amount
by $99,600 to $222,990, though the removed funds will be used to retain the new
consultant for the required services This amendment does not alter any other
provisions of the original contract.
Budget & Financial Summary: NA
Attachments:
1. Contract Amendment No. 2
72
AMENDMENT NO. 2 TO CONSULTANT CONTRACT NO. 08-041
BETWEEN THE CITY OF COLLEGE STATION AND KENDIG
KEAST COLLABORATIVE
WHEREAS, the City of College Station (the “City”) and Kendig Keast Collaborative (“KKC”)
entered into a Consultant Contract on November 2, 2007, for consulting services for Phase II of
the Comprehensive Plan Update; and
WHEREAS, the original contract was approved by the City Council on November 2, 2007; and
WHEREAS, the original contract was amended by Amendment No. 1 on January 24, 2008; and
WHEREAS, the City desires now to amend the original contract as amended to revise the
payment provisions and the scope of work to make the Economic Development element a City-
led task, and thereby amending Exhibit “A” (Scope of Services) and Exhibit “B” (Payment
Terms) of the Consultant Contract; and
WHEREAS, the City and KKC agree to amend Exhibit “A” and Exhibit “B” of the Consultant
Contract by removing Economic Development from the Scope of Services;
NOW THEREFORE, for and in consideration of the recitation above and covenants expressed
herein below, the parties agree to amend the original contract as follows:
1. Article I is amended to revise the payment provision for the project as follows:
1.03 The total amount of payment, including reimbursements, by the City to
Contractor for all services to be performed under this Contract may not, under any
circumstances, exceed Two hundred, twenty-two thousand, nine-hundred and ninety
dollars, and NO/100 ($ 222,990.00).
2. Exhibit “A” (Scope of Services) of the Consultant Contract is replaced in its entirety with
the attached Exhibit “A.”
3. Exhibit “B” is replaced in its entirety with the attached Exhibit “B.”
4. All other terms and conditions of the Consultant Contract as amended remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to
Consulting Contract as of June 29, 2008.
KENDIG KEAST CITY OF COLLEGE STATION
COLLABORATIVE
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74
Exhibit “A”
Scope of Services
Work Program - Comprehensive Plan Phase II
Under contract to the City of College Station (COCS), Kendig Keast Collaborative (KKC)
will continue, in a second phase of work (“Phase II”), to assist the City to update its
Comprehensive Plan. KKC will be supported in this effort by subconsultant Kimley-Horn &
Associates, Inc. for Transportation. This consultant involvement and facilitation will be
carried out according to this Work Program and contingent upon the support services
outlined under the sections, “City Expectations” and “Joint Expectations.”
Background
The City of College Station began the process of re-writing its Comprehensive Plan in mid
2006. The purpose of the new Comprehensive Plan is to create a more workable policy
document that will help guide decisions about the future growth and development of the
community. The Comprehensive Plan is a statement of the community's vision for the future
and a guide to achieving that vision. It will anticipate growth and guide that growth in a
manner that provides College Station with a balance of land uses that promote economic
growth, while retaining the quality of life enjoyed by its residents.
The City is updating the Comprehensive Plan in order to:
determine College Station’s vision for the future;
decide which types of development opportunities are compatible with the vision;
determine where and how College Station should grow;
provide guidance in making land use and transportation decisions;
preserve and improve the integrity of neighborhoods and overall quality of life;
promote economic development;
ensure that the City meets the expectation of its residents in the delivery of services; and
remain fiscally responsible on behalf of the citizens of College Station.
The Comprehensive Plan will be the guiding policy document for the decisions that are made
for the community.
The development of the Comprehensive Plan is being completed in two phases. The first
phase included the creation of a vision by the community, and goals and policies to support
the vision. The first phase was completed in August 2007. Phase II of the Comprehensive
Plan is anticipated to be complete in late 2008.
Delineation of Responsibilities
for Work Program
The purpose of this Work Program is to facilitate the preparation and adoption of the second
phase of the Comprehensive Plan. This scope of work describes the chapters and elements
associated with the preparation of the City of College Station's Comprehensive Plan. The
75
chapters outlined in the following pages include work by both the consulting team and
City staff. In order to create a plan that is unique to the City of College Station, City staff,
with participation from the Comprehensive Plan Advisory Committee (CPAC), will craft
several of the plan elements in cooperation with the consulting team. The expectations of the
consulting team and City staff are outlined in the table below and then described in more
detail in the sections that follow.
Responsibility for Comprehensive Plan Chapters/Elements
Plan Chapter Lead
Responsibility Comments
Introduction COCS - KKC review (of City-
prepared plan chapter)
Existing Conditions
Report (separate from
Plan document)
COCS - KKC review
Community Character
- including Unique
Community Assets
element
KKC
Neighborhood Integrity COCS - KKC review
Economic Development COCS - KKC review
Parks, Art & Leisure COCS / KKC
(Parks Master
Plan Update)
- KKC summarization of
Parks Master Plan key
elements in plan chapter
Transportation KHA
(KKC Sub)
Municipal Services &
Community Facilities
COCS - KKC review
Growth Management &
Capacity
- including Utilities
element
KKC
COCS
(Utility Master
Plan Updates)
- KKC summarization of
Utility Master Plan key
elements in plan chapter
Implementation &
Administration
KKC
NOTE: In the table above and throughout this Work Program, text in
black indicates items which are the responsibility of the consultant
team while items in maroon are the responsibility of the City.
Consultant Expectations
The consulting team will:
Identify a single individual as the consultant team’s Principal in Charge, who will have
ultimate responsibility for the performance of the contractual services, and another individual
76
as the consultant Project Manager, who will serve as the consultant team’s primary point of
contact and source of day-to-day work program direction for this collaborative planning
effort involving City and Consultant personnel, resources, and capabilities.
Provide monthly written progress reports to the City in a format that clearly indicates
completion of –or significant interim steps in preparation for or toward completion of – all
project deliverables and meetings specified in this work program. The reports will also
indicate activities scheduled for the next progress report period and document any project
delays or difficulties encountered and measures taken in coordination with City staff to
overcome them.
Provide general direction – and direct assistance as specified in this Work Program – on
tasks that are identified to be led by City staff.
Establish document templates and associated style rules for all plan chapters and map figures
to be included in the plan document to ensure consistent organization, format, appearance
and quality.
Prepare brief, bulleted summaries of key points raised, questions discussed, and follow-up
actions identified during project meetings for which KKC is the lead facilitator (not to
include meetings which City staff lead and KKC personnel only attend/observe).
Review and provide comments on all draft and revised plan chapters/elements prepared by
City staff, and have responsibility for identifying necessary revisions to all plan
chapters/elements to address consistency in writing styles and in planning philosophy
throughout the plan document. (City staff will be responsible for making all revisions to
City-prepared plan chapters/elements based on specific consultant – and CPAC/other –
review comments. The consultant team will not be involved in any rewriting of City-
prepared draft text or drafting of new or supplemental text in City-prepared plan
chapters/elements except as specified for particular tasks in this Work Program.
Additionally, the consultant team will not be responsible for the accuracy of technical data
and/or content included or cited in any chapters/elements prepared by City staff.)
Provide information and guidance on recommended ordinance changes and sample ordinance
provisions based on the proposed Comprehensive Plan goals, policies and actions.
Package all the final, approved plan chapters into a single, cohesive document which meets
both the consultant team’s and the City’s quality standards.
Oversee the production and delivery to the City of the as-adopted comprehensive plan
document, including all illustrations and related attachments, and incorporating all final map
figures as printed and provided to KKC by the City (in the quantity specified in the Project
Deliverables section of this Work Program).
Joint Expectations
Both the City and the consulting team will jointly be responsible for:
Completing project status conference calls at least every three weeks throughout the duration
of the project, including sharing by City staff of an up-to-date “project log” of plan-related
activities, meetings, and work items completed by City staff (similar to that maintained by
KKC throughout the project).
Allotting time for City staff and consultant team representatives to meet on the day of
scheduled meetings in College Station, prior to such meetings (i.e., CPAC, P&Z, public
events, etc.), to coordinate on project issues and/or final meeting preparation and logistics.
77
Preparing and maintaining a workable and detailed project schedule (of all deliverables and
meetings) for the Phase II Work Program that ensures steady progress and prompt results
while assuring adequate time for citizen and stakeholder involvement and meaningful review
and comment prior to formal public hearings and adoption procedures. This schedule must
especially clarify the planned work flow and associated coordination and interaction between
City staff and the consultant team to ensure that all project milestones are met in a timely
manner and the overall Phase II schedule is maintained throughout – allowing for appropriate
and mutually agreed upon adjustments along the way based on project developments. An
initial schedule will be drafted as an immediate work item as soon as Phase II is
initiated.
Establishing mutually agreed upon deadline dates by which draft plan chapters/elements or
other project handouts or materials to be prepared by either party must be ready and available
for distribution or release – or for internal review and comment by the other party – prior to
scheduled project meetings or events (and original and/or PDF versions of such materials
shall be promptly delivered to the other party via email or FTP). In particular, all deliverables
associated with a meeting, as prepared by the consultant team or City staff, shall be provided
to the other (reviewing) party no less than three (3) weeks prior to the meeting. The
reviewing party will have one (1) week to review the materials, which will be revised based
on the review comments and provided one (1) week in advance of the meeting.
Sharing relevant reference materials, data (and data sources), photos/graphics, and electronic
files that both parties have acquired and/or should be aware of as general background
information or as a potential input to preparation and/or revision of certain plan
chapters/elements, presentations, or other project materials.
Establishing a GIS data structure, through coordination between appropriate City and
consultant technical personnel, to ensure the efficiency and reliability of necessary data-
sharing throughout the project. The City will be responsible for printing/plotting all draft and
final maps during the project. KKC will provide the City a “map layout” for use as a
template, consistent with the overall plan document format, for all map figures the City is
responsible for preparing. For those maps KKC is responsible for preparing, KKC will
provide the City appropriate data files (shapefiles) for the City to use in creating and printing
the maps for stakeholder/public distribution.
Assuring the basic quality of all work products prepared and delivered by each party to the
other through internal review and quality control procedures by both the City and consultant
team. All deliverables should receive final internal review and be delivered by the City’s
Project Director and the consultant Project Manager, respectively. Any work product that
upon delivery is found to be substantially below basic quality standards (e.g., not prepared in
agreed-upon templates, not following agreed-upon organization and style rules, containing
extensive spelling and/or grammatical errors, etc.) will be returned for further attention prior
to review by the other party.
Preparing for and leading presentations and facilitating discussions at project meetings and
briefings (CPAC, Planning & Zoning Commission, City Council, public meetings, etc.),
depending on whether the consultant team or City staff had lead responsibility for preparing
the relevant plan chapter/element or other information/materials to be covered at each
respective meeting or briefing. Necessary handouts or graphic aids for all meetings will be
prepared by the lead party (City or consultant team), unless otherwise specified in this Work
Program or mutually agreed upon in advance of a particular meeting or event.
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Exchanging with the other party, upon project completion, electronic files on compact disc of
all plan-related documents in their native format (e.g., Microsoft Word, Excel, PowerPoint;
ESRI-compatible formats, etc.), including all supporting graphics, tables, illustrations, maps,
and other elements of the plan.
City Expectations
The City of College Station will:
Identify a single individual as the City’s Project Director, who will serve as the City’s
primary point of contact and source of day-to-day work program direction for this
collaborative planning effort involving City and Consultant personnel, resources, and
capabilities.
Provide the consultant team written summaries, and copies of any handouts/materials, from
all plan-related meetings not attended by the consultant team members.
Provide to the consultant team all available data, maps, air photos, previous
reports/plans/studies, and other information that is available to the City in digital format and
is pertinent and necessary for development of each plan chapter/element for which the
consultant team is primarily responsible. Prompt compilation and delivery of such resource
materials to the consultant is an essential prerequisite for initiation of the Comprehensive
Plan process and timely progress on various initial study tasks. The City will reproduce all
hard-copy materials such that they will not require return upon project completion (or will
provide materials in PDF or other readily usable electronic formats).
Based upon guidance provided by the consultant team, make contacts with agencies and
organizations for data collection and coordination purposes, obtain necessary data and
electronic maps, arrange meetings as needed, and make these entities aware of the
comprehensive planning process.
Ensure that key City personnel, advisory board members, and elected officials will
participate as needed in the planning process and be available upon request, through
arrangements made by the City’s Project Director, to provide information and referrals and
offer opinions, insights, and suggestions that are necessary for development of the various
plan chapters (for City staff, this will occur particularly through the Staff Resource Team, or
SRT). This will include potential formal or informal meetings and briefings with City
Council as specified in this Work Program.
Immediately upon initiation of Phase II, provide an updated, detailed list of spatial data and
mapping that the City can make available for the project, including data sets and layers/GIS
coverages already developed/maintained by the City for its entire planning area or readily
available to the City from other sources, such as the Brazos County Appraisal District. This
will enable the consultant team to identify and confirm any new data/information that has
become available since the initial data delivery from the City at the start of Phase I.
Reproduce and forward each draft project submittal provided via email by the consultant
team to each CPAC member and key City staff members. In addition, each draft deliverable
will be provided to the City Council for courtesy review and discussion as the plan update
process proceeds. An item should be added to the Planning & Zoning Commission and City
Council agendas throughout the duration of the comprehensive planning process to provide
ongoing discussion opportunities for the Commission and Council and to allow for overall
direction of the plan update. City staff will be responsible for providing briefings to the
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Commission and Council at regular intervals throughout the process, except where
consultant-led briefings are provided for in this Work Program.
Conduct public information activities in conjunction with major public meetings and other
fitting project milestones. The City will be responsible for news media contacts, preparation
and distribution of news releases and any other public information materials, and posting of
meeting notices and project information and updates on the City’s website.
Use the City’s website to disseminate information and inform, update and educate the public
about the ongoing comprehensive planning process. The consultant team will provide
already-completed Microsoft Word documents or ArcView GIS maps in PDF format, which
can be easily posted on the City’s website.
Provide ongoing administrative support for the CPAC, which was established during Phase I.
One or more members of the Planning & Zoning Commission and City Council should be
included for liaison and tracking purposes throughout the project. The City’s support services
will include arranging meeting locations, preparing and distributing meeting notices, and
preparing and reproducing agendas and other handouts (from a reproducible original
provided by the consultant team when the consultant team had lead responsibility for
preparing such materials). The City will also provide three-ring binders with section dividers
for all CPAC members, involved City officials and staff, and others as needed for purposes
of organizing and maintaining project materials throughout the process. The project
notebooks should include rosters and contact information for members of the CPAC,
Planning & Zoning Commission, City Council, and key City staff, plus the detailed project
schedule.
Arrange and provide use of public meeting facilities for each scheduled public involvement
event and meeting identified in this Work Program, including adequate setup for
presentations (sound system, screen or white wall, reduced lighting, extension cord and
power strip for multiple three-prong plugs for laptop, projector, etc.). The City’s support
services will include providing public and news media notification of public meetings,
producing/mailing/distributing notices, preparing and reproducing agendas and other handout
materials, providing sign-in sheets and otherwise documenting meeting attendance, and
providing refreshments. The City will also be responsible for inviting members of City
Boards and Commissions and representatives of other key agencies and community
organizations to attend public meetings related to the plan update process.
Commit the necessary resources to adequately prepare for and promote any significant
community outreach events to be conducted in Phase II (similar to the Citizens Congress
event in Phase I) to ensure significant attendance, participation, and media coverage. The
City might consider inviting other key community organizations to co-sponsor or “co-host”
the event and provide further logistical support. The City’s responsibilities will include
securing a meeting location with adequate setup for large gatherings and presentations
(sound system, screen or white wall, reduced lighting, extension cord and power strip for
multiple three-prong plugs for laptop, projector, etc.), creating and distributing promotional
posters and/or flyers, preparing and distributing any other public information materials,
publicizing the event through informal networks and “word of mouth” means, encouraging
major businesses and institutions to highlight the event on high-profile marquee signs and
message boards, making arrangements for snacks/beverages and entertainment (school choir
or orchestra, local musician, etc.), providing greeters and City staff or volunteers to staff a
sign-in table, assigning City staff to assist with any planned small-group breakout sessions,
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arranging for City officials to welcome attendees and provide brief opening remarks, inviting
any guest speakers as needed, arranging one or more door prizes (optional), and reproducing
a program/agenda for the event which could include an insert or “tear-off” form for
submitting written comments and ideas. KKC will provide a checklist and other guidance
and sample materials based on its experience in conducting and facilitating many similar
events in other communities.
Phase II Tasks
Community & Leadership
Participation
Community involvement is an essential part of preparing a comprehensive plan to ensure that the
plan reflects the values and priorities of the community. A broad cross section of stakeholders,
including those involved in local organizations, representatives from local and regional
coordinating agencies, and residents will be invited to participate in the continuing plan
development process to provide input and react to plan proposals toward defining the future of
the community. The public and leadership involvement process initiated in Phase I will carry
over into this phase and will be closely coordinated with potential community education efforts
envisioned by the City and to be carried out entirely by City staff.
The following activities will be included in this task:
Task Activities
Conduct a Phase II kick-off meeting with key City staff members to review the scope of
work, data/information needs, and other project logistics; formulate a detailed project
schedule; discuss the preferred format for CPAC meetings; and coordinate on the format of
plan chapters, maps and graphics so templates may be established for use by City and
consultant staff.
Participate in up to four (4) working meetings with the City’s Staff Resource Team (SRT)
during the course of Phase II, all of which will be scheduled to occur during planned project
trips.
Attend up to twelve (12) working meetings with the City’s Comprehensive Plan Advisory
Committee (CPAC) for presentation, review and discussion of plan issues, draft plan
materials, and other pertinent topics.
Attendance by one (1) KKC principal at up to two (2) additional meetings, yet to be
specified prior to project initiation, but as needed on a contingency basis during the course of
the project.
Concurrently with a planned project trip, provide a briefing to the City Council at a mid-
point in the plan development process to inform them of the project status, receive their
feedback and direction on emerging plan proposals, and ensure the plan is consistent with
their expectations.
Complete a community Open House event when an overall draft of the Comprehensive
Plan is ready for public review. Individual stations will be set up to display the various plan
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elements and maps, highlight significant action recommendations, address questions, and
allow informal dialogue and formal acceptance of public comments and feedback. The event
will be advertised by the City as an open format over several hours on one evening. KKC
will be responsible for producing an original of a one- to two-page summary of each plan
chapter, applicable exhibits, and an overview PowerPoint presentation.
Complete an extended joint workshop with the Planning & Zoning Commission and City
Council to overview the draft plan, providing an opportunity for their detailed review and
consideration.
Complete a “first-and-next-step” implementation workshop, following and held
concurrently with the joint workshop in the previous item, to identify plan implementation
priorities, timing, and responsible departments or entities. KKC will prepare a series of
poster sheets with the action recommendations that are potentially of highest priority. Then
workshop participants will each be given an opportunity to “vote” on their top priorities
(number to be determined). Upon determination of the consensus priorities, KKC will
facilitate discussion of the timing and administration of these tasks. The outcome of this
exercise will be incorporated into a summary action table in the final plan document.
Attend a City Council public hearing, at which KKC will present the highlights of the final
proposed Comprehensive Plan in coordination with City staff.
In coordination with City staff, help to identify project-related items to be posted on the
City’s website by City staff (e.g., project schedule, interim draft plan chapters and maps, and
other materials already provided by KKC in Adobe *.pdf format).
Deliverables:
One (1) reproducible original of any handouts or display materials to be distributed or on
display at particular meetings and workshops, as a supplement to the draft plan elements to
be reviewed and discussed at such meetings.
PowerPoint presentations as needed for particular meetings and workshops (draft and final).
Plan Introduction
This element will include a definition of “Comprehensive Plan,” the benefits of having a
Comprehensive Plan, a brief discussion of the importance of updating College Station’s plan,
and the relationship of the update to the 1997 Comprehensive Plan. It will also provide
background information on the comprehensive planning process, including an overview of
the public input opportunities and activities that facilitated the completion of the document.
Lastly, it will include the resulting vision for the City of College Station.
The following elements will be included in this chapter:
An educational component, including an explanation of what a Comprehensive Plan is, why
College Station has one, the benefits of the plan, and the City’s authority to adopt a
Comprehensive Plan.
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An explanation of the Comprehensive Plan process used, including public input
opportunities, the role of the Comprehensive Plan Advisory Committee (CPAC), the Staff
Resource Team (SRT), the Planning & Zoning Commission, and the City Council.
The definition and delineation of the Comprehensive Plan study/planning area, which will
include the existing city limits and extraterritorial jurisdiction (ETJ) plus any immediate
contiguous areas that could reasonably be added to the ETJ over the 20-year plan horizon
through annexation activity by the City.
The Vision for the City of College Station, including a graphic demonstration of the
relationship between the vision and the plan goals and policies.
Deliverables:
Chapter 1, Introduction, of Comprehensive Plan document (draft and final).
Map figure: (1) Comprehensive Plan study/planning area.
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Existing Conditions Report
To develop a meaningful plan, it is important to know what kinds of growth pressures are
expected to influence the City’s future. Trends, projections, and assumptions provide numerical
benchmarks to help determine if the plan is realistic and reasonable. To that end, a thorough
understanding of the existing conditions serves as the springboard for drafting the chapters of the
plan. This report will provide a detailed description of the planning area’s natural and built
environment. It will also include a demographic and economic profile of the planning area.
The following elements will be included in this report:
A brief historical background on the City of College Station.
Brief description of College Station’s regional context, including its relationship to the
adjacent City of Bryan.
Information on current demographics and community trends, including population
information, median age, household size, growth trends, building permit activity, etc.
A housing inventory, to include information on the current inventory of dwelling units
(single-family, duplex, and multi-family) and housing characteristics such as median home
value, size, mean density, owner versus renter occupied, etc.
A brief background on the key economic indicators in the area, and a history of the
economic development strategy in College Station, including the role of the Research
Valley Partnership (RVP).
Information on local employment and job creation, including household income,
educational attainment, employment by sector, etc.
An overview of the geography of the area, including soil type, vegetation, topography,
floodplain and other physical attributes.
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An inventory of natural environmental features which can pose constraints to significant
urban development in particular areas and/or provide amenities and value to nearby
development when preserved and enhanced (e.g., creeks and other water features, wetland
and riparian areas, forested areas and significant mature trees in the community, etc.).
Consideration will be given to tree protection and canopy cover, creeks and natural drainage
areas
An inventory and assessment of the existing transportation system.
An inventory of existing land uses and existing zoning of property in the City of College
Station (to be coordinated closely with the community character field work and mapping to
be conducted by KKC under the Community Character task).
Existing utility service areas, capacities and information relating to the multiple service
providers within the study area.
A review of and reference to other existing and viable plans such as the Wolf Pen Creek
Master Plan.
Deliverables:
Existing Conditions Report, formatted and published as a separate, stand-alone report and
complementary document in support of the Comprehensive Plan document (draft and final).
Map figures: (1) thematic maps related to demographics, housing, and economic indicators;
(2) Existing Housing Inventory; (3) Physical Setting; (4) Existing Transportation System; (5)
Existing Land Use; (6) Existing Zoning; and (7) Existing Utility Service Areas.
KKC/KHA/ESI review memorandum with specific comments, questions and suggested
revisions to the City-prepared report and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Community Character
Understanding College Station’s character as a city and the character of individual areas
within the community is vital to protecting it. The purpose of this chapter is to identify
community character and establish the necessary guidance that will be used in making
decisions about the compatibility and appropriateness of individual developments within the
context of the larger community. The future land use plan will serve to direct development,
manage the pattern and character of future growth, preserve valued areas and lands, and
protect neighborhoods. Urban design and the aesthetics of the community are recognized as a
vital component of the quality of life of College Station residents.
The following elements will be included in this chapter:
Identification and evaluation of College Station’s community character through field work,
including a windshield survey (building upon preliminary inventory work completed during
Phase I). This element will include an analysis of the character and urban form of different
areas of the community, focusing on existing development characteristics and future
development potential.
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A land use plan will be developed for the existing city limits and defined urban growth area
for the time horizon of the Comprehensive Plan based on the need to protect existing land
uses and provide for future economic opportunities. The Land Use Plan will illustrate both
the pattern and the character of future growth and will provide guidance on how and where
College Station will develop in the future. KKC will calibrate and apply its SAVES
(Strategic Analysis: Vision Evaluation System) growth and land use scenario model to
calculate the spatial requirements for future land use based upon population and economic
growth forecasts, in relation to available developable areas (and this work will be
coordinated with related SAVES efforts under the Growth Management & Capacity task).
Recommend amendments to the Unified Development Ordinance regarding the
delineation and specification of character-based zoning districts. This will be closely
coordinated with the ordinance evaluation for the Implementation & Administration task and
will particularly focus on the non-residential districts. Narrative description will be provided
regarding the proposed changes to the zoning district structure and content and the
similarities and contrasts to the existing districts and standards.
An urban design and community appearance element will identify opportunities for
enhancing the physical character and attractiveness of the community. Public rights-of-way,
public projects, and development and redevelopment will be considered with respect to urban
design. Specific recommendations as to needed changes to the City's policies and standards
will be included.
Based on the natural environment inventory in the Existing Conditions Report, identify
opportunities for preserving College Station’s amenities and open space as a means to
enhance community character, particularly along corridors, at community gateways and in
other key areas. Consideration will be given to tree protection and canopy cover, creeks and
natural drainage areas, and the aesthetic and health benefits that these natural assets offer to
the community. Information on the benefits of density bonuses will be included.
A special focus of the Community Character chapter will be Unique Community Assets. College
Station recognizes that it has certain assets, or areas of the city, that contribute to the uniqueness
of the community. These areas provide for a sense of place and development that is
representative of the community’s values. The purpose of this element is to recognize and
incorporate existing special area plans and districts, gateways, and corridors into the
Comprehensive Plan, and to identify where further refinement of the districts or their
administration may be beneficial. In addition, the plan will establish a process for protecting,
measuring and monitoring these community assets. The following items will be included in this
element:
An administrative structure to reference and integrate existing plans into the Comprehensive
Plan, including:
- Wolf Pen Creek
- Northgate Redevelopment Implementation Plan
- Business Center at College Station Master Plan
- City of College Station City Center Master Plan
- Texas A&M University Campus Master Plan
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An administrative structure to define, preserve, protect, and enhance the gateways to College
Station that impact economic well-being and aesthetics to and through the community,
including:
- University Drive
- SH 6 / Texas Avenue
- SH 6 / William D. Fitch Parkway
- SH 6 / Rock Prairie Road
- South College Avenue
An administrative structure to define, preserve, protect, and enhance key corridors within
the community that impact economic well-being and aesthetics in College Station, including:
- University Drive
- Earl Rudder Freeway South
- Texas Avenue
- Wellborn Road
- Future Medical Area (SH 6, Rock Prairie Road & William D. Fitch Parkway)
Identification of opportunities for future partnership and cooperation with area educational
systems (College Station Independent School District and Texas A&M University) to
promote good urban design and provide enhanced facilities and expanded educational
opportunities for College Station citizens. This element will include identification and
recognition of these entities’ plans for future expansion, growth and development.
Development of criteria and a methodology for the identification and protection of future
community assets.
Deliverables:
Community character and urban form analysis (interim narrative and graphics for
preliminary staff review prior to delivery of the complete draft of Chapter 2).
Land Use Plan background, description and rationale (interim narrative and graphics for
preliminary staff review prior to delivery of the complete draft of Chapter 2).
Preliminary outline of UDO and zoning district issues and potential recommendations likely
to be addressed in Chapter 2 (interim information for preliminary staff review prior to
delivery of the complete draft of Chapter 2).
Urban design and community appearance findings and preliminary outline of potential
recommendations likely to be addressed in Chapter 2, including community character
considerations related to environmental assets (interim narrative and graphics for preliminary
staff review prior to delivery of the complete draft of Chapter 2).
Preliminary outline of administrative structure considerations and likely direction in Chapter
2 related to Unique Community Assets (interim information for preliminary staff review
prior to delivery of the complete draft of Chapter 2).
Preliminary outline of criteria and methodology considerations related to the identification
and protection of future community assets (interim information for preliminary staff review
prior to delivery of the complete draft of Chapter 2).
Chapter 2, Community Character, of Comprehensive Plan document (draft and final).
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Map figures: (1) Existing Community Character, (2) Land Use Plan, and (3) Community
Assets (highlighting special areas/districts/sites, key corridors, and gateway locations) – and
reference to the Existing Land Use and Existing Zoning map figures in the Existing
Conditions Report.
Neighborhood Integrity
The purpose of this chapter is to ensure the continued viability and long-term protection of
College Station's neighborhoods. Neighborhoods are recognized as making the community
unique and contributing to residents’ quality of life. Issues such as historic preservation,
property maintenance, land use adjacency, neighborhood traffic and student housing can
have an impact on the quality and stability of neighborhoods. This chapter will provide
guidance for making decisions about the compatibility and appropriateness of proposed
developments in context with their immediate and surrounding neighborhoods.
The following elements will be included in this chapter:
A housing element, the data for which will be developed through field work, including a
windshield survey, to evaluate the community’s existing housing stock and future housing
needs. Existing housing market data from the 2000 Census, as well as the housing condition
assessment conducted during the 1997 Comprehensive Plan process (and provided in the
2005-09 Consolidated Plan) will supplement the field work.
Identification and evaluation of neighborhood character through field work, including a
windshield survey, and analysis of the pattern and character of College Station’s existing
neighborhoods. Neighborhood identity will also be addressed – what makes each
neighborhood special?
A historic preservation element based on the findings from the Historic Preservation Study
and Historic Resources Survey that has been commissioned by the City. This element will
include recommendations on policy and code amendments to reduce teardowns in older
neighborhoods and ensure that infill development is compatible in scale and character.
(Through its review role for this element, KKC will offer insights and suggestions given its
specialization in teardown impacts and the “too big house” phenomenon.) Consideration will
be given to the impacts of infill development in older residential areas and their proximity to
Texas A&M University.
A neighborhood enhancement element which recommends changes to the City’s policies
and standards, including those related to single-family property maintenance issues.
Discussion of gentrification considerations, which can be both a benefit and a concern in
older neighborhoods. Opportunities for preserving neighborhood character while improving
physically deteriorated areas will be identified.
A neighborhood protection element addressing issues and concerns regarding land use
adjacency, student rental housing, neighborhood traffic, and infill development. Areas where
existing or future adjacency issues may arise will be identified, and needed policy and code
changes will be recommended to ensure that existing neighborhoods are adequately protected
from future development. Existing and desired land uses on the fringe of existing
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neighborhoods will be identified, and the potential impact of future development on the
pattern of a neighborhood will also be considered.
Deliverables:
Chapter 3, Neighborhood Integrity, of Comprehensive Plan document (draft and final).
Map figures: (1) Existing Neighborhood Areas, and (2) Historic Resources – and reference
to the Existing Housing Inventory map figure in the Existing Conditions Report.
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Economic Development
Recognizing that economic development is impacted and shaped by numerous
community variables, this chapter will identify, define and analyze the major components
and programming elements impacting and driving economic development, redevelopment
and reinvestment in College Station. In addition, a major outcome of this overall process will
be the refinement and packaging of an economic development program and structure that is
unique to the community and a tangible product of its many stakeholders. Finally, a major
end result of this effort will be a fully developed economic development plan and
reinvestment strategy that is customized to the unique needs of College Station. This
multifaceted plan will include economic development goals, strategies, and the necessary
implementation actions to see it fully realized.
Deliverables:
Chapter 4, Economic Development, of Comprehensive Plan document (draft and final).
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Parks, Art & Leisure
The purpose of this chapter is to recognize and ensure the continued protection and
enhancement of the cultural resources and leisure opportunities available to the citizens of
College Station. College Station enjoys a diverse and educated population, and the City will
support and celebrate this vital component of local quality of life. In addition, the City
recognizes the value of leisure and the natural environment and their effects upon the
physical and mental health of its citizens.
The following elements will be included in this chapter:
The proposed Parks Master Plan will be reviewed and revised to ensure continuity with
future growth patterns. The master plan will identify existing and future improvement needs
and generalized locations for future parks consistent with the identified character of the area
that each park is intended to serve. KKC will summarize key elements of the master plan for
incorporation into the plan chapter, and results of this element will also be integrated into the
Land Use Plan under the Community Character task.
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The Greenways Master Plan will be integrated into the Comprehensive Plan. Specific
policies and implementation strategies related to acquisition, land development and
preservation will be identified. The results of this element will be coordinated with the
Thoroughfare Plan under the Transportation task, and integrated into the Land Use Plan
under the Community Character task.
This chapter will also emphasize recognition and support of the Arts, including art in public
places and the performing and visual arts. A methodology for preservation and protection
will be included.
Deliverables:
Preliminary summary narrative and graphics drawn from the City-updated Parks Master Plan
for potential inclusion in Chapter 5 (for preliminary staff review and concurrence prior to
delivery of the complete draft of Chapter 5).
Preliminary summary narrative and graphics drawn from the City’s Greenways Master Plan
for potential inclusion in Chapter 5, along with a preliminary outline on potential policy and
implementation strategies likely to be addressed in Chapter 5 (interim information for
preliminary staff review prior to delivery of the complete draft of Chapter 5).
Preliminary outline of priority arts-related issues and strategies likely to be addressed in
Chapter 5 (interim information for preliminary staff review prior to delivery of the complete
draft of Chapter 5).
Chapter 5, Parks, Art & Leisure, of Comprehensive Plan document (draft and final).
Map figures: (1) Existing Parks and Service Areas, and (2) Future Park System.
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Transportation
A transportation plan is a vital component of a Comprehensive Plan to ensure adequate
preservation of rights-of-way concurrent with new development. The purpose of this task is
to ensure orderly development of the community’s transportation network considering not
only facilities for automobiles but other modes of transportation as well, such as pedestrian
and bicycle improvements and other mobility issues applicable to community goals and
objectives. The transportation plan will include a Thoroughfare Plan to address foreseeable
transportation improvement needs over the 20-year planning period. The Thoroughfare Plan
will describe the transportation system needed to support the proposed future land use, as
well as to provide consideration of preservation of future rights-of-way in development plans
and subdivision platting to accommodate the transportation system needed to support that
development.
The following elements will be included in this chapter (to be led by subconsultant Kimley-
Horn & Associates – KHA):
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An updated thoroughfare plan for the existing city limits and future growth area in south
Brazos County will provide for a balanced transportation system that provides a high level of
connectivity within the community, as well as to the region.
1) A travel demand model will be used to forecast traffic levels along each thoroughfare and
ensure that these traffic levels are consistent with the thoroughfare type.
a. Update and validate the base year model. This task will involve validation to counts
already available and furnished by the City. The City will be responsible for
additional counts, if needed.
b. Run up to four (4) alternative land use scenarios. This will include coordination with
KKC to validate the SAVES model with the model Traffic Analysis Zones (TAZs).
c. Include the existing thoroughfare plan alignments and any planned TxDOT facilities.
(i) Planned and existing regional transportation corridors will be considered in the
planning of the College Station transportation system. These existing corridors
include SH 6, SH 30, SH 40, FM 60, FM 2154, and FM 2818, while the following
corridors are being planned: TTC-69/I-69, SH 249, and the BCS regional loop.
2) Develop measures of effectiveness (MOEs) using the travel time index
(mobility.tamu.edu/mmp) that can be used to evaluate the transportation system’s
performance over time and between corridors. These MOEs will extend further than the
typical levels of service analysis to include transit walk sheds, street density, view
corridors, and access management.
Development of Context Sensitive Solutions (CSS) policies to encourage a transportation
system that supports and enhances the desired urban form of the community. These policies
will consider mobility needs and surrounding land uses and encourage “complete streets”
that balance each mode of transportation. This element will be coordinated with the
Community Character chapter.
1) Policy Guidelines: Developing a policy on how to develop Context Sensitive Streets is
aimed at finding the best street solution for a given area. Broad guidelines are not enough
to create the livable street environment that most communities are striving for. The key to
good street design can be accomplished by allowing flexibility while at the same time
working within a general acceptable design framework. This task will outline specific
policies that need to be implemented to achieve the goal of creating livable streets.
2) Design Guidelines: Will be developed to present a new series of street types that are
intended to marry the land use and transportation system. These street types will be
developed for various land uses and functional classes.
NOTE: This task does not include completion by KHA of additional traffic counts, design
guideline updates or revisions, or detailed intersection operations modeling.
KHA will attend up to five (5) meetings throughout the comprehensive planning process (this
assumes one KHA representative will be present at each meeting).
Deliverables:
Measures of effectiveness charts and tables.
Context Sensitive Solutions policy guidelines.
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Context Sensitive Solutions design guidelines (cross sections and bulleted or narrative
description for each section).
Chapter 6, Transportation, of Comprehensive Plan document (draft and final).
Map figures: (1) Thoroughfare Plan – and reference to the Existing Transportation System
map figure in the Existing Conditions Report.
Municipal Services &
Community Facilities
Over the last decade College Station has experienced dramatic growth that has increased
demands on all City services. The high expectations of College Station's citizens, and the
desire of City staff to deliver high quality services, necessitates careful and thoughtful
planning to ensure municipal services are maintained at the highest possible level while
maintaining fiscal responsibility on behalf of the residents of College Station.
The complexity of the municipal service delivery system requires a highly integrated and
strategic approach to service delivery planning. Significant consideration must be given to
ensuring citizen and customer access to all desired services. Attention must be also given to
the cost of services – for ongoing provision as well as future expansion – so municipal
services are both cost effective to deliver and affordable to citizens.
Municipal services such as Community Enhancement, Police, Fire, Emergency Management,
Sanitation, and Development Services will be included in this chapter, along with the
following elements:
Discussion of the services available to residents of College Station, and the benefits of the
municipal services received upon annexation.
Definition of current Levels of Service. A Service Level Model will be created to define
current levels of service for six major service delivery systems operated by the City of
College Station, including (1) Public Safety, (2) Utilities, (3) Community Services, (4)
Internal Services, (5) Technology, and (6) Administration. Measurable indicators will be
created for current service levels. A discussion of financial commitments needed to support
current levels of service will be included in this element.
Development and recommendation of three Policy Directives based on current service levels
and using the Service Level Model: (1) a gap analysis of current service levels, (2) a policy
statement on desired levels of service for each business line, and (3) goals for service levels
for each business line.
Discussion of philosophies on the use of technology to deliver and enhance services.
Refinement of a Future Municipal Service Paradigm. Municipal services must respond to
the growth and development of College Station. Based on the Current Service Level Model
and the policy directives, proposals will be presented to provide municipal services at the
agreed upon service levels represented in the Policy Directives. A Future Municipal Service
Matrix will be created which strategically identifies how the City will respond to future
growth and development. A fiscal impact analysis will also be prepared to quantify the
Future Municipal Service Matrix.
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This plan chapter will also address community facilities, which are another significant City
responsibility and a major component of College Station’s physical, social, and economic
fabric. Such facilities help define the identity of the community and contribute to College
Station’s social and economic prosperity. Through the development of a thoughtful facilities
plan, the City will meet both the needs of the community and the needs of City employees.
Population growth and geographic expansion represent significant challenges to the City of
College Station. Planning for community facilities, staffing, and equipment must be done
well in advance to avoid gaps in services. Along with new construction, adequate attention
must be given to expansion, maintenance, and modernization of existing facilities.
Facilities often involve major capital investments and time. Affordability must be balanced
with community needs. As such, new facilities must be prioritized in terms of strategic
importance to the community to address current and future growth needs. The community
facilities portion of this chapter will be prepared in the context of the Community Vision,
Goals and Policies adopted by City Council.
The following elements related to community facilities will be included in this chapter (and
will be coordinated with the Land Use Plan under the Community Character task):
An inventory and assessment of the City’s current facilities (as itemized below),
recognizing that they serve a broad spectrum of purposes in support of the various programs
and services delivered to College Station citizens.
- Fire
- Police
- Library
- City Center (including City Hall and all municipal buildings)
- Convention Center/Hotel
- Support facilities (maintenance yards, storage facilities, etc.)
- Communications & Technology Infrastructure
- Parking facilities
- Landfill
- Utility facilities (i.e., wastewater treatment plant)
Description of future needs based on the City’s anticipated growth and geographic
expansion. Consideration will be given to municipal, state and national standards for various
services and programs; service level commitments; and a forecast of conditions under which
the facilities will be expected to function.
Recommendations related to the library system expansion will be developed based on
future growth projections.
Deliverables:
Chapter 7, Municipal Services, of Comprehensive Plan document (draft and final).
Map figures: (1) Community Facilities (existing facilities plus future needs).
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
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Growth Management & Capacity
The main emphasis of this chapter is to guide the future development of College Station in a
responsible, controlled manner. This approach should be supported by policies that
encourage compact and focused development and redevelopment in areas with adequate
infrastructure while preserving open space and neighborhood character, as appropriate. The
growth management element will provide the context for future annexations of
unincorporated land into College Station and establish strategies to insure that these new
areas meet the overall vision, goals and objectives of the plan.
Critical to growth management and capacity considerations is the current status of and
outlook for the City’s utility infrastructure systems. Utility services are driven by a number
of factors, including Certificate of Convenience and Necessity (CCN) geographic service
territories, projected land use and densities, the transportation network, existing population
and projected growth, annexation, and regulatory requirements. Utility system upgrades and
expansions must be planned well in advance to meet projected peak demands and must be
commensurate with the City's financial capabilities. Maintenance of existing systems and
impact on current utility rates are other fundamental considerations. This plan chapter will
include summary information on key findings, policy recommendations, and strategic
priorities contained in the City’s utility master plans (which the City is in the process of
updating), including master plans for water, wastewater, storm water and drainage
management, electric, solid waste, and water reuse.
The following elements will be included in this chapter:
Description of the capacity of existing facilities and infrastructure to support future
growth, through summarization of the utility system and facility assessments contained in the
City’s various utility master plans. Information will also be included on CCN service
territories and other service providers in the City’s growth areas.
Description of projected infrastructure needs based on projected future population and the
Land Use Plan, and through summarization of utility master plan information and
conclusions.
Identification of areas that can accommodate the requisite acreage for future growth
and development based on analysis conducted using KKC’s SAVES model. This will lead
to recommendations regarding where infrastructure capital investments and future
annexation activity by the City should be focused. SAVES will be used to quantify more
precisely the spatial requirements for accommodating projected growth (in coordination with
the Land Use Plan effort under the Community Character task). Two (2) future growth and
development scenarios for College Station will be generated, including a “baseline” scenario
based on the City’s current adopted land use plan, and one other potential scenario for
review, modification and consideration. SAVES will project various impacts associated with
the modeled scenarios (including factors such as population, employment, housing
requirements, school enrollments, trip generation, and park demands). As part of this
modeling process, the community will be divided into no more than 15 planning districts to
be developed by KKC in coordination with City staff. Other geographic units for modeling
and impact scenario planning (such as watersheds, public safety and community facility
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service areas, park zones, traffic analysis zones, etc.) may be generated on an additional
services basis.
A review of existing annexation plans, with recommendations on timing and areas for
future annexations, in part based on the availability of adequate public facilities and services.
This element will also include information on municipal services gained by ETJ residents
and properties upon annexation.
Specific recommendations to discourage the unlimited outward growth of the community
and encourage infill development in the core.
Specific recommendations related to funding sources and ways to pay for and manage
growth through such financing mechanisms, including impact fees and user fees.
Deliverables:
Preliminary summary narrative and graphics describing the capacity of existing facilities and
infrastructure, as drawn from the City’s various utility master plans, for potential inclusion in
Chapter 8 (interim information for preliminary staff review prior to delivery of the complete
draft of Chapter 8).
Preliminary summary narrative and graphics describing projected infrastructure needs, as
drawn from the City’s various utility master plans, for potential inclusion in Chapter 8
(interim information for preliminary staff review prior to delivery of the complete draft of
Chapter 8).
Memorandum on KKC’s SAVES modeling approach for College Station following initial
data acquisition efforts and meetings and staff interaction (for staff feedback prior to
initiating SAVES modeling efforts).
Preliminary narrative and graphics regarding the SAVES modeling results and associated
planning issues and potential policies and recommendations likely to be addressed in Chapter
8 (interim information for preliminary staff review prior to delivery of the complete draft of
Chapter 8).
Preliminary outline of findings and potential discussion and recommendations likely to be
addressed in Chapter 8 related to annexation planning (interim information for preliminary
staff review prior to delivery of the complete draft of Chapter 8).
Preliminary outline of potential policies and recommendations likely to be addressed in
Chapter 8 related to sprawl prevention, infill encouragement, and financing strategies in
support of more effective growth management (interim information for preliminary staff
review prior to delivery of the complete draft of Chapter 8).
Chapter 8, Growth Management & Capacity, of Comprehensive Plan document (draft and
final).
Map figures: (1) Growth Trends & Potential Annexation Phasing, (2) individual utility
master plan maps (as appropriate), and (3) Generalized Future Utility System Needs – and
reference to various growth-related map figures and the Existing Utility Service Areas map
figure in the Existing Conditions Report and under the Community Character and
Transportation tasks.
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Implementation & Administration
The final phase of the comprehensive planning process will involve development of an
administration element to guide implementation efforts and ongoing monitoring. The
Comprehensive Plan will be the basis for decision-making on the future development of the
City of College Station. The purpose of the administration element is to establish
accountability for the implementation of the Comprehensive Plan and provide guidance on
the processes to maintain its relevance to the City and its citizens.
The following elements will be included in this chapter:
An implementation plan, recognizing that specific actions will be required to help realize
the future goals of the Comprehensive Plan. To this end, it will be necessary to develop both
long- and short-range implementation strategies with an action timeframe and the assignment
of responsibilities to specific entities.
Itemization and discussion of specific ordinance recommendations for effective plan
implementation.
An evaluation system for checking the implementation strategies against the goals of the
Comprehensive Plan. The system will include specific measures that will be assessed on an
annual basis and reported to the City Council.
A defined update process, recognizing that while plans are created with the most accurate
information and input available at the time, unforeseen situations and circumstances may
necessitate minor alterations in individual elements of the Comprehensive Plan. Goals of the
plan will not be considered negotiable, but processes will be defined to allow City Council to
consider changes that may benefit the City as a whole in light of the goals. Also, pressures of
growth may compel specific study beyond what can be provided through the overall plan.
Processes will be defined for the initiation and consideration of these detailed studies that
will enhance the implementation of the Comprehensive Plan. All update processes will
incorporate public input.
Deliverables:
Preliminary outline of KKC’s planned approach to Chapter 9, including key implementation
considerations and procedures likely to be addressed in the chapter based on the results of
Phase II to this point (interim information for preliminary staff review prior to delivery of the
complete draft of Chapter 9).
Preliminary outline of initial findings and likely observations and recommendations to be
included in the eventual ordinance evaluation memorandum (interim information for
preliminary staff review prior to delivery of the complete memorandum).
Chapter 9, Implementation & Administration, of Comprehensive Plan document (draft and
final).
Summary memorandum outlining the ordinance evaluation findings and recommendations.
Project Deliverables
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KKC will provide deliverables through each task of the Comprehensive Plan project. These
deliverables will facilitate advisory committee working meetings, periodic releases of
information to the media and public, and the orderly completion of the project.
KKC recognizes that all reports, maps and other deliverables prepared or developed in
satisfaction of this contractual work program become the property of the City, including all
printed deliverables and associated digital files (including GIS shapefiles). All interim project
deliverables will be provided to the City in Adobe *.pdf format for ease of file transfer,
reproduction and distribution to the advisory committee, Planning & Zoning Commissioners,
City Council, and appropriate City staff members. The *.pdf versions are also suitable for
posting on the City’s website. Concurrently, KKC will provide the native electronic files
associated with each deliverable. Likewise, as City personnel complete draft chapters, maps,
graphics or other work products for which they are responsible under this work program, the
City will provide both *pdf versions and the native electronic files to KKC for review purposes
and so KKC can maintain all electronic files related to the emerging plan document.
Upon project completion, KKC will deliver the following:
Hard copies in an amount of thirty (30) full-color copies of the final adopted Comprehensive
Plan document (in three-ring binder format), including all maps (as printed and provided to
KKC by the City), illustrations and related attachments.
The SAVES software will be released to the City upon project completion. On-site training
for City staff will be conducted upon substantial completion of the model. KKC will then
provide up to eight (8) hours of service and maintenance support over a one-year period.
Any further technical assistance needed would be provided on an additional services basis.
After the first year, a maintenance and service agreement may be executed to allow ongoing
technical support and provision of software upgrades (the cost of this service would be on an
hourly basis of $125 per hour or negotiated through an annual service agreement).
Whenever City staff or consultant personnel review draft deliverables prepared by the other
party, it will be the responsibility of the City’s Project Director or the consultant Project
Manager, respectively, to coordinate, compile and forward in a consolidated manner all review
comments on and requested/ suggested revisions to such deliverables. While some deliverables
may require several rounds of review and revision to ensure that all content issues have been
satisfactorily addressed and quality standards met, it benefits all project participants to establish
an orderly and concise process for tracking, transmitting and responding to review comments to
maintain the integrity of the project timeline and budget. In the case of review comments
provided by the City, guidance from the Project Director should be included, as needed, on
whether and how the consultant team should address certain comments which may be for
information only (e.g., comments from advisory committee members or other outside reviewers)
versus those involving specific, staff-recommended revisions.
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Exhibit “B”
Payment Terms
Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be
payable by the City pursuant to the percentage complete and written acceptance by the City.
Community and Leadership Participation $25,040
Plan Introduction $1,260
Existing Conditions $5,420
Community Character $42,240
Neighborhood Integrity $3,120
Parks, Art & Leisure (Parks Master Plan) $15,520
Economic Development $1,560
Transportation $54,050
Municipal Services & Community Facilities $3,000
Growth Management & Capacity $43,360
Implementation & Administration $15,600
Total Professional Fees $210,170
Reimbursable Expenses (travel & subsistence) $6,320
Reimbursable Expenses (reproduction, supplies, etc.) $6,500
Total expenditures not to exceed $222,990
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June 26, 2008
Regular Agenda Item 6
Comprehensive Plan Update - Phase II Contract Amendment No. 2
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action and discussion regarding the
approval of an amendment to the contract for consulting services (Contract #08-
041) with Kendig Keast Collaborative for the preparation of Phase II of a new
Comprehensive Plan.
Recommendation(s): Staff recommends approval of the attached contract
amendment for consulting services by Kendig Keast Collaborative (KKC) for Phase II
of the Comprehensive Plan.
Summary: In November 2007, the Council approved a contract with KKC in the
amount of $322,590 for the development of Phase II of the Comprehensive Plan
update.
In January 2008, the contract was amended to revise the indemnity language
contained in the approved contract.
At this time, staff seeks to amend the contract with KKC to remove the economic
development responsibilities as a result of failure to provide the required services.
Staff will perform some of the services with the remainder performed by a consultant
specializing in economic development This amended will reduce the contract amount
by $99,600 to $222,990, though the removed funds will be used to retain the new
consultant for the required services This amendment does not alter any other
provisions of the original contract.
Budget & Financial Summary: NA
Attachments:
1. Contract Amendment No. 2
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AMENDMENT NO. 2 TO CONSULTANT CONTRACT NO. 08-041
BETWEEN THE CITY OF COLLEGE STATION AND KENDIG
KEAST COLLABORATIVE
WHEREAS, the City of College Station (the “City”) and Kendig Keast Collaborative (“KKC”)
entered into a Consultant Contract on November 2, 2007, for consulting services for Phase II of
the Comprehensive Plan Update; and
WHEREAS, the original contract was approved by the City Council on November 2, 2007; and
WHEREAS, the original contract was amended by Amendment No. 1 on January 24, 2008; and
WHEREAS, the City desires now to amend the original contract as amended to revise the
payment provisions and the scope of work to make the Economic Development element a City-
led task, and thereby amending Exhibit “A” (Scope of Services) and Exhibit “B” (Payment
Terms) of the Consultant Contract; and
WHEREAS, the City and KKC agree to amend Exhibit “A” and Exhibit “B” of the Consultant
Contract by removing Economic Development from the Scope of Services;
NOW THEREFORE, for and in consideration of the recitation above and covenants expressed
herein below, the parties agree to amend the original contract as follows:
1. Article I is amended to revise the payment provision for the project as follows:
1.03 The total amount of payment, including reimbursements, by the City to
Contractor for all services to be performed under this Contract may not, under any
circumstances, exceed Two hundred, twenty-two thousand, nine-hundred and ninety
dollars, and NO/100 ($ 222,990.00).
2. Exhibit “A” (Scope of Services) of the Consultant Contract is replaced in its entirety with
the attached Exhibit “A.”
3. Exhibit “B” is replaced in its entirety with the attached Exhibit “B.”
4. All other terms and conditions of the Consultant Contract as amended remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to
Consulting Contract as of June 29, 2008.
KENDIG KEAST CITY OF COLLEGE STATION
COLLABORATIVE
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Exhibit “A”
Scope of Services
Work Program - Comprehensive Plan Phase II
Under contract to the City of College Station (COCS), Kendig Keast Collaborative (KKC)
will continue, in a second phase of work (“Phase II”), to assist the City to update its
Comprehensive Plan. KKC will be supported in this effort by subconsultant Kimley-Horn &
Associates, Inc. for Transportation. This consultant involvement and facilitation will be
carried out according to this Work Program and contingent upon the support services
outlined under the sections, “City Expectations” and “Joint Expectations.”
Background
The City of College Station began the process of re-writing its Comprehensive Plan in mid
2006. The purpose of the new Comprehensive Plan is to create a more workable policy
document that will help guide decisions about the future growth and development of the
community. The Comprehensive Plan is a statement of the community's vision for the future
and a guide to achieving that vision. It will anticipate growth and guide that growth in a
manner that provides College Station with a balance of land uses that promote economic
growth, while retaining the quality of life enjoyed by its residents.
The City is updating the Comprehensive Plan in order to:
determine College Station’s vision for the future;
decide which types of development opportunities are compatible with the vision;
determine where and how College Station should grow;
provide guidance in making land use and transportation decisions;
preserve and improve the integrity of neighborhoods and overall quality of life;
promote economic development;
ensure that the City meets the expectation of its residents in the delivery of services; and
remain fiscally responsible on behalf of the citizens of College Station.
The Comprehensive Plan will be the guiding policy document for the decisions that are made
for the community.
The development of the Comprehensive Plan is being completed in two phases. The first
phase included the creation of a vision by the community, and goals and policies to support
the vision. The first phase was completed in August 2007. Phase II of the Comprehensive
Plan is anticipated to be complete in late 2008.
Delineation of Responsibilities
for Work Program
The purpose of this Work Program is to facilitate the preparation and adoption of the second
phase of the Comprehensive Plan. This scope of work describes the chapters and elements
associated with the preparation of the City of College Station's Comprehensive Plan. The
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chapters outlined in the following pages include work by both the consulting team and
City staff. In order to create a plan that is unique to the City of College Station, City staff,
with participation from the Comprehensive Plan Advisory Committee (CPAC), will craft
several of the plan elements in cooperation with the consulting team. The expectations of the
consulting team and City staff are outlined in the table below and then described in more
detail in the sections that follow.
Responsibility for Comprehensive Plan Chapters/Elements
Plan Chapter Lead
Responsibility Comments
Introduction COCS - KKC review (of City-
prepared plan chapter)
Existing Conditions
Report (separate from
Plan document)
COCS - KKC review
Community Character
- including Unique
Community Assets
element
KKC
Neighborhood Integrity COCS - KKC review
Economic Development COCS - KKC review
Parks, Art & Leisure COCS / KKC
(Parks Master
Plan Update)
- KKC summarization of
Parks Master Plan key
elements in plan chapter
Transportation KHA
(KKC Sub)
Municipal Services &
Community Facilities
COCS - KKC review
Growth Management &
Capacity
- including Utilities
element
KKC
COCS
(Utility Master
Plan Updates)
- KKC summarization of
Utility Master Plan key
elements in plan chapter
Implementation &
Administration
KKC
NOTE: In the table above and throughout this Work Program, text in
black indicates items which are the responsibility of the consultant
team while items in maroon are the responsibility of the City.
Consultant Expectations
The consulting team will:
Identify a single individual as the consultant team’s Principal in Charge, who will have
ultimate responsibility for the performance of the contractual services, and another individual
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as the consultant Project Manager, who will serve as the consultant team’s primary point of
contact and source of day-to-day work program direction for this collaborative planning
effort involving City and Consultant personnel, resources, and capabilities.
Provide monthly written progress reports to the City in a format that clearly indicates
completion of –or significant interim steps in preparation for or toward completion of – all
project deliverables and meetings specified in this work program. The reports will also
indicate activities scheduled for the next progress report period and document any project
delays or difficulties encountered and measures taken in coordination with City staff to
overcome them.
Provide general direction – and direct assistance as specified in this Work Program – on
tasks that are identified to be led by City staff.
Establish document templates and associated style rules for all plan chapters and map figures
to be included in the plan document to ensure consistent organization, format, appearance
and quality.
Prepare brief, bulleted summaries of key points raised, questions discussed, and follow-up
actions identified during project meetings for which KKC is the lead facilitator (not to
include meetings which City staff lead and KKC personnel only attend/observe).
Review and provide comments on all draft and revised plan chapters/elements prepared by
City staff, and have responsibility for identifying necessary revisions to all plan
chapters/elements to address consistency in writing styles and in planning philosophy
throughout the plan document. (City staff will be responsible for making all revisions to
City-prepared plan chapters/elements based on specific consultant – and CPAC/other –
review comments. The consultant team will not be involved in any rewriting of City-
prepared draft text or drafting of new or supplemental text in City-prepared plan
chapters/elements except as specified for particular tasks in this Work Program.
Additionally, the consultant team will not be responsible for the accuracy of technical data
and/or content included or cited in any chapters/elements prepared by City staff.)
Provide information and guidance on recommended ordinance changes and sample ordinance
provisions based on the proposed Comprehensive Plan goals, policies and actions.
Package all the final, approved plan chapters into a single, cohesive document which meets
both the consultant team’s and the City’s quality standards.
Oversee the production and delivery to the City of the as-adopted comprehensive plan
document, including all illustrations and related attachments, and incorporating all final map
figures as printed and provided to KKC by the City (in the quantity specified in the Project
Deliverables section of this Work Program).
Joint Expectations
Both the City and the consulting team will jointly be responsible for:
Completing project status conference calls at least every three weeks throughout the duration
of the project, including sharing by City staff of an up-to-date “project log” of plan-related
activities, meetings, and work items completed by City staff (similar to that maintained by
KKC throughout the project).
Allotting time for City staff and consultant team representatives to meet on the day of
scheduled meetings in College Station, prior to such meetings (i.e., CPAC, P&Z, public
events, etc.), to coordinate on project issues and/or final meeting preparation and logistics.
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Preparing and maintaining a workable and detailed project schedule (of all deliverables and
meetings) for the Phase II Work Program that ensures steady progress and prompt results
while assuring adequate time for citizen and stakeholder involvement and meaningful review
and comment prior to formal public hearings and adoption procedures. This schedule must
especially clarify the planned work flow and associated coordination and interaction between
City staff and the consultant team to ensure that all project milestones are met in a timely
manner and the overall Phase II schedule is maintained throughout – allowing for appropriate
and mutually agreed upon adjustments along the way based on project developments. An
initial schedule will be drafted as an immediate work item as soon as Phase II is
initiated.
Establishing mutually agreed upon deadline dates by which draft plan chapters/elements or
other project handouts or materials to be prepared by either party must be ready and available
for distribution or release – or for internal review and comment by the other party – prior to
scheduled project meetings or events (and original and/or PDF versions of such materials
shall be promptly delivered to the other party via email or FTP). In particular, all deliverables
associated with a meeting, as prepared by the consultant team or City staff, shall be provided
to the other (reviewing) party no less than three (3) weeks prior to the meeting. The
reviewing party will have one (1) week to review the materials, which will be revised based
on the review comments and provided one (1) week in advance of the meeting.
Sharing relevant reference materials, data (and data sources), photos/graphics, and electronic
files that both parties have acquired and/or should be aware of as general background
information or as a potential input to preparation and/or revision of certain plan
chapters/elements, presentations, or other project materials.
Establishing a GIS data structure, through coordination between appropriate City and
consultant technical personnel, to ensure the efficiency and reliability of necessary data-
sharing throughout the project. The City will be responsible for printing/plotting all draft and
final maps during the project. KKC will provide the City a “map layout” for use as a
template, consistent with the overall plan document format, for all map figures the City is
responsible for preparing. For those maps KKC is responsible for preparing, KKC will
provide the City appropriate data files (shapefiles) for the City to use in creating and printing
the maps for stakeholder/public distribution.
Assuring the basic quality of all work products prepared and delivered by each party to the
other through internal review and quality control procedures by both the City and consultant
team. All deliverables should receive final internal review and be delivered by the City’s
Project Director and the consultant Project Manager, respectively. Any work product that
upon delivery is found to be substantially below basic quality standards (e.g., not prepared in
agreed-upon templates, not following agreed-upon organization and style rules, containing
extensive spelling and/or grammatical errors, etc.) will be returned for further attention prior
to review by the other party.
Preparing for and leading presentations and facilitating discussions at project meetings and
briefings (CPAC, Planning & Zoning Commission, City Council, public meetings, etc.),
depending on whether the consultant team or City staff had lead responsibility for preparing
the relevant plan chapter/element or other information/materials to be covered at each
respective meeting or briefing. Necessary handouts or graphic aids for all meetings will be
prepared by the lead party (City or consultant team), unless otherwise specified in this Work
Program or mutually agreed upon in advance of a particular meeting or event.
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Exchanging with the other party, upon project completion, electronic files on compact disc of
all plan-related documents in their native format (e.g., Microsoft Word, Excel, PowerPoint;
ESRI-compatible formats, etc.), including all supporting graphics, tables, illustrations, maps,
and other elements of the plan.
City Expectations
The City of College Station will:
Identify a single individual as the City’s Project Director, who will serve as the City’s
primary point of contact and source of day-to-day work program direction for this
collaborative planning effort involving City and Consultant personnel, resources, and
capabilities.
Provide the consultant team written summaries, and copies of any handouts/materials, from
all plan-related meetings not attended by the consultant team members.
Provide to the consultant team all available data, maps, air photos, previous
reports/plans/studies, and other information that is available to the City in digital format and
is pertinent and necessary for development of each plan chapter/element for which the
consultant team is primarily responsible. Prompt compilation and delivery of such resource
materials to the consultant is an essential prerequisite for initiation of the Comprehensive
Plan process and timely progress on various initial study tasks. The City will reproduce all
hard-copy materials such that they will not require return upon project completion (or will
provide materials in PDF or other readily usable electronic formats).
Based upon guidance provided by the consultant team, make contacts with agencies and
organizations for data collection and coordination purposes, obtain necessary data and
electronic maps, arrange meetings as needed, and make these entities aware of the
comprehensive planning process.
Ensure that key City personnel, advisory board members, and elected officials will
participate as needed in the planning process and be available upon request, through
arrangements made by the City’s Project Director, to provide information and referrals and
offer opinions, insights, and suggestions that are necessary for development of the various
plan chapters (for City staff, this will occur particularly through the Staff Resource Team, or
SRT). This will include potential formal or informal meetings and briefings with City
Council as specified in this Work Program.
Immediately upon initiation of Phase II, provide an updated, detailed list of spatial data and
mapping that the City can make available for the project, including data sets and layers/GIS
coverages already developed/maintained by the City for its entire planning area or readily
available to the City from other sources, such as the Brazos County Appraisal District. This
will enable the consultant team to identify and confirm any new data/information that has
become available since the initial data delivery from the City at the start of Phase I.
Reproduce and forward each draft project submittal provided via email by the consultant
team to each CPAC member and key City staff members. In addition, each draft deliverable
will be provided to the City Council for courtesy review and discussion as the plan update
process proceeds. An item should be added to the Planning & Zoning Commission and City
Council agendas throughout the duration of the comprehensive planning process to provide
ongoing discussion opportunities for the Commission and Council and to allow for overall
direction of the plan update. City staff will be responsible for providing briefings to the
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Commission and Council at regular intervals throughout the process, except where
consultant-led briefings are provided for in this Work Program.
Conduct public information activities in conjunction with major public meetings and other
fitting project milestones. The City will be responsible for news media contacts, preparation
and distribution of news releases and any other public information materials, and posting of
meeting notices and project information and updates on the City’s website.
Use the City’s website to disseminate information and inform, update and educate the public
about the ongoing comprehensive planning process. The consultant team will provide
already-completed Microsoft Word documents or ArcView GIS maps in PDF format, which
can be easily posted on the City’s website.
Provide ongoing administrative support for the CPAC, which was established during Phase I.
One or more members of the Planning & Zoning Commission and City Council should be
included for liaison and tracking purposes throughout the project. The City’s support services
will include arranging meeting locations, preparing and distributing meeting notices, and
preparing and reproducing agendas and other handouts (from a reproducible original
provided by the consultant team when the consultant team had lead responsibility for
preparing such materials). The City will also provide three-ring binders with section dividers
for all CPAC members, involved City officials and staff, and others as needed for purposes
of organizing and maintaining project materials throughout the process. The project
notebooks should include rosters and contact information for members of the CPAC,
Planning & Zoning Commission, City Council, and key City staff, plus the detailed project
schedule.
Arrange and provide use of public meeting facilities for each scheduled public involvement
event and meeting identified in this Work Program, including adequate setup for
presentations (sound system, screen or white wall, reduced lighting, extension cord and
power strip for multiple three-prong plugs for laptop, projector, etc.). The City’s support
services will include providing public and news media notification of public meetings,
producing/mailing/distributing notices, preparing and reproducing agendas and other handout
materials, providing sign-in sheets and otherwise documenting meeting attendance, and
providing refreshments. The City will also be responsible for inviting members of City
Boards and Commissions and representatives of other key agencies and community
organizations to attend public meetings related to the plan update process.
Commit the necessary resources to adequately prepare for and promote any significant
community outreach events to be conducted in Phase II (similar to the Citizens Congress
event in Phase I) to ensure significant attendance, participation, and media coverage. The
City might consider inviting other key community organizations to co-sponsor or “co-host”
the event and provide further logistical support. The City’s responsibilities will include
securing a meeting location with adequate setup for large gatherings and presentations
(sound system, screen or white wall, reduced lighting, extension cord and power strip for
multiple three-prong plugs for laptop, projector, etc.), creating and distributing promotional
posters and/or flyers, preparing and distributing any other public information materials,
publicizing the event through informal networks and “word of mouth” means, encouraging
major businesses and institutions to highlight the event on high-profile marquee signs and
message boards, making arrangements for snacks/beverages and entertainment (school choir
or orchestra, local musician, etc.), providing greeters and City staff or volunteers to staff a
sign-in table, assigning City staff to assist with any planned small-group breakout sessions,
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arranging for City officials to welcome attendees and provide brief opening remarks, inviting
any guest speakers as needed, arranging one or more door prizes (optional), and reproducing
a program/agenda for the event which could include an insert or “tear-off” form for
submitting written comments and ideas. KKC will provide a checklist and other guidance
and sample materials based on its experience in conducting and facilitating many similar
events in other communities.
Phase II Tasks
Community & Leadership
Participation
Community involvement is an essential part of preparing a comprehensive plan to ensure that the
plan reflects the values and priorities of the community. A broad cross section of stakeholders,
including those involved in local organizations, representatives from local and regional
coordinating agencies, and residents will be invited to participate in the continuing plan
development process to provide input and react to plan proposals toward defining the future of
the community. The public and leadership involvement process initiated in Phase I will carry
over into this phase and will be closely coordinated with potential community education efforts
envisioned by the City and to be carried out entirely by City staff.
The following activities will be included in this task:
Task Activities
Conduct a Phase II kick-off meeting with key City staff members to review the scope of
work, data/information needs, and other project logistics; formulate a detailed project
schedule; discuss the preferred format for CPAC meetings; and coordinate on the format of
plan chapters, maps and graphics so templates may be established for use by City and
consultant staff.
Participate in up to four (4) working meetings with the City’s Staff Resource Team (SRT)
during the course of Phase II, all of which will be scheduled to occur during planned project
trips.
Attend up to twelve (12) working meetings with the City’s Comprehensive Plan Advisory
Committee (CPAC) for presentation, review and discussion of plan issues, draft plan
materials, and other pertinent topics.
Attendance by one (1) KKC principal at up to two (2) additional meetings, yet to be
specified prior to project initiation, but as needed on a contingency basis during the course of
the project.
Concurrently with a planned project trip, provide a briefing to the City Council at a mid-
point in the plan development process to inform them of the project status, receive their
feedback and direction on emerging plan proposals, and ensure the plan is consistent with
their expectations.
Complete a community Open House event when an overall draft of the Comprehensive
Plan is ready for public review. Individual stations will be set up to display the various plan
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elements and maps, highlight significant action recommendations, address questions, and
allow informal dialogue and formal acceptance of public comments and feedback. The event
will be advertised by the City as an open format over several hours on one evening. KKC
will be responsible for producing an original of a one- to two-page summary of each plan
chapter, applicable exhibits, and an overview PowerPoint presentation.
Complete an extended joint workshop with the Planning & Zoning Commission and City
Council to overview the draft plan, providing an opportunity for their detailed review and
consideration.
Complete a “first-and-next-step” implementation workshop, following and held
concurrently with the joint workshop in the previous item, to identify plan implementation
priorities, timing, and responsible departments or entities. KKC will prepare a series of
poster sheets with the action recommendations that are potentially of highest priority. Then
workshop participants will each be given an opportunity to “vote” on their top priorities
(number to be determined). Upon determination of the consensus priorities, KKC will
facilitate discussion of the timing and administration of these tasks. The outcome of this
exercise will be incorporated into a summary action table in the final plan document.
Attend a City Council public hearing, at which KKC will present the highlights of the final
proposed Comprehensive Plan in coordination with City staff.
In coordination with City staff, help to identify project-related items to be posted on the
City’s website by City staff (e.g., project schedule, interim draft plan chapters and maps, and
other materials already provided by KKC in Adobe *.pdf format).
Deliverables:
One (1) reproducible original of any handouts or display materials to be distributed or on
display at particular meetings and workshops, as a supplement to the draft plan elements to
be reviewed and discussed at such meetings.
PowerPoint presentations as needed for particular meetings and workshops (draft and final).
Plan Introduction
This element will include a definition of “Comprehensive Plan,” the benefits of having a
Comprehensive Plan, a brief discussion of the importance of updating College Station’s plan,
and the relationship of the update to the 1997 Comprehensive Plan. It will also provide
background information on the comprehensive planning process, including an overview of
the public input opportunities and activities that facilitated the completion of the document.
Lastly, it will include the resulting vision for the City of College Station.
The following elements will be included in this chapter:
An educational component, including an explanation of what a Comprehensive Plan is, why
College Station has one, the benefits of the plan, and the City’s authority to adopt a
Comprehensive Plan.
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An explanation of the Comprehensive Plan process used, including public input
opportunities, the role of the Comprehensive Plan Advisory Committee (CPAC), the Staff
Resource Team (SRT), the Planning & Zoning Commission, and the City Council.
The definition and delineation of the Comprehensive Plan study/planning area, which will
include the existing city limits and extraterritorial jurisdiction (ETJ) plus any immediate
contiguous areas that could reasonably be added to the ETJ over the 20-year plan horizon
through annexation activity by the City.
The Vision for the City of College Station, including a graphic demonstration of the
relationship between the vision and the plan goals and policies.
Deliverables:
Chapter 1, Introduction, of Comprehensive Plan document (draft and final).
Map figure: (1) Comprehensive Plan study/planning area.
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Existing Conditions Report
To develop a meaningful plan, it is important to know what kinds of growth pressures are
expected to influence the City’s future. Trends, projections, and assumptions provide numerical
benchmarks to help determine if the plan is realistic and reasonable. To that end, a thorough
understanding of the existing conditions serves as the springboard for drafting the chapters of the
plan. This report will provide a detailed description of the planning area’s natural and built
environment. It will also include a demographic and economic profile of the planning area.
The following elements will be included in this report:
A brief historical background on the City of College Station.
Brief description of College Station’s regional context, including its relationship to the
adjacent City of Bryan.
Information on current demographics and community trends, including population
information, median age, household size, growth trends, building permit activity, etc.
A housing inventory, to include information on the current inventory of dwelling units
(single-family, duplex, and multi-family) and housing characteristics such as median home
value, size, mean density, owner versus renter occupied, etc.
A brief background on the key economic indicators in the area, and a history of the
economic development strategy in College Station, including the role of the Research
Valley Partnership (RVP).
Information on local employment and job creation, including household income,
educational attainment, employment by sector, etc.
An overview of the geography of the area, including soil type, vegetation, topography,
floodplain and other physical attributes.
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An inventory of natural environmental features which can pose constraints to significant
urban development in particular areas and/or provide amenities and value to nearby
development when preserved and enhanced (e.g., creeks and other water features, wetland
and riparian areas, forested areas and significant mature trees in the community, etc.).
Consideration will be given to tree protection and canopy cover, creeks and natural drainage
areas
An inventory and assessment of the existing transportation system.
An inventory of existing land uses and existing zoning of property in the City of College
Station (to be coordinated closely with the community character field work and mapping to
be conducted by KKC under the Community Character task).
Existing utility service areas, capacities and information relating to the multiple service
providers within the study area.
A review of and reference to other existing and viable plans such as the Wolf Pen Creek
Master Plan.
Deliverables:
Existing Conditions Report, formatted and published as a separate, stand-alone report and
complementary document in support of the Comprehensive Plan document (draft and final).
Map figures: (1) thematic maps related to demographics, housing, and economic indicators;
(2) Existing Housing Inventory; (3) Physical Setting; (4) Existing Transportation System; (5)
Existing Land Use; (6) Existing Zoning; and (7) Existing Utility Service Areas.
KKC/KHA/ESI review memorandum with specific comments, questions and suggested
revisions to the City-prepared report and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Community Character
Understanding College Station’s character as a city and the character of individual areas
within the community is vital to protecting it. The purpose of this chapter is to identify
community character and establish the necessary guidance that will be used in making
decisions about the compatibility and appropriateness of individual developments within the
context of the larger community. The future land use plan will serve to direct development,
manage the pattern and character of future growth, preserve valued areas and lands, and
protect neighborhoods. Urban design and the aesthetics of the community are recognized as a
vital component of the quality of life of College Station residents.
The following elements will be included in this chapter:
Identification and evaluation of College Station’s community character through field work,
including a windshield survey (building upon preliminary inventory work completed during
Phase I). This element will include an analysis of the character and urban form of different
areas of the community, focusing on existing development characteristics and future
development potential.
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A land use plan will be developed for the existing city limits and defined urban growth area
for the time horizon of the Comprehensive Plan based on the need to protect existing land
uses and provide for future economic opportunities. The Land Use Plan will illustrate both
the pattern and the character of future growth and will provide guidance on how and where
College Station will develop in the future. KKC will calibrate and apply its SAVES
(Strategic Analysis: Vision Evaluation System) growth and land use scenario model to
calculate the spatial requirements for future land use based upon population and economic
growth forecasts, in relation to available developable areas (and this work will be
coordinated with related SAVES efforts under the Growth Management & Capacity task).
Recommend amendments to the Unified Development Ordinance regarding the
delineation and specification of character-based zoning districts. This will be closely
coordinated with the ordinance evaluation for the Implementation & Administration task and
will particularly focus on the non-residential districts. Narrative description will be provided
regarding the proposed changes to the zoning district structure and content and the
similarities and contrasts to the existing districts and standards.
An urban design and community appearance element will identify opportunities for
enhancing the physical character and attractiveness of the community. Public rights-of-way,
public projects, and development and redevelopment will be considered with respect to urban
design. Specific recommendations as to needed changes to the City's policies and standards
will be included.
Based on the natural environment inventory in the Existing Conditions Report, identify
opportunities for preserving College Station’s amenities and open space as a means to
enhance community character, particularly along corridors, at community gateways and in
other key areas. Consideration will be given to tree protection and canopy cover, creeks and
natural drainage areas, and the aesthetic and health benefits that these natural assets offer to
the community. Information on the benefits of density bonuses will be included.
A special focus of the Community Character chapter will be Unique Community Assets. College
Station recognizes that it has certain assets, or areas of the city, that contribute to the uniqueness
of the community. These areas provide for a sense of place and development that is
representative of the community’s values. The purpose of this element is to recognize and
incorporate existing special area plans and districts, gateways, and corridors into the
Comprehensive Plan, and to identify where further refinement of the districts or their
administration may be beneficial. In addition, the plan will establish a process for protecting,
measuring and monitoring these community assets. The following items will be included in this
element:
An administrative structure to reference and integrate existing plans into the Comprehensive
Plan, including:
- Wolf Pen Creek
- Northgate Redevelopment Implementation Plan
- Business Center at College Station Master Plan
- City of College Station City Center Master Plan
- Texas A&M University Campus Master Plan
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An administrative structure to define, preserve, protect, and enhance the gateways to College
Station that impact economic well-being and aesthetics to and through the community,
including:
- University Drive
- SH 6 / Texas Avenue
- SH 6 / William D. Fitch Parkway
- SH 6 / Rock Prairie Road
- South College Avenue
An administrative structure to define, preserve, protect, and enhance key corridors within
the community that impact economic well-being and aesthetics in College Station, including:
- University Drive
- Earl Rudder Freeway South
- Texas Avenue
- Wellborn Road
- Future Medical Area (SH 6, Rock Prairie Road & William D. Fitch Parkway)
Identification of opportunities for future partnership and cooperation with area educational
systems (College Station Independent School District and Texas A&M University) to
promote good urban design and provide enhanced facilities and expanded educational
opportunities for College Station citizens. This element will include identification and
recognition of these entities’ plans for future expansion, growth and development.
Development of criteria and a methodology for the identification and protection of future
community assets.
Deliverables:
Community character and urban form analysis (interim narrative and graphics for
preliminary staff review prior to delivery of the complete draft of Chapter 2).
Land Use Plan background, description and rationale (interim narrative and graphics for
preliminary staff review prior to delivery of the complete draft of Chapter 2).
Preliminary outline of UDO and zoning district issues and potential recommendations likely
to be addressed in Chapter 2 (interim information for preliminary staff review prior to
delivery of the complete draft of Chapter 2).
Urban design and community appearance findings and preliminary outline of potential
recommendations likely to be addressed in Chapter 2, including community character
considerations related to environmental assets (interim narrative and graphics for preliminary
staff review prior to delivery of the complete draft of Chapter 2).
Preliminary outline of administrative structure considerations and likely direction in Chapter
2 related to Unique Community Assets (interim information for preliminary staff review
prior to delivery of the complete draft of Chapter 2).
Preliminary outline of criteria and methodology considerations related to the identification
and protection of future community assets (interim information for preliminary staff review
prior to delivery of the complete draft of Chapter 2).
Chapter 2, Community Character, of Comprehensive Plan document (draft and final).
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Map figures: (1) Existing Community Character, (2) Land Use Plan, and (3) Community
Assets (highlighting special areas/districts/sites, key corridors, and gateway locations) – and
reference to the Existing Land Use and Existing Zoning map figures in the Existing
Conditions Report.
Neighborhood Integrity
The purpose of this chapter is to ensure the continued viability and long-term protection of
College Station's neighborhoods. Neighborhoods are recognized as making the community
unique and contributing to residents’ quality of life. Issues such as historic preservation,
property maintenance, land use adjacency, neighborhood traffic and student housing can
have an impact on the quality and stability of neighborhoods. This chapter will provide
guidance for making decisions about the compatibility and appropriateness of proposed
developments in context with their immediate and surrounding neighborhoods.
The following elements will be included in this chapter:
A housing element, the data for which will be developed through field work, including a
windshield survey, to evaluate the community’s existing housing stock and future housing
needs. Existing housing market data from the 2000 Census, as well as the housing condition
assessment conducted during the 1997 Comprehensive Plan process (and provided in the
2005-09 Consolidated Plan) will supplement the field work.
Identification and evaluation of neighborhood character through field work, including a
windshield survey, and analysis of the pattern and character of College Station’s existing
neighborhoods. Neighborhood identity will also be addressed – what makes each
neighborhood special?
A historic preservation element based on the findings from the Historic Preservation Study
and Historic Resources Survey that has been commissioned by the City. This element will
include recommendations on policy and code amendments to reduce teardowns in older
neighborhoods and ensure that infill development is compatible in scale and character.
(Through its review role for this element, KKC will offer insights and suggestions given its
specialization in teardown impacts and the “too big house” phenomenon.) Consideration will
be given to the impacts of infill development in older residential areas and their proximity to
Texas A&M University.
A neighborhood enhancement element which recommends changes to the City’s policies
and standards, including those related to single-family property maintenance issues.
Discussion of gentrification considerations, which can be both a benefit and a concern in
older neighborhoods. Opportunities for preserving neighborhood character while improving
physically deteriorated areas will be identified.
A neighborhood protection element addressing issues and concerns regarding land use
adjacency, student rental housing, neighborhood traffic, and infill development. Areas where
existing or future adjacency issues may arise will be identified, and needed policy and code
changes will be recommended to ensure that existing neighborhoods are adequately protected
from future development. Existing and desired land uses on the fringe of existing
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neighborhoods will be identified, and the potential impact of future development on the
pattern of a neighborhood will also be considered.
Deliverables:
Chapter 3, Neighborhood Integrity, of Comprehensive Plan document (draft and final).
Map figures: (1) Existing Neighborhood Areas, and (2) Historic Resources – and reference
to the Existing Housing Inventory map figure in the Existing Conditions Report.
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Economic Development
Recognizing that economic development is impacted and shaped by numerous
community variables, this chapter will identify, define and analyze the major components
and programming elements impacting and driving economic development, redevelopment
and reinvestment in College Station. In addition, a major outcome of this overall process will
be the refinement and packaging of an economic development program and structure that is
unique to the community and a tangible product of its many stakeholders. Finally, a major
end result of this effort will be a fully developed economic development plan and
reinvestment strategy that is customized to the unique needs of College Station. This
multifaceted plan will include economic development goals, strategies, and the necessary
implementation actions to see it fully realized.
Deliverables:
Chapter 4, Economic Development, of Comprehensive Plan document (draft and final).
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Parks, Art & Leisure
The purpose of this chapter is to recognize and ensure the continued protection and
enhancement of the cultural resources and leisure opportunities available to the citizens of
College Station. College Station enjoys a diverse and educated population, and the City will
support and celebrate this vital component of local quality of life. In addition, the City
recognizes the value of leisure and the natural environment and their effects upon the
physical and mental health of its citizens.
The following elements will be included in this chapter:
The proposed Parks Master Plan will be reviewed and revised to ensure continuity with
future growth patterns. The master plan will identify existing and future improvement needs
and generalized locations for future parks consistent with the identified character of the area
that each park is intended to serve. KKC will summarize key elements of the master plan for
incorporation into the plan chapter, and results of this element will also be integrated into the
Land Use Plan under the Community Character task.
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The Greenways Master Plan will be integrated into the Comprehensive Plan. Specific
policies and implementation strategies related to acquisition, land development and
preservation will be identified. The results of this element will be coordinated with the
Thoroughfare Plan under the Transportation task, and integrated into the Land Use Plan
under the Community Character task.
This chapter will also emphasize recognition and support of the Arts, including art in public
places and the performing and visual arts. A methodology for preservation and protection
will be included.
Deliverables:
Preliminary summary narrative and graphics drawn from the City-updated Parks Master Plan
for potential inclusion in Chapter 5 (for preliminary staff review and concurrence prior to
delivery of the complete draft of Chapter 5).
Preliminary summary narrative and graphics drawn from the City’s Greenways Master Plan
for potential inclusion in Chapter 5, along with a preliminary outline on potential policy and
implementation strategies likely to be addressed in Chapter 5 (interim information for
preliminary staff review prior to delivery of the complete draft of Chapter 5).
Preliminary outline of priority arts-related issues and strategies likely to be addressed in
Chapter 5 (interim information for preliminary staff review prior to delivery of the complete
draft of Chapter 5).
Chapter 5, Parks, Art & Leisure, of Comprehensive Plan document (draft and final).
Map figures: (1) Existing Parks and Service Areas, and (2) Future Park System.
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
Transportation
A transportation plan is a vital component of a Comprehensive Plan to ensure adequate
preservation of rights-of-way concurrent with new development. The purpose of this task is
to ensure orderly development of the community’s transportation network considering not
only facilities for automobiles but other modes of transportation as well, such as pedestrian
and bicycle improvements and other mobility issues applicable to community goals and
objectives. The transportation plan will include a Thoroughfare Plan to address foreseeable
transportation improvement needs over the 20-year planning period. The Thoroughfare Plan
will describe the transportation system needed to support the proposed future land use, as
well as to provide consideration of preservation of future rights-of-way in development plans
and subdivision platting to accommodate the transportation system needed to support that
development.
The following elements will be included in this chapter (to be led by subconsultant Kimley-
Horn & Associates – KHA):
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An updated thoroughfare plan for the existing city limits and future growth area in south
Brazos County will provide for a balanced transportation system that provides a high level of
connectivity within the community, as well as to the region.
1) A travel demand model will be used to forecast traffic levels along each thoroughfare and
ensure that these traffic levels are consistent with the thoroughfare type.
a. Update and validate the base year model. This task will involve validation to counts
already available and furnished by the City. The City will be responsible for
additional counts, if needed.
b. Run up to four (4) alternative land use scenarios. This will include coordination with
KKC to validate the SAVES model with the model Traffic Analysis Zones (TAZs).
c. Include the existing thoroughfare plan alignments and any planned TxDOT facilities.
(i) Planned and existing regional transportation corridors will be considered in the
planning of the College Station transportation system. These existing corridors
include SH 6, SH 30, SH 40, FM 60, FM 2154, and FM 2818, while the following
corridors are being planned: TTC-69/I-69, SH 249, and the BCS regional loop.
2) Develop measures of effectiveness (MOEs) using the travel time index
(mobility.tamu.edu/mmp) that can be used to evaluate the transportation system’s
performance over time and between corridors. These MOEs will extend further than the
typical levels of service analysis to include transit walk sheds, street density, view
corridors, and access management.
Development of Context Sensitive Solutions (CSS) policies to encourage a transportation
system that supports and enhances the desired urban form of the community. These policies
will consider mobility needs and surrounding land uses and encourage “complete streets”
that balance each mode of transportation. This element will be coordinated with the
Community Character chapter.
1) Policy Guidelines: Developing a policy on how to develop Context Sensitive Streets is
aimed at finding the best street solution for a given area. Broad guidelines are not enough
to create the livable street environment that most communities are striving for. The key to
good street design can be accomplished by allowing flexibility while at the same time
working within a general acceptable design framework. This task will outline specific
policies that need to be implemented to achieve the goal of creating livable streets.
2) Design Guidelines: Will be developed to present a new series of street types that are
intended to marry the land use and transportation system. These street types will be
developed for various land uses and functional classes.
NOTE: This task does not include completion by KHA of additional traffic counts, design
guideline updates or revisions, or detailed intersection operations modeling.
KHA will attend up to five (5) meetings throughout the comprehensive planning process (this
assumes one KHA representative will be present at each meeting).
Deliverables:
Measures of effectiveness charts and tables.
Context Sensitive Solutions policy guidelines.
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Context Sensitive Solutions design guidelines (cross sections and bulleted or narrative
description for each section).
Chapter 6, Transportation, of Comprehensive Plan document (draft and final).
Map figures: (1) Thoroughfare Plan – and reference to the Existing Transportation System
map figure in the Existing Conditions Report.
Municipal Services &
Community Facilities
Over the last decade College Station has experienced dramatic growth that has increased
demands on all City services. The high expectations of College Station's citizens, and the
desire of City staff to deliver high quality services, necessitates careful and thoughtful
planning to ensure municipal services are maintained at the highest possible level while
maintaining fiscal responsibility on behalf of the residents of College Station.
The complexity of the municipal service delivery system requires a highly integrated and
strategic approach to service delivery planning. Significant consideration must be given to
ensuring citizen and customer access to all desired services. Attention must be also given to
the cost of services – for ongoing provision as well as future expansion – so municipal
services are both cost effective to deliver and affordable to citizens.
Municipal services such as Community Enhancement, Police, Fire, Emergency Management,
Sanitation, and Development Services will be included in this chapter, along with the
following elements:
Discussion of the services available to residents of College Station, and the benefits of the
municipal services received upon annexation.
Definition of current Levels of Service. A Service Level Model will be created to define
current levels of service for six major service delivery systems operated by the City of
College Station, including (1) Public Safety, (2) Utilities, (3) Community Services, (4)
Internal Services, (5) Technology, and (6) Administration. Measurable indicators will be
created for current service levels. A discussion of financial commitments needed to support
current levels of service will be included in this element.
Development and recommendation of three Policy Directives based on current service levels
and using the Service Level Model: (1) a gap analysis of current service levels, (2) a policy
statement on desired levels of service for each business line, and (3) goals for service levels
for each business line.
Discussion of philosophies on the use of technology to deliver and enhance services.
Refinement of a Future Municipal Service Paradigm. Municipal services must respond to
the growth and development of College Station. Based on the Current Service Level Model
and the policy directives, proposals will be presented to provide municipal services at the
agreed upon service levels represented in the Policy Directives. A Future Municipal Service
Matrix will be created which strategically identifies how the City will respond to future
growth and development. A fiscal impact analysis will also be prepared to quantify the
Future Municipal Service Matrix.
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This plan chapter will also address community facilities, which are another significant City
responsibility and a major component of College Station’s physical, social, and economic
fabric. Such facilities help define the identity of the community and contribute to College
Station’s social and economic prosperity. Through the development of a thoughtful facilities
plan, the City will meet both the needs of the community and the needs of City employees.
Population growth and geographic expansion represent significant challenges to the City of
College Station. Planning for community facilities, staffing, and equipment must be done
well in advance to avoid gaps in services. Along with new construction, adequate attention
must be given to expansion, maintenance, and modernization of existing facilities.
Facilities often involve major capital investments and time. Affordability must be balanced
with community needs. As such, new facilities must be prioritized in terms of strategic
importance to the community to address current and future growth needs. The community
facilities portion of this chapter will be prepared in the context of the Community Vision,
Goals and Policies adopted by City Council.
The following elements related to community facilities will be included in this chapter (and
will be coordinated with the Land Use Plan under the Community Character task):
An inventory and assessment of the City’s current facilities (as itemized below),
recognizing that they serve a broad spectrum of purposes in support of the various programs
and services delivered to College Station citizens.
- Fire
- Police
- Library
- City Center (including City Hall and all municipal buildings)
- Convention Center/Hotel
- Support facilities (maintenance yards, storage facilities, etc.)
- Communications & Technology Infrastructure
- Parking facilities
- Landfill
- Utility facilities (i.e., wastewater treatment plant)
Description of future needs based on the City’s anticipated growth and geographic
expansion. Consideration will be given to municipal, state and national standards for various
services and programs; service level commitments; and a forecast of conditions under which
the facilities will be expected to function.
Recommendations related to the library system expansion will be developed based on
future growth projections.
Deliverables:
Chapter 7, Municipal Services, of Comprehensive Plan document (draft and final).
Map figures: (1) Community Facilities (existing facilities plus future needs).
KKC review memorandum with specific comments, questions and suggested revisions to the
City-prepared plan chapter/elements and associated map figure(s) (organized by referencing
specific pages, paragraphs, tables/figures, etc. in the draft document).
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Growth Management & Capacity
The main emphasis of this chapter is to guide the future development of College Station in a
responsible, controlled manner. This approach should be supported by policies that
encourage compact and focused development and redevelopment in areas with adequate
infrastructure while preserving open space and neighborhood character, as appropriate. The
growth management element will provide the context for future annexations of
unincorporated land into College Station and establish strategies to insure that these new
areas meet the overall vision, goals and objectives of the plan.
Critical to growth management and capacity considerations is the current status of and
outlook for the City’s utility infrastructure systems. Utility services are driven by a number
of factors, including Certificate of Convenience and Necessity (CCN) geographic service
territories, projected land use and densities, the transportation network, existing population
and projected growth, annexation, and regulatory requirements. Utility system upgrades and
expansions must be planned well in advance to meet projected peak demands and must be
commensurate with the City's financial capabilities. Maintenance of existing systems and
impact on current utility rates are other fundamental considerations. This plan chapter will
include summary information on key findings, policy recommendations, and strategic
priorities contained in the City’s utility master plans (which the City is in the process of
updating), including master plans for water, wastewater, storm water and drainage
management, electric, solid waste, and water reuse.
The following elements will be included in this chapter:
Description of the capacity of existing facilities and infrastructure to support future
growth, through summarization of the utility system and facility assessments contained in the
City’s various utility master plans. Information will also be included on CCN service
territories and other service providers in the City’s growth areas.
Description of projected infrastructure needs based on projected future population and the
Land Use Plan, and through summarization of utility master plan information and
conclusions.
Identification of areas that can accommodate the requisite acreage for future growth
and development based on analysis conducted using KKC’s SAVES model. This will lead
to recommendations regarding where infrastructure capital investments and future
annexation activity by the City should be focused. SAVES will be used to quantify more
precisely the spatial requirements for accommodating projected growth (in coordination with
the Land Use Plan effort under the Community Character task). Two (2) future growth and
development scenarios for College Station will be generated, including a “baseline” scenario
based on the City’s current adopted land use plan, and one other potential scenario for
review, modification and consideration. SAVES will project various impacts associated with
the modeled scenarios (including factors such as population, employment, housing
requirements, school enrollments, trip generation, and park demands). As part of this
modeling process, the community will be divided into no more than 15 planning districts to
be developed by KKC in coordination with City staff. Other geographic units for modeling
and impact scenario planning (such as watersheds, public safety and community facility
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service areas, park zones, traffic analysis zones, etc.) may be generated on an additional
services basis.
A review of existing annexation plans, with recommendations on timing and areas for
future annexations, in part based on the availability of adequate public facilities and services.
This element will also include information on municipal services gained by ETJ residents
and properties upon annexation.
Specific recommendations to discourage the unlimited outward growth of the community
and encourage infill development in the core.
Specific recommendations related to funding sources and ways to pay for and manage
growth through such financing mechanisms, including impact fees and user fees.
Deliverables:
Preliminary summary narrative and graphics describing the capacity of existing facilities and
infrastructure, as drawn from the City’s various utility master plans, for potential inclusion in
Chapter 8 (interim information for preliminary staff review prior to delivery of the complete
draft of Chapter 8).
Preliminary summary narrative and graphics describing projected infrastructure needs, as
drawn from the City’s various utility master plans, for potential inclusion in Chapter 8
(interim information for preliminary staff review prior to delivery of the complete draft of
Chapter 8).
Memorandum on KKC’s SAVES modeling approach for College Station following initial
data acquisition efforts and meetings and staff interaction (for staff feedback prior to
initiating SAVES modeling efforts).
Preliminary narrative and graphics regarding the SAVES modeling results and associated
planning issues and potential policies and recommendations likely to be addressed in Chapter
8 (interim information for preliminary staff review prior to delivery of the complete draft of
Chapter 8).
Preliminary outline of findings and potential discussion and recommendations likely to be
addressed in Chapter 8 related to annexation planning (interim information for preliminary
staff review prior to delivery of the complete draft of Chapter 8).
Preliminary outline of potential policies and recommendations likely to be addressed in
Chapter 8 related to sprawl prevention, infill encouragement, and financing strategies in
support of more effective growth management (interim information for preliminary staff
review prior to delivery of the complete draft of Chapter 8).
Chapter 8, Growth Management & Capacity, of Comprehensive Plan document (draft and
final).
Map figures: (1) Growth Trends & Potential Annexation Phasing, (2) individual utility
master plan maps (as appropriate), and (3) Generalized Future Utility System Needs – and
reference to various growth-related map figures and the Existing Utility Service Areas map
figure in the Existing Conditions Report and under the Community Character and
Transportation tasks.
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Implementation & Administration
The final phase of the comprehensive planning process will involve development of an
administration element to guide implementation efforts and ongoing monitoring. The
Comprehensive Plan will be the basis for decision-making on the future development of the
City of College Station. The purpose of the administration element is to establish
accountability for the implementation of the Comprehensive Plan and provide guidance on
the processes to maintain its relevance to the City and its citizens.
The following elements will be included in this chapter:
An implementation plan, recognizing that specific actions will be required to help realize
the future goals of the Comprehensive Plan. To this end, it will be necessary to develop both
long- and short-range implementation strategies with an action timeframe and the assignment
of responsibilities to specific entities.
Itemization and discussion of specific ordinance recommendations for effective plan
implementation.
An evaluation system for checking the implementation strategies against the goals of the
Comprehensive Plan. The system will include specific measures that will be assessed on an
annual basis and reported to the City Council.
A defined update process, recognizing that while plans are created with the most accurate
information and input available at the time, unforeseen situations and circumstances may
necessitate minor alterations in individual elements of the Comprehensive Plan. Goals of the
plan will not be considered negotiable, but processes will be defined to allow City Council to
consider changes that may benefit the City as a whole in light of the goals. Also, pressures of
growth may compel specific study beyond what can be provided through the overall plan.
Processes will be defined for the initiation and consideration of these detailed studies that
will enhance the implementation of the Comprehensive Plan. All update processes will
incorporate public input.
Deliverables:
Preliminary outline of KKC’s planned approach to Chapter 9, including key implementation
considerations and procedures likely to be addressed in the chapter based on the results of
Phase II to this point (interim information for preliminary staff review prior to delivery of the
complete draft of Chapter 9).
Preliminary outline of initial findings and likely observations and recommendations to be
included in the eventual ordinance evaluation memorandum (interim information for
preliminary staff review prior to delivery of the complete memorandum).
Chapter 9, Implementation & Administration, of Comprehensive Plan document (draft and
final).
Summary memorandum outlining the ordinance evaluation findings and recommendations.
Project Deliverables
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KKC will provide deliverables through each task of the Comprehensive Plan project. These
deliverables will facilitate advisory committee working meetings, periodic releases of
information to the media and public, and the orderly completion of the project.
KKC recognizes that all reports, maps and other deliverables prepared or developed in
satisfaction of this contractual work program become the property of the City, including all
printed deliverables and associated digital files (including GIS shapefiles). All interim project
deliverables will be provided to the City in Adobe *.pdf format for ease of file transfer,
reproduction and distribution to the advisory committee, Planning & Zoning Commissioners,
City Council, and appropriate City staff members. The *.pdf versions are also suitable for
posting on the City’s website. Concurrently, KKC will provide the native electronic files
associated with each deliverable. Likewise, as City personnel complete draft chapters, maps,
graphics or other work products for which they are responsible under this work program, the
City will provide both *pdf versions and the native electronic files to KKC for review purposes
and so KKC can maintain all electronic files related to the emerging plan document.
Upon project completion, KKC will deliver the following:
Hard copies in an amount of thirty (30) full-color copies of the final adopted Comprehensive
Plan document (in three-ring binder format), including all maps (as printed and provided to
KKC by the City), illustrations and related attachments.
The SAVES software will be released to the City upon project completion. On-site training
for City staff will be conducted upon substantial completion of the model. KKC will then
provide up to eight (8) hours of service and maintenance support over a one-year period.
Any further technical assistance needed would be provided on an additional services basis.
After the first year, a maintenance and service agreement may be executed to allow ongoing
technical support and provision of software upgrades (the cost of this service would be on an
hourly basis of $125 per hour or negotiated through an annual service agreement).
Whenever City staff or consultant personnel review draft deliverables prepared by the other
party, it will be the responsibility of the City’s Project Director or the consultant Project
Manager, respectively, to coordinate, compile and forward in a consolidated manner all review
comments on and requested/ suggested revisions to such deliverables. While some deliverables
may require several rounds of review and revision to ensure that all content issues have been
satisfactorily addressed and quality standards met, it benefits all project participants to establish
an orderly and concise process for tracking, transmitting and responding to review comments to
maintain the integrity of the project timeline and budget. In the case of review comments
provided by the City, guidance from the Project Director should be included, as needed, on
whether and how the consultant team should address certain comments which may be for
information only (e.g., comments from advisory committee members or other outside reviewers)
versus those involving specific, staff-recommended revisions.
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Exhibit “B”
Payment Terms
Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be
payable by the City pursuant to the percentage complete and written acceptance by the City.
Community and Leadership Participation $25,040
Plan Introduction $1,260
Existing Conditions $5,420
Community Character $42,240
Neighborhood Integrity $3,120
Parks, Art & Leisure (Parks Master Plan) $15,520
Economic Development $1,560
Transportation $54,050
Municipal Services & Community Facilities $3,000
Growth Management & Capacity $43,360
Implementation & Administration $15,600
Total Professional Fees $210,170
Reimbursable Expenses (travel & subsistence) $6,320
Reimbursable Expenses (reproduction, supplies, etc.) $6,500
Total expenditures not to exceed $222,990
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June 26, 2008
Regular Agenda Item 7
Exception to Policy for Sewer Service to Grey Wolf Trail
To: Glenn Brown, City Manager
From: Dave Coleman, Director, Water Services
Agenda Caption: Presentation, possible action, and discussion regarding an exception to
Policy to allow the Grey Wolf Trail development to connect to the City sewer system.
Recommendation: Staff recommends Council deny this request, since the developer will
not agree to follow the codes and ordinances that apply inside the City limits.
Summary:
McClure & Browne, Inc., on behalf of Brazos Wyldewood II, Inc., has requested the
City provide sewer service to the Grey Wolf Trail development, located off North Dowling
Road, consisting of existing duplexes plus 24 duplexes yet to be constructed. Their letter
and map are included in the attached series of correspondence. These tracts total 13.88
acres in the City’s ETJ, which are not contiguous with current City limits, so are not eligible
for annexation. The tracts are outside the City’s current certificated area for sewer, but are
within the area that the City has applied for the sewer Certificate of Public Convenience and
Necessity (CCN). The City’s sewer CCN application has not yet been approved by the TCEQ,
however, the area is presently not certificated and the City has the legal right to provide
this sewer service.
City Policy states that the City will not provide sewer service outside the City limits
(or the City’s sewer certificated area) in the absence of a petition for annexation, but it does
allow that exceptions may be granted in three cases: For other Government agencies under
ILA, for economic development, or for health and safety reasons. Since Grey Wolf is outside
the City’s certificated area, an exception to Policy is required for City sewer service. The
developer requested an exception to Policy based on the fact that an adjacent development,
Aggie Acres, was granted an exception for City sewer service in October 2007.
Staff has communicated with Mr. Dan Bensimon (a principal of Brazos Wyldewood II)
and Mr. Culley Lipsey (a lawyer representing Mr. Bensimon) regarding this request for sewer
service. Staff has stated that they would only recommend approval of the request if the
developer agrees to enter into a development agreement that requires the new construction
comply with all City codes and standards. To date, this offer has not been accepted.
Staff is guided by City Council’s recent strategic initiative for growth management,
which strives to balance the community’s growth through developing a clear vision and
standards which promote sustainable growth of College Station. Since City sewer service
allows construction at urban densities, staff is recommending that projects constructed at
an urban density be built to urban standards. These standards, as codified by the City,
ensure public safety and sustainable growth by regulating the site plan, storm drainage, fire
flow, parking standards, parkland dedication fees, building permits, and inspections. Staff
recommends denial of the request, based on the public safety aspects of these codes and
the strategy of sound growth management.
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Please note that Aggie Acres, the development adjacent to Grey Wolf, was not
required to build to City codes in order to get City sewer service approved. When the Aggie
Acres request was received, in September 2007, the City was in the midst of discussing
growth management in the ETJ, especially as it relates to City sewer service. This strategy
was more clearly defined when the Grey Wolf request was received in November 2007.
Unless City Council directs otherwise, staff will be consistent in requiring City standards
accompany City sewer service.
In case City Council votes against the staff recommendation, and approves City
sewer service to Grey Wolf, a resolution of approval is attached.
Budget & Financial Summary: NA
Attachments:
Correspondence
Policy
Resolution
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136
137
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RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING AN EXCEPTION TO THE CITY’S UTILITY EXTENSION
POLICY TO ALLOW THE EXTENSION OF SEWER UTILITY SERVICES TO GREY
WOLF TRAIL, LOCATED OFF NORTH DOWLING ROAD, WITHIN THE
EXTRATERRITORIAL JURISDICTION (ETJ) OF THE CITY OF COLLEGE
STATION, TEXAS.
WHEREAS, the City of College Station adopted Resolution Number 02-09-2006-13.04
on February 9, 2006, which states in Part 1 “that water and sewer utility services will not
be available to properties outside the City’s corporate limits without a petition for
annexation from said properties meeting the legal requirements of such petitions or areas
not certificated to the City of College Station for that purpose” and further states in Part 3
“That the City Council hereby agrees that it may grant exceptions as it deems necessary
to the best interests of the City of College Station in the following cases: For other
governmental agencies through an interlocal agreement, For the purposes of economic
development, or For health and safety reasons” (such resolution referred to hereinafter as
the “City’s Utility Extension Policy”); and
WHEREAS, Brazos Wyldewood II, developer of Grey Wolf Trail, has requested an
exception to the City’s Utility Extension Policy for their development in the City’s ETJ;
and
WHEREAS, the City of College Station has a Certificate of Convenience and Necessity
for wastewater service area pending in certain parts of the City's Extraterritorial
Jurisdiction, including the area in which Grey Wolf Trail is located, in order to facilitate
orderly development in that area; and
WHEREAS, under State law a certificated entity has the duty to serve in the area of
convenience and necessity; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council hereby approves an exception to the City’s Utility
Extension Policy to make sewer utility services available to Grey Wolf
Trail, off North Dowling Road in College Station, Texas, based on
improving the health and safety of the residents in the City’s ETJ.
PART 2: That the City Council hereby requires that the developer of Grey Wolf
Trail extend sewer utility service to Grey Wolf Trail as provided in the
City’s Utility Extension Policy.
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RESOLUTION NO. ________________ Page 2
PART 3: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this _______ day of ________________________, 2008.
ATTEST: APPROVED:
________________________________ _________________________________
City Secretary Mayor
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ________________________________
City Attorney
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June 26, 2008
Regular Agenda Item 8
Brazos Valley Council of Governments ILA
To: Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution adopting an interlocal agreement with the City of Bryan, City of Brenham, Brazos
County, Washington County, Texas A&M University, and Brazos Valley Council of
Governments; designating the Brazos Valley Council of Governments as the Managing Entity
for the Brazos Valley Wide Area Communications System (BVWACS)
Recommendation(s): Staff recommends approval.
Summary: This resolution adopting the interlocal agreement designating the Brazos
Valley Council of Governments as the Managing Entity for the Brazos Valley Wide Area
Communications System (BVWACS) supports and complements the interlocal agreement
creating the BVWACS.
Budget & Financial Summary: On April 7, 2008, the BVWACS participants were notified
that the PSIC grant for BVWACS Phase I, in the amount of $2,837,725, was approved.
Attachments:
1. Resolution
2. ILA
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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING AN INTERLOCAL AGREEMENT AMONG THE CITY OF
BRYAN, CITY OF BRENHAM, BRAZOS COUNTY, WASHINGTON COUNTY, TEXAS
A&M UNIVERSITY, AND BRAZOS VALLEY COUNCIL OF GOVERNMENTS TO
DESIGNATE THE BRAZOS VALLEY COUNCIL OF GOVERNMENTS AS THE
MANAGING ENTITY OF THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS
SYSTEM
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each
other to perform governmental functions or services; and
WHEREAS, the City of College Station, City of Bryan, City of Brenham, Brazos County,
Washington County and Texas A&M University are entering into an interlocal agreement for
interoperable radio and data communications to be known as the Brazos Valley Wide Area
Communications System (“BVWACS Agreement”); and
WHEREAS, the Brazos Valley Council of Governments (“BVCOG”) and the parties to the
BVWACS Agreement, including the City of College Station, desire the BVCOG to act as the
managing entity to implement such interoperable radio and data communications system
pursuant to provisions of the BVWACS Agreement and pursuant to provisions of the Interlocal
Cooperation Act; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby approves the interlocal agreement among the City
of Bryan, City of Brenham, Brazos County, Washington County, Texas A&M
University, and Brazos Valley Council of Governments designating the Brazos
Valley Council of Governments as the Managing Entity for the Brazos Valley
Wide Area Communications System. A copy of such agreement is attached
hereto as Exhibit “A” and incorporated herein.
PART 2: That this resolution shall take effect immediately from and after its passage..
ADOPTED this _______ day of ________________________, A.D. 2008.
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary MAYOR
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
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Interlocal Agreement
For Managing Entity by the BVCOG
for the Brazos Valley Wide Area Communications System
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THIS INTERLOCAL AGREEMENT (“ILA”), made and entered into pursuant to the Texas
Interlocal Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and among the
Brazos Valley Council of Governments, hereinafter referred to as “BVCOG,” and the City of
Bryan, City of College Station, City of Brenham, Brazos County, Washington County, and Texas
A & M University, all political subdivisions or agencies of the state of Texas.
WHEREAS, the Brazos Valley Council of Governments (the “BVCOG”) is a regional planning
commission and political subdivision of the State of Texas operating under Chapter 391, Texas
Local Government Code; and
WHEREAS, pursuant to the Interlocal Cooperation Act codified in Chapter 791 Texas
Government Code, the BVCOG is authorized to contract with eligible entities to perform
governmental functions and services; and
WHEREAS, the City of Bryan, City of College Station, City of Brenham, Brazos County,
Washington County, and Texas A & M University, collectively hereinafter sometimes referred to
as the “BVWACS Parties” have entered into an Interlocal Agreement for the Construction,
Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area
Communications System to create and maintain an interoperable radio and data communications
system (the “BVWACS Agreement”); and
WHEREAS, the BVWACS Parties desire the BVCOG to supervise the performance of the
BVWACS Agreement; and
WHEREAS, the BVCOG desires to undertake the supervision of the performance of the
BVWACS Agreement as set forth in this Agreement;
NOW, THEREFORE, BVCOG and the BVWACS Parties do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The BVCOG represents that it is eligible to contract with the BVWACS Parties under the
Interlocal Cooperation Act for the purposes recited herein because it is a local government and it
possesses adequate legal authority to enter into this Agreement. Likewise, the BVWACS Parties
represent that they, too, are each local governments or political subdivisions eligible to enter into
this Agreement for the purposes recited herein.
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ARTICLE 2: APPLICABLE LAWS
The BVCOG and the BVWACS Parties agree to conduct all activities under this Agreement in
accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated
during the term of this Agreement. This includes applicable laws relating to purchasing and
bidding of products and services, maintenance of open records and use of the Brazos Valley Wide
Area Communications System in accordance with Federal Communications Commission rules. A
party to this Agreement is financially responsible for any FCC penalties, fines or other financial
encumbrances or penalties caused by the actions of its agents, employees or representatives.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete agreement
among the parties hereto, and supersede any and all oral and written agreements among the parties
relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
This Agreement shall be effective when approved by the governing body of the last party which
approval makes the Agreement go into effect and will remain in full force to the next occurring
September 30th. After that, this Agreement automatically renews for up to a maximum of four (4)
additional terms of Twelve (12) months on October 1 of each year, subject to the rights of
termination set forth herein. The conditions set forth below shall apply to the initial term and all
renewals unless modified or terminated in accordance with the provisions hereof.
ARTICLE 5: SCOPE OF SERVICES
The BVCOG agrees to perform certain services for the BVWACS Parties at specified rates and
costs as set forth in Exhibit “A” Scope of Services attached hereto. Additionally, the BVCOG
agrees to perform as the BVWACS Managing Entity as set forth in the BVWACS Agreement
which is attached hereto as Exhibit “B.”
The BVCOG will assist the BVWACS Parties in managing grant funds as set forth in Exhibit “A.”.
Nothing herein shall make the BVCOG responsible for providing funding for various projects
associated with such grant or programs in the event of a shortfall.
ARTICLE 6: PAYMENTS
Pursuant to the BVWACS Agreement, upon delivery of goods or services provided and upon
presentation of properly documented statements on a quarterly basis to each of the BVWACS
Parties for their proportionate share of same, each BVWACS Party shall promptly in accordance
with the BVWACS Agreement pay the BVCOG the full amount of its respective share. All
payments for goods or services will be made from current revenues available to the BVWACS
Parties.
ARTICLE 7: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by all the parties, except
that any alternations, additions, or deletions to the terms of this Agreement which are required by
changes in Federal and State law or regulations are automatically incorporated into this Agreement
without written amendment hereto and shall become effective on the date designated by such law
or regulation.
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ARTICLE 8: TERMINATION PROCEDURES
The BVCOG or the BVWACS Parties may cancel this Agreement at any time upon ninety (90)
days written notice by certified mail to the other parties to this Agreement. The obligations of the
BVWACS Parties and of the BVCOG, including obligations to pay any invoices outstanding for
goods and/or services purchased under this Agreement, shall survive such cancellation, as well as
any other obligation incurred under this Agreement, until performed or discharged by the
responsible party.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that any party to this Agreement shall be wholly or partially prevented from the
performance within the term specified of any obligation or duty placed on such party by reason of
or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of
any court, act of God, or specific cause reasonably beyond the party's control and not attributable
to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty
shall be suspended until such disability to perform is removed; provided, however, force majeure
shall not excuse an obligation solely to pay funds.
ARTICLE 11: CONSENT TO SUIT
Nothing in this Agreement will be construed as a waiver or relinquishment by any party of
its right to claim such exemptions, privileges and immunities as may be provided by law.
ARTICLE 12: NOTICES
Notices required under this Agreement must be in writing and delivered personally or sent by
certified US Mail, postage prepaid, addressed to such party at the following respective addresses:
Brazos Valley Council of Governments:
Attention:
P.O. Box 4128
Offices: 3991 East 29th St.
Bryan, Texas 77805-4128
City:
City of Bryan
Attention: City Manager, with a copy to the City Attorney
P. O. Box 1000
Bryan, TX 77805
City:
City of College Station
Attention: City Manager, with a copy to the City Attorney
1101 Texas Avenue
College Station, TX 77840
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City:
City of Brenham
Attention: City Manager, with a copy to the City Attorney
200 West Vulcan Street
PO Box 1059
Brenham, TX 77834
County:
Brazos County
Attention: County Judge, with a copy to County Attorney
300 East 26th Street
Suite 114
Bryan, TX 77803
County:
Washington County
Attention: County Judge, with a copy to County Attorney
100 East Main Street
Suite 104
Brenham, TX 77833
Texas A & M University:
Texas A & M University
Attention:Vice President and Associate Provost
For Information Technology
1365 TAMU
College Station, TX 77843-1365
ARTICLE 13: MISCELLANEOUS
a. This Agreement has been made under and shall be governed by the laws of the State
of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with,
this Agreement shall lie exclusively in Brazos County, Texas.
b. It is understood that this Agreement contains the entire agreement between the
parties and supercedes any and all prior agreements, arrangements, or understandings between the
parties relating to the subject matter.
c. 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 all the parties.
d. The persons executing this Agreement hereby represent that they have authorization
to sign on behalf of their respective entities.
e. Failure of any 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 either party thereafter to enforce each and every provision hereof.
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f. This Agreement and the rights and obligations contained herein may not be
assigned by any party without the prior written approval of all the other parties to this Agreement.
g. This Agreement is effective as of the effective date set forth above. This
Agreement may be executed simultaneously in one or several counterparts, each of which
is deemed to be an original and all of which together constitute one and the same
instrument. The counterparts may be signed in multiple originals to allow each party to
have an originally signed counterpart for each party. The Agreement has been executed in
multiple originals, each having equal force and effect, on behalf of the parties.
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THIS INSTRUMENT HAS BEEN EXECUTED IN MULTIPLE ORIGINALS BY THE
PARTIES HERETO AS FOLLOWS:
BRAZOS VALLEY COUNCIL OF
GOVERNMENTS
By:__________________________
Date:_____________
CITY OF COLLEGE STATION
By:___________________________
Date:_____________
CITY OF BRENHAM
By:___________________________
Date:_____________
BRAZOS COUNTY
By:_____________________
Date:___________________
CITY OF BRYAN
By:_____________________
Date:_____________
WASHINGTON COUNTY
By:___________________________
Date:_____________
TEXAS A & M UNIVERSITY
By:___________________________
Date:____________
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EXHIBIT “A-1’
SCOPE OF SERVICES
The BVCOG shall perform the following services at the following rates for the BVWACS Parties as
the Managing Entity pursuant to the BVWACS Agreement:
1. Perform as Managing Entity as set forth in the BVWACS Agreement. This includes the
following:
a. Overall management. To manage the BVWACS on a day to day basis.
Responsibilities include specific duties outlined in the BVWACS Agreement plus any other
duties as determined by the Governing Board created under such Agreement.
b. Management. Perform ongoing management of the construction, acquisition,
implementation, operation and maintenance of the BVWACS;
c. Coordination with other radio systems. Serve as principle coordinator with other
radio systems as determined by the Governing Board;
d. Minutes. Maintain minutes of the Governing Board and Operating Board
meetings;
e. Recommendations. Make recommendations to the Operating Board regarding
proper performance of the BVWACS under the terms of this Agreement;
f. Supervision. Supervise additional Employees as applicable;
g. Dispute Resolution. Assist in the administrative dispute process as set out
elsewhere in this Agreement.
h. Agreement Copy. Maintain and make available at all reasonable times to the
Operating Board and to the Governing Board a current copy of this Agreement, including any
amendments and the most current version of all Exhibits together with copies of the most
current versions of any subsequently developed operating procedures or standards;
i. Financial Responsibilities. Reconcile the budget on a quarterly basis or as requested
by the Governing Board. Prepare draft budget, coordinate purchasing, conduct inventories,
assist with any audits and handle such other fiscal matters as may be directed by the Governing
Board;
j. Reports. Provide such performance reports, projection reports and other reports
regarding the technical, operational, fiscal and other aspects of the BVWACS as required by
the Governing Board or Operating Board;
k. Record Keeping. Maintain and keep current all records, legal documents, contracts,
manuals, warranties, etc. relating to the BVWACS and make same available for review by any
of the Parties upon request;
l. Contract Administration. Administer all contracts for the construction, acquisition,
implementation, operation and maintenance of the BVWACS;
m. Project Management. Oversee the management of all projects relating to the
construction, acquisition and implementation of Infrastructure and Improvements to the
BVWACS;
n. Standard Operating Procedures. Develop, distribute and keep current standard
operating procedures for the BVWACS as directed by the Operating Board;
o. BVWACS Availability. Ensure operational and technical availability of the
BVWACS features to the Parties and Associates in accordance with the goals and objectives
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set forth herein and that support interaction and communications with other public safety
radio systems;
p. Grant Administration. Oversee the application, administration and financial
management of grant funding programs available for the construction, acquisition,
implementation, operation and maintenance of the BVWACS. This includes performing as a
recipient or sub-recipient for the BVWACS Parties in relation to such grant programs, and
such other duties as set out below.
2. Perform Grant Administration, including the following:
a. Perform as the sub-recipient for Federal Grant Award Number 2007-GS-H7-0044,
ensuring the BVWACS Parties adhere to all terms and conditions of such grant, accounting for
the proper administration of funding and performing items b-k below with respect to such
grant.
b. Procurement and evaluation responses resulting in specific recommendations to the
BVWACS Governing Board for the execution of grants and contracts, including receipt of
funds;
c. Recommendation to the BVWACS Governing Board for the award of subcontracts for the
provision of the services set forth for covered programs that have been approved in
accordance with the BVWACS Agreement;
d. Management, administration, and oversight of subcontracts and subcontractors’
performance, including for contracts for planning, evaluation, and monitoring;
e. Payment of all authorized grant program expenses, whether for staff or administrative
services, participant support costs, authorized subcontracted services, participant wages or
stipends, or other costs incurred in the implementation of programs;
f. Reimbursement of any questioned or disallowed costs will first be demanded from the
subcontractor where the costs occurred, and making recommendations regarding possible
solutions;
g. Maintenance of financial and grant participant information records;
h. Preparation and delivery of such reports and invoices for funds as are required by the state
and federal rules, regulations, and administrative policies applicable to the program
covered under the statutes;
i. Preparation of a budget for Grant Recipient/Fiscal Agent;
j. Authority to procure service providers for services authorized in the adopted and
approved annual plans for the covered grant programs;; and
k. Provision of other duties that may be required by changes in state and/or federal rules,
regulations, and/or policies that are applicable to the covered grant program.
3. Exclusion from scope of services:
a. Conveyance of interests in real property. This does not prohibit the provision of services
relating to property acquisition, such as oversight of surveys, title work, appraisals, etc.
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EXHIBIT “A-2’
COSTS FOR SERVICES
Personnel
12 month
Budget
5110 Project Director $ 80,000
5110 BVCOG Staff Oversight $ 17,000
5150 Rel. Time & Benefits $ 29,100 30% of salaries
Total Personnel $126,100
Other Direct
5310 Travel-5310 $ 7,000
5510 Equipment-5621 $ 3,200
Direct Supplies $ 1,000
Direct Space $ -
Direct Phone $ 1,600
5212 Consultants-5212 $ -
5791 Other Direct $ 5,000 job posting and office furniture
5762
Postage-5762 Printing-5721 & Training-
5798 $ 1,500
Total Other Direct $19,300
Internal Service Funds
6150 Accounting $ 8,263 10.329% of salaries
6151 System Admin. $ 4,684 5.855% of salaries
6152 Copy Fax $ 1,772 2.215% of salaries
6153 Human Resource $ 3,896 4.87% of salaries
6154 Space $ 3,120 (200 Sq. Ft. @ $1.30 per square ft per month)
6155 Reception Internet Phone $ 2,144 2.794% of salaries
6158 Purchasing Solutions Alliance (PSA) $ 1,315 1.644% of salaries
6156 Core Supplies $ 762 .961% of salaries
Total ISF $ 25,957
Total Direct & ISF $171,357
5911 Indirect Current year Charge $ 4,575 2.67% of total expenses
6178 Pass through $ -
Total Indirect & Passthrough $ 4,575
TOTAL EXPENSES $175,932
Total Expenses w/out Indirect $171,357
Sources of Funds
Grants
4111 Federal Grant Revenue
4211 State Grant Revenue
4772 Other Grants
Local / Match Revenue
4511 Local Memberships
4250 Office of Governor (SPA)
4505 County Indigent Health Assessments
4251 Other Sources-Cash
4784 Other Sources - In Kind
Carryover from Prior Years Fund
Balance
Due from BVAHC
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From Internal COG Programs
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June 26, 2008
Regular Agenda Item 9
Brazos Valley Wide Area Communications System (BVWACS) ILA
To: Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution adopting an interlocal agreement with the City of Bryan, City of Brenham, Brazos
County, Washington County, and Texas A&M University to provide for the construction,
acquisition, implementation, operation, and maintenance of the Brazos Valley Wide Area
Communications System (BVWACS).
Recommendation(s): Staff recommends approval of the resolution adopting an interlocal
agreement with the City of Bryan, City of Brenham, Brazos County, Washington County, and
Texas A&M University to provide for the construction, acquisition, implementation,
operation, and maintenance of the Brazos Valley Wide Area Communications System
(BVWACS).
Summary: This resolution adopting the interlocal agreement for the construction,
acquisition, implementation, operation, and maintenance of the Brazos Valley Wide Area
Communications System (BVWACS) is the culmination of an effort started in October 2006
to provide regional interoperable communications for public safety and emergency
operations.
On January 25, 2007, Council approved an interlocal agreement with the City of Bryan,
Brazos County and Texas A&M University to jointly procure consulting services for the
purpose of applying for a federally funded Public Safety Interoperable Communications
(PSIC) Grant for a single interoperable radio system. Subsequently, Washington County
and the City of Brenham signed Joinder Agreements to participate in the project.
The consultant, with participating parties, developed a conceptual system design and
determined the associated cost budget. The conceptual design was briefed to the governing
bodies of the six entities during July and August 2007. Each of the governing bodies
approved the concept and provided direction to complete the grant application. Based on
grant guidance, a phased plan was developed and submitted.
This action creates the Brazos Valley Wide Area Communications System (BVWACS) and
establishes the governing and operating structure.
Budget & Financial Summary: On April 7, 2008, the BVWACS participants were notified
that the PSIC grant for BVWACS Phase I, in the amount of $2,837,725, was approved.
Attachments:
1. Resolution
2. ILA
157
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Resolution BVWACS.doc6/20/20082:08:22 PM
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF BRYAN,
CITY OF BRENHAM, BRAZOS COUNTY, WASHINGTON COUNTY, AND TEXAS
A&M UNIVERSITY TO PROVIDE FOR THE CONSTRUCTION, ACQUISITION,
IMPLEMENTATION, AND MAINTENANCE OF THE BRAZOS VALLEY WIDE AREA
COMMUNICATIONS SYSTEM (BVWACS).
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each
other to perform governmental functions or services including public safety and emergency
management; and
WHEREAS, the City Council of the City of College Station, Texas, desires to enter into an
agreement with the City of Bryan, City of Brenham, Brazos County, Washington County, and
Texas A&M University for the construction, acquisition, implementation, and maintenance of a
regional interoperable radio system; and
WHEREAS, the City Council of the City of College Station, Texas, desires to improve
interoperable communications for public safety and emergency management agencies; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby approves the interlocal agreement with the City of
Bryan, City of Brenham, Brazos County, Washington County, and Texas A&M
University for the construction, acquisition, implementation, and maintenance of
a regional interoperable radio system referred to as the Brazos Valley Wide Area
Communications System. A copy of such agreement which is attached hereto as
Exhibit “A” and incorporated herein.
PART 2: That this resolution shall take effect immediately from and after its passage.
ADOPTED this _______ day of ________________________, A.D. 2008.
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary MAYOR
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
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1
INTERLOCAL AGREEMENT 2
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, 3
OPERATION AND MAINTENANCE OF 4
THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM 5
(BVWACS) 6
7
STATE OF TEXAS § 8
COUNTIES OF BRAZOS AND WASHINGTON § 9
10
This Agreement is by and among the City of Bryan, City of College Station, City of 11
Brenham, Brazos County, Washington County, and Texas A & M University. 12
R E C I T A L S 13
A. The BVWACS Parties are combining their resources and desire to jointly acquire 14
additional resources for the Brazos Valley Wide Area Communications System to 15
improve the ability of public safety and public service radio communications 16
internally and among themselves, and to allow direct access to, and exchange of data. 17
18
B. The BVWACS Parties desire to join their Wide Area Communications System with 19
the regional communications system of Harris County, Texas, and to create a 20
mechanism to effectively administrate this endeavor pursuant to a separate 21
agreement with Harris County in a manner consistent with this Agreement. 22
23
C. The BVWACS Parties desire to provide for the organizational structure and funding 24
support for the construction, acquisition, implementation, operation and 25
maintenance of the Wide Area Communications System. 26
27
A G R E E M E N T 28
29
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NOW, THEREFORE, in consideration of the mutual covenants herein, the BVWACS 30
Parties agree as follows: 31
1. Definitions. 32
1.A. Annual Assessment means the proportionate share determined in accordance 33
with that BVWACS Party’s participation share as shown on Exhibit A of that Fiscal 34
Year’s Capital Costs and Operating Costs based on the approved Budget. 35
1.B. Brazos County means the corporate and political body of the state of Texas 36
known as Brazos County. 37
38
1.C. Brenham means the City of Brenham. 39
1.D. Bryan means the City of Bryan 40
1.E. BVWACS Associates means those entities that are sponsored by a BVWACS 41
Party that are eligible to use the licensed frequencies under FCC rules and 42
regulations, that are using the BVWACS and that are not BVWACS Parties pursuant 43
to the terms of this Agreement. 44
1.F. BVWACS Managing Entity means the Brazos Valley Council of 45
Governments contracted to supervise the performance of this Agreement or any 46
other BVWACS Party or third party entity designated to perform this function 47
pursuant to the terms of this Agreement and pursuant to Section 791.013 Texas 48
Government Code. 49
1.G. BVWACS Parties means the state political subdivisions that have entered 50
into this Agreement for the construction, acquisition, implementation, operation and 51
maintenance of the BVWACS, including Bryan, College Station, Brenham, Brazos 52
County, Washington County, and Texas A & M University. Additional parties may 53
be added from time to time pursuant to the terms of this Agreement. 54
1.H. BVWACS Systems Manager means the Employee of the Managing Entity 55
unless designated by the Governing Board otherwise tasked to perform services for 56
BVWACS as set forth in this Agreement. 57
1.I. BVWACS Support Vendor means any of the one or more vendors selected 58
to provide maintenance, repair, troubleshooting, and related services for the Brazos 59
Valley Wide Area Communications System. 60
1.J. BVWACS Value means the undivided interest of a BVWACS Party in the 61
BVWACS Infrastructure, Improvements and real property. 62
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1.K. College Station means the City of College Station. 63
1.L. Commencement Date means the date on which this Agreement has been 64
duly approved by all BVWACS parties. 65
1.M. Costs include Capital Costs and Operating Costs as defined below: 66
1.M.1. Capital Costs means all costs incurred for the construction, 67
acquisition and implementation of the BVWACS in accordance with the 68
terms of this Agreement. Capital Costs includes expenditures for the 69
construction, acquisition and implementation of any and all Improvements, 70
Infrastructure, additions, replacements, upgrades and enhancements to the 71
BVWACS; land acquisition costs, including appraisals, legal fees, surveys, 72
and other costs associated thereto; the procurement of any hardware or 73
software relating to the construction and implementation of any and all 74
Improvements, Infrastructure, additions, replacements, upgrades and 75
enhancements to the BVWACS; engineering studies, consulting reports, 76
analysis, design and planning; the cost of obtaining all licenses; auditing and 77
compliance with accounting principles and the fiscal and legal expenses 78
relating thereto, and any and all other costs and expenses relating to the 79
foregoing. The BVWACS will be implemented in phases. The Initial Phase is 80
attached hereto and made a part hereof labeled Exhibit B. Notwithstanding 81
any of the above, Capital Costs shall be processed in accordance with GASB 82
34 and GAAP Accounting Principles. 83
1.M.2. Operating Costs means all costs not specifically identified as Capital 84
Costs and includes all fixed and variable costs and expenses incurred, directly 85
or indirectly, in the operation and maintenance of the BVWACS consisting 86
of, without limit, the direct purchase of goods and services, such as 87
photographic supplies, developing and printing, educational materials, books, 88
office supplies, postage, computer supplies, computer software, small tools 89
and minor equipment, and minor computer hardware, office space or the 90
value thereof; costs associated with contracts to supply goods and services, 91
such as support contracts, rental of copy machines, vehicle maintenance and 92
fuel costs, tower site and infrastructure insurance, building maintenance, 93
computer hardware and software maintenance, printing and binding; 94
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personnel costs incurred by all entities for Employees approved in the 95
Budget to support the BVWACS including, without limitation, wages, 96
benefits, insurance, employment related taxes, employers’ retirement 97
contributions, phone allowances, pagers, education and seminar fees, travel 98
for training, mileage reimbursement, and parking costs; and further including 99
ongoing utility costs, security, and the normal, periodic maintenance, tuning, 100
servicing, inspecting, parts replacement and repair and other similar activities 101
that are intended to keep the BVWACS functioning efficiently and to 102
maintain the useful life of the assets and reduce the probability of failures. 103
The term includes all other items or expenses of a like or different nature 104
reasonably required or desirable for the efficient maintenance and operation 105
of the BVWACS in full compliance with all current and future regulatory 106
requirements and the performance of the provisions of this Agreement; the 107
provision of liability and other insurance in amounts and types determined 108
necessary for the proper operation of BVWACS; assumption of legal liability 109
of the BVWACS Parties to pay money to satisfy an arbitration award, 110
administrative decision, settlement agreement, or court decision creating a 111
judgment against one or more of the BVWACS Parties as a result of a third 112
party claim arising out of or incident to the terms of this Agreement, 113
including reasonable attorneys’ fees and costs incurred in defending against 114
same; and costs incurred in enforcing or defending the provisions of this 115
Agreement, including reasonable attorneys’ fees. Notwithstanding any of the 116
above, Operating Costs shall be processed in accordance with GASB 34 and 117
GAAP Accounting Principles. 118
1.N. Day unless otherwise described, means calendar day. 119
1.O. Employees means the person(s) employed by one or more of the Parties or 120
by the Managing Entity, devoted exclusively to the construction, acquisition, 121
implementation, operation and maintenance of the BVWACS as set forth in this 122
Agreement. 123
1.P. FCC means the Federal Communications Commission. 124
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1.Q. Fiscal Year means the fiscal year agreed upon by the entities signing this 125
Agreement. The Fiscal Year in effect as of the execution of this Agreement 126
commences on October 1st of each year and ends the following September 30th. 127
1.R. Improvements means any structure, facility, addition, replacement, upgrades 128
and enhancements to the BVWACS including, without limitation, hardware, 129
software, equipment and real property acquired for increasing functionality, range or 130
capacity of the Wide Area Communications System. 131
1.S. Infrastructure means collectively all Improvements, additions, replacements, 132
upgrades and enhancements to real property or personalty, real property acquisition, 133
and all system hardware and software procurement necessary for the normal 134
operation of the BVWACS and excluding Subscriber Equipment. 135
1.T. Initial Phase means that first phase of Infrastructure and Improvements, 136
including the Capital Costs relating thereto, for the Parties to utilize the BVWACS 137
within the designated portions of the Service Area all as shown on Exhibit C. As 138
proposed herein, the Initial Phase shall include radio voice communications but not 139
data transmission. 140
1.U. Quarterly Assessment means a BVWACS Party’s proportionate share of the 141
Capital Costs and Operating Costs that are projected to be incurred and the amount 142
of money projected to be expended during the next fiscal quarter as presented in an 143
itemized schedule prepared by the Managing Entity, with the proportionate share 144
determined in accordance with the participation share of the BVWACS Party shown 145
on Exhibit A. 146
1.V. Remaining Parties means those BVWACS Parties to this Agreement who 147
remain committed to this Agreement if one or more BVWACS Parties withdraw 148
from this Agreement or is terminated pursuant to the terms of this Agreement. 149
1.W. Service Area means that geographical area designed to serve the Parties for 150
the BVWACS as same may, from time to time, be amended through approval by the 151
Governing Board. A map of the initial Service Area is attached hereto as Exhibit C. 152
1.X. Standard Terms and Conditions means the terms and conditions listed in 153
Exhibit D that must be included in all BVWACS Associate Interlocal Cooperation 154
Agreements. 155
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1.Y. Subscriber Equipment means the portable radios, mobile radios, control 156
station radios, radio consoles and other equipment operated by BVWACS Parties 157
and BVWACS Associates accessing BVWACS. 158
1.Z. Terminated Party means a BVWACS Party who has received a notice of 159
termination and whose participation in the BVWACS Agreement has been 160
terminated for default, after it failed to cure the default in a timely manner. 161
1.AA. Termination Date means twelve (12) months from the date of the notice of 162
withdrawal when a BVWACS Party gives notice of its intention to withdraw from 163
this Agreement and terminate its participation in BVWACS. 164
1.BB. Washington County means the corporate and political body of the state of 165
Texas known as 166
Washington County. 167
1.CC. Wide Area Communications System or BVWACS means the Regional Voice 168
and Data Radio System serving the Brazos County and Washington County, Texas 169
areas as shown on a Service Area map attached as Exhibit C as same may from time 170
to time be amended as provided in this Agreement, implemented by Parties for 171
public safety and public service purposes in accordance with the terms herein and 172
pursuant to applicable law for such type of public communications system. 173
1.DD. Withdrawing Party means a BVWACS Party who gives notice of its intention 174
to withdraw from this Agreement and terminate its participation in BVWACS. 175
2. Term of Agreement. 176
The term of this Agreement shall be effective when this Agreement has been duly 177
approved by all BVWACS Parties (termed the Effective Date), subject to the BVWACS 178
Parties’ rights of termination in this Agreement. The initial term of this Agreement is from 179
the Effective Date to the next occurring September 30th. After that, this Agreement 180
automatically renews for up to a maximum of four (4) additional terms of Twelve (12) 181
months on October 1 of each year, subject to the BVWACS Parties’ rights of termination in 182
this Agreement. Nothing in this Agreement will prevent the BVWACS Parties from entering 183
into a separate Agreement with another group or entity providing similar radio services 184
provided such Party continues to adhere to the terms and conditions of this Agreement. 185
3. Purpose. 186
The purpose of this Agreement is to establish an organizational and management 187
structure for the construction, acquisition, implementation, ongoing administration, 188
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operation, and maintenance of the BVWACS by the Parties, including establishing a budget 189
proposal process, a funding process, and the allocation of Costs associated with the 190
construction, acquisition, implementation, operation, maintenance, and Improvements to the 191
Wide Area Communications System. 192
The BVWACS Parties have developed initial objectives, attached as Exhibit E, and 193
evaluation factors, attached as Exhibit F. 194
4. Governing Board. 195
4.A. Purpose. The Governing Board shall set policy for the BVWACS, direct and 196
approve the operating policies and procedures of the Operating Board, adopt a draft 197
budget annually, and carry out any and all other appropriate tasks necessary for the 198
proper functioning of the BVWACS. The Governing Board may exercise such 199
powers and duties as authorized under this Agreement. 200
4.B. Composition. The Governing Board shall consist of one member from each 201
of the BVWACS Parties. Governing Board Members should be public officials or 202
senior executive level employees of their respective BVWACS Party. The Governing 203
Board is initially composed of Bryan’s mayor, College Station’s mayor, Brenham’s 204
mayor, Brazos County’s Judge, Washington County’s Judge, and Texas A & M’s Vice 205
President and Associate Provost for Information Technology. Governing Board 206
Members may designate in writing an individual within their entity to act in their 207
place. The governing body of a BVWACS Party may designate in writing a change in 208
that BVWACS Party’s Governing Board Member. 209
4.C. Officers. The Governing Board shall elect a chair, vice-chair, and other 210
officers annually. The BVWACS Managing Entity shall provide secretarial services 211
and other administrative support services to the Governing Board. 212
4.D. Meeting Requirements. The Governing Board shall meet at least semi-213
annually, but special meetings may be called by the request of one (1) or more 214
Governing Board Members. These meetings shall be held in compliance with the 215
Texas Open Meetings Act. These meetings shall be publicly posted 72 hours before 216
the meeting by the Chair of the Governing Board. Meeting notices and meeting 217
agenda shall be sent to members of the Governing Board at least 72 hours before the 218
meeting. 219
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4.E. BVWACS Improvements. The Governing Board may develop agreements 220
defining the roles and responsibilities of the BVWACS Parties for BVWACS 221
Improvements at the time the BVWACS Improvements are approved by the 222
BVWACS Parties. The funding for these BVWACS Improvements shall be included 223
in these agreements. Unless otherwise agreed by the BVWACS Parties in writing, 224
funding for the cost of BVWACS Improvements that are constructed or acquired to 225
benefit one (1) or more individual BVWACS Parties shall be paid only by the 226
BVWACS Parties benefiting from such BVWACS Improvements. 227
4.F. Quorum and Voting. No action may be taken by the Governing Board 228
unless a quorum is present. A quorum shall consist of a majority of members. 229
Unless expressly stipulated otherwise in this Agreement or unless required differently 230
pursuant to applicable law, the affirmative vote of a majority of members is required 231
for the Governing Board to adopt any resolution or take any action. Each member 232
of the Governing Board shall have one vote. 233
5. Operating Board. 234
5.A. Purpose. The management and technical operation of the BVWACS is 235
overseen by an Operating Board which ensures that the policies set by the BVWACS 236
Governing Board are carried out and which provides overall BVWACS advice as to 237
the construction, acquisition, implementation, operation and maintenance of the 238
BVWACS and provides advice to the BVWACS Managing Entity. 239
5.B. Composition. The Operating Board consists of one member appointed by 240
each of the BVWACS Parties. In addition, each BVWACS Party may designate in 241
writing an alternate (“Alternate”) to act in place of its appointed Operating Board 242
member. Notice of a change in designated Board Members or Alternate by a 243
BVWACS Party may be made by sending written notice of the newly designated 244
Board Member(s) or Alternate to the Chair of the Operating Board, with a copy to 245
the BVWACS Managing Entity. The composition of the initial Operating Board is 246
shown in Exhibit G. 247
5.C. Duties. The Operating Board shall meet at least quarterly. The Operating 248
Board shall examine the apportionment of BVWACS Capital Costs and Operating 249
Costs among the BVWACS Parties and recommend any adjustments needed to the 250
Governing Board. The Operating Board shall annually submit a draft Operating and 251
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Capital Program budget for presentation to the Governing Board by February 1 of 252
each year unless directed otherwise by the Governing Board regarding funds needed 253
to improve, operate, maintain, and use the BVWACS. The Operating Board shall 254
review and recommend the operating policies and procedures for the BVWACS, 255
including policies related but not limited to system security, fleetmap management, 256
capacity management, and interoperability with other radio systems and equipment. 257
The Operating Board shall regularly review the evaluation factors for the BVWACS 258
as described in Exhibit F of this Agreement and take needed actions to ensure 259
reliable BVWACS performance. The BVWACS Managing Entity, together with the 260
Operating Board, shall develop and recommend to the Governing Board BVWACS 261
Improvements as needed to ensure optimal BVWACS functionality and 262
performance. The Operating Board shall consider the impact of proposed 263
BVWACS Associates and proposed new Parties to this Agreement on the capacity of 264
the BVWACS and recommend approval or denial of requests to sponsor an entity as 265
an Associate or to add an additional party to this Agreement. 266
In addition, the Operating Board annually provides input to the Governing 267
Board and to the BVWACS Managing Entity on the performance of the BVWACS 268
Systems Manager. 269
5.D. Terms. The term of each Board Member shall be determined by the 270
appointing BVWACS Party. All Board Members serve at the pleasure of their 271
appointing BVWACS Party. 272
5.E. Attendance Requirements. Either a Board Member or Alternate shall attend 273
all meetings. If a BVWACS Party has no representation at more than 25% of the 274
meetings during any calendar year, the BVWACS Party shall appoint new Board 275
Member(s) and new Alternate(s). Operating Board meetings are scheduled by the 276
Operating Board Chair. 277
5.F. Chair, Vice-Chair, and Secretary. The Operating Board Members elect the 278
Chair, Vice-Chair, and Secretary in the first month of each Fiscal Year. The Chair is 279
responsible for scheduling meetings and providing Operating Board members with 280
meeting notices. One of the duties of the Secretary shall be to record and track 281
attendance of Board Members and Alternates. The BVWACS Managing Entity 282
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provides or arranges staff support to make written minutes of each Operating Board 283
meeting and provides other needed logistical support for the Operating Board. 284
5.G. Procedures at Meeting. The Chair presides at the meetings and the Vice-285
Chair acts in the absence of the Chair. No action may be taken by the Operating 286
Board unless a quorum of Board Members are present. A quorum shall consist of a 287
majority of Board Members. The Chair shall provide the Board Members with at 288
least 20 days notice of proposed dates for regular meetings. Any Board Member may 289
place items on the Operating Board’s meeting agenda by submitting the item to the 290
Chair at least ten days before the next meeting. The Chair shall submit the agenda to 291
the Board Members no later than seven days before the meeting. Each Board 292
Member shall have one vote. The affirmative vote of more than 50 per cent of all the 293
members of the Operating Board is required to adopt any resolution or take any 294
action. Voting by proxy or delegate is permitted. 295
5.H. Actions of Operating Board. The Operating Board may not take any action 296
that would violate any applicable statute, law, regulation, court order, ordinance, 297
commissioners' court order, city charter provision, articles of incorporation or other 298
governing document. If any such action is taken, it is null and void. 299
5.I. Special Meetings. The BVWACS Managing Entity may call meetings upon 300
72 hours written notice to the Board Members to conduct regular business matters 301
or to address budget related items, which may require action by the Parties’ 302
governing bodies to increase or decrease currently budgeted expenditures. The Chair 303
or a majority of the Board Members may also call special meetings of the Operating 304
Board. In the event of an emergency, the notice provision herein shall be 305
suspended. 306
6. Amendments to Agreement. 307
Any BVWACS Party may propose an amendment to this Agreement to the 308
Operating Board. The Operating Board considers the amendment and makes a 309
recommendation to the Governing Board for consideration. The Governing Board shall 310
review amendments to this Agreement and may recommend approval of the amendment to 311
the governing bodies of the BVWACS Parties. An amendment to this Agreement shall be 312
effective when approved by the governing bodies of five of the six BVWACS Parties. A 313
BVWACS Party whose governing body does not approve an amendment to this Agreement 314
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adopted as provided above, may withdraw from participation in the BVWACS as described 315
elsewhere in this Agreement. 316
7. Construction, Acquisition and Implementation of BVWACS. 317
7.A. Initial Phase. The Initial Phase of the BVWACS shall be comprised of 318
current Infrastructure and Improvements owned by one or more of the Parties hereto plus 319
additional Infrastructure and Improvements to be constructed or acquired. Exhibit B sets 320
out the Infrastructure, Improvements and real property currently owned by one or more of 321
the Parties as well as the additional proposed BVWACS Infrastructure and BVWACS 322
Improvements that will comprise the Initial Phase. The Parties agree that the Initial Phase 323
of the BVWACS shall be as set forth in Exhibit B. 324
7.B. Ownership and Permission. Ownership of Infrastructure and Improvements 325
currently owned by the Parties shall remain the property of such Party. Permission for all 326
BVWACS Parties, BVWACS Associates, the BVWACS Managing Entity and their 327
respective agents and representatives to access and use such Infrastructure and 328
Improvements as part of the BVWACS in accordance with this Agreement is herein granted. 329
New BVWACS Improvements and BVWACS Infrastructure shall be owned as tenants in 330
common among the Parties then in existence at the time funding was provided for such 331
BVWACS Improvements or BVWACS Infrastructure. 332
333
8. Staffing and Operations. 334
8.A. Designation of Managing Entity. The Governing Board shall designate one 335
of the BVWACS Parties or a mutually agreed upon third party as the Managing 336
Entity for the BVWACS. The initial Managing Entity shall be the Brazos Valley 337
Council of Governments. 338
8.B. BVWACS Systems Manager. The Managing Entity is responsible for 339
providing the BVWACS Systems Manager. This may be a full time Employee or, 340
with the approval of the Governing Board, contracted third party devoted to 341
managing the construction, acquisition, implementation, operation and maintenance 342
of the BVWACS under the direction of the Managing Entity. The Operating Board 343
will serve in an advisory capacity to the BVWACS Systems Manager on behalf of the 344
Governing Board. The BVWACS Systems Manager shall be an Employee of the 345
Managing Entity unless the Governing Board designates otherwise. As its 346
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Employee, the Managing Entity shall be responsible for the hiring, firing, 347
performance review, training and education, provision of health and retirement 348
benefits and all other costs associated with this position as well as costs associated 349
with being an Employee of the Managing Entity, subject to reimbursement by the 350
Parties through adoption of BVWACS Budget which shall include the costs of all 351
Employees. The Managing Entity shall obtain input from the Governing Board 352
before taking any formal action regarding performance, including annual reviews, 353
with respect to such Employee. 354
8.C. Management Duties of the BVWACS Managing Entity. The BVWACS 355
Managing Entity will manage the BVWACS on a day to day basis. Responsibilities 356
include the following plus any other duties as determined by the Governing Board: 357
8.C.1. Management. Perform ongoing management of the construction, 358
acquisition, implementation, operation and maintenance of the BVWACS; 359
8.C.2. Coordination with other radio systems. Serve as principle coordinator 360
with other radio systems as determined by the Governing Board; 361
8.C.3. Minutes. Maintain minutes of the Governing Board and Operating 362
Board meetings; 363
8.C.4. Recommendations. Make recommendations to the Operating Board 364
regarding proper performance of the BVWACS under the terms of this Agreement; 365
8.C.5. Supervision. Supervise additional Employees as applicable; 366
8.C.6. Dispute Resolution. Assist in the administrative dispute process as set 367
out elsewhere in this Agreement. 368
8.C.7. Agreement Copy. Maintain and make available at all reasonable times 369
to the Operating Board and to the Governing Board a current copy of this 370
Agreement, including any amendments and the most current version of all Exhibits 371
together with copies of the most current versions of any subsequently developed 372
operating procedures or standards; 373
8.C.8. Financial Responsibilities. Reconcile the budget on a quarterly basis 374
or as requested by the Governing Board. Prepare draft budget, coordinate 375
purchasing, conduct inventories, assist with any audits and handle such other fiscal 376
matters as may be directed by the Governing Board; 377
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8.C.9. Reports. Provide such performance reports, projection reports and 378
other reports regarding the technical, operational, fiscal and other aspects of the 379
BVWACS as required by the Governing Board or Operating Board; 380
8.C.10. Record Keeping. Maintain and keep current all records, legal 381
documents, contracts, manuals, warranties, etc. relating to the BVWACS and make 382
same available for review by any of the Parties upon request; 383
8.C.11. Contract Administration. Administer all contracts for the 384
construction, acquisition, implementation, operation and maintenance of the 385
BVWACS; 386
8.C.12. Project Management. Oversee the management of all projects 387
relating to the construction, acquisition and implementation of Infrastructure and 388
Improvements to the BVWACS; 389
8.C.13. Standard Operating Procedures. Develop, distribute and keep 390
current standard operating procedures for the BVWACS as directed by the 391
Operating Board; 392
8.C.14. BVWACS Availability. Ensure operational and technical availability 393
of the BVWACS features to the Parties and Associates in accordance with the goals 394
and objectives set forth herein and that support interaction and communications 395
with other public safety radio systems. 396
8.C.15. Grant Administration. Oversee the application, administration and 397
financial management of grant funding programs available for the construction, 398
acquisition, implementation, operation and maintenance of the BVWACS. This 399
includes performing as a recipient or sub-recipient for the BVWACS Parties in 400
relation to such grant programs. 401
8.D. Staffing. There may be such other Employees as may, from time to time, be 402
budgeted and approved by the Governing Board. The BVWACS Parties through 403
action of the Governing Board may elect to contract out some or all services relating 404
to the construction, acquisition, implementation, operation and maintenance of the 405
BVWACS. The initial number and types of Employees to be provided or funded 406
by the BVWACS Parties are shown in Exhibit H. Notwithstanding anything herein 407
to the contrary, personnel provided by one or more of the Parties to support the 408
BVWACS are, and shall exclusively remain, employees of their respective entity, 409
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subject to all of the employment rules and personnel policies of that entity. The 410
personnel costs necessary to support the BVWACS are included in each year’s draft 411
budget submitted to the Parties, subject to the provisions in Section 9. Budget, and 412
Section 18. Effect of Breach and Default. 413
8.E. Operating Procedures. The BVWACS Managing Entity shall ensure that 414
standard operating procedures are prepared to govern the day-to-day management 415
and operation of the BVWACS and BVWACS staff (“Standard Operating 416
Procedures”) as may be directed by the Governing Board, and shall submit such 417
Standard Operating Procedures to the Operating Board for review and approval. 418
Standard Operating Procedures shall be annually reviewed by the Operating Board 419
and updated as needed. The BVWACS Managing Entity also monitors the 420
implementation of and compliance with the Standard Operating Procedures. If there 421
is any conflict between the Standard Operating Procedures and the employment 422
rules and personnel policies of the entities, then the employment rules and personnel 423
policies of the entities control as they impact that entities’ staff supporting the 424
BVWACS. The Operating Board shall also oversee the development and 425
implementation of corrective measures policies. 426
8.F. Roles and Responsibilities. The BVWACS Parties shall use the BVWACS in 427
a manner consistent with the Standard Operating Procedures, directives of the 428
Governing Board and in compliance with applicable FCC rules and regulations. The 429
BVWACS Parties shall follow the established Standard Operating Procedures and 430
Governing Board directives regarding the programming and addition of Subscriber 431
Equipment to the BVWACS. The BVWACS Parties are encouraged to utilize and 432
improve the interoperation capabilities of the BVWACS. BVWACS Parties shall 433
utilize the BVWACS Managing Entity as their primary point of contact for requests 434
for BVWACS Improvements when dealing with problems, or to answer questions. 435
BVWACS Parties shall work in good faith with the BVWACS Managing Entity to 436
help resolve problems. Using Standard Operating Procedures or other directives 437
from the Governing Board, BVWACS Parties shall have access to system reports 438
including, but not limited to, system usage, utilization and performance. A 439
BVWACS Party is financially responsible for any FCC penalties, fines or other 440
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financial encumbrance caused by the actions of that BVWACS Party and any 441
BVWACS Associate sponsored by it. 442
8.G. Capacity Management. The BWACS Managing Entity shall develop a policy 443
for capacity management and submit the policy to the Operating Board for review 444
and approval. This policy shall be reviewed annually by the Operating Board, and 445
updated as needed to ensure appropriateness and applicability with current 446
BVWACS needs and industry standards and practices. 447
8.H. Withdrawal of Managing Entity. In the event the current entity ceases to be 448
the BVWACS Managing Entity and the BVWACS Managing Entity is not a 449
BVWACS Party subject to the provisions of Section 17.B herein, the Governing 450
Board Members representing five of the six BVWACS Parties shall appoint a 451
replacement BVWACS Managing Entity. Within ten (10) days after receipt of notice 452
of the identity of the replacement BVWACS Managing Entity, the current BVWACS 453
Managing Entity shall: 454
8.H.1 Possession. Transfer control and possession of all BVWACS 455
Infrastructure, BVWACS Improvements including BVWACS real property 456
owned as tenants in common pursuant to this Agreement to the replacement 457
BVWACS Managing Entity. 458
8.H.2 Conveyance of Real Property. Transfer any and all ownership rights 459
it may have to real property acquired pursuant to the terms of this 460
Agreement to the BVWACS Parties. 461
8.H.3 Evidence of Ownership . Provide evidence and documentation 462
adequate to prove ownership of the BVWACS Infrastructure, BVWACS 463
Improvements or real property, including, wherever applicable, transferring 464
all rights, title and interests, including proprietary and intellectual property 465
rights, to enable the replacement BVWACS Managing Entity to manage, 466
upgrade, update, maintain, and operate or to sell, convey or otherwise 467
dispose of the BVWACS Infrastructure, BVWACS Improvements or real 468
property if or when the BVWACS Parties determine that this is appropriate, 469
and 470
8.H.4. Operations and Legal Documents. Transfer the originals of all deeds, 471
operations manuals, warranties, bills of sale, licenses, leases, titles and other 472
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legal documents related to BVWACS Infrastructure, BVWACS 473
Improvements or BVWACS real property to the replacement BVWACS 474
Managing Entity. 475
476
9. Budget. 477
9.A. Budget Adoption. The Governing Board shall annually approve a draft 478
BVWACS Budget upon the approval of five of its six members in accordance with 479
the timeframes set forth herein and recommend approval of the Budget to the 480
governing bodies of the BVWACS Parties, including approval to appropriate their 481
proportionate share of the BVWACS Budget. All Operating Costs must be included 482
in each annual BVWACS Budget as well as any Capital Costs. The Budget shall 483
include any and all costs relating to Employees in implementing and maintaining the 484
BVWACS. If any BVWACS Party does not agree with the draft BVWACS Budget 485
as presented, it must provide the Governing Board with a detailed explanation of its 486
issues with the draft Budget within 30 days after receipt of it. Each member of the 487
Governing Board shall consult with its governing body or appropriate budget review 488
personnel before voting to approve any Budget. 489
9.B. Annual Operating Costs Budget. The annual Operating Costs shall be 490
shared according to the participation levels shown in Exhibit A. Each year the 491
BVWACS Managing Entity, following and abiding by its budgeting and accounting 492
practices, shall prepare an annual Operating Costs budget (“Operating Budget”) on a 493
fiscal year basis and submit this budget to the Operating Board. The Operating 494
Budget must provide for all Operating Costs. The Operating Board shall review and 495
adjust, as needed, the Operating Budget and then submit its recommendation to the 496
Governing Board. The Governing Board shall, no later than March 1st of each year, 497
approve a draft budget and recommend approval of the Operating Budget by each 498
BVWACS Party and appropriation of their proportionate share of the Operating 499
Budget in their next Fiscal Year’s budget. If budgeted amounts exceed actual 500
expenditures, the unexpended balances shall be credited against the budgeted 501
expenditure amounts in the Operating Budget for the next Fiscal Year unless 502
refunded to the Party at such Party’s request. 503
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9.C. Annual Capital Costs Budget. A Capital Costs budget shall be prepared 504
annually using the same process for adoption as the Annual Operating Costs Budget 505
except that while the Capital Costs budget is prepared annually, the planning period 506
for Capital Costs is five (5) years. Unless otherwise agreed by the BVWACS Parties, 507
Capital Costs shall be shared according to the participation levels shown in Exhibit 508
A; provided, however, that the Capital Costs that are incurred to benefit only one or 509
more individual BVWACS Parties shall be paid by the BVWACS Parties benefiting 510
from such BVWACS Improvements and Infrastructure. 511
9.D. Budgeted Expenditures. After the Budget has been approved and funded by 512
the BVWACS Parties, the BVWACS Managing Entity is authorized to incur costs in 513
accordance with the Budget. Any costs to be incurred in excess of the approved and 514
funded Operating Costs or Capital Costs Budget amounts require additional budget 515
approval and funding, or re-allocation of existing funds, by the BVWACS Parties. 516
9.E. Other BVWACS Fees. Fees payable by BVWACS Associates are determined 517
by the terms of their BVWACS Associate Interlocal Cooperation Agreement. Funds 518
received by new Parties are determined in accordance with this Agreement. 519
9.F. Funding Transfers to the Managing Entity. Once each BVWACS Party 520
appropriates its portion of the BVWACS Budget in its annual budgetary process, the 521
Managing Entity shall provide timely and accurate invoices to facilitate the transfer 522
of funds by each BVWACS Party to the Managing Entity, and the Parties shall each 523
comply with the following procedures to facilitate payment by the Managing Entity 524
to the BVWACS vendors and contractors: 525
9.F.1. Quarterly Assessment. At least 60 days prior to the beginning of 526
each Quarter of the Fiscal Year, the BVWACS Managing Entity shall give the 527
Operating Board, for its review, an itemized schedule of the Capital Costs 528
and Operating Costs that are projected to be incurred, and the amount of 529
money projected to be expended, during the next quarter. At least 30 days 530
prior to the beginning of each Quarter, the Managing Entity shall send each 531
BVWACS Party an invoice for its Quarterly Assessment. 532
9.F.2. Approval. Each BVWACS Party must approve or dispute its 533
Quarterly Assessment and provide written notice of any dispute to the 534
BVWACS Managing Entity within 15 business days after receipt of the 535
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invoice for the Quarterly Assessment. If a dispute concerning the Quarterly 536
Assessment is not resolved by the time the BVWACS Party is required to 537
remit payment, the matter shall be resolved in accordance with the 538
procedures set forth in Section 21, Dispute Resolution. 539
9.F.3. Payment Instructions. The Managing Entity must provide payment 540
instructions to each BVWACS Party for the transfer of BVWACS Party 541
funds to the Managing Entity. 542
9.F.4. BVWACS Party Funds. Each BVWACS Party must pay its Quarterly 543
Assessment to the Managing Entity no later than 60 calendar days after 544
receipt of an invoice in accordance with the resolution of any dispute about 545
the Quarterly Assessment. 546
9.F.5. BVWACS Fund. The Managing Entity shall establish a separate fund 547
for BVWACS in its accounting records (“BVWACS Fund”) that is dedicated 548
to the administration of the BVWACS. All funds received from BVWACS 549
Parties and other BVWACS revenues, including any interest earned, shall be 550
credited to the BVWACS Fund. All BVWACS obligations shall be debited 551
from the BVWACS Fund. The records for the BVWACS Fund shall be 552
maintained in compliance with generally accepted accounting principles. 553
9.F.6. Accounting. The BVWACS Fund is managed by the Managing Entity 554
in the same manner as the Managing Entity manages funds held in its 555
depository accounts. Funds associated with the BVWACS, including accrued 556
interest, shall be accounted for separately by the Managing Entity for the 557
benefit of the BVWACS Parties, unless otherwise required by law or this 558
Agreement. 559
9.F.7. Statements. The BVWACS Managing Entity is responsible for 560
providing quarterly statements showing the credits to and debits from the 561
BVWACS Fund, including any income earned, to each Party on or before the 562
20th day of the first month following the end of such quarter. The quarterly 563
statements must include beginning and ending BVWACS Fund balances. 564
Statements for ‘year-end’ fund status must be provided as soon after year-end 565
closeout as possible. 566
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9.F.8. Payments. Subject to the availability of sufficient funds in the 567
BVWACS Fund, the Managing Entity shall pay BVWACS contractors and 568
vendors in compliance with the Texas Prompt Payment Act. 569
9.F.9. Reports. The BVWACS Managing Entity is responsible for 570
providing each BVWACS Party with a quarterly written financial report on 571
the Budget, including current BVWACS Cost projections for the succeeding 572
quarter. 573
9.G. Funding. The BVWACS Parties specifically acknowledge that funding for 574
each BVWACS Party’s share of the BVWACS Operating Budget and Capital Costs 575
Budget goes through that BVWACS Party’s normal budgeting process; and upon 576
approval by its governing body, is payable from current revenue available to each 577
funding BVWACS Party. Purchase, operation and maintenance costs of Subscriber 578
Equipment are the responsibility of each BVWACS Party. 579
9.H. Failure to Appropriate. The failure of a BVWACS Party to appropriate its 580
proportionate share of the BVWACS Budget by the first day of the Fiscal Year for 581
which the Operating Budget and Capital Costs Budget is applicable shall be a 582
material default of such BVWACS Party under this Agreement, and the BVWACS 583
Parties shall follow the procedures for termination of a BVWACS Party set out in 584
this Agreement addressing the effect of breach and default. 585
9.I. Partial Funding. If any BVWACS Party appropriates less than its 586
proportionate share of Operating Budget and Capital Costs budget for any year, or if 587
any BVWACS Party fails to pay its Quarterly Assessment, (herein called the 588
“Underfunding Party”) the other BVWACS Parties, acting through the Governing 589
Board may take one or more of the following actions: 590
9.I.1. Suspension of Representation. Remove the Governing Board 591
representation and voting rights for the Underfunding Party. 592
9.I.2. Service Reduction. Reduce the BVWACS services being provided to 593
the Underfunding Party. 594
9.I.3. Notice of Underfunding. Send the Underfunding Party a notice 595
stating the amount of underpayment, which is the difference in the 596
Underfunding Party’s Quarterly Assessment and the amount of funding 597
provided by the Underfunding Party (“Deficiency”). Said Deficiency is an 598
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obligation of such Underfunding Party subject to the Prompt Payment Act. 599
Each Underfunding Party agrees that its future right to participate in the 600
BVWACS is dependent upon fully paying its Quarterly Assessments. The 601
Underfunding Party must appropriate and pay the Deficiency, and its entire 602
Quarterly Assessment for the remainder of that Fiscal Year. 603
9.I.4. Budget Revision. Amend the BVWACS Operating Budget and 604
Capital Costs budget by reducing costs and/or increasing the amounts paid 605
by the other BVWACS Parties. 606
9.I.5. Termination of Participation. Terminate the Underfunding Party’s 607
participation in this Agreement by following the procedure for termination 608
of a BVWACS Party, if the level of funding is deemed by the other 609
BVWACS Parties to be substantially a failure to fund. 610
9.J. Asset Management. BVWACS Infrastructure shall be tracked in accordance 611
with standard operating procedures approved by the Operating Board. These 612
procedures must be consistent with generally accepted accounting principles for 613
property held as tenants in common for one or more of the BVWACS Parties. If any 614
BVWACS Infrastructure needs to be retired, the BVWACS Managing Entity will 615
provide this information to the Operating Board for approval prior to removal. At a 616
minimum, the BVWACS Managing Entity shall provide the asset serial number, asset 617
ID tag (if any), location from which it is to be removed and description of the asset. 618
The asset to be retired shall be disposed as directed by the Governing Board upon 619
receiving the recommendation of the Operating Board. Any funds received from the 620
disposal of the asset shall be credited as revenue in the BVWACS Fund and shown 621
in the next BVWACS Capital Costs budget. These funds are managed in accordance 622
with the provisions of this Agreement. 623
With respect to Infrastructure, Improvements and real property owned by only one 624
or some of the Parties and that is not listed as BVWACS Infrastructure, BVWACS 625
Improvements, or BVWACS real property, right of access, license and use is herein 626
granted by such Parties to all Parties and to the BVWACS Managing Entity as 627
necessary for BVWACS purposes as determined by the Governing Board. With 628
respect to future Infrastructure, Improvements and real property owned by only one 629
or some of the Parties, such Parties agree that all rights of access, use or licenses 630
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required to make same a part of the BVWACS shall be granted. No Infrastructure, 631
Improvement or real property owned by only one or some of the Parties may be 632
conveyed to a third party, destroyed or otherwise removed from the BVWACS 633
without giving at least 12 months advance notice. Failure to do this shall be 634
considered a failure to perform substantially such Party’s or Parties’ material 635
obligations under this Agreement, and the provisions of Section 18. Effect of Breach 636
and Default shall apply. The Governing Board may determine to file Certificates of 637
Memorandums in the deed records of the county where an asset owned by one or 638
more Parties is located notifying the public regarding BVWACS rights associated 639
with such asset. 640
10. BVWACS Associates. 641
10.A. Procedure for Becoming BVWACS Associate. To use the BVWACS, an 642
entity must be either a BVWACS Party or BVWACS Associate. To become a 643
BVWACS Associate, a BVWACS Party must sponsor the entity. A BVWACS Party 644
may only sponsor BVWACS Associates to the extent that it has a portion of its share 645
of BVWACS capacity that is unused and therefore available to assign. A BVWACS 646
Party may not sponsor any entity unless the entity is eligible to use the BVWACS 647
licensed radio frequencies under FCC rules, regulations and practices. A BVWACS 648
Party may sponsor one or more entities as BVWACS Associates. BVWACS Parties 649
shall use the following procedure for sponsoring an entity: 650
10.A.1. Share of Capacity. Determine the extent of the BVWACS Party’s 651
share of the BVWACS capacity that is available for assignment to the entity. 652
10.A.2. Anticipated Usage. Determine the anticipated usage of the entity to 653
be sponsored based on talk time if available, the number of radios used by 654
the entity and other relevant information as determined by the Governing 655
Board. 656
10.A.3. Compatibility. Determine the compatibility of the Subscriber 657
Equipment used by the entity with the system and the impact of their 658
inclusion in the system based on voice traffic, talk-group needs, and 659
functionality. 660
10.A.4. Associate Agreement. Negotiate a BVWACS Associate Interlocal 661
Cooperation Agreement with the prospective BVWACS Associate that 662
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includes the Standard Terms and Conditions as well as any other terms and 663
conditions related to payment, term of agreement, nature of the services to 664
be provided, curtailment of services or termination of the authority to 665
continue use of the BVWACS for breach, withdrawal by the entity, and other 666
matters that they desire as long as they are not contrary to or more expansive 667
than the Standard Terms and Conditions or the terms and conditions of this 668
Agreement. 669
10.A.5. Report to Board. Present a report to the Operating Board that 670
includes the anticipated usage of the entity, the number of radios or 671
equipment used by the entity, the compatibility of the radios or equipment 672
used by the entity with the system and any other information relevant to 673
whether the addition of the entity is likely to cause the BVWACS Party to 674
exceed its share of the BVWACS capacity. 675
10.A.6. Board Approval of Draft Agreement. Present a draft copy of the 676
proposed BVWACS Associate Interlocal Cooperation Agreement to the 677
Operating Board so that it can verify that the agreement contains the 678
Standard Terms and Conditions and is consistent with the terms and 679
conditions of this Agreement. 680
10.A.7. Parties Approval of Associate Agreement. Obtain approval of the 681
BVWACS Associate Interlocal Cooperation Agreement by the governing 682
bodies of the sponsoring Party and the prospective BVWACS Associate to 683
the agreement. 684
10.B. Operating Board Duties. The Operating Board shall review the report of the 685
BVWACS Party asking to sponsor an entity as a BVWACS Associate and evaluate 686
the following: 687
10.B.1. Impact on current and future BVWACS voice traffic capacity. 688
10.B.2. Impact on current and future BVWACS talkgroup capacity. 689
10.B.3. Impact on overall current and future BVWACS functionality. 690
The Operating Board shall review the proposed BVWACS Associate 691
Interlocal Cooperation Agreement to be entered into by the BVWACS Party asking 692
to sponsor an entity as a BVWACS Associate and determine whether it includes the 693
Standard Terms and Conditions. 694
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If the impact on these three aspects of the BVWACS capacity is not likely to 695
result in that BVWACS Party’s exceeding its share of the BVWACS capacity or to 696
detrimentally affect the overall current and future functionality of the BVWACS, and 697
the proposed BVWACS Associate Interlocal Cooperation Agreement includes the 698
Standard Terms and Conditions, the Operating Board shall recommend approval of 699
the request to sponsor the entity to the Governing Board. 700
10.C. Governing Board Approval. The Governing Board must approve all 701
BVWACS Association Interlocal Cooperation Agreements before such prospective 702
BVWACS Associate may access or use the BVWACS. 703
10.D. Capacity for Sponsoring BVWACS Associates. Initially, a BVWACS Party’s 704
share of the capacity of the BVWACS is based on the participation levels stated in 705
Exhibit A. Two years after system acceptance of the BVWACS or when adequate 706
information is available, whichever occurs first, BVWACS capacity is based on the 707
capacity management process recommended by the Operating Board and approved 708
by the Governing Board. The share of capacity used may be adjusted as 709
Infrastructure or Improvements are made to BVWACS. A BVWACS Party may use 710
its share of BVWACS capacity for its own purposes or may allocate a portion of that 711
share through a BVWACS Associate Interlocal Cooperation Agreement. In no event 712
shall sponsoring a BVWACS Associate cause alteration to the Participation Table set 713
forth in Exhibit A. 714
10.E. Financial Effect of Sponsoring BVWACS Associate. When a BVWACS 715
Party authorizes another entity to use a portion of its share of BVWACS capacity, 716
that BVWACS Party remains responsible for full payment of its entire cost share of 717
the BVWACS. 718
10.F. Sponsor’s Control of BVWACS Associate’s Access to BVWACS. If a 719
BVWACS Party requests that the BVWACS System Manager disable all or part of 720
the services available to a BVWACS Associate sponsored by that BVWACS Party, 721
the BVWACS System Manager shall comply with these requests and disable the 722
portion of the services available to a BVWACS Associate requested by the BVWACS 723
Party as soon as practicable. 724
10.G. Responsibility for Subscriber Equipment. BVWACS Associates are 725
responsible for purchasing and providing their own Subscriber Equipment to be 726
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used on the BVWACS. The purchase of Subscriber Equipment shall be coordinated 727
with the BVWACS Managing Entity. 728
10.H. Additional Units. BVWACS Associates are not allowed to add units to the 729
BVWACS without approval from their sponsoring BVWACS Party. 730
10.I. Changes to Operations. Each BVWACS Party that has sponsored BVWACS 731
Associates is responsible for informing the BVWACS Associates of changes in 732
BVWACS Standard Operating Procedures. 733
734
11. New BVWACS Parties. 735
11.A. New Parties to BVWACS. From time to time, entities may join the BVWACS 736
as full Parties. Entities desiring to join the BVWACS as full Parties shall petition the current 737
Parties for membership in accordance with the terms herein. 738
11.B Contents of Petition. An entity desiring to join BVWACS shall submit a 739
petition. At a minimum, a petition to join BVWACS as a Party shall include the following: 740
11.B.1 Area to be Served. A description of the area to be covered and a 741
description of how the Service Area will be affected; 742
11.B.2 Proposed Subscriber Equipment. The type of Subscriber Equipment 743
proposed to use the BVWACS, including the approximate number of units to be added, talk 744
groups and talk time; 745
11.B.3 Compatibility and Impact on BVWACS. A determination as to the 746
compatibility of the Subscriber Equipment accessing the BVWACS; and the impact of the 747
proposed uses by petitioner on the BVWACS as to overall current and future functionality, 748
based on voice traffic, talk-group needs, and other relevant factors determined by the 749
Governing Board; 750
11.B.5 Infrastructure, Improvements, Funds and Real Property. A 751
description of any Infrastructure, Improvements, funds or real property that will be made 752
available to the BVWACS to offset costs associated with system expansion, and a 753
description of how this will affect the BVWACS and the current Service Area; and 754
11.B.6. Share of Capacity. Provide an estimate of the requested capacity 755
desired, including the anticipated type and amount of usage based on talk time, talk group 756
needs and other relevant factors as determined by the Governing Board. 757
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11.C. Procedure. The following procedure shall be followed when petitioning to 758
become a Party. 759
11.C.1 Submit Petition. An entity desiring to become a Party to the 760
BVWACS shall petition the Governing Board through the BVWACS Managing 761
Entity who will then review such petition for completeness as well as content. The 762
BVWACS Managing Entity shall forward the petition to the Operating Board for 763
recommendation by the Operating Board within 30 days from submission of such 764
petition. 765
11.C.2 Operating Board. The Operating Board shall review the petition of 766
the submitting entity and make its recommendation to the Governing Board 767
within 60 days from the date of submission of such petition. The Operating Board 768
shall evaluate the petition based upon the following: 769
11.C.1.1 Whether the addition of petitioner as a Party will 770
have an adverse impact on the current and future needs of the existing Parties, on 771
the Service Area and on BVWACS as a whole; and 772
11.C.1.2 Whether the addition of petitioner as a Party is 773
consistent with the goals and objectives of BVWACS as set forth in this Agreement. 774
11.C.3 Governing Board. The petitioner may negotiate an amendment to 775
this Agreement relating to its inclusion as a Party. The Governing Board will 776
consider the request and the recommendation of the Operating Board within ninety 777
(90) days from the date of submission of the petition and approve, deny or request 778
additional information needed to consider the request. Adding a new Party to this 779
Agreement shall be considered an amendment subject to the terms and conditions 780
for approval of amendments set forth in Section 6 above. 781
11.D. Participation Level. Initially, a BVWACS Party’s share of the capacity of the 782
BVWACS is based on the participation levels stated in Exhibit A. Addition of new 783
Parties will require reevaluation and possible alteration of the participation levels. 784
The Operating Board will provide preliminary recommended participation levels 785
based on the new Party joining BVWACS at the time it reviews the petition. The 786
Governing Board shall then review such recommendation and determine whether 787
such participation levels set forth in Exhibit A should be modified. Such 788
determination must be approved by five of the six members of the Governing 789
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Board. From time to time, participation levels shall be re-evaluated upon request of 790
a Party using the same procedure set forth herein of recommendation by the 791
Operating Board and determination by the Governing Board as Infrastructure or 792
Improvements are made to BVWACS, as use of the BVWACS changes, or when 793
new information affecting BVWACS becomes available. A BVWACS Party may use 794
its share of BVWACS capacity for its own purposes or may allocate a portion of that 795
share through a BVWACS Associate Interlocal Cooperation Agreement. 796
11.E. Obligations of New BVWACS Parties. When a new BVWACS Party is 797
authorized by the Governing Board, the participation levels determined above will 798
establish the Annual Assessment for the new Party. Once the new Party is approved 799
for membership, that Party assumes responsibility for its Annual Assessment and all 800
other obligations as a Party to this Agreement. New BVWACS Parties are 801
responsible for purchasing and providing their own Subscriber Equipment to be 802
used on the BVWACS. The purchase of Subscriber Equipment shall be coordinated 803
with the BVWACS Managing Entity. 804
12. Accounting Records. 805
The BVWACS Managing Entity maintains accounting records in accordance with 806
generally accepted accounting standards applicable to governmental entities, including 807
compliance with federal guidelines for spending federal funds or bond proceeds. 808
The BVWACS Managing Entity shall ensure that records pertaining to the BVWACS 809
shall be kept in accordance with the records retention policy of the Managing Entity and in 810
accordance with the Open Records Act. At any reasonable time, upon three days prior 811
written notice, any BVWACS Party may inspect, copy, examine, and/or audit the BVWACS 812
records, at that BVWACS Party’s expense, at the office of the BVWACS Managing Entity, 813
or any other mutually acceptable location. 814
13. Contracting Authority. 815
Except for real estate transactions, the BVWACS Parties hereby grant such 816
BVWACS Managing Entity the authority to contract on behalf of the BVWACS Parties for 817
acquisitions and services that have been approved in the annual BVWACS Budget or as 818
otherwise approved by the Governing Board, so long as the contracted amount is within the 819
budgeted amount and the payments are made from available funds, using the BVWACS 820
Managing Entity’s standard purchasing processes, unless expenditure of federal funds or 821
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bond proceeds requires use of additional procedures or guidelines. Procurements shall be 822
made in accordance with the laws applicable to such entity. These contracts shall be 823
administered by the BVWACS Managing Entity. 824
14. Federal Funds and Bond Funds. 825
If a BVWACS Party utilizes federal funds, grant funds, or bond funds to meet a 826
portion of their financial commitment under this Agreement, the BVWACS Parties agree to 827
conduct all procurements, maintain all records and otherwise conduct their activities in 828
furtherance of this Agreement so as to comply with all applicable statutes, regulations, 829
policies and grant contract provisions necessary to qualify the BVWACS expenditures 830
contemplated for federal or grant program reimbursement and to avoid arbitrage penalties. 831
Further, the BVWACS Parties agree to cooperate with each other in the application for and 832
administration of federal funds, grant funds, or bond funds to maximize funding 833
participation in the operation and maintenance of the BVWACS. Each BVWACS Party 834
intending to utilize federal funds, grant funds, or bond funds to meet a portion of its annual 835
financial commitment shall notify the BVWACS Managing Entity when those funds are 836
obligated to the BVWACS by October 1 of each year. 837
15. BVWACS Performance. 838
The Operating Board shall take such action as may be necessary for assuring that 839
Subscriber Equipment configuration changes or additions do not adversely affect the 840
performance of the BVWACS. The Operating Board may utilize the system assessment 841
services of the BVWACS Support Vendor or other qualified contractor to determine the 842
impact of adding Subscriber Equipment to the BVWACS. The Operating Board shall 843
develop policies involving the BVWACS Support Vendor that provide a review process 844
prior to implementing any Subscriber Equipment system configuration changes requested or 845
made by BVWACS Parties. BVWACS Parties shall not take any action that is known or 846
ought to be known to affect the operation of the BVWACS adversely and shall reverse any 847
action taken that affects the operation of the BVWACS adversely. BVWACS Parties shall 848
not change the configuration of their program or template in a way that is known or ought 849
to be known to affect the operation of the BVWACS adversely and shall reverse any change 850
in the configuration of their program or template that affects the operation of the BVWACS 851
adversely. 852
16. Dissolution of BVWACS. 853
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16.A. Dissolution of BVWACS. This Agreement may be voluntarily dissolved 854
before the end of the final term if the governing bodies of five of the six BVWACS 855
Parties agree in writing to provide for a dissolution date. The dissolution date shall 856
not be less than twelve (12) months after these BVWACS Parties have executed the 857
agreement to dissolve the BVWACS unless all BVWACS Parties agree to an earlier 858
dissolution date. 859
16. B. Distribution of Assets. If the BVWACS is dissolved either by agreement or 860
at the end of the final term, the assets of the BVWACS shall be equitably distributed 861
among the BVWACS Parties. The BVWACS Parties shall agree on which BVWACS 862
Party receives which assets in the distribution. An agreement for distribution of 863
assets of the BVWACS shall be effective after approval by five of the six the 864
governing bodies of BVWACS Parties. The manner of distribution shall consider 865
and be consistent with the following factors: 866
16.B.1. Participation Level. The BVWACS Party’s share of the Capital Costs 867
for Infrastructure and Improvements to the BVWACS and the BVWACS 868
Party’s participation level as stated in Exhibit A; 869
16.B.2. Asset Value. The value of the assets on the dissolution date; 870
16.B.3. Manner of Acquisition. The basis on which the asset was acquired, 871
whether the asset 872
16.B.3.1 Was already owned by a Party; 873
16.B.3.2. Was acquired jointly by all BVWACS Parties or 874
16. B.3.3. Was acquired by only one or some of the BVWACS 875
Parties; 876
16.B.4. Early Termination. Whether and, if so, when the BVWACS Party 877
terminated its participation in BVWACS before the dissolution of the 878
BVWACS; and 879
16.B.5. Utility of Asset. The usefulness of the asset to the BVWACS Party 880
receiving it. 881
16.C. The BVWACS Party to which an asset is distributed shall also be provided 882
evidence and documentation adequate to prove ownership of that asset, including, 883
wherever applicable, transfer of all rights, title and interests, including proprietary 884
and intellectual property rights, to enable that BVWACS Party to upgrade, update, 885
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operate, and maintain it or to sell, convey or otherwise dispose of it and the originals 886
of all operations manuals, warranties, bills of sale, licenses, leases, titles and other 887
legal documents related to that asset. 888
889
17. Withdrawal of a BVWACS Party. 890
17.A. Notice of Withdrawal. A BVWACS Party may withdraw from this 891
Agreement and terminate its participation in BVWACS at any time by giving at least 892
twelve (12) months prior written notice to the Remaining Parties. The Termination 893
Date shall not be earlier than twelve months after notice is given unless four of the 894
five Remaining Parties agree otherwise. The Withdrawing Party must continue to 895
fund its Annual Assessment through the Termination Date, and if it does so, the 896
Withdrawing Party may continue to participate in the BVWACS until its Termination 897
Date. The portion of the Budget allocated to a Withdrawing Party after receipt of the 898
notice of withdrawal may be reduced by the agreement of four of the five Remaining 899
Parties. 900
17.B. Withdrawal of Managing Entity. In the event the BVWACS Managing Entity 901
is a party to this Agreement and such Party withdraws from the BVWACS, the 902
Governing Board Members representing four of the five Remaining Parties shall 903
appoint a replacement BVWACS Managing Entity. Within ten (10) days after receipt 904
of notice of the identity of the replacement BVWACS Managing Entity, the 905
Withdrawing BVWACS Party that is the BVWACS Managing Entity shall: 906
17.B.1 Possession. Transfer control and possession of all BVWACS 907
Infrastructure, BVWACS Improvements including BVWACS real property 908
owned as tenants in common pursuant to this Agreement to the replacement 909
BVWACS Managing Entity. 910
17.B.2 Conveyance of Real Property. Transfer any and all ownership rights 911
it may have to real property acquired pursuant to the terms of this 912
Agreement to the Remaining Parties. 913
17.B.3 Evidence of Ownership . Provide evidence and documentation 914
adequate to prove ownership of the BVWACS Infrastructure, BVWACS 915
Improvements or real property, including, wherever applicable, transferring 916
all rights, title and interests, including proprietary and intellectual property 917
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rights, to enable the replacement BVWACS Managing Entity to manage, 918
upgrade, update, maintain, and operate or to sell, convey or otherwise 919
dispose of the BVWACS Infrastructure, BVWACS Improvements or real 920
property if or when the Remaining Parties determine that this is appropriate, 921
and 922
17.B.4. Operations and Legal Documents. Transfer the originals of all deeds, 923
operations manuals, warranties, bills of sale, licenses, leases, titles and other 924
legal documents related to BVWACS Infrastructure, BVWACS 925
Improvements or BVWACS real property to the replacement BVWACS 926
Managing Entity. 927
17.C. Disposition of BVWACS Value of Withdrawing Party. All right, title, and 928
interest in and to the Withdrawing Party’s BVWACS Value may be dealt with in one 929
of two ways: 1) sale and assignment by Withdrawing Party; or 2) determination of 930
valuation and disposition of Withdrawing Party’s BVWACS Value by Remaining 931
Parties. In either event, all rights of access, licenses and use to such Withdrawing 932
Party’s assets comprising a part of the BVWACS remain in place during the 933
withdrawal process. 934
17.C.1. Sale and Assignment by Withdrawing Party. The Withdrawing Party 935
shall offer its BVWACS Value to the Remaining Parties. If none of the 936
Remaining Parties accept the offer within sixty (60) days after receipt of the 937
offer, the Withdrawing Party may sell its BVWACS Value to one or more 938
entities approved by all of the Remaining Parties if the entity or entities enter 939
into an assignment of this Agreement from the Withdrawing Party and 940
accept the duties and obligations of the Withdrawing Party under this 941
Agreement as its or their own duties and obligations. The assignee, if other 942
than a Remaining Party, shall also obtain the rights of the Withdrawing Party 943
under the BVWACS Agreement, including one representative on the 944
Governing Board and one representative on the Operating Board. After the 945
assignment, the BVWACS Agreement shall be construed as if the assignee 946
were listed in the definition of BVWACS Parties. If the Withdrawing Party 947
has an offer to purchase its BVWACS Value from an entity but all of the 948
Remaining Parties do not approve that entity as a reasonable replacement for 949
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the Withdrawing Party, the Remaining Parties shall compensate the 950
Withdrawing Party for its BVWACS Value in proportion to their Annual 951
Assessment of BVWACS and obtain a proportionate share of the 952
Withdrawing Party’s BVWACS Value. 953
17.C.2. Determination of Value by Remaining Parties. If the Withdrawing 954
Party does not give the Remaining Parties notice that it is exercising its rights 955
under 17.C.1. at least six (6) months before the Termination Date, no later 956
than the Termination Date the Remaining Parties must fairly determine what 957
the Withdrawing Party’s BVWACS Value is at the Termination Date. If the 958
Withdrawing Party and the Remaining Parties are unable to agree on the 959
BVWACS Value, an accounting shall be performed by a panel of three 960
persons. The Remaining Parties shall select one person to represent them on 961
the panel. The Withdrawing Party shall select another person to represent it 962
on the panel. The two persons selected shall select a third person to 963
complete the panel and the accounting. If an accounting is performed, it 964
shall be the basis for determining BVWACS Value for the Withdrawing 965
Party. One half of the cost of this panel shall be born by the Withdrawing 966
Party and one half of the cost of this panel shall be born by the Remaining 967
Parties. 968
17.C.3. Disposition by Remaining Parties. When the BVWACS Value is 969
determined, the Remaining Parties shall determine how to disburse the 970
ownership of the BVWACS Value of the Withdrawing Party. The 971
Remaining Parties shall consider at least the following options: 972
17.C.3.1. New Party. Find another entity to compensate the 973
Withdrawing Party for its BVWACS Value, assume ownership of the 974
Withdrawing Party’s BVWACS Value and assume its obligations and 975
rights under the BVWACS Agreement; 976
17.C.3.2. Share Value. Divide the Withdrawing Party’s 977
BVWACS Value proportionally among the Remaining Parties, 978
compensate the Withdrawing Party for its BVWACS Value, and 979
provide for a proportional increase in Annual Assessment; 980
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17.C.3.3. Single or some of BVWACS Parties. Allow one or 981
only some of the Remaining Parties to compensate the Withdrawing 982
Party for its BVWACS Value, assume ownership of the Withdrawing 983
Party’s BVWACS Value with a corresponding increase in Annual 984
Assessment; or 985
17.C.3.4. Ownership without Use. Require the Withdrawing 986
Party to retain ownership of its BVWACS Value but forfeit its use of 987
the BVWACS and representation on the Governing Board and 988
Operating Board unless and until the Withdrawing Party pays what 989
its accrued share of the systems operations costs from the 990
Termination Date to the end of the then current Budget Year would 991
have been if it had not withdrawn. 992
17.D. Exclusion of Withdrawing Party’s Votes. The Withdrawing Party and its 993
vote on the Governing Board shall be excluded in determining the votes needed for 994
the Remaining Parties to make a decision about the disposition of the Withdrawing 995
Party’s BVWACS Value after the Termination Date. 996
17.E. Disposition of BVWACS Value by Remaining Parties. If the Remaining 997
Parties select the ownership alternative in 17.C.3.2, or 17.C.3.3 the Remaining Parties 998
shall provide for payment of the Withdrawing Party’s BVWACS Value in the fiscal 999
year following the fiscal year of the Termination Date. 1000
17.F. Effect of Disposition on Membership in Governing Board. If the 1001
Remaining Parties select the option in 17.C.2 or 17.C.3.3 and Withdrawing Party’s 1002
BVWACS Value is divided among the Remaining Parties or assumed by one or only 1003
some of the Remaining Parties, the representation of these BVWACS Parties on the 1004
Governing Board shall not be increased. 1005
17.G. Depreciation of BVWACS Value. If the Withdrawing Party retains its 1006
BVWACS Value, the portion of the value that relates to depreciable assets shall be 1007
reduced annually on a declining balance method over the useable life of the asset as 1008
long as the depreciable assets that form part of the BVWACS Value are owned by 1009
one or more of the Remaining Parties. The portion of the BVWACS Value that 1010
relates to non-depreciable assets shall remain unchanged. 1011
18. Effect of Breach and Default. 1012
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18.A. Events of Breach. Breach results from any of the following: 1013
18.A.1. Payment. A BVWACS Party’s failure to appropriate or pay its 1014
Annual Assessment timely; 1015
18.A.2. FCC Rules. Violation of FCC rules and regulations by a BVWACS 1016
Party or any BVWACS Associate with which it has entered into a BVWACS 1017
Associate Interlocal Cooperation Agreement; 1018
18.A.3. Policies and Procedures. Individual or repeated violations of 1019
approved written policies and procedures by a BVWACS Party or any 1020
BVWACS Associate with which it has entered into a BVWACS Associate 1021
Interlocal Cooperation Agreement; 1022
18.A.4. Inappropriate Use. Use of the BVWACS by a BVWACS Party or 1023
any BVWACS Associate with which it has entered into a BVWACS 1024
Associate Interlocal Cooperation Agreement; 1025
18.A.5. Penalty Payment. Failure to pay FCC penalties or fines resulting 1026
from the actions of a BVWACS Party or any BVWACS Associate with which 1027
it has entered into a BVWACS Associate Interlocal Cooperation Agreement; 1028
18.A.6 Improper Disposition of Assets or Interest. Disposing of assets 1029
owned by only one or some of the Parties in contravention of the provisions 1030
of this Agreement, or failure to follow the required process set forth in this 1031
Agreement of divesting a Party’s interest in a BVWACS Improvement, 1032
BVWACS Infrastructure or BVWACS real property. 1033
18.A.7. Adverse Impact. Any other action or omission that has a material 1034
adverse impact on the operation and maintenance of BVWACS; or 1035
18.A.8 Substantial Performance. Failure to perform substantially its material 1036
obligations other than failure to appropriate or timely pay its Annual 1037
Assessment. 1038
18.B. Breach for Non-Payment. The decision to exercise rights granted by this 1039
subsection 18.B. shall be made by the Governing Board. If any BVWACS Party 1040
commits the breach described in 18.A.1, the Governing Board may determine to 1041
deliver a written notice of breach to the BVWACS Party that specifies the nature of 1042
the breach and indicates that unless the breach is cured within thirty (30) days, 1043
additional steps shall be taken. A breach described in 18.A.1 can only be cured by 1044
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paying that Annual Assessment. If the breaching BVWACS Party does not cure that 1045
breach within thirty (30) days of receiving the written notice of breach, the breaching 1046
BVWACS Party is in default and the Governing Board shall deliver a written notice 1047
of default to the BVWACS Party that specifies the following: 1048
18.B.1. The nature of the default; 1049
18.B.2. The date of the notice of breach; 1050
18.B.3. The failure of the breaching BVWACS Party to cure timely; and 1051
18.B.4. The BVWACS Party’s interest in the BVWACS is terminated no later 1052
than 60 days from the date of the written notice of breach if the termination 1053
is approved by all of the BVWACS Remaining Parties unless the default is 1054
cured by the defaulting BVWACS Party paying that Annual Assessment 1055
within an additional thirty (30) days from the date of default as referenced in 1056
18.A.1 above for a total of sixty (60) days from the date of default unless the 1057
Governing Board approves a longer timeframe. 1058
18.C. Suspension for Other Breaches. If any BVWACS Party commits a breach 1059
described in 18.A.2 through 18.A.8 or a breach described in 18.A.2 through 18.A.8 1060
involving use of any radio or other equipment accessing the BVWACS under the 1061
authority of a BVWACS Party, the Governing Board may suspend the right of that 1062
BVWACS Party to use the BVWACS for that radio or equipment or for any other 1063
radio or equipment for a period of time adequate to cure the breach and determine 1064
whether additional remedies are needed. 1065
18.D. Notice of Breach, Default, and Termination For Other Breaches. The 1066
decision to exercise rights granted by this subsection 18.D. shall be made by the 1067
Governing Board. If any BVWACS Party commits a breach described in 18.A.2 1068
through 18.A.8, the Governing Board may deliver a written notice of breach to the 1069
BVWACS Party that specifies the nature of the breach and indicates that unless the 1070
breach is cured within thirty (30) days, additional steps shall be taken. If the 1071
breaching BVWACS Party begins to cure the breach within the thirty (30) day 1072
period, the thirty (30) day cure period is extended as long as the breaching BVWACS 1073
Party continues to prosecute a cure diligently to completion and is making a good 1074
faith effort to cure the breach. If the breaching BVWACS Party does not cure the 1075
breach within thirty (30) days of receiving the written notice of breach or additional 1076
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period as extended by diligent prosecution of a good faith effort to cure the breach, 1077
the breaching BVWACS Party is in default and the Governing Board shall deliver a 1078
written notice of default to the BVWACS Party which specifies the following: 1079
18.D.1. The nature of the default; 1080
18.D.2. The date of the notice of breach; 1081
18.D.3. The failure of the breaching BVWACS Party to cure timely; and 1082
18.D.4. The BVWACS Party’s interest in the BVWACS is terminated on the 1083
effective date stated in the notice if the termination is approved by all of the 1084
BVWACS Remaining Parties unless the default is cured within thirty (30) 1085
days of the notice of default. 1086
18.E. Disposition of BVWACS Value. The Remaining Parties shall determine as to 1087
how the Terminated Party’s BVWACS Value shall be disposed. The Remaining 1088
Parties have ninety (90) days after the date that termination is effective to determine 1089
the value and disposition of the Terminated Party’s BVWACS Value. The 1090
Remaining Parties may seek an agreement with the Terminated Party about its 1091
BVWACS Value. If the Terminated Party and the Remaining Parties are unable to 1092
agree on the Terminated Party’s BVWACS Value, they shall use the method for 1093
determination of value in section 17.C. as if the Terminated Party were a 1094
Withdrawing Party. When the BVWACS Value is determined, the Remaining Parties 1095
shall determine how the ownership of the BVWACS Values is to be disposed. The 1096
Remaining Parties shall consider at least the following ownership alternatives for the 1097
BVWACS Value of the Terminated Party: 1098
18.E.1. New Party. Find another entity to compensate the Terminated Party 1099
for its BVWACS Value, assume the ownership of the Terminated Party’s 1100
BVWACS Value, and assume its obligations and rights under the BVWACS 1101
Agreement; 1102
18.E.2. Share Value. Divide the Terminated Party’s BVWACS Value 1103
proportionally among the Remaining Parties so that the Remaining Parties 1104
can each compensate the Terminated Party for their share of the BVWACS 1105
Value and pay a proportional increase in Annual Assessment in the fiscal year 1106
following the fiscal year in which the default last occurred; 1107
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18.E.3. One or More BVWACS Parties. Allow one or more Remaining 1108
Parties to compensate the Terminated Party for its BVWACS Value and 1109
assume ownership of the Terminated Party’s BVWACS Value with a 1110
corresponding increase in Annual Assessment; or 1111
18.E.4. Ownership without Use. Require the Terminated Party to retain the 1112
ownership of its BVWACS Value but forfeit its use of the BVWACS and 1113
representation on the Governing Board and Operating Board and annually 1114
reduce its BVWACS Value by twenty per cent (20%) of the original 1115
BVWACS Value so that the Terminated Party has no BVWACS Value 1116
remaining after five (5) years and transfer the reduction in value among the 1117
Remaining Parties proportionally based on their participation in the 1118
BVWACS based on participation levels in Exhibit A. 1119
18.F. Exclusion of Terminated Party’s Votes. The Terminated Party and its vote 1120
on the Governing Board shall be excluded in determining the votes needed for the 1121
BVWACS Remaining Parties to make a decision about the disposition of the 1122
Terminated Party’s BVWACS Value after the date that termination is effective. 1123
18.G. Effect of Termination on Representation on Governing Board. If the 1124
Terminated Party’s BVWACS Value is divided among the Remaining Parties or 1125
assumed by only one or some of the Remaining Parties, the representation of these 1126
BVWACS Parties on the Governing Board shall not be increased. 1127
19. Effect of Withdrawal or Termination on Remaining Parties. 1128
Termination or withdrawal of a BVWACS Party has no effect on a Remaining 1129
Party’s rights to participate in the BVWACS other than the specific rights and duties set out 1130
in this Agreement, and the continuing duty of all Remaining Parties to pay their Annual 1131
Assessment. 1132
20. FCC Licenses. 1133
Termination or withdrawal of any Party from the BVWACS shall include the 1134
surrender to the Remaining Parties of that BVWACS Party’s radio frequency licenses that 1135
were licensed for the purpose of implementing the BVWACS. The Remaining Parties shall 1136
determine whether to request reassignment of the license to another BVWACS Party or 1137
surrender these licenses to the Federal Communications Commission (FCC). The 1138
Remaining Parties are responsible for complying with all rules and regulations of the FCC 1139
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related to reassignment and surrender of these licenses. Notwithstanding the above, licenses 1140
held, managed and owned by only one or some of the Parties as the exclusive license of such 1141
Party or Parties at the time of termination or withdrawal are not subject to the provisions of 1142
this section. 1143
21. Dispute Resolution Process. 1144
21.A. Cooperation. All BVWACS Parties are encouraged to work together to 1145
resolve all disputes prior to invoking the dispute resolution process set forth herein. 1146
21.B. Hearing by Operating Board. Any BVWACS Party that has an issue or 1147
dispute relating to the BVWACS may request a hearing before the Operating Board. 1148
The Operating Board shall hear such matter after requesting information regarding 1149
such dispute or issue from such BVWACS Party and from the BVWACS Managing 1150
Entity. The Operating Board shall then hold a hearing and render its decision in 1151
writing. 1152
21.C. Appeal to Governing Board. A BVWACS Party that is adversely affected by 1153
the Operating Board’s decision may appeal such decision to the Governing Board, 1154
which may elect to hear the appeal or refer the matter to mediation. 1155
21.D. Withdrawal of Dispute. A dispute may be withdrawn at any time during the 1156
Dispute Resolution process. 1157
21.E. Timeframes: 1158
21.E.1. Initial Dispute Hearing. Any BVWACS Party may bring an issue or 1159
dispute to the Chair of the Operating Board. The Chair must schedule a 1160
meeting of the Operating Board within (15) fifteen business days of receipt 1161
of the notice and provide a written determination to the appropriate 1162
BVWACS Parties and to the BVWACS Managing Entity within (5) five 1163
business days after the hearing. Any appeal of the decision or 1164
recommendation of the Operating Board is to the Governing Board. 1165
21.E.2. Appeal to Governing Board. Any appeal from the decision of the 1166
Operating Board must be made by delivery of written notice of appeal to the 1167
BVWACS Managing Entity and Governing Board within (15) fifteen 1168
business days after receipt of the Operating Board’s decision or 1169
recommendation. The Governing Board may meet to hear the appeal or 1170
may elect to send the appeal to mediation. The Governing Board, assisted by 1171
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the BVWACS Managing Entity, either schedules a hearing or sends the 1172
appeal to mediation within (25) twenty-five business days of receipt of the 1173
notice of the appeal. Any appeal from the Governing Board’s 1174
recommendation is to a mediator as described below. 1175
21.E.3. Mediation. If the Governing Board refers a dispute to mediation, the 1176
parties to the dispute shall select, within thirty (30) days, a mediator trained in 1177
mediation skills to assist with resolution of the dispute. The parties to the 1178
dispute agree to act in good faith in the selection of the mediator and to give 1179
consideration to qualified individuals nominated to act as mediator. Nothing 1180
in the Agreement prevents the parties from relying on the skills of a person 1181
who is trained in the subject matter of the dispute or a contract interpretation 1182
expert. If the parties fail to agree on a mediator within thirty (30) days after 1183
the Governing Board refers the dispute to mediation, the mediator shall be 1184
selected by the Dispute Resolution Center of the Brazos Valley. The parties 1185
agree to participate in mediation sessions in good faith for a period of up to 1186
thirty (30) days from the date of the first mediation session. Notice of the 1187
date, time, and location of the mediation shall be given to the BVWACS 1188
Managing Entity, which may attend. The parties to the dispute shall share 1189
the costs of mediation equally. If efforts to mediate the dispute are 1190
unsuccessful, the parties to the dispute shall then be free to exercise all 1191
available rights and remedies under this Agreement, or at law or in equity. 1192
21.E.4. Application of Government Code, chapter 2260. To the extent that 1193
Chapter 2260, Texas Government Code, is applicable to this Agreement, is 1194
not inconsistent with the process set forth above, and is not preempted by 1195
other applicable law, the dispute resolution process provided for in Chapter 1196
2260 and the related rules adopted by the Texas Attorney General pursuant 1197
to Chapter 2260, shall be used in disputes involving Texas A & M University 1198
that cannot be resolved in the ordinary course of business. The designated 1199
officers of Texas A & M University, as applicable, shall examine the claim 1200
and any counterclaim and negotiate with the claimant in an effort to resolve 1201
such claims. The BVWACS Parties specifically agree that 1202
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21.E.4.1. Neither the execution of this Agreement by Texas A & M 1203
University nor any other conduct, action or inaction of any 1204
representative of Texas A & M University relating to this Agreement 1205
constitutes or is intended to constitute a waiver of Texas A & M 1206
University’s or the state's sovereign immunity to suit; and 1207
21.E.4.2. Texas A & M University has not waived its right to seek 1208
redress in the courts. 1209
22. Miscellaneous. 1210
22.A. Interlocal Agreement. This Agreement is an Interlocal Agreement 1211
authorized and governed by the Interlocal Cooperation Act, Chapter 791 of the 1212
Texas Government Code. Each BVWACS Party agrees that in the performance of 1213
its respective obligations as set forth in this Agreement, it is carrying out a duly 1214
authorized governmental function, which it is authorized to perform individually 1215
under the applicable statutes of the State of Texas and/or its charter. Each 1216
BVWACS Party agrees that the compensation to be made to the other BVWACS 1217
Parties as set forth in this Agreement is in an amount intended to fairly compensate 1218
each performing BVWACS Party for the services or functions it provides hereunder, 1219
and is made from current revenues available to the paying BVWACS Party. Where 1220
applicable, this Interlocal Agreement shall be administered in accordance with the 1221
laws applicable to a home-rule municipality. 1222
22.B. Immunity as a Defense. No BVWACS Party has agreed to waive any 1223
defense, right, immunity, or other protection under law including any statutory 1224
provision, by entering into this Agreement or otherwise participating in the 1225
BVWACS. 1226
22.C. Retention of Defenses. The Parties agree that neither this Agreement nor 1227
the operation or use of the BVWACS by the BVWACS Parties affect, impair, or limit 1228
their respective immunities and limitations of liability to the claims of third parties, 1229
including claims predicated on premises defects. 1230
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22.D. Notices. Notices required under this Agreement must be in writing and 1231
delivered personally or sent by certified US Mail, postage prepaid, addressed to such 1232
BVWACS Party at the following respective addresses: 1233
1234
City: 1235
City of Bryan 1236
Attention: City Manager, with a copy to the City Attorney 1237
P. O. Box 1000 1238
Bryan, TX 77805 1239
1240
City: 1241
City of College Station 1242
Attention: City Manager, with a copy to the City Attorney 1243
1101 Texas Avenue 1244
College Station, TX 77840 1245
1246
City: 1247
City of Brenham 1248
Attention: City Manager, with a copy to the City Attorney 1249
200 West Vulcan Street 1250
PO Box 1059 1251
Brenham, TX 77834 1252
1253
County: 1254
Brazos County 1255
Attention: County Judge, with a copy to County Attorney 1256
300 East 26th Street 1257
Suite 114 1258
Bryan, TX 77803 1259
1260
County: 1261
Washington County 1262
Attention: County Judge, with a copy to County Attorney 1263
100 East Main Street 1264
Suite 104 1265
Brenham, TX 77833 1266
1267
Texas A & M University: 1268
Texas A & M University 1269
Attention:Vice President and Associate Provost 1270
For Information Technology 1271
1365 TAMU 1272
College Station, TX 77843-1365 1273
1274
1275
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All notices so given, are deemed given on the date so delivered or so 1276
deposited in the US Mail. All BVWACS Parties may change their address by sending 1277
written notice of such change to the other Parties in the manner provided for above. 1278
22.E. Assignment. This Agreement being based upon the special qualifications of 1279
each BVWACS Party, any assignment or other transfer of this Agreement or any part 1280
hereof without the express consent in writing of the other Parties is void and has no 1281
effect, which consent shall not be unreasonably withheld. 1282
22.F. Entire Agreement. The entire agreement among the BVWACS Parties is 1283
contained herein and no change in or modification, termination, or discharge of this 1284
Agreement in any form whatsoever is valid or enforceable unless it is in writing and 1285
signed by duly authorized representatives of all Parties. 1286
22.G. Prior Agreements. This Agreement supersedes any and all prior agreements 1287
regarding this subject that may have previously been made. The subject of this 1288
Agreement is the construction, acquisition, implementation, operation and 1289
maintenance of the BVWACS. 1290
22.H. Severability. If any term or provision of this Agreement is, to any extent, 1291
rendered invalid or unenforceable, the remainder of this Agreement is not affected, 1292
and each other term and provision of this Agreement remains valid and enforceable 1293
to the fullest extent permitted by law. 1294
22.I. Non-waiver. Failure of a BVWACS Party to exercise any right or remedy for 1295
a breach or default of any other BVWACS Party does not waive such right or 1296
remedy for that breach or default or in the event of a subsequent breach or default. 1297
22.J. Authority of Signatories. Each BVWACS Party represents to all the other 1298
BVWACS Parties that the representative signing this Agreement on any BVWACS 1299
Party’s behalf has been duly authorized by the governing body of that BVWACS 1300
Party in compliance with Texas law. 1301
22.K. Further Assurances. Each BVWACS Party agrees to perform all other acts 1302
and execute and deliver all other documents as may be necessary or appropriate to 1303
carry out the intent and purposes of this Agreement. 1304
22.L. Exhibits. The Exhibits, which are attached hereto and described below, are 1305
incorporated herein and made a part hereof for all purposes. 1306
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22.M. Counterparts and Multiple Originals. This Agreement is effective as of the 1307
Effective Date set forth in this Agreement. This Agreement may be executed 1308
simultaneously in one or several counterparts, each of which is deemed to be an 1309
original and all of which together constitute one and the same instrument. The 1310
terms of this Agreement become binding upon each BVWACS Party from and after 1311
the time that it is executed by all BVWACS Parties. The counterparts may be signed 1312
in multiple originals to allow each BVWACS Party to have an originally signed 1313
counterpart for each BVWACS Party. The Agreement has been executed in multiple 1314
originals, each having equal force and effect, on behalf of the Parties. 1315
1316
Exhibit List: 1317
Exhibit A – Participation Table 1318
Exhibit B – Initial Phase of the BVWACS 1319
Exhibit C – Service Area map for Initial Phase 1320
Exhibit D – BVWACS Associate Standard Terms and Conditions 1321
Exhibit E – Goals and Objectives 1322
Exhibit F – Monthly, Quarterly, and Annual Evaluation Factors 1323
Exhibit G – Governance, Operation, and Maintenance Flow Chart and 1324
Distribution of Board Membership 1325
Exhibit H –Initial staffing for BVWACS Program 1326
1327
1328
CITY OF BRYAN 1329
1330
1331
By:__________________________________ Date:_____________ 1332
1333
1334
CITY OF COLLEGE STATION 1335
1336
1337
By:_______________________________________ Date:_____________ 1338
200
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1339
1340
CITY OF BRENHAM 1341
1342
1343
By:______________________________________ Date:_____________ 1344
1345
1346
BRAZOS COUNTY 1347
1348
1349
By:______________________________________ Date:_____________ 1350
1351
1352
WASHINGTON COUNTY 1353
1354
1355
By:______________________________________ Date:_____________ 1356
1357
TEXAS A & M UNIVERSITY 1358
1359
1360
By:______________________________________ Date:_____________ 1361
1362
1363
1364
1365
1366
1367
1368
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INTERLOCAL AGREEMENT 1369
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, 1370
OPERATION AND MAINTENANCE OF 1371
THE WIDE AREA COMMUNICATIONS SYSTEM 1372
1373
Exhibit A – Participation Table 1374
1375
1376
1377
BVWACS Party Participation Level 1378
1379
City of Bryan 22.18% 1380
City of College Station 35.74% 1381
* City of Brenham 4.92% 1382
Brazos County 10.19% 1383
* Washington County 13.81% 1384
Texas A & M University 13.16% 1385
1386
* The City of Brenham and Washington County intend to enter into an interlocal 1387
agreement aggregating their participation and sharing the costs of such combined 1388
participation equally. This shall not affect the rights and duties of the Parties pursuant to 1389
this Agreement. 1390
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INTERLOCAL AGREEMENT 1391
FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND 1392
MAINTENANCE OF 1393
THE WIDE AREA COMMUNICATIONS SYSTEM 1394
1395
Exhibit B - Initial Phase: 1396
1397
Each of the BVWACS parties will contribute existing infrastructure, and real property 1398
currently owned or leased by the parties for the purpose set forth in the Agreement. The 1399
existing infrastructure and real property contributed by each of the parties at the execution 1400
of the Agreement is as follows: 1401
1402
College Station 1403
Access to 325’ radio tower, equipment shelter, land (tower & shelter located), existing 1404
equipment and furnishings that will serve the BVWACS system. 1405
1406
Bryan 1407
Access to secure third floor equipment space, including 48 VDC battery plant, generator use, 1408
and tower use rights on a 133 foot communications tower atop the 4 story building located 1409
at 101 regent Street, Bryan, Texas. 1410
1411
Access to a climate-controlled, fenced, equipment shelter, including UPS system and 1412
generator, and use of two conventional 800 MHz repeaters, including their antenna system, 1413
at the City of Bryan water tower located on Luza Street, between 26th Street and 28th Street, 1414
Bryan, Texas. 1415
1416
Brenham 1417
Communications existing furnishings (console desks). 1418
1419
Washington County 1420
Access to three rental towers with shelters. 1421
1422
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Brazos County 1423
Access to a climate-controlled, fenced, equipment shelter on real property located at 21550 1424
Kathy Fleming Road, Millican, Texas, in south Brazos County. 1425
1426
Texas A&M University 1427
Access to a 320 foot tower located at Hensel Park for installation of the radio antennas and 1428
cable. 1429
1430
Space in the TAMU radio transmission facility for up to six 19” floor mount racks. 1431
Air conditioning and AC power (supported both by UPS and generator) for RF transmission 1432
systems. 1433
1434
24x7 access to the radio facility via University issued keyless entry access cards for approved 1435
personnel. 1436
1437
Environmental monitoring of facility by TAMU Network Operations Center on a 24x7 1438
basis. The monitoring will include security cameras, temperature and humidity alarms, 1439
power interruption alarms and high water alarms. 1440
1441
1442
1443
Phase I - Public Safety Interoperability Communications (PSIC) grant 1444
Phase I will provide the necessary equipment and racks (consisting of base radios, site 1445
controller and radio frequency distribution system), antennas and associated wiring located at 1446
each of seven sites. Phase I will also provide operator consoles replacement/upgrade for the 1447
parties. Estimated costs are anticipated to be paid primarily from PSIC grant funds. 1448
1449
Table 1: Phase I 1450
Item/Site Description
Network Connectivity Leased connectivity to connect all the sites together
Bryan /Brazos County Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
College Station Site Includes 700/800 MHz Multicast Base equipment
with racks (12 chls), Xmit & Rcv antennnas and coax
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College Station Console
Sys As shown in Table 2 below. - 6 operator positions
Bryan/Brazos county
Console Sys Convert existing system to P25
Millican Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Hensel Park Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
TAMU Console Equip Convert existing system to P25
LCRA - Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Brenham Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Burton Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Brenham Emerg Comms
Console Sys As shown in Table 2 below. - 4 operator positions
Management Reserve Includes structural analysis of all towers and project
reserves.
1451
Estimated console equipment to be installed at College Station and the City of Brenham is 1452
shown in Table 2. 1453
Table 2: Console Equipment 1454
Console Sys Equipment
IP Based console sys
Console site router
Auxiliary I/O Server
Site Controller
Conventional Channel Gateway
LAN Switch
Operator Position Equip: PC, Mouse,
Speakers, Mic, Keyboard
IP Based Logging Sys: Archiving
Interface Server, Digital Logging
Server, Digital Logging Recorder,
Logging Playback Station
700/800 MHz P25 Trunked B/U
Stations
Remote Control - Multimode
Antenna System
Lightening Protection
UPS
1455
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INTERLOCAL AGREEMENT 1456
FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND 1457
MAINTENANCE OF 1458
THE WIDE AREA COMMUNICATIONS SYSTEM 1459
1460
Exhibit C - Service Area: 1461
1462
1463
206
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1464
INTERLOCAL AGREEMENT 1465
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, 1466
OPERATION AND MAINTENANCE OF 1467
THE WIDE AREA COMMUNICATIONS SYSTEM 1468
1469
1470
Exhibit D -- BVWACS Associate Standard Terms and Conditions 1471
1472
When using the Brazos Valley Wide Area Communications System (“BVWACS”), BVWACS 1473
Associate shall abide by all policies, procedures and guidelines established by the BVWACS 1474
Operating Board, the BVWACS Governing Board, and the terms and conditions of this 1475
BVWACS Associate Interlocal Cooperation Agreement 1476
1477
BVWACS Associate shall use the BVWACS in a manner consistent with the Standard 1478
Operating Procedures established by the BVWACS Operating Board and in compliance with 1479
applicable Federal Communications Commission (“FCC”) regulations and rules. 1480
1481
BVWACS Associate is encouraged to use and improve the interoperation capabilities of the 1482
BVWACS and to provide input to the BVWACS Managing Entity on the day-to-day 1483
operations of the BVWACS and development of BVWACS standard operating policies and 1484
procedures. 1485
1486
BVWACS Associate shall utilize its sponsoring BVWACS Party as its primary point of 1487
contact for requests for BVWACS Improvements. 1488
1489
BVWACS Associate shall utilize the BVWACS Managing Entity as its primary point of 1490
contact when dealing with problems, or to answer questions. BVWACS Associate shall 1491
work in good faith with the BVWACS Managing Entity to help resolve problems. 1492
1493
1494
BVWACS Associate shall purchase and provide its own subscriber radios and equipment to 1495
be used on the BVWACS. The selection and specifications for these radios and equipment 1496
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must be coordinated with the BVWACS Managing Entity so that all radios and equipment 1497
purchased are compatible with the BVWACS. 1498
1499
BVWACS Associate shall ensure that programming for its subscriber equipment that uses 1500
the BVWACS is consistent with the Standard Operating Procedures established by the 1501
BVWACS Operating Board. 1502
1503
BVWACS Associate has no right to use the BVWACS if the BVWACS Party entering into 1504
this BVWACS Associate Interlocal Cooperation Agreement with it is no longer eligible to 1505
use the BVWACS. 1506
1507
BVWACS Associate is subject to any limitations or restraints on its usage of BVWACS that 1508
apply to the BVWACS Party entering into this BVWACS Associate Interlocal Cooperation 1509
Agreement. 1510
1511
The current term of this BVWACS Associate Interlocal Cooperation Agreement shall not 1512
exceed the current term of the Interlocal Agreement for Construction, Acquisition, 1513
Implementation, Operations and Maintenance of a Wide Area Communications System. 1514
1515
BVWACS Associate may be subject to immediate suspension of this BVWACS Associate 1516
Interlocal Agreement for violation of FCC rules and regulations, individual or repeated 1517
violations of the BVWACS Standard Operating Procedures, or use of the BVWACS that is 1518
determined to be inappropriate by the Governing Board. 1519
1520
Upon thirty (30) days written notice that specifies the existence and nature of the default, the 1521
BVWACS Party sponsoring the BVWACS Associate may automatically terminate the 1522
participation of BVWACS Associate. Default results from failure to comply with the 1523
BVWACS Associate Interlocal Cooperation Agreement, including: 1524
1. Violation of FCC rules and regulations; 1525
2. Individual or repeated violations of the BVWACS Standard Operating Procedures; 1526
or 1527
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3. Use of the BVWACS that is determined to be inappropriate by the Governing 1528
Board. 1529
BVWACS Associate may avoid termination if the default is cured within thirty (30) days. If 1530
the BVWACS Associate begins to cure the default within the thirty (30) day period, the time 1531
to cure may be extended, at the sole discretion of the sponsoring BVWACS Party, for as 1532
long as the BVWACS Associate diligently continues to work toward completion of the cure. 1533
1534
BVWACS Associate shall ensure that the persons it authorizes to use its radios and 1535
equipment are trained in the proper use and etiquette for two-way radio communication. 1536
1537
BVWACS Associate shall reimburse the BVWACS Party that is the holder of an FCC license 1538
if there is any actual or alleged violation of any FCC rule or regulation as a result of any 1539
radios or equipment that is owned by BVWACS Associate or used by any person associated 1540
with BVWACS Associate for all costs arising from the actual or alleged violation, including 1541
costs and attorneys fees for defense against the allegation as well as fines and penalties 1542
incurred. 1543
1544
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INTERLOCAL AGREEMENT 1545
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTAITON, 1546
OPERATION AND MAINTENANCE OF 1547
THE WIDE AREA COMMUNICATIONS SYSTEM 1548
1549
1550
Exhibit E – Goals and Objectives 1551
1552
GOALS 1553
1554
The goal of the Brazos Valley Wide Area Communications System is to provide voice radio 1555
and ultimately data transmission coverage and radio communication interoperability 1556
throughout the Service Area utilizing Infrastructure and Improvements currently provided 1557
by the Parties as well as new Infrastructure and Improvements in accordance with this 1558
Agreement. 1559
1560
OBJECTIVES 1561
1562
1. The Brazos Valley Wide Area Communications System shall maintain an appropriate 1563
reserve capacity system usage based on the determination of the Governing Board. 1564
2. The Brazos Valley Wide Area Communications System shall strive to maintain 1565
coverage at or above 95% reliability for a portable radio worn on the hip with a speaker 1566
collar microphone inside a –10db loss building within the Service Area. 1567
3. To the extent practicable, the Brazos Valley Wide Area Communications System 1568
shall maintain interoperability with other public safety and governmental radio systems 1569
within the Service Area, the Brazos Valley Council of Governments area, regionally, 1570
statewide, and nationally. 1571
4. The Brazos Valley Wide Area Communications System shall maintain the 1572
performance and equipment of the BVWACS at a standard consistent with the 1573
developments in technology and the needs of the BVWACS Parties. 1574
5. The Brazos Valley Wide Area Communications System shall research and pursue 1575
opportunities for assistance for funding the BVWACS through grants and other means. 1576
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INTERLOCAL AGREEMENT 1577
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, 1578
OPERATION AND MAINTENANCE OF 1579
THE WIDE AREA COMMUNICATIONS SYSTEM 1580
1581
1582
Exhibit F – Monthly, Quarterly and Annual Evaluation Factors 1583
1584
1585
Maintain system reserve capacity at or above the level approved by the Governing Board. 1586
1587
Maintain coverage at RFP’s coverage specifications. 1588
1589
Report number of minutes of BVWACS non-normal operation. 1590
1591
Report number of system busies. 1592
1593
Report BVWACS Support Vendor response time to system problems. 1594
1595
Develop shared Staff performance measures. 1596
1597
Report peak Busy Hour for each month. 1598
1599
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INTERLOCAL AGREEMENT 1600
FOR THE CONSTRCTION, IMPLEMENTATION, OPERATION AND 1601
MAINTENANCE OF 1602
THE WIDE AREA COMMUNICATIONS SYSTEM 1603
1604
Exhibit G- Governance, Operation, and Maintenance Flow Chart 1605
and Distribution of Board Membership 1606
BVWACS Managing
Entity
Brazos Valley Council of
Governments
BVWACS Operating Board
Bryan - 1 Member, 1 Alternate
College Station - 1 Member, 1 Alternate
Brenham - 1 Member, 1 Alternate
Brazos County - 1 Member, 1 Alternate
Washington County- 1 Member, 1 Alternate
Texas A & M University – 1 Member, 1 Alternate
BVWACS Governing Board
Bryan’s Mayor, or delegate
College Station’s Mayor or delegate
Brenham’s Mayor or delegate
Brazos County’s Judge or delegate
Washington County’s Judge or delegate
Texas A & M’s , Vice President and Associate
Provost for Information Technology, or delegate
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INTERLOCAL AGREEMENT 1607
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, 1608
OPERATION AND MAINTENANCE OF 1609
THE WIDE AREA COMMUNICATIONS SYSTEM 1610
1611
Exhibit H – Staffing for BVWACS Program for FY 200_ 1612
1613
Radio System Manager (100 %) 1614
1615
213