HomeMy WebLinkAbout08/18/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Monday, August 18, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation: The Brazos Valley Bombers will present a check for the funds collected from the sale of
green jerseys and a ceremonious green jersey to Mayor White.
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 of Regular Meeting, August 6, 2008. .
b. Presentation, possible action and discussion on calling a public hearing on the City of College
Station 2008-2009 Proposed Budget for Thursday September 11, 2008.
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Monday, August 18, 2008
c. Presentation, discussion and possible action regarding an ordinance to approve and ratify
revisions to the ByLaws for the Parks and Recreation Advisory Board.
d. Presentation, possible action, and discussion on a change order to Contract #08-063 with R.M.
Dudley Construction, for changes in the scope of work related to the development of the University,
Edelweiss Gartens, and Woodland Hills Neighborhood Parks in the amount of $46,870.83.
e. Presentation, possible action, and discussion regarding approval of a contract with Sungard Public
Sector (SPS), formerly Sungard HTE, for the purchase of imaging interfaces for the Financial and
Community Services applications in use by the Fiscal Services and the Planning and Development
Services Departments in an amount not to exceed $29,580.00.
f. Presentation, possible action and discussion regarding the approval of a resolution for the Annual
Reconfirmation and use of Service and Equipment to be provided by the City of College Station in
the Event of a Radiological Incident at the Texas A&M University Nuclear Science Center.
g. Presentation, possible action, and discussion regarding the renovations and building maintenance
of Fire Stations #1, Fire Station #2, and Fire Station #5 with a Buy Board Standard Hours Contract
price agreement with Jamail / Smith Construction, in the amount of $ 99,493.94.
h. Presentation, possible action and discussion regarding an Emergency Law Enforcement
Assistance Interlocal Agreement.
i. Presentation, possible action, and discussion on the second reading of a Franchise Agreement
Amendment to the Texas Commercial Waste, Recycling Franchise Agreement, regarding a cost
increase of $0.25 per household per month. The amendment will result in an increase from $2.15 to
$2.40 to the City for curbside recycling collection services.
j. Presentation, possible action, and discussion on an Advance Funding Agreement (AFA) with the
Texas Department of Transportation (TxDOT) to install, as part of the F.M. 2154 (Wellborn
Road)/F.M. 2818 (Harvey Mitchell Parkway) interchange construction project, landscape and
hardscape improvements in the vicinity of the new interchange in an amount not to exceed
$382,054.00.
k. Presentation, discussion, and possible action regarding approval of a Contract for federal HOME
Community Housing Development Organization (CHDO) set-aside funds to the Brazos Valley
Community Action Agency (BVCAA) in the amount of $200,415.30 for the construction of
affordable housing, and $66,805.10 in CHDO operating funds.
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.
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Monday, August 18, 2008
Individuals who wish to address the City Council on an item posted as a public hearing shall register
with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor
will recognize individuals who wish to come forward to speak for or against the item. The speaker
will state their name and address for the record and allowed three minutes. A timer alarm will sound at
2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is
closed, there shall be no additional public comments. If Council needs additional information from the
general public, some limited comments may be allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official
minutes as being in support or opposition to an agenda item, the individual may complete the
registration form provided in the lobby by providing the name, address, and comments about a city
related subject. These comments will be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion of an ordinance rezoning Lot 9 of
the Bald Prairie Subdivision, consisting of 2.93 acres, from A-O Agricultural-Open to R-1
Single-Family Residential for the properties located at 13881, 13889, 13909 Renee Lane,
generally located on the east side of Renee Lane.
2. Public hearing, presentation, possible action and discussion on an ordinance rezoning 0.4848
acres from R-1, Single Family Residential to R-4, Multi-Family Residential located at 1475
Harvey Mitchell Parkway at the northwest corner of Jones Butler Road and FM 2818.
3. Public hearing, presentation, possible action, and discussion regarding the service plan for 1.02
acres in the 3200 block of Rock Prairie Road West identified for annexation under the exempt
status.
4. Public hearing, presentation, possible action, and discussion on an ordinance amending the
Comprehensive Land Use Plan for 39.873 acres from Rural Residential to Single-Family
Residential, Medium Density, Single-Family Residential, High Density, Residential Attached
and Planned Development for commercial and office uses for the property located at 11800
Jones Butler Road generally located on Jones Butler Road near Cain Road.
5. Presentation, possible action, and discussion approving a Resolution Determining Need that
identifies a tract of land needed for the Bee Creek Greenway Project.
6. Presentation, possible action, and discussion to approve an ordinance by the City Council of the
City of College Station, Texas, issuing $26,440,000 City of College Station Certificates of
Obligation, Series 2008.
7. Presentation, possible action and discussion to approve an ordinance by the City Council of the
City of College Station, Texas, issuing $9,455,000 City of College Station General Obligation
Bonds, Series 2008.
8. Presentation, possible action, and discussion approving a Real Estate Contract with Eddye
Vivian Young and Katherine Jackson that will authorize the purchase of real estate needed for
the future extension of Eisenhower Street.
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Monday, August 18, 2008
9. Presentation, possible action and discussion of an ordinance calling a bond election on
November 4, 2008 and consideration of a bond election communication plan.
10. Presentation, possible action and discussion of appointment of Council member to Wolf Pen
Creek TIF Board.
11. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will
be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas
will be held on the Monday, August 18, 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 15th day of August, 2008 at 2:00 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 August 15, 2008 at 2:00 pm and
remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official 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-
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Monday, August 18, 2008
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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Mayor Council members
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop & Regular Meeting
Wednesday, August 6, 2008 3:00 & 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor Pro Tem McIlhaney, Council members Maloney and Stewart
COUNCIL ABSENT: Council members Massey, Crompton and Ruesink
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, City Attorney Cargill Jr., City
Secretary Hooks, Deputy City Secretary McNutt, Management Team
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the
consent agenda.
Council member Maloney inquired on consent agenda item 2f. He questioned why only one bid was received.
He also commented on consent item 2m, the price difference between the two bids on hot asphalt. Asst.
Director of Fiscal Services Cheryl Turney explained that the online bidding process is a great resource for
vendors. However, the current market status is affecting the contractor bids and businesses ability to
competitively bid.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding the Brazos
County Prescription Discount Card program.
Introduced by Hayden Migl, Assistant to the City Manager.
Marc Hamlin, Brazos County District Clerk summarized the Brazos County Prescription Discount Card
program and the positive response from citizens in the community.
Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion regarding proposed water
conservation rates.
David Coleman, Water Services Director presented an overview of the proposed water conservation rates.
Staff presented two goals for the new rate system:
1) Promote water conservation
2) Achieve equity in revenue management.
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A table to illustrate the current and proposed rates for fiscal year 2009.
No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion on escalating contract
prices and contract cancellations affecting the City of College Station.
Introduced by Jeff Kersten, Chief Financial Director.
Cheryl Turney, Assistant Fiscal Services Director described to Council recent scenarios of volatile market
pressures affecting bidders and vendors doing business with the City. She expressed concern about the
increasing cost in commodities and services and the impact toward providing excellent customer service to our
citizens.
She noted that the City is looking at ways to mend some of these concerns, one being contract amendment
requirements.
No formal action was taken.
Workshop Agenda Item No. 5 -- Presentation, discussion and possible action regarding future plans and
strategies to address the long-term quality and vibrancy of the City’s housing stock.
David Gwin, Director of Economic and Community Development presented housing strategies targeted at the
long-term quality of the City’s housing stock. Staff presented six new strategies that will further all of the
programming parameters: housing condition analysis, housing quality initiative, community development fund,
exclusionary housing development, student housing design initiative. In addition, these strategies included
service enhancements to focus efforts in the older areas and moderate-income target areas.
Goals:
Affect the long term viability of our housing stock.
Proactively address the quality and condition of rental property.
Encourage community input and heighten public awareness.
Facilitate involvement with stakeholders.
__________________________________
At 4:45 pm, Mayor White announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.072, and 551.087 of the Open Meetings Act to seek the advice of our attorney, to
consider personnel matters, and discuss economic development negotiations.
Workshop Agenda Item No. 9 -- Executive Session will immediately follows the workshop meeting in the
Administrative Conference Room.
Usage
Existing Proposed
0-5,000 $2.22 $2.22
6,000-10,000 $2.22 $2.88
11,000-20,000 $2.22 $3.54
21,000-25,000 $2.22 $4.20
26,000+ $2.22 $4.86
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Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek advice
from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client
privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or
settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need
information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer
or attorney-client privileged information. After executive session discussion, any final action or vote taken will
be in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply Corporation.
b. Sewer CCN permit requests.
c. Water CCN permit requests.
d. Water service application with regard to Wellborn Special Utility District.
e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
f. Legal aspects of Water Well and possible purchase of or lease of water well sites.
g. JK Development v. College Station.
h. Taylor Kingsley v. College Station.
i. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station.
j. TMPA v. PUC (College Station filed Intervention).
k. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste
Management Agency contract, on proposed methane gas contract. Update on legal proceedings for Grimes
County Landfill site and contracts for development of Grimes County site.
Real Estate {Gov’t Code Section 551.072}; possible action The City Council may deliberate the purchase,
exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on
the position of the City in negotiations with a third person. After executive session discussion, any final action
or vote taken will be in public. The following subject(s) may be discussed:
a. Land exchange involving property adjacent to Carter Creek near State Highway 6 in the vicinity of the
Varsity Ford Dealership.
Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action The City Council may
deliberate on commercial or financial information that the City Council has received from a business prospect
that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in
conducting economic development negotiations may deliberate on an offer of financial or other incentives for
a business prospect. After executive session discussion, any final action or vote taken will be in public. The
following subject(s) may be discussed:
a. Hotel and Conference Center
b. Proposed Development located North and East of the Intersection of William D Fitch and State Hwy 6
Workshop Agenda Item No. 10 -- Action on executive session, or any workshop agenda item not
completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if
necessary.
No formal action was taken.
Workshop Agenda Item No. 11 -- Adjourn.
The workshop meeting concluded following the regular meeting. See regular meeting minutes for discussion
of remaining workshop items.
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Wednesday, August 6, 2008
MINUTES
Regular Meeting, Wednesday, August 6, 2008
Agenda Item No. 1 -- Pledge of Allegiance, Invocation Hear visitors.
Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of
Allegiance. Mayor White provided the invocation.
Council approved the absence requests by Council members Massey, Crompton and Ruesink
Hear Visitors
No one spoke.
Agenda Item No. 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. Approved minutes for City Council workshop and regular meetings, July 10, 2008, Special Meeting July 2,
and City Council Retreat sessions, June 30 and July 1.
b. Approved Resolution No. 8-06-08-2b approving Notices of Sale, Preliminary Official Statements and
related materials for the sale of "City of College Station, Texas General Obligation Improvement Bonds, Series
2008" and "City of College Station, Texas Certificates of Obligation, Series 2008" including selection of a date
for opening bids.
c. Approved Resolution No. 8-06-08-2c adopting the Economic and Community Development Department’s
proposed 2008-09 Community Development Action Plan and Budget.
d. Presentation, discussion, and possible action regarding a resolution approving a Contract for federal HOME
CHDO Set-Aside funds to the Brazos Valley Community Action Agency (BVCAA) in the amount of
$200,415.30 for the construction of affordable housing, and $66,805.10 in CHDO operating funds. (staff
removed this item from agenda).
e. Approved Resolution No. 8-06-08-2e approving expenditure of $102,585.00 for construction services
provided by Brazos Valley Services, to replace the collapsed storm drain on Southwest Parkway between
Dexter Drive and Southwest Village Apartments and approval of a construction contract for the work to be
performed.
f. Approved Resolution No. 8-06-08-2f awarding contract 08-65 to Bryan Construction for $313,231 for
electrical and physical security improvements to the elevated water storage tanks.
g. Approved ratification of a purchase order for $178,839.80 for emergency replacement of the Well 2 pump.
h. Approved consultant contract with Fox Lawson & Associates LLC, to provide professional services for the
completion of a comprehensive, city-wide, Classification study.
i. Approved the authorization of $700,000 for the purchase of diesel fuel and gasoline with Brenco Marketing
bringing the total annual estimated expenditures to $1,967,340.00.
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Wednesday, August 6, 2008
j. Approved the authorization of expenditures up to $60,000 for the purchase of automobile parts with NAPA
Automotive.
k. Approved the authorization of additional funds for professional services from Bickerstaff, Heath, Delgado
& Acosta, LLP. for the Brazos Valley Solid Waste Management Agency (BVSWMA) condemnations for the
Twin Oaks Landfill Facility property in the amount of $75,000.00 for total funds of $150,000.00. Approval by
the Council of this request ratified an additional $48,783.63 expended and legal costs associated with this
project.
l. Approved the authorization of additional funds for professional services from Bruchez, Goss, Thornton,
Meronoff & Hawthorne, PC. for the Brazos Valley Solid Waste Management Agency (BVSWMA)
condemnations for the Twin Oaks Landfill Facility property in the amount of $75,000.00 for total funds of
$125,000.00. Approval by the Council of this request ratified an additional $42,080.32 expended and provided
funds for additional legal costs associated with this project.
m. Approved awarding bid #08-82 to Knife River to provide Type D Hot Mix Asphalt for the maintenance of
streets for a three month period in an amount not to exceed $181,500.00 ($60.50 per ton). A secondary contract
is requested for the provision of this material by the second bidder, Brazos Valley Services, in an amount not to
exceed $60,000.00 ($80.00 per ton) only in emergency situations when Knife River is unable to provide
material.
n. Approved Ordinance No. 3085 amending Chapter 10, “Traffic Code,” to change the posted speed limit on
sections of FM 60.
o. Approved a Professional Services Contract with Jacobs Engineering, Inc., in the amount of $82,725, for
construction inspection services on the Memorial Cemetery construction project; and approved Resolution No.
8-06-2008-2o declaring intention to reimburse certain expenditures with proceeds from debt.
A motion was made by Council member Maloney to approve consent agenda items 2a thru 2o with the removal
of Consent Item 2d. Seconded by Council member Stewart which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an
ordinance amendment to Chapter 12 of the Code of Ordinances, Unified Development Ordinance
Section 2.4 Design Review Board regarding membership.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Molly Hitchcock, Development Services summarized the proposed ordinance amending Chapter 12 of the
Code of Ordinances regarding membership criteria on the Design Review Board
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Mayor ProTem McIlhaney to approve Ordinance No. 3086 amending Chapter 12 of
the Code of Ordinances to change the Design Review Board’s membership. Seconded by Council member
Maloney, which carried 4-0.
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FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on
consideration of an ordinance amending Chapter 10, “Traffic Code,” to remove parking on the north
side of Cherry Street between College Main and Tauber Street.
Introduced by Robert Alley, Fire Chief.
Eric Hurt, Assistant Fire Chief explained the proposed ordinance to remove parking on the north side of Cherry
Street between College Main and Tauber Street for the purpose of providing the necessary width needed by
emergency vehicles responding to the multi-story development.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Mayor ProTem McIlhaney to approve Ordinance No. 3087 to remove parking on the
north side of Cherry Street between College Main and Tauber Street and seconded by Council member
Stewart, which carried 4-0
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 3 -- Public hearing, presentation, possible action and discussion of an
ordinance amending Chapter 10 “Traffic Code”, to remove parking along Dartmouth Street between
Krenek Tap Road and Harvey Mitchell Parkway (FM 2818).
Chuck Gilman, Director of Capital Improvement Projects presented a proposed ordinance to remove parking
along Dartmouth Street between Krenek Tap Road and Harvey Mitchell Parkway to prevent vehicles from
parking in the bike lanes.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Council member Maloney to approve Ordinance No. 3088 to remove parking along
Dartmouth Street between Krenek Tap Road and Harvey Mitchell Parkway and seconded by Council member
Stewart, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on
consideration of an ordinance amending Chapter 10, “Traffic Code,” to restrict parking on the south
side of Park Place between Anderson Street and Holik Street.
Introduced by Mark Smith, Director of Public Works.
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Troy Rother, Traffic Engineer presented a proposed ordinance to restrict parking on the south side of Park
Place between Anderson Street and Holik Street to improve transportation and continue to protect the health
and safety of the residents and area motorists.
Mayor White opened public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Council member Stewart to approve Ordinance No. 3089 to restrict parking on the
south side of Park Place between Anderson Street and Holik Street and seconded by Mayor ProTem
McIlhaney, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 5 -- Public hearing, presentation, possible action, and discussion on an
ordinance amending to the Comprehensive Land Use Plan from Single Family Residential Medium
Density to Industrial / R & D for 2.04 acres located at 3227 Rock Prairie Road West generally located
south of the Williamsgate Subdivision and 2,000 feet west of the intersection with Wellborn Road.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Jason Schubert, Staff Planner presented a proposed ordinance amending the Comprehensive Land Use Plan
from Single Family Residential Medium Density to Industrial / R&D for 2.04 acres located at 3227 Rock
Prairie Road West. Staff recommended approval.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Council member Maloney to approve Ordinance No. 3090 to change 2.04 acres
located at 3227 Rock Prairie Road West from a Single Family Residential Medium Density to Industrial/
Research and Development. Seconded by Council member Stewart, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 6 -- Public hearing, presentation, possible action, and discussion on an
ordinance rezoning 2.04 acres from A-O Agricultural Open to C-2 Commercial-Industrial for the
property located at 3227 Rock Prairie Road West generally located south of the Williamsgate
Subdivision and 2,000 feet west of the intersection with Wellborn Road.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Jason Schubert, Staff Planner presented a proposed ordinance to rezone 2.04 acres located at 3227 Rock Prairie
Road West generally located south of the Williamsgate Subdivision and 2,000 feet west of the intersection with
Wellborn Road from A-O Agricultural Open to C-2 Commercial-Industrial.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
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A motion was made by Mayor ProTem McIlhaney to approve Ordinance No. 3091 to rezone 2.04 acres
located at 3227 Rock Prairie Road West from A-O Agricultural Open to C-2 Commercial-Industrial. Seconded
by Council member Stewart, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 7 -- Presentation, possible action, and discussion regarding an ordinance
directing staff to prepare a service plan and setting out public hearing dates and times for the
annexation of 1.02 acres on Rock Prairie Road West.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Lance Simms, Asst. Director of Planning & Development Services presented a proposed ordinance directing
staff to prepare a service plan for areas identified for annexation. This service plan contains the provisions of
specific municipal services to 1.02 acres on Rock Prairie Road West.
A motion was made by Council member Maloney to approve Ordinance No. 3092 directing staff to prepare a
service plan for areas identified for annexation. Seconded by Council member Stewart, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 8 -- Public Hearing, presentation, possible action, and discussion approving an
ordinance vacating and abandoning a 10-foot wide sanitary sewer easement, which is located on Lot 1,
Block 1 of The Lofts – Wolf Pen Creek Subdivision according to the plat recorded in Volume 8567, Page
278 of the Deed Records of Brazos County, Texas.
Introduced by Mark Smith, Director of Public Works.
Alan Gibbs, City Engineer presented a proposed ordinance vacating and abandoning a 10 foot wide sanitary
sewer easement which is located on Lot 1, Block of the Lofts – Wolf Pen Creek to accommodate the
development of this subject tract as The Lofts.
Mayor White opened the public hearing.
Natalie T. Ruiz. AICP, IPS Group representing the developer, came forward to answer questions.
Mayor White closed the public hearing.
A motion was made by Council member Stewart to approve Ordinance No. 3093 vacating and abandoning a
ten foot wide sanitary sewer easement located on Lot 1, Block 1 of The Lofts – Wolf Pen Creek. Seconded by
Mayor ProTem McIlhaney, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
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Regular Agenda Item No. 9 -- Presentation, possible action, and discussion on the first reading of a
Franchise Agreement Amendment to the Texas Commercial Waste, Recycling Franchise Agreement,
regarding a rate increase of $0.25 per household per month. The amendment will result in an increase
from $2.15 to $2.40 to the City for curbside recycling collection services.
Introduced by Mark Smith, Director of Public Works.
Wally Urrutia, Sanitation Superintendent presented Council the first of three readings of a Franchise
Agreement Amendment to increase the public sanitary waste (trash) to $0.25 per household per month and this
will result in an increase from $2.15 to $2.40 to the City for curbside recycling collection services.
A motion was made by Council member Maloney to approve the first reading of the Franchise Agreement
Amendment to increase the public sanitary waste and seconded by Council member Stewart, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Regular Agenda Item No. 10 -- Presentation, possible action, and discussion regarding Council selection
of applicants to Cemetery Committee and Historic Preservation Committee.
Connie Hooks, City Secretary presented applicants to the Cemetery Committee and Historic Preservation
Committee.
A motion was made by Council member Maloney to approved Bahman Yazdani as alternate member to the
Cemetery Committee. Seconded by Council member Stewart, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
A motion was made by Council member Maloney to approve Dorthea Robinson as a member to the Historic
Preservation Committee. Seconded by Council member Stewart, which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Crompton, Massey and Ruesink
Council returned to the workshop meeting agenda to complete the following items.
Workshop Agenda Item No. 6 -- Council Calendar
Council reviewed the upcoming events and activities.
Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion on future agenda items: A
Council Member may inquire about a subject for which notice has not been given. A statement of
specific factual information or the recitation of existing policy may be given. Any deliberation shall be
limited to a proposal to place the subject on an agenda for a subsequent meeting.
No topics were presented.
14
Council Workshop and Regular Minutes Page 10
Wednesday, August 6, 2008
Workshop Agenda Item No. 8 -- Discussion, review and possible action regarding the following
meetings: Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos
Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery
Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association,
Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee,
Metropolitan Planning Organization, National League of Cities, Outside Agency Funding Review, Parks
and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student
Senate, Research Valley Partnership, Regional Transportation Committee for Council of Governments,
Texas Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen
Creek TIF Board, Zoning Board of Adjustments (Notice of Agendas posted on City Hall bulletin board).
Mayor White – BVWATF final meeting, MPO, Research Valley Partnership
Regular Agenda Item No. 11 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 7:55 p.m. on Wednesday, August 6, 2008.
A motion was made by Mayor ProTem McIlhaney to adjourn. Motion seconded by Council member Stewart,
which carried 4-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Maloney and Stewart
AGAINST: None
ABSENT: Massey, Crompton and Ruesink
PASSED AND APPROVED this 18th day of August, 2008.
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
15
August 18, 2008
Consent Agenda Item No. 2b
Call Public Hearing on FY 08-FY 09 Proposed Budget
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on calling a public hearing
on the City of College Station 2008-2009 Proposed Budget for Thursday September 11,
2008.
Recommendation(s): Staff recommends the City Council call a public hearing on the
City of College Station 2008-2009 Proposed Budget for Thursday September 11, 2008.
Summary: State law says that notice of the public hearing on the budget must be made
no less than 10 days prior to the meeting for the public hearing. After the public hearing
the Council may insert or delete items or may increase or decrease items so long as the
total of any increases or insertions do not increase the total budget by 3% or more.
Budget & Financial Summary: The proposed budget will be available for review.
Attachments:
N/A
16
August 18, 2008
Consent Agenda Item No. 2c
Revisions to Parks and Recreation Advisory Board Bylaws
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director of Parks & Recreation
Agenda Caption: Presentation, discussion and possible action regarding an ordinance to
approve and ratify revisions to the Bylaws for the Parks and Recreation Advisory Board.
Recommendation(s): To adopt and ratify revised Bylaws for the Parks and Recreation
Advisory Board
Summary: The current Bylaws were amended on February 10, 2005 (Attachment 2). The
proposed ordinance provides some very basic changes to the existing Bylaws (Attachment
3). These changes include:
· Revision of the Mayor’s name
· Clarification of wording
· Order of business additions
· Changes to the amendment process
These changes were originally advertised and considered by the Parks and Recreation
Advisory Board at its June 10, 2008 meeting. It was again reviewed by the Board at its July
8, 2008 meeting, since section 2.S. of Chapter 8 of our Code of Ordinances requires the
Board to make its final recommendation at a meeting different from the date it was first
advertised. Furthermore, this was reviewed by the Board at its August 12, 2008 meeting,
for their approval of the changes being recommended to the amendment process. The
minutes of these meetings are attached (Attachments 4A, 4B, and 4C). These proposed
changes are then subject to “ratification” by City Council pursuant to section 2.D. of Chapter
8 of our Code. In actuality, the Board is not implementing these revisions until Council
approves them.
Budget & Financial Summary: There is no financial impact related to this matter.
Attachments:
1. Ordinance No.________
2. Parks and Recreation Board Bylaws February 2005
3. ByLaws Recommendations for Amendment
4. Board Minutes
A. June 10, 2008
B. July 8, 2008
C. August 12, 2008
17
ORDINANCE NO. _________
AN ORDINANCE AMENDING CHAPTER 8, “PERSONNEL”, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS 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 8, “Personnel”, 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 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 Five Hundred Dollars ($500.00). 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 34 of the Charter of the City of College Station.
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
18
ORDINANCE NO. ____________________ Page 2
EXHIBIT “A”
That Chapter 8, “Personnel”, Section 2, “Parks and Recreation Advisory Board”, of the
Code of Ordinances of the City of College Station, Texas, is hereby amended, by deleting
Section 2 in its entirety and inserting the revised Section 2 as set out hereafter to read as
follows:
“SECTION 2: PARKS AND RECREATION ADVISORY BOARD
A. PURPOSE
The "College Station Parks and Recreation Advisory Board", hereinafter referred
to as the “Board”, shall be composed of nine (9) members. The duties of said
Board shall be to advise and recommend to the City Council on all matters to the
establishment, maintenance, and operation of city parks and recreation programs
for the CITY OF COLLEGE STATION and to carry out other duties as may be
assigned by the City Council.
B. TERMS OF OFFICE; VACANCIES
(1) The terms of office for said Parks and Recreation Advisory Board shall
commence on July 1st and shall be for two (2) years in length. The members
of the Board shall be appointed by the City Council on a staggered basis
with five (5) expiring in uneven years and four (4) expiring in even years.
The Council shall appoint one (1) member to serve as Chair. One (1)
member will serve as Vice-Chair on an annual basis, as selected by the
Board at the July meeting.
(2) Members appointed to fill vacancies on said board shall be for the remainder
of the term of his predecessor.
C. TERMINATION
As stated in City Ordinance No. 2406, any board member appointed by the City
Council shall forfeit that membership if absent for more than three (3) meetings in
a twelve month period that are considered unexcused by definition, or twenty-five
percent (25%) of the meetings, whichever is greater, in one appointment year,
unless the absenteeism is for:
(1) Vacation
(2) Illness
(3) Family Emergency
(4) Jury Duty
(5) Business out of town
19
ORDINANCE NO. ____________________ Page 3
Absenteeism may also be excused by the Board or by the City Council. If a
member goes beyond this absenteeism limit, the City Council shall be advised to
declare the position vacant and appoint a new member to fill the vacancy.
Unexcused absences include failure to notify Chair or Board Secretary of a valid
reason or good cause for absence prior to a scheduled meeting.
D. ORGANIZATION
Said Board is authorized to establish its own rules, regulations, and by-laws. The
Board shall provide for regular and special meetings necessary to carry on its
business.
E. LIMITATIONS
The Board shall not be authorized to incur on behalf of the CITY OF COLLEGE
STATION any expense incident to the operation of said Parks and Recreation
Department programs, unless expressly authorized to do so by the CITY
COUNCIL. The Board shall not knowingly conduct business that has been
assigned by ordinance to any other governing or advisory board of the CITY OF
COLLEGE STATION.
F. NOTICE OF MEETINGS
Notice of all regular meetings shall be delivered to each member of the Board at
least seventy-two (72) hours prior to each meeting. Notice of all meetings and
agendas shall be posted at City Hall and delivered to the news media in
compliance with all state and local laws.
G. REGULAR MEETINGS
The regular meeting shall be held on the second Tuesday of each month at the
hour of 7:00 p.m. unless otherwise designated in the Notice, and at such place as
is designated in the Notice.
H. SPECIAL MEETINGS
Special meetings may be called at any time by the Chair of the Board or by three
(3) members of the Board.
I. QUORUM
Five (5) members of the Board shall constitute a quorum at all times.
20
ORDINANCE NO. ____________________ Page 4
J. RULES OF ORDER
General parliamentary rules, as given in Robert's Rules of Order, as modified by
the rules and regulations of the Board shall be observed in conducting meetings of
the Board.
K. ORDER OF BUSINESS
The following shall be the Order of Business of the Board, but the rules of order
may be suspended and any matters considered or postponed by action of the
Board:
(1) Call to order.
(2) Roll call and possible action concerning requests for absences.
(3) Hear visitors.
(4) Consideration of minutes of last regular meeting and of any special
meetings held subsequently, and their approval or amendment.
(5) Reports and Board action items.
(6) Future Agenda Items.
(7) Adjourn.
L. APPOINTMENT OF OFFICERS
The Council shall appoint one (1) member of the Board to serve as Chair. One
(1) member will serve as Vice-Chair on an annual basis, as selected by the Board
at the July meeting.
M. DUTIES OF THE BOARD CHAIR
The Board Chair shall preside at the meetings of the Board, and shall perform the
other duties ordinarily performed by that officer. The Chair shall prepare and
present an annual report to the City Council stating significant accomplishments
from the preceding twelve (12) months.
N. DUTIES OF THE VICE-CHAIR
The Board Vice-Chair, in the absence of the Chair, shall perform all the duties of
the Board Chair. In the absence of both the Chair and the Vice-Chair, the Board
shall elect a Chair Pro Tempore who shall perform the duties of the Board Chair.
O. DUTIES OF THE PARKS AND RECREATION DEPARTMENT DIRECTOR
The Director shall act as the Chief Executive Officer of the Board, but shall not be
a member. The Director shall attend all regular meetings and participate in
discussions, but shall not be entitled to vote.
21
ORDINANCE NO. ____________________ Page 5
P. DUTIES OF THE SECRETARY TO THE BOARD
The Parks and Recreation Department Staff Assistant shall act as the Secretary to
the Board, but shall not be a member. The Staff Assistant shall prepare agendas,
post the appropriate notices, notify Board members of all regular meetings at least
seventy-two (72) hours prior to the meeting, transcribe minutes from regular and
special meetings in which a quorum of the Board is present, and maintain the
minutes and records of the Board in compliance with all state and local laws.
Q. APPOINTMENT OF SPECIAL COMMITTEES
Special Committees shall be appointed by the Chair for consideration and study of
any matter not covered by the Board during regular or special meetings. The
Special Committees shall report their findings to the Board.
R. AMENDMENTS
These by-laws may be amended at any regular meeting of the Board by a majority
vote of the members present, provided previous notice of the nature of any
proposed amendment shall have been given at least one regular meeting before
the action thereon shall be taken.
These by-laws shall be automatically amended by any future ordinances passed
by the City Council dealing with matters relating to the Parks and Recreation
Advisory Board.
Initial Approval: October 27, 1983
2004 Revision Approval by Parks and Recreation Advisory Board: November 9, 2004
2004 Revision Approval by Council: February 10, 2005
2008 Advertisement and Consideration by Parks and Recreation Advisory Board: June 10, 2008
2008 Revision Approval by Parks and Recreation Advisory Board: July 8, 2008
2008 Revision Approval by Parks and Recreation Advisory Board: August 12, 2008
22
Parks and Recreation Board Page 1 of 4
Constitutional By-laws Revised January 28, 2005
CONSTITUTIONAL BY-LAWS
of the
PARKS AND RECREATION ADVISORY BOARD
CITY OF COLLEGE STATION, TEXAS
THE BOARD SHALL BE GOVERNED BY
CITY ORDINANCE NUMBER 1137 - NOVEMBER 9, 1978
A. PURPOSE
The "College Station Parks and Recreation Advisory Board", herein-after referred to as
the “Board”, shall be composed of nine (9) members. The duties of said Board shall be
to advise and recommend to the City Council on all matters to the establishment,
maintenance, and operation of city parks and recreation programs for the CITY OF
COLLEGE STATION and its inhabitants and to carry out other duties as may be
assigned by the City Council.
B. TERMS OF OFFICE; VACANCIES
(1) The terms of office for said Parks and Recreation Advisory Board shall commence
on July 1st and shall be for two (2) years in length. The members of the Board shall
be appointed by the City Council on a staggered basis with five (5) expiring in
uneven years and four (4) expiring in even years. The Council shall appoint one (1)
member to serve as Chairman. One (1) member will serve as Vice-Chairman on an
annual basis, as selected by the Board at the July meeting.
(2) Members appointed to fill vacancies on said board shall be for the remainder of the
term of his predecessor.
C. TERMINATION
As stated in City Ordinance No. 2406, any board member appointed by the City Council
shall forfeit that membership if absent for more than three (3) meetings in a twelve month
period that are considered unexcused by definition, or 25% of the meetings, whichever is
greater, in one appointment year, unless the absenteeism is for:
a. Vacation
b. Illness
c. Family Emergency
d. Jury Duty
e. Business out of town
Absenteeism may also be excused by the Board or by the City Council. If a member goes
beyond this absenteeism limit, the City Council shall be advised to declare the position
vacant and appoint a new member to fill the vacancy. Unexcused absences include
23
Parks and Recreation Board Page 2 of 4
Constitutional By-laws Revised January 28, 2005
failure to notify Chairman or Board Secretary of a valid reason or good cause for absence
prior to a scheduled meeting.
D. ORGANIZATION
Said Board is authorized to establish its own rules, regulations, and by-laws subject to
ratification by the City Council and shall provide for regular and special meetings
necessary to carry on its business.
E. LIMITATIONS
The Board shall not be authorized to incur on behalf of the CITY OF COLLEGE
STATION any expense incident to the operation of said Parks and Recreation programs,
unless expressly authorized to do so by the CITY COUNCIL. The Board shall not
knowingly conduct business that has been assigned by ordinance to any other governing
or advisory board of the CITY OF COLLEGE STATION.
F. REGULAR MEETINGS
The regular meeting shall be held on the second Tuesday of each month at the hour of
7:00 p.m. unless otherwise designated in the Notice, and at such place as is designated in
the Notice.
G. NOTICE OF MEETINGS
Notice of all regular meetings shall be delivered to each member of the Board at least
seventy-two (72) hours prior to each meeting. Notice of all meetings and agendas shall
be posted at City Hall and delivered to the news media in compliance with all state and
local laws.
H. SPECIAL MEETINGS
Special meetings may be called at any time by the Chairman of the Board or by three (3)
members of the Board.
I. PLACE OF MEETING
The place of the meeting shall be the location designated in the Notice.
J. QUORUM
Five (5) members of the Board shall at all times constitute a quorum.
24
Parks and Recreation Board Page 3 of 4
Constitutional By-laws Revised January 28, 2005
K. RULES OF ORDER
General parliamentary rules, as given in Robert's Rules of Order, as modified by the rules
and regulations of the Board shall be observed in conducting meetings of the Board.
L. ORDER OF BUSINESS
The following shall be the Order of Business of the Board, but the rules of order may be
suspended and any matters considered or postponed by action of the Board:
1. Call to order.
2. Roll call and possible action concerning requests for absences.
3. Hear visitors.
4. Consideration of minutes of last regular meeting and of any special meetings held
subsequently, and their approval or amendment.
5. Reports and Board action items.
M. APPOINTMENT OF OFFICERS
The Council shall appoint one (1) member of the Board to serve as Chairman. One (1)
member will serve as Vice-Chairman on an annual basis, as selected by the Board at the
July meeting.
N. DUTIES OF THE BOARD CHAIRMAN
The Chairman of the Board shall preside at the meetings of the Board, and shall perform
the other duties ordinarily performed by that officer. The Chairman shall prepare and
present an annual report to the City Council stating significant accomplishments from the
preceding twelve (12) months.
O. DUTIES OF THE VICE-CHAIRMAN
The Vice-Chairman of the Board, in the absence of the Chairman, shall perform all the
duties of the Chairman of the Board. In the absence of both the Chairman and the Vice-
Chairman, the Board shall elect a Chairman Pro Tempore who shall perform the duties of
the Chairman of the Board.
P. DUTIES OF THE PARKS AND RECREATION DIRECTOR
The Director shall act as the Chief Executive Officer of the Board, but shall not be a
member. The Director shall attend all regular meetings and participate in discussions, but
shall not be entitled to vote.
25
Parks and Recreation Board Page 4 of 4
Constitutional By-laws Revised January 28, 2005
Q. DUTIES OF THE SECRETARY TO THE BOARD
The Parks Staff Assistant shall act as the Secretary to the Board, but shall not be a
member. The Staff Assistant shall prepare agendas, post the appropriate notices, notify
Board members of all regular meetings at least seventy-two (72) hours prior to the
meeting, transcribe minutes from regular and special meetings in which a quorum of the
Board is present, and maintain the minutes and records of the Board in compliance with
all state and local laws.
R. APPOINTMENT OF SPECIAL COMMITTEES
Special Committees shall be appointed shall be appointed by the Chairman for
consideration and study of any matter not covered by the Board during regular or special
meetings. The Special Committees shall report their findings to the Board.
S. AMENDMENTS
These by-laws may be amended at any regular meeting of the Board by a majority vote of
the members present, provided previous notice of the nature of any proposed amendment
shall have been given at least one regular meeting before the action thereon shall be
taken.
These by-laws shall be automatically amended by any future ordinances passed by the
City Council dealing with matters relating to the Parks and Recreation Board.
Initial Approval: October 27th, 1983.
2004 Revision Approval by Parks Board: November 9, 2004
2004 Revision Approved by Council: February 10, 2005
26
c:\docume~1\tmcnutt\locals~1\temp\3 - bylaws recommendation for amendment .doc
8/14/08
EXHIBIT “A”
“SECTION 2: PARKS AND RECREATION ADVISORY BOARD
A. PURPOSE
The "College Station Parks and Recreation Advisory Board", hereinafter referred to as the
“Board”, shall be composed of nine (9) members. The duties of said Board shall be to
advise and recommend to the City Council on all matters to the establishment,
maintenance, and operation of city parks and recreation programs for the CITY OF
COLLEGE STATION and to carry out other duties as may be assigned by the City
Council.
B. TERMS OF OFFICE; VACANCIES
(1) The terms of office for said Parks and Recreation Advisory Board shall commence
on July 1st and shall be for two (2) years in length. The members of the Board shall
be appointed by the City Council on a staggered basis with five (5) expiring in
uneven years and four (4) expiring in even years. The Council shall appoint one (1)
member to serve as Chair. One (1) member will serve as Vice-Chair on an annual
basis, as selected by the Board at the July meeting.
(2) Members appointed to fill vacancies on said board shall be for the remainder of the
term of his predecessor.
C. TERMINATION
As stated in City Ordinance No. 2406, any board member appointed by the City Council
shall forfeit that membership if absent for more than three (3) meetings in a twelve month
period that are considered unexcused by definition, or twenty-five percent (25%) of the
meetings, whichever is greater, in one appointment year, unless the absenteeism is for:
(1) Vacation
(2) Illness
(3) Family Emergency
(4) Jury Duty
(5) Business out of town
Absenteeism may also be excused by the Board or by the City Council. If a member goes
beyond this absenteeism limit, the City Council shall be advised to declare the position
vacant and appoint a new member to fill the vacancy. Unexcused absences include failure
to notify Chair or Board Secretary of a valid reason or good cause for absence prior to a
scheduled meeting.
27
ORDINANCE NO.__________________
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1
D. ORGANIZATION
Said Board is authorized to establish its own rules, regulations, and by-laws. The Board
shall provide for regular and special meetings necessary to carry on its business.
E. LIMITATIONS
The Board shall not be authorized to incur on behalf of the CITY OF COLLEGE
STATION any expense incident to the operation of said Parks and Recreation Department
programs, unless expressly authorized to do so by the CITY COUNCIL. The Board shall
not knowingly conduct business that has been assigned by ordinance to any other
governing or advisory board of the CITY OF COLLEGE STATION.
F. NOTICE OF MEETINGS
Notice of all regular meetings shall be delivered to each member of the Board at least
seventy-two (72) hours prior to each meeting. Notice of all meetings and agendas shall be
posted at City Hall and delivered to the news media in compliance with all state and local
laws.
G. REGULAR MEETINGS
The regular meeting shall be held on the second Tuesday of each month at the hour of
7:00 p.m. unless otherwise designated in the Notice, and at such place as is designated in
the Notice.
H. SPECIAL MEETINGS
Special meetings may be called at any time by the Chair of the Board or by three (3)
members of the Board.
I. QUORUM
Five (5) members of the Board shall constitute a quorum at all times.
J. RULES OF ORDER
General parliamentary rules, as given in Robert's Rules of Order, as modified by the rules
and regulations of the Board shall be observed in conducting meetings of the Board.
28
ORDINANCE NO.__________________
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2
K. ORDER OF BUSINESS
The following shall be the Order of Business of the Board, but the rules of order may be
suspended and any matters considered or postponed by action of the Board:
(1) Call to order.
(2) Roll call and possible action concerning requests for absences.
(3) Hear visitors.
(4) Consideration of minutes of last regular meeting and of any special meetings held
subsequently, and their approval or amendment.
(5) Reports and Board action items.
(6) Future Agenda Items.
(7) Adjourn.
L. APPOINTMENT OF OFFICERS
The Council shall appoint one (1) member of the Board to serve as Chair. One (1)
member will serve as Vice-Chair on an annual basis, as selected by the Board at the July
meeting.
M. DUTIES OF THE BOARD CHAIR
The Board Chair shall preside at the meetings of the Board, and shall perform the other
duties ordinarily performed by that officer. The Chair shall prepare and present an annual
report to the City Council stating significant accomplishments from the preceding twelve
(12) months.
N. DUTIES OF THE VICE-CHAIR
The Board Vice-Chair, in the absence of the Chair, shall perform all the duties of the
Board Chair. In the absence of both the Chair and the Vice-Chair, the Board shall elect a
Chair Pro Tempore who shall perform the duties of the Board Chair.
29
ORDINANCE NO.__________________
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3
O. DUTIES OF THE PARKS AND RECREATION DEPARTMENT DIRECTOR
The Director shall act as the Chief Executive Officer of the Board, but shall not be a
member. The Director shall attend all regular meetings and participate in discussions, but
shall not be entitled to vote.
P. DUTIES OF THE SECRETARY TO THE BOARD
The Parks and Recreation Department Staff Assistant shall act as the Secretary to the
Board, but shall not be a member. The Staff Assistant shall prepare agendas, post the
appropriate notices, notify Board members of all regular meetings at least seventy-two
(72) hours prior to the meeting, transcribe minutes from regular and special meetings in
which a quorum of the Board is present, and maintain the minutes and records of the
Board in compliance with all state and local laws.
Q. APPOINTMENT OF SPECIAL COMMITTEES
Special Committees shall be appointed by the Chair for consideration and study of any
matter not covered by the Board during regular or special meetings. The Special
Committees shall report their findings to the Board.
R. AMENDMENTS
These by-laws may be amended at any regular meeting of the Board by a majority vote of
the members present, provided previous notice of the nature of any proposed amendment
shall have been given at least one regular meeting before the action thereon shall be taken.
These by-laws shall be automatically amended by any future ordinances passed by the City
Council dealing with matters relating to the Parks and Recreation Advisory Board.
Initial Approval: October 27, 1983
2004 Revision Approval by Parks and Recreation Advisory Board: November 9, 2004
2004 Revision Approval by Council: February 10, 2005
2008 Advertisement and Consideration by Parks and Recreation Advisory Board: June 10, 2008
2008 Revision Approval by Parks and Recreation Advisory Board: July 8, 2008
2008 Revision Approval by Parks and Recreation Advisory Board: August 12, 2008
30
31
32
33
August 18, 2008
Consent Agenda Item No. 2d
Change Order to Construction Contract #08-063 for Construction Development of Three
Parks: University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks
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
#08063 with R.M. Dudley Construction, for changes in the scope of work related to the development
of the University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks in the amount of
$46,870.83.
Recommendation(s): Staff recommends approval of the change order.
Summary: Contract #08-063 with Dudley Construction was approved during the March 13, 2008
City Council meeting (Consent Agenda Item #2d). The contract is for the development of three
(3) undeveloped neighborhood parks. The winning bid was under budget. During the
construction phase of the three (3) parks, items have been identified as needing change now
rather than later to save money on construction and mobilization expenses. This change order
request will fund the additional construction and material expenses to be incurred due to changes in the
scope of work for the project. These changes include:
· University Park: Metal powder-coated bridges, parking lot brick paving and additional trees.
· Edelweiss Gartens Park: Additional sidewalks.
· Woodland Hills Park: Satellite Irrigation System, sidewalk credit, landscaping and drip irrigation.
Budget & Financial Summary: Contract #08-063 is a Standard Form of Construction Contract, and
according to City of College Station Purchasing Procedures any change orders exceeding Twenty-
five Thousand Dollars ($25,000) require City Council approval. Change Order #1 is in the
amount of Forty-Six Thousand Eight Hundred Seventy and 83/100 Dollars ($46,870.83). The
project remains under budget with the addition in expenses.
Amount Budgeted: $1,230,837.00
Original Contract Amount: $1,127,628.00
Change Order #1 Amount: $46,870.83
Net Percentage Increase: 4.1%
Attachments:
1) Change Order #1
2) Dudley Construction Adjustments for Changes in Work
34
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37
38
39
40
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42
August 18, 2008
Consent Agenda Item No. 2e
Sungard Public Sector Imaging Interfaces
To: Glenn Brown, City Manager
From: Ben Roper, Director of Information Technology
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
contract with Sungard Public Sector (SPS), formerly Sungard HTE, for the purchase of
imaging interfaces for the Financial and Community Services applications in use by the
Fiscal Services and the Planning and Development Services Departments in an amount not
to exceed $29,580.00.
Recommendation(s): Staff recommends approval.
Summary: The imaging interfaces to the Financial and Community Services applications
will allow direct tie in to LaserFiche, the City’s document imaging system. Scanned
documents, such as invoices, will be capable of being electronically tied to their respective
information system’s record. These interfaces will allow the Fiscal Services Department and
the Planning and Development Services department to not only continue imaging
documents for retention purposes, but better track and retrieve them, saving valuable staff
time.
This contract (08-045) is a Supplement to the H.T.E., Inc. Software and License Agreement
dated March 13, 1998 between Sungard Public Sector (SPS) and the City of College Station.
The contract is exempt from competitive bidding by LGC 252.022(a)(7)(A) due to one
source based on software copyrights. Sungard Public Sector is the software vendor for
approximately 23 modules (applications) hosted on the IBM i5 computer and used by
virtually every City department including, but not limited to Utility Billing and Collection,
Finance, Budget and Accounting, Fleet Management and Development Services.
Budget & Financial Summary: Funds exist in the Fiscal Services and Planning and
Development Services FY08 operating budgets to cover the costs associated with this
purchase. Ongoing costs of $4,930, incorporated into the contract amount, exist for the
maintenance and support of this module.
Attachments:
Supplement contract for SPS Imaging Interface Software and License Agreement
A copy of the master agreement with SPS is available in the City Secretary’s office
43
SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT
BY AND BETWEEN SUNGARD PUBLIC SECTOR INC. AND CITY OF COLLEGE STATION, TX
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO. COLG-080872
This Supplement is to the H.T.E., Inc. Software License and Services Agreement dated March 13, 1998 (Agreement), between
SunGard Public Sector Inc. (SunGard Public Sector) and City of College Station, TX (Customer). Unless otherwise
stated below, all terms and conditions as stated in the Agreement shall remain in effect.
Designated Machine
Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written
permission from SunGard Public Sector, may be subject to an upgrade charge.
Type: Model: Serial Number
Operating System: Tape Drive:
SunGard Public Sector Licensed Programs License Fees Annual Support
Imaging Inteface Financials - IE 12,325.00$ 2,465.00$
Imaging Interface Community Dev. - IL 12,325.00 2,465.00
SunGard Public Sector Licensed Programs Total 24,650.00$ 4,930.00$
Payment Schedule*Total Contract
Due Upon
Contract
Execution
Due As
Otherwise
Noted
License Fees 24,650.00$ 24,650.00$
SCR COLG HT 2008-3964 (Optional Technical
Assistance)6,000.00 6,000.00$
Annual Support 4,930.00 4,930.00
Grand Total 35,580.00$ 24,650.00$ 10,930.00$
APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED
TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER.
CUSTOMER IS A TAX EXEMPT ENTITY AND WILL PROVIDE ITS TAX EXEMPTION NUMBER.
*Payments:
THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS:
License Fees: Upon execution of this Supplement.
Conversion Fees: 50% upon the execution of the System Change Request (SCR) (includes $250.00
processing fee noted below) and the remaining 50% upon completion. (Optional: In the
event that the 3rd party vendor requires assistance using the Image API’s)
Support Fees: Prior to the commencement of the initial term of support. Support fees for subsequent
terms of support will be due prior to the start of that term at the then prevailing rate. Rates
for subsequent years of support service are subject to change.
Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced
as incurred and shall be governed by the SunGard Public Sector Corporate Travel and
Expense Reimbursement Policy.
SunGard Public Sector Support Services
The initial term of HTE support services shall commence one hundred twenty (120) days after installation/configuration of the
Licensed Program(s), and extend for a twelve (12) month term. Subsequent terms of support will be for twelve (12) month
periods, commencing at the end of the initial support period. Support Services do not include maintenance on modifications
made to the Licensed Program(s) at Customer’s request.
SunGard Public Sector Schedule A COLG-080872 SunGard Public Sector Sch A.doc
Ver. 02/08/08 1 of 4 July 15, 2008 44
SunGard Public Sector Schedule A COLG-080872 SunGard Public Sector Sch A.doc
Ver. 02/08/08 2 of 4 July 15, 2008
Licensed Program Testing and Acceptance
The Licensed Program Testing and Acceptance as defined in Section VI of the Agreement shall extend for a period of sixty
(60) days commencing on the first day of Installation and Configuration services of each Licensed Program.
Warranty
SunGard Public Sector warrants that for a period of one hundred twenty (120) days after testing and acceptance of the Licensed
Programs, the SunGard Public Sector Licensed Programs herein will perform in substantial compliance with the reference
documentation supplied by SunGard Public Sector, provided the Licensed Programs are used in the proper operating
environment. SunGard Public Sector does not warrant that the functions contained in the Licensed Programs will meet the
Customer's requirement or will operate in the combinations which may be selected for use by the Customer after the one
hundred twenty (120) day period.
Any other utility or incidental software distributed by SunGard Public Sector will be on an "AS IS" and "WITH ALL
FAULTS" basis without warranty of any kind either expressed or implied. SunGard Public Sector shall be responsible only for
the Licensed Programs and products as originally supplied and accepted by Customer, and for changes made to the Licensed
Programs by SunGard Public Sector's authorized representatives. SunGard Public Sector will not be responsible for the
consequences of attempts at changes or modifications to the products and Licensed Programs made by the Customer or any
other unauthorized party.
SunGard Public Sector warrants that it has the right to license the SunGard Public Sector Licensed Programs listed herein and
that the SunGard Public Sector Licensed Programs do not infringe any intellectual property of any third party. SunGard Public
Sector agrees to defend and indemnify Customer against expenses, including reasonable attorneys' fees, costs, expert fees and
other fees and expenses and liability arising from any claim of infringement related to SunGard Public Sector Licensed
Programs provided SunGard Public Sector shall have the right to control the defense or settlement of any such claim. If use of
the SunGard Public Sector Licensed Programs by the Customer is enjoined by any infringement proceeding, SunGard Public
Sector shall, if possible, obtain without unreasonable expense the right of License for the Customer to use the SunGard Public
Sector Licensed Programs or if that is not possible, SunGard Public Sector shall refund to the Customer the license fees paid
under this Supplement for the particular Licensed Program that is determined to be infringing.
SunGard Public Sector does not make any representations or warranties with respect to intellectual property rights of any third
party products. Any such representations or warranties are made solely by the Vendor of such products, and shall not be
construed as a warranty with respect to infringement and the like by SunGard Public Sector.
SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WITH
RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Remedies and Limitation of Liability
In situations involving performance or nonperformance of Licensed Programs furnished under this Supplement, the Customer's
remedy is (1) the prompt correction by SunGard Public Sector of Licensed Program defects, or (2) if, after commercially
reasonable efforts, SunGard Public Sector is unable to make the Licensed Programs operate as warranted, SunGard Public
Sector shall reimburse Customer actual, direct damages to the limits set forth in Section XI of the Agreement. Customer shall
return or destroy the Licensed Programs for which damages are sought once the reimbursement has been received.
SunGard Public Sector’s liability for claims related to bodily injury, death and damage to real property and tangible personal
property, as provided in Section XI of the Agreement, is intended to include, and does include, claims in which automobiles are
involved.
Consulting Services (SCR)
SCR form(s) for optional consulting services in this Supplement is attached for Customer signature and return to SunGard
Public Sector in the event that Customer elects to accept these optional consulting services. SunGard Public Sector will
proceed on the SCR when the signed SCR is returned with the Customer’s authorization along with fifty percent (50%)
payment. The final fifty percent (50%) payment is due upon completion. Data must be given to SunGard Public Sector in an
IBM compatible format on a specified magnetic media and must match data field definition. Input data file clean up shall be
the responsibility of the Customer. Additional consulting, if necessary, will be invoiced at the prevailing rate per hour. It is
agreed that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to
take place along with the electronic conversion.
45
46
ATTEST:
City Secretary
-
City ~ttorn;~ /
Chief Financial Officer
SunGard Public Sector Schedule A
Ver. 02/08/08
Date
Date
Date
Date
COLG-080872 SunGard Public Sector Sch A doc
.July 15,2008
47
48
August 18, 2008
Consent Agenda Item No. 2f
Annual Reconfirmation for Texas A&M University Nuclear Science Center
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution for the Annual Reconfirmation and use of Service and Equipment to be provided
by the City of College Station in the Event of a Radiological Incident at the Texas A&M
University Nuclear Science Center.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The City of College Station currently provides Fire Protection, Emergency
Medical and Hazardous Materials response to the Texas A&M University Main Campus to
include the Nuclear Science Center. This Annual Reconfirmation letter is required to be
signed and placed in an official file as part of the annual Inspection process by the Nuclear
Regulatory Commission.
Budget & Financial Summary: None.
Attachments:
Resolution
Reconfirmation Letter and Form.
49
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Resolution revised.doc8/14/200810:36:14 AM
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
APPROVING THE INTERLOCAL AGREEMENT FOR THE ANNUAL RECONFIRMATION AND
USE OF SERVICE AND EQUIPMENT TO BE PROVIDED BY THE CITY OF COLLEGE STATION
IN THE EVENT OF A RADIOLOGICAL INCIDENT AT THE TEXAS A&M UNIVERSITY
NUCLEAR SCIENCE CENTER.
WHEREAS, the City Council of the City of College Station, Texas, desires to protect the health, safety and
welfare of its population including Texas A & M University; and
WHEREAS, the City of College Station currently provides fire and hazardous materials emergency
response to Texas A&M University; and
WHEREAS, this Agreement is required to be in place for the annual inspection and review process by the
Nuclear Regulatory Commission; and
WHEREAS, the College Station City Council earlier approved Resolution No. 06-25-86-05, dated 25 June
1986 pertaining to this same matter; and
WHEREAS, the City Council of the City of College Station, Texas, wishes to continue to partner and
collaborate to provide service and equipment to respond in the event of a radiological incident at the Texas
A&M Nuclear Science Center; 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 for the Annual
Reconfirmation of Services and Use of Equipment to be provided by the City of College
Station in the event of a radiological incident at the Texas A&M University Nuclear
Science Center.
PART 2: That the City Council hereby agrees to protect the health, safety and welfare of the
population by collaborating with its partners at Texas A&M University.
PART 3: 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
50
51
Agreement Between
The Texas A&M University Nuclear Science Center
And
The College Station Fire Department
This is to reconfirm the agreement, as per Resolution No. 06-25-86-05, dated 25 June 1986. The
College Station Fire Department and Ambulance Service agrees to provide the below listed
services and use of equipment to Texas A&M University, the Texas Engineering Experiment
Station, and Nuclear Science Center in the event of the implementation of emergency plans. The
College Station Fire Department also agrees to participate in an annual training program to be
presented by these organizations.
List of Services and Equipment to be provided:
1. Fire Protection
2. Ambulance Service
3. Emergency Medical Assistance
Robert Alley
Fire Chief for the City of College Station, Texas
Signature: ___________________________________
Date: ___________________
52
August 18, 2008
Consent Agenda Item No. 2g
Renovation and Maintenance of Fire Stations #1, #2, #5.
To: Glenn Brown, City Manager
From: R.B. Alley, Fire Chief
Agenda Caption: Presentation, possible action, and discussion regarding the renovations
and building maintenance of Fire Stations #1, Fire Station #2, and Fire Station #5 with a
Buy Board Standard Hours Contract price agreement with Jamail / Smith Construction, in
the amount of $ 99,493.94
Recommendation(s): Staff recommends award of contract 08-283 to Jamail / Smith
Construction for $ 99,493.94
Summary: The renovations and maintenance were approved in a SLA submitted during the
FY 08 budget process. This Buy Board contract is for Fire Station #1, kitchen counter tops,
appliance / fixture hook-ups, additional light, sink / faucet, work / weight room remodel,
patio cover, and smoke and CO detector system.
Fire Station #2, kitchen counter tops, appliance / fixture hook-ups, sink / faucet, patio
cover, bay speakers, bay exhaust fans, and extra bay door.
Fire Station # 5 Installation of a commercial ice machine.
Budget & Financial Summary: Funds are budgeted and available in the General
Government Capital Improvement Fund and Fire Department General Fund.
Attachments:
Resolution
Contract 08-283 on file at the City Secretary’s Office
53
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE RENOVATIONS
OF FIRE STATIONS AND AUTHORIZING THE EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the,
Renovation, of City Buildings; and
WHEREAS, the selection of Jamail / Smith Construction per the Buy Board contract (which
satisfies our requirements for competitive bidding) is being recommended as the lowest
responsible bidder for the construction services related to the Renovations, of Fire Stations; now,
therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council hereby finds that Jamail / Smith Construction is the lowest
responsible bidder.
PART 2: That the City Council hereby approves the contract with Jamail / Smith Construction
for $99,493.94 for the labor, materials and equipment required for the improvements
related the renovations of Fire Stations.
PART 3: That the funding for this contract shall be budgeted from the General Government
Capital Improvement Fund and Fire Department General Fund in the amount of
$99,493.94.
PART 4: 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
54
City Attorney
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August 18, 2008
Consent Agenda Item No. 2h
Emergency Law Enforcement Assistance- Interlocal Agreement
To: Glenn Brown, City Manager
From: Michael Ikner, Chief of Police
Agenda Caption: Presentation, possible action and discussion regarding an
Emergency Law Enforcement Assistance Interlocal Agreement.
Recommendation(s): Staff recommends approval of the agreement
Summary: Interlocal agency cooperation is imperative in order to maintain public
safety in times of adverse conditions or emergency situations. As such, for years
local law enforcement agencies have maintained an agreement to assist each other
when unique situations occur.
The purpose of this agreement is to update an agreement that was previously
approved by City Council in June 2006. This updated agreement incorporates
jurisdictional responsibility and now incorporates Brazos County constables as new
members to the agreement.
Overall, this agreement authorizes the City of College Station Police, the City of
Bryan Police, Brazos County Sheriff’s Department, Brazos County Constables, Texas
A&M University Police and Blinn College Police to cooperate in the investigation of
criminal activity, enforcement of the laws of this State, and the provision of
additional law enforcement officers and equipment to protect health, life and
property, including but not limited to, the performance of police protection and
detention services.
Budget & Financial Summary: n/a
Attachments:
Interlocal Agreement
56
INTERLOCAL AGREEMENT
LAW ENFORCEMENT ASSISTANCE
THIS INTERLOCAL AGREEMENT is hereby made and entered into this day of
, 2008, by and between the TEXAS A&M UNIVERSITY (the
"University"), the BLINN COLLEGE (the "College"), the COUNTY OF BRAZOS, TEXAS
("Brazos County"), the CITY OF COLLEGE STATION, TEXAS, a home rule municipal
corporation ("College Station"), the CITY OF BRYAN, TEXAS, a home rule municipal
corporation ("Bryan"), each acting by and through its duly authorized agents (referred to
collectively as the ("Parties");
WHEREAS, the Parties to this Agreement are authorized by the Interlocal Cooperation Act,
Texas Government Code, Chapter 791, to enter into a joint Agreement for the performance of the
governmental function of providing Law Enforcement Services; and
WHEREAS,the Texas A&M University Police Department exercises primary jurisdiction
within the territorial limits of the main university campus located within the incorporated limits
of the City of College Station and within those areas owned by the Texas A&M University
System which lie outside the territorial limits of the main university campus. The Texas A&M
University Police Department shares concurrent jurisdiction within the territorial limits of Brazos
County.
WHEREAS, the Blinn College Police Department exercises primary jurisdiction within the
territorial limits of the main college campus located within the incorporated limits of the City of
Bryan and within those areas owned by the Blinn College System which lie outside the territorial
limits of the main college campus.
WHEREAS, the Brazos County Sheriffs Office exercises primary jurisdiction within the
unincorporated territorial limits of Brazos County and those areas owned by Brazos County
within the incorporated limits of the City of Bryan and the City of College Station. The Brazos
County Sheriffs Office shares concurrent jurisdiction within the territorial limits of the City of
Bryan and the City of College Station and exercises secondary jurisdiction within the territorial
limits of those cities.
WHEREAS, the Brazos County Constables territorial limits are established by their
respective precinct boundaries. The Brazos County Constables share concurrent jurisdiction
within the territorial limits of Brazos County, the City of Bryan, and the City of College Station
and exercise secondary jurisdiction within the territorial limits of Brazos County, the City of
College Station, and the City of Bryan.
WHEREAS, the Bryan Police Department exercises primary jurisdiction within the
incorporated limits of the City of Bryan and within those areas owned by the City of Bryan
which lie outside the territorial limits of that city.
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WHEREAS, the College Station Police Department exercises primary jurisdiction within
the incorporated limits of the City of College Station and within those areas owned by the City of
College Station which lie outside the territorial limits of that city.
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
made herein by the University, the College, Brazos County, College Station, and Bryan, the
sufficiency of which are hereby acknowledged by the Parties hereto, the Parties hereby mutually
agree as follows:
I. DEFINITIONS
The following terms shall have the following meanings when used in the Agreement:
(a) "Law Enforcement Officer" means any peace officer, as described in Article 2.12 of
the Texas Code of Criminal Procedure who has been commissioned under the laws of the
State of Texas.
(b) "Law Enforcement Personnel" means any full time or part time employee(s),
including Law Enforcement Officers, who work for a law enforcement agency of one of
the Parties hereto.
(c) "Chief Law Enforcement Officer" means the Sheriff, Constable, Chief of Police, or
Director of University or College Police of the respective Parties. This term also applies
to any person designated by the Chief Law Enforcement Officer to act on their behalf in
regards to this Agreement.
(d) "Presiding Officer" means the Mayor, County Judge, or other officer of the respective
Parties authorized to declare a state of civil emergency.
(e) "Requesting Agency" means the Party, or law enforcement agency thereof, that is
requesting assistance from another Party, or law enforcement agency thereof.
(f) "Provider Agency" means the Party, or law enforcement agency thereof, that is
providing assistance the Requesting Party, or law enforcement agency thereof.
11. AGREEMENT
The Parties expressly agree this Agreement is intended to be and should be construed as a
contractual document.
111. PURPOSE
The purpose of this Agreement is to authorize the Parties to cooperate in the performance of
police protection and detention services, including but not limited to the investigation of criminal
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activity and enforcement of the laws of the State of Texas, and the provision of additional law
enforcement personnel and equipment to protect health, life and property.
IV. CONDITIONS FOR ASSIGNMENT / ASSISTANCE
The Parties agree to assign law enforcement personnel and equipment to perform law
enforcement duties, including law enforcement protection and detention services, outside their
respective territorial limits and jurisdictions, subject to the determination of availability of Law
enforcement Personnel and discretion as to participation when:
(a) The Chief Law Enforcement Officer of the Requesting Agency has requested
assistance through the Chief Law Enforcement Officer of the Provider Agency; and
(b) The Chief Law Enforcement Officer of the Provider Agency has determined, in
their sole discretion, that sufficient law enforcement personnel and equipment are
available for the specific assignment and that the health, safety, or welfare of the Provider
Agency's citizens would not be endangered by dispatching law enforcement personnel or
equipment outside of the Provider Agency's jurisdictional limits.
V. REQUESTING INFORMATION
Any request for aid under this Agreement shall include a statement of the amount and type
of equipment and number of personnel requested, the specific location to which the equipment
and personnel are to be dispatched, and a reasonable estimate of the length of time the assistance
will be needed. However, the amount and type of equipment and number of personnel to be
furnished shall be determined by and in the sole discretion of the Chief Law Enforcement Officer
of the Provider Agency.
VI. COMMUNICATIONS
Communications between law enforcement personnel responding pursuant to this
Agreement shall be determined by the Requesting Agency's officer in tactical control of the
situation. When practical, the primary means of communication shall be by telephone or 800
MHz radio frequency, either mobile to mobile or mobile to base with the Requesting Agency
providing communication center coordination.
VII. REPORTING / QUALIFICATIONS / DURATION OF ASSIGNMENT
Upon assignment to the Requesting Agency, law enforcement personnel of the Provider
Agency shall report to the Requesting Agency's officer in tactical control at the location to
which they have been assigned, and shall be under the command of the Requesting Agency's
Chief Law Enforcement Officer, with all the powers of a regular law enforcement officer of the
Requesting Agency, as fully as though helshe were within the jurisdictional limits of the
governmental entity where helshe is regularly employed, and hisher qualifications as a law
enforcement officer where regularly employed shall constitute hisher qualifications for such
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officer within the jurisdictional limits of the Requesting Agency, and no other oath, bond, or
compensation need be made. Additionally, such law enforcement personnel shall have the same
investigative authority as if they were investigating criminal activity within the jurisdictional
limits of the government for which they are regularly employed.
Law Enforcement Personnel of the Provider Agency will be released by the Requesting
Agency when their services are no longer needed.
While in the service of the Requesting Agency, Law Enforcement Personnel of the Provider
Agency shall be deemed Law Enforcement Personnel of the Requesting Agency, regardless
whether they are compensated for such service by the Provider Agency.
VIII. ASSIGNMENTS I JOB DUTIES
Law Enforcement Personnel of the Provider Agency shall perform duties as directed.
When the need exists, Law Enforcement Personnel of the Provider Agency may be assigned
to processing and transporting arrestees from the scene of incidents to designated detention
facilities. If temporary detention facilities are necessary and are deemed inadequate by design,
continuous supervision shall be provided for until permanent facilities are located.
If Law Enforcement Personnel assigned to a Requesting Agency are directed or requested to
do any illegal act, each such employee shall be entitled to decline or refuse to act.
IX. WITHDRAWAL PROM PARTICIPATION
Notwithstanding any other provisions contained herein, Law Enforcement Personnel
assigned to the Requesting Agency shall remain under the ultimate command of the Provider
Agency. Consequently, the Chief Law Enforcement Officer of the Provider Agency may at any
time, in their sole discretion, withdraw the Provider Agency's personnel or equipment or
discontinue participation in any activity initiated pursuant to this Agreement.
X. COMPENSATION
Any law enforcement personnel who is assigned, designated, or ordered by the Chief Law
Enforcement Officer of the Provider Agency to perform duties pursuant to this Agreement, is
entitled to receive the same wage, salary, pension, and all other compensation and all other rights
for such service, including but not limited to injury or death benefits, and workers compensation
benefits, the same as though the service had been rendered within the jurisdictional limits of the
Provider Agency. Such Law Enforcement Personnel are also entitled to payment for any
reasonable expenses incurred for travel, food, or lodging while on duty outside the jurisdictional
limits of the Provider Agency.
All wages and disability payments, pension payments, damages to equipment and clothing,
medical expenses, and travel, food, and lodging expenses shall be paid by the Provider Agency
in the same manner as though the service had been rendered within the jurisdictional limits of the
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Provider Agency. The Requesting Agency shall reimburse the Provider Agency after the
payment is made and reimbursement is requested.
XI. CIVIL LAWSUITS
In the event that any person performing criminal investigation and law enforcement, law
enforcement protection, or detention services pursuant to this Agreement shall be cited as a Party
to any civil lawsuit, state or federal, arising out of the performance of those services, helshe shall
be entitled to the same benefits that helshe would be entitled to receive if such civil action has
arisen out of his duties as a member of the Provider Agency and in the jurisdiction of the
Provider Agency.
Third-party claims against the Parties shall be governed by the Texas Tort Claims Act or
other appropriate statutes, ordinances, or laws of the State of Texas.
Each Party to this Agreement agrees that if legal action is brought under this Agreement,
exclusive venue shall be in Brazos County, Texas.
XII. INDEMNITY I RELEASE
As otherwise provide for under paragraph XI (Civil Lawsuits) and to the extent permitted by
the laws of the State of Texas, and without waiving governmental immunity or the limitations as to
damages under the Texas Tort Claims Act, the Parties each individually agree to hold the other
harmless fkom and against any and all claims, losses, damages, causes of action, suits, and
liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person or damage to any property, arising out of or in connection with the
work performed under this Agreement. The Parties hereby agree that each Party will remain
solely responsible for the legal defense and any civil liability due to the actions of a Law
Enforcement Officer or other personnel regularly employed by the Party. Nothing herein shall
be construed as a waiver of any legal defense of any nature to any claim against a Party or an
agent, officer or employee of a Party.
The Requesting Agency assumes full responsibility for the services to be performed
hereunder, and hereby releases, relinquishes, and discharges the Provider Agency, its officers,
agents, and employees fiom all claims, demands, and causes of action of every kind and character,
including the cost of defense thereof, for any injury to or death of any person and any loss of or
damage to any property that is caused by, alleged to be caused by, arising out of, or in connection
with the services, personnel, or equipment provided by the Provider Agency under this
Agreement. This release shall apply regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance and regardless of whether such injury, death,
loss, or damage was caused in whole or in part by the negligence of the Provider Agency, its
officers, agents, and employees, or any third party.
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XIII. RESERVATION OF IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, no Party
waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be
available to it against claims arising from any activity conducted pursuant to this Agreement.
XIV. EXPENDING FUNDS
Each Party that performs services or furnishes aid pursuant to this Agreement shall do so
with funds available from current revenues of the Party. No Party shall be liable for failure to
expend funds to provide aid hereunder.
XV. VALIDITY
The validity of this Agreement and of any of its terms or provisions, as well as the rights and
duties of the Parties hereunder, shall be governed by the laws of the State of Texas.
XVI. EXECUTION / EFFECTIVE DATE / TERM AND TERMINATION
This Agreement shall become effective immediately upon execution by all the Parties hereto
with the initial term of this Agreement commencing on the effective date and ending on the
succeeding September 3oth. Thereafter, this Agreement shall automatically renew for nine (9
successive one (1) year periods, each commencing on October 1'' and expiring on September 30' 2
of the following year. Any Party wishing not to renew shall provide written notice to all Parties
at lease thirty (30) days prior to any annual renewal date during the term of this Agreement.
Notwithstanding the above, any Party to this Agreement may terminate its participation in
this Agreement by providing thirty (30) days written notice as provided herein to the Presiding
Officer of every other Party. Termination of participation in this Agreement by a Party or Parties
shall not affect the continued operation of this Agreement between and among the remaining
Parties and this Agreement shall continue in force and remain binding on the remaining Parties.
XVII. MODIFICATION
This Agreement may only be amended, modified, or revised by the mutual agreement of the
Parties hereto in writing.
This instrument contains all commitments and agreements of the Parties, and oral and
written commitments not contained herein shall have no force or effect to alter any terms or
conditions of this Agreement.
XVIII. ORIGINAL DOCUMENTS
It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
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XIX. WAIVER
The failure of either Party to insist, in one or more instances, on strict performance of any of
the requirements of this Agreement will not be construed as a waiver or relinquishment of such
requirements in future instances, but such requirements will continue and remain in full force
and effect.
XX. SEVERABILITY
If one or more of the provisions contained in this Agreement is, for any reason, held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not effect any other provision of this Agreement and the Agreement shall be construed as if
the invalid, illegal, or unenforceable term or provision had never been contained in it.
XXI. NOTICES
Any notices, approval, consent, or communication by one Party to another must be in
writing and may be by personal delivery or registered or certified United States Mail, properly
addressed to the respective Parties as follows:
BRAZOS COUNTY:
Sheriff Tele: (979) 361-4148
Chris Kirk E-Mail: chriskirk@highsheriff.com
Brazos County Sheriffs Department Fax: (979) 36 1-4 170
300 East 29' Street, Suite 105
Bryan, Texas, 77803
Constable
Archie Clark
Office of the Constable, Precinct 1
12845 FM 2154, Suite 140
College Station, Texas, 77845
Constable
Donald Lampo
Office of the Constable, Precinct 2
300 East 26' Street, Suite 109B
Bryan, Texas, 77803
Constable
Wayne Thompson
Office of the Constable, Precinct 3
1500 George Bush Drive
College Station, Texas, 77845
Tele: (979) 695-0030
E-Mail: aclark@co.brazos.tx.us
Fax: (979) 695-0324
Tele: (979) 36 1-4477
E-Mail: dlampo@co.brazos.tx.us
Fax: (979) 361-4455
Tele: (979) 694-7900
E-Mail: wthompson@co.brazos.tx.us
Fax: (979) 694-7902
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Constable Tele: (979) 36 1-4266
Isaac Butler E-Mail: ibutler@co.brazos.tx.us
Office of the Constable, Precinct 4 Fax: (979) 36 1-4200
206 N. Washington Avenue
Bryan, Texas, 77803
with copy to:
County Judge Tele: (979) 361-4102
Randy Sims E-Mail: rsims@co. brazos.tx.us
Brazos County Fax: (979) 823-6593
300 East 29' Street, Suite 114
Bryan, Texas 77803
TEXAS A&M UNIVERSITY:
Director of Texas A&M University Police Tele: (979) 845-8058
Elmer Schneider E-Mail: eschneider@tamu.edu
Texas A&M University Police Department Fax: (979) 862-8 109
123 1 TAMU
1 11 1 Research Parkway
College Station, Texas, 77843
with copy to:
President
Elsa Murano
Texas A&M University
8' Floor Rudder Tower
College Station, Texas 77843
BLINN COLLEGE:
Captain Blinn College Police
Bill May
Blinn College
2423 Blinn Blvd.
P.O. Box 6030
Bryan, Texas 77805
with copy to:
President
Donald E. Voelter
Blinn College
2423 Blinn Blvd.
P. 0. Box 6030
Bryan, Texas 77805
Tele: (979) 845-22 17
E-Mail: eamurano@tamu.edu
Fax: (979) 845-5027
Tele: (979) 209-74 18
E-Mail: bmay@blinn.edu
Fax: (979) 209-7448
Tele: (979) 830-41 12
E-Mail: dvoelter@blinn.edu
Fax:
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COLLEGE STATION: Additional Contact Information:
Chief of Police Tele: (979) 764-3605
Michael Ikner E-Mail: mikner@cstx.gov
College Station Police Department Fax (409) 764-3468
26 1 1 Texas Avenue S.
College Station, Texas 77840
with copy to:
City Manager
Glenn Brown
City Of College Station
1 10 1 Texas Avenue South.
College Station, Texas 77840
BRYAN:
Chief of Police
Tyrone Morrow
Bryan Police Department
30 1 South Texas Avenue
Bryan, Texas 77803
with copy to:
City Manager
David Watkins
300 South Texas Avenue
Bryan, Texas 77803
Tele: (979) 764-35 10
E-Mail: gbrown@cstx.gov
Fax: (979) 764-6377
Tele: (979) 209-5387
E-Mail: tmorrow@bryantx.gov
Fax: (979) 209-5388
Tele: (979) 209-5 100
E-Mail: dwatkins@bryantx.gov
Fax: (979) 209-5 106
XXII. INTERLOCAL COOPERATION ACT
The Parties expressly acknowledge that each Party to this Agreement is a local government
as that term is defined in the Interlocal Cooperation Act and that the payments as enumerated
herein fairly compensates the performing Parties for the services and functions performed under
this Agreement. The Parties hereto further expressly acknowledge and agree that payment for
services and functions under this Agreement shall be paid from current revenues available to the
paying party. Nothing in this Agreement will be construed as a waiver or relinquishment by
either Party of its right to claim such exemptions, privileges and immunities as may be provided
by law.
XXIII. HEADINGS
The article headings in this Agreement are used for convenience and reference purposes
only and are not intended to define, limit, or describe the scope or intent of any provision of this
Agreement and shall have no meaning or effect upon its interpretation.
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XXIV. JURISDICTION
This Agreement is construed under and in accordance with the laws of the State of Texas
and is performable in Brazos County, Texas.
XXV. WARRANTY
The Agreement has been officially authorized by the governing or controlling body of each
Party and each signatory to this Agreement guarantees and warrants that the signatory has full
authority to execute this Agreement and to legally bind the respective Party to this Agreement.
XXVI. SUPERCESSSION AND PREEMPTION
Upon execution of this Agreement by all Parties hereto, this Agreement shall preempt and
supersede that certain INTERLOCAL AGREEMENT EMERGENCY LAW ENFORCEMENT
ASSISTANCE contract made and entered into on July 3 1,2006, also between the Parties hereto.
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EXECUTED this the day of , 2008 by
Brazos County.
COUNTY OF BRAZOS
By:
RANDY SIMS
Brazos County Judge
ATTEST: APPROVED AS TO FORM:
Karen McQueen Tina Snelling
County Clerk Assistant County Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 8
§
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared RANDY SIMS, County Judge of Brazos County, Texas, known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed it for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D. 2008.
Notary Public, State of Texas
My Commission Expires:
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EXECUTED this the day of , 2008 by
the Brazos County Sheriffs Department.
COUNTY OF BRAZOS
By:
CHRIS KIRK
Brazos County Sheriff
ATTEST: APPROVED AS TO FORM:
Karen McQueen Tina Snelling
County Clerk Assistant County Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 5
§
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared CHRIS KIRK, Sheriff of Brazos County, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed it for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D. 2008.
Notary Public, State of Texas
My Commission Expires:
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EXECUTED this the /8 a day of c\Tq ,2008 by the Omce
of the Constable, Precinct 1.
COUNTY OF BRAZOS
By:
RCHIE CLARK
Brazos County Constable Precinct 1
ATTEST:
Karen McQueen
County Clerk
APPROVED AS TO FORM:
Tina Snelling
Assistant County Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 0
§
COUNTY OF BRAZOS 5
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared ARCHIE CLARK, Constable, Precinct 1, Brazos County, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed it for the purposes and consideration therein expressed, and in the capacity therein stated.
GWEN UNDER MY HAND AND SEAL OF OFFICE this /8 day of o&.j, , A.D. 2008.
Notary Public, State of Texas
MY Commission Expires: d9dkl I
69
-
EXECUTED this the /b dayof ~klv ,2008 by the Office
of the Constable, Precinct 2.
COUNTY OF BRAZOS
h
By:
DENALD LAMPO
Brazos County Constable precinct 2
ATTEST:
Karen McQueen
County Clerk
APPROVED AS TO FORM:
Tina Snelling
Assistant County Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 5
6
COUNTY OF BRAZOS 6
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared DONALD LAMPO, Constable, Precinct 2, Brazos County, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed it for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 18 & day of
A.D. 2008.
Notary Public, State of Texas
My Commission Expires: % - g - 201 0
70
EXECUTED this the ,2008 by the Office
of the Constable, Precinct 3. /
COUNTY OF BRAZOS
By:
WAYNE THOMPS N
Brazos County Constable Precinct 3
ATTEST:
Karen McQueen
County Clerk
APPROVED AS TO FORM:
Tina Snelling
Assistant County Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 0
§
COUNTY OF BRAZOS 9
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared WAYNE THOMPSON, Constable, Precinct 3, Brazos County, Texas, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed it for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /8 day of 94 , A.D. 2008.
STATE OF TEXAS Notary Public, State of Texas
My Commission Expires: 0?24fl
71
EXECUTED this the
of the Constable, Precinct 4.
1 day of ,2008 by the Office
COUNTY OF BFtAZOS
By:
Brazos County Constable Precinct 4
ATTEST:
Karen McQueen
County Clerk
APPROVED AS TO FORM:
Tina Snelling
Assistant County Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 5
0
COUNTY OF BMZOS 8
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared ISAAC BUTLER, Constable, Precinct 4, Brazos County, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed it for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this f day of
T=\,J , A.D. 2008.
I
egg, db, 6 +LPU 6
Notary Public, State of Texas
My Commission Expires: 8 - % - 201 0
72
EXECUTED this the day of , 2008 by
Texas A&M University.
TEXAS A&M UNIVERSITY
By:
Robert T. Bisor I11
Associate Vice President
Finance & University Contracts Office
ATTEST: APPROVED AS TO FORM:
Secretary Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 0
0
COUNTY OF BRAZOS 0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Robert T. Bisor 111, Associate Vice President for Finance and
University Contracts Officer of Texas A&M University, College Station, Texas, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that she executed it for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D. 2008.
Notary Public, State of Texas
My Commission Expires:
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EXECUTED this the
Blinn College.
/$/day of ?& , 2008 by
By: dufl
Donald Voelter
President
ATTEST: APPROVED AS TO FORM:
Secretary Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 8
§
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Donald Voelter, President of Blinn College, Bryan, Texas,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed it for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day of
My Commission Expires: 6424 9
CONTRACT NO. :
CRC Approval Date - Non-Standard:
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74
EXECUTED this the day of ,2008 by
College Station.
CITY OF COLLEGE STATION
By:
BEN WHITE
Mayor, City of College Station
ATTEST: APPROVED AS TO FORM:
Connie Hooks
City Secretary City Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 5
§
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared BEN WHITE, Mayor of College Station, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that she executed it for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D. 2008.
Notary Public, State of Texas
My Commission Expires:
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EXECUTED this the ! 7-& day of ,2008 by BRYAN.
CITY OF BRYAN
By:
D. MARK CONLEE
Mayor, City of Bryan
ATTEST:
City Secretary
APPROVED AS TO FORM:
~an?'R<. Hampton
City Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 0
§
COUNTY OF BRAZOS 6
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Mark Conlee, Mayor of Bryan, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that she executed it for the
purposes and consideration therein expressed, and in the capacity therein stated.
ql, - GIVEN UNDER MY HAND AND SEAL OF OFFICE this i7 day of
,I7 LC LI , A.D. 2008.
--fl
Nbt5~ ~ublic:S$te of Tex
My Commission Expires:
76
August 18, 2008
Consent Agenda Item No. 2i
Franchise Agreement Amendment #1 to Texas Commercial Waste
Recycling Collection Franchise
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the second
reading of a Franchise Agreement Amendment to the Texas Commercial Waste,
Recycling Franchise Agreement, regarding a cost increase of $0.25 per household
per month. The amendment will result in an increase from $2.15 to $2.40 to the City
for curbside recycling collection services.
Recommendation(s): Staff recommends approval of Franchise Agreement
Amendment #1 to the Recycling Franchise Agreement.
Summary: In June 2008, staff received an increase request from Texas Commercial
Waste requesting a cost increase of $0.30 per household per month due to the high
cost of petroleum products. The request stated that the high cost of oil has a direct
impact on two items that are crucial to the curbside program: diesel fuel and clear
plastic bags. On Tuesday July 8, 2008, staff met with Texas Commercial Waste and
staff negotiated with Texas Commercial Waste to a $0.25 increase instead of the
$0.30 initially requested. The $0.25 increase will account for the following: $0.20 for
fuel, $0.03 for plastic bags, and $0.02 for miscellaneous items. This amendment will
expire on July 1, 2009. Prior to expiration staff will re-evaluate the cost of service
and determine if an additional amendment extending the cost increase will be
developed for Council consideration.
As of 2006, Texas Commercial Waste has collected 2,545 tons of recycling
commodities from the City’s curbside program. Acceptable materials include
newspapers, magazines, aluminum and steel cans, clear and brown glass, plastic
bottles #1 and #2, and automobile batteries. Recycling revenues have increased
36% or $14.01 per ton since 2006.
This Franchise Agreement was approved by Council on August 8, 2005 as agenda
item #12.10. The term of this agreement is for a five (5) year period which began on
October 1, 2005 and ending on September 30, 2010.
Budget & Financial Summary: Funds are available for the franchise amendment
in the Sanitation Fund; however, a future budget amendment may be required. This
franchise amendment will not require an increase in sanitation customer rates in
FY09.
Attachments:
1. Franchise Agreement
2. Texas Commercial Waste Rate Increase Request
77
78
79
80
81
August 18, 2008
Consent Agenda Item No. 2j
Wellborn Road & Harvey Mitchell Parkway Interchange Landscape & Hardscape
Improvements Advanced Funding Agreement with the Texas Department of
Transportation
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion on an Advance Funding
Agreement (AFA) with the Texas Department of Transportation (TxDOT) to install, as part of
the F.M. 2154 (Wellborn Road)/F.M. 2818 (Harvey Mitchell Parkway) interchange
construction project, landscape and hardscape improvements in the vicinity of the new
interchange in an amount not to exceed $382,054.00.
Recommendation(s): Staff recommends approval of the AFA in the amount of
$382,054.00.
Summary: Staff has worked with Maury Jacob, Bryan District Landscape Architect, to
develop plans for landscape and hardscape improvements to be included in the vicinity of
the new F.M 2154 (Wellborn Road)/F.M. 2818 (Harvey Mitchell Parkway) interchange
project. This TXDot project will construct a grade separation interchange with F.M. 2154
going over F.M. 2818 and the Union Pacific rails.
The landscape and hardscape improvements to this project will be a mixture of standard
applications and heavy, dense forest type plantings incorporated into some of the large
areas of the interchange. These dense plantings will be very similar to recent plantings in
the Houston area along several highways.
This AFA is for cost participation by the city in the design and construction of the landscape
and hardscape elements, and also indicates that the city will take over maintenance
responsibilities in the future. The city's cost participation is an estimate only; final
participation amounts will be based on the actual charges to the project.
TXDot is slated to begin the construction of this project in fall of 2008, with an estimated
length of construction of three years. The landscape elements will be one of the last items
installed. The TXDot contract includes a one year establishment period followed by a 1 year
maintenance period. The city would take over maintenance responsibilities sometime
between summer 2012 and winter 2013.
Budget & Financial Summary: The estimated local participation cost for this project is
$382,054.00. Funds for this project were not included in the FY08 Capital Projects Budget.
However, the funds are available in the FY08 Streets Capital Improvement Projects fund
balance. If approved, appropriations in the amount of $382,054.00 will be included on a
future FY08 budget amendment.
These funds would need to be deposited into TXDot accounts no later than the second week
of September 2008.
Attachments:
1) Resolution No. _____
2) F.M. 2818/Wellborn Road TxDOT Advance Funding Agreement
2) Project Location Map
82
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AUTHORIZING THE MAYOR TO SIGN AN ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
LANDSCAPING AND HARDSCAPING IMPROVEMENTS RELATED TO THE
WELLBORN ROAD AND HARVEY MITCHELL PARKWAY INTERCHANGE
PROJECT.
WHEREAS, the Texas Department of Transportation, hereinafter referred to as the “State”, is
developing plans to construct a grade separation for FM 2154 (Wellborn Road) and FM 2818
(Harvey Mitchell Parkway); and
WHEREAS, the Project includes plans to install landscaping and hardscaping within the right of
way of the new interchange; and
WHEREAS, the State and the City of College Station will equally divide the costs associated
with the landscape and hardscape improvements related to the Project under the terms and
conditions set out in an Advanced Funding Agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council of the City of College Station, Texas, hereby approves the
Advance Funding Agreement for the cost participation by the City in the design
and construction of the landscape and hardscape elements of the F.M. 2154 and
F.M. 2818 Grade Separation Project.
PART 2: That the City Council of the City of College Station hereby authorizes the Mayor
to sign the Advance Funding Agreement.
PART 3: 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 Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
83
CSJ: 2399-01-022
District: Bryan (17)
Code Chart 64: 09050 (Colle~e Station)
Project: STP ( )RGS
STATE OF TEXAS 9
COUNTY OF TRAVIS 9
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
for the
Installation and Funding of Landscape, Hardscape and Forest Improvements
THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by
and through the Texas Department of Transportation hereinafter called the "State", and the
City of Colleae Station, acting by and through its duly authorized officials, hereinafter called
the "Local Government."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201 .I03 and 222.052 establish that
the State shall design, construct and operate a system of highways in cooperation with local
governments; and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order 110479 for FM
281 8, authorizing the State to undertake and complete a highway improvement generally -
described as the construction of a railroad grade separation; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance dated which is attached
hereto and made a part hereof as Attachment "A" for the construction of landscape,
hardscape and forest aesthetic enhancements at the location shown on the Map in
Attachment "B" hereinafter referred to as the Project.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
Page 1 of 10 Revised 01 12412008
84
CSJ: 2399-01 -022
District: Brvan (17)
Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
AGREEMENT
I. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
2. Scope of Work
The Local Government and the State have agreed to share the cost of placing
landscaping along the Project, including landscaping, forest elements and enhancements
to hardscape elements planned for the project to construct a new railroad grade
separation on FM 2818 (CSJ 2399-01-022) at the Union Pacific Railroad. The location of
this work is shown on Attachment "B". The cost of this work will be shared equally by the
Local Government and the State.
3. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C"
which is attached hereto and made a part hereof. 'The expected cash contributions
from the federal or State government, the Local Governments, or other parties is
shown in Attachment "C". The State will pay for only those project costs that have
been approved by the Texas Transportation Commission. Any work done prior to
federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify that the Federal Letter of Authority has been
issued for the work covered by this Agreement.
b. This project cost estimate shows how necessary resources for completing the Project
will be provided by major cost categories. These categories may include but are not
limited to: (1 ) costs of real property; (2) costs of utility work; (3) costs of environmental
assessment and remediation; (4) cost of preliminary engineering and design; (5) cost
of construction and construction management; and (6) any other local project costs.
c. The State will be responsible for securing the Federal and State share of the funding
required for the development and construction of the Project. If the Local Government
is due funds for expenses incurred, these funds will be reimbursed to the Local
Government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State participation
costs associated with the Project, including any overruns in excess of the approved
local project budget unless otherwise provided for in this Agreement or approved
otherwise in an amendment to this Agreement.
e. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a
minimum, this amount shall equal the Local Government's funding share for the
estimated cost of preliminary engineering for the project.
AFA-AFA-LongGen Page 2 of 10 Revised 01 12412008
85
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Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
At least sixty (60) days prior to the date set for receipt of the construction bids, the
Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction cost.
f. In the event that 'the State determines that additional funding by the Local Government
is required at .any time during the Project, the State will notify the Local Government in
writing. The Local Government shall make payment to the State within thirty (30) days
from receipt of the State's written notification.
g. Whenever funds are paid by the Local Government to the State under this Agreement,
the Local Government shall remit a check or warrant made payable to the "Texas
Department of Transportation Trust Fund." The check or warrant shall be deposited
by the State in an escrow account to be managed by the State. Funds in the escrow
account may only be applied to the State Project.
h. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due by the Local Government, the State, or the Federal government will be
promptly paid by the owing party. If, after final Project accounting, excess funds
remain in the escrow account, those funds may be applied by the State to the Local
Government's contractual obligations to the State under another advance funding
agreement.
i. The State will not pay interest on any funds provided by the Local Government.
j. If a waiver has been granted, the State will not charge the Local Government for the
indirect costs the State incurs on the local project, unless this Agreement is terminated
at the request of the Local Government prior to completion of the project.
k. If the project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC $1 5.52, the budget in
Attachment "C" will clearly state the amount of the fixed price or the incremental
payment schedule.
I, If the Local government is an Economically Disadvantaged County and if the State
has approved adjustments to the standard financing arrangement, this Agreement
reflects those adjustments.
m. The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
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Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
The State will not execute the contract for the construction of the project until the required
funding has been made available by the Local Government in accordance with this
Agreement.
4. Termination of this Agreement
This Agreement shall remain in effect until the project is completed and accepted by all
parties, unless:
the Agreement is terminated in writing with the mutual consent of the parties;
the Agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party; or
the Local Government elects not to provide funding after the completion of preliminary
engineering, specifications and estimates (PS&E) and the Project does not proceed
because of insufficient funds, in which case ,the Local Government agrees to
reimburse the State for its reasonable actual costs incurred during the Project.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
6. Remedies
TIiis Agreement shall not be considered as specifying the exclusive remedy for any
agreement default; but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
7. Utilities
The State shall be responsible for the adjustment, removal, or relocation of utility facilities
in accordance with applicable State laws, regulations, rules, policies, and procedures.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal-aid projects.
a. The State is responsible for the identification and assessment of any environmental
problems associated with the development of the Project governed by this Agreement.
b. The State is responsible for the cost of any environmental problem's mitigation and
remediation in accordance with applicable state laws, regulations, rules, policies, and
procedures.
c. The State is responsible for providing any public meetings or public hearings required
for development of the environmental assessment. Public hearings will not be held
prior to the approval of project schematic.
Revised 01 I2412008
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District: Bryan (171
Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
d. The State is responsible for the preparation of the NEPA documents required for the
environmental clearance of this project.
e. The State shall obtain written certification from appropriate regulatory agency(ies) that
identified environmental problems have been remediated.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the
Architectural Barriers Act, Article 91 02, Texas Civil Statutes. The TAS establishes
minimum accessibility requirements to be consistent with minimum accessibility
requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
10. Architectural and Engineering Services
The State has responsibility for the performance of architectural and engineering
services.
The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Consfruction and Maintenance of Highways, Streets and
Bridges, and the special specifications and special provisions related thereto.
In procuring professional services, the parties to this Agreement must comply with federal
requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by Disadvantaged
Business Enterprises (DBEs), ADA, and environmental matters.
11. Construction Responsibilities
a. The State shall advertise for construction bids, issue bid proposals, receive and
tabulate the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering
and for issuance of any change orders, supplemental agreements, amendments, or
additional work orders, which may become necessary subsequent to the award of the
construction contract. In order to ensure federal funding eligibility, projects must be
authorized by the State prior to advertising for construction.
b. The State will use its approved contract letting and award procedures to let and award
the construction contract.
c. Prior to their execution, the Local Government will be given the opportunity to review
contract change orders that will result in an increase in cost to the Local Government.
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Code Chart 64: 09050 (College Station1
Project: STP f )RGS
d. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
e. For federally funded contracts, the parties to this Agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23
CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the
contract bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR 635, Subpart B.
12. Project Maintenance
The Local Government shall be responsible for maintenance of the completed Project in
accordance with the current municipal maintenance agreement or landscape
maintenance agreement in effect at the time the maintenance is required. Failure of the
Local Government to adequately maintain those elements under its responsibility may
res~~lt in their removal by the State.
13. Right of Way and Real Property
The State is responsible for the provision and acquisition of any needed right of way or
real property.
Glenn Brown, City Manager
City of College Station
P.O. Box 9960
College Station, TX 77842-9960
14. Notices
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at
the following addresses:
Bryan Alan Wood, P.E.
Bryan District Engineer
1300 North Texas Avenue
Bryan, TX 77803-2760
Local Government:
--
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by
sending written notice of the change to the other party.
Either party may request in writing that such notices shall be delivered personally or by
certified U.S. mail and such request shall be honored and carried out by the other party.
State:
15. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or ~~nenforceability
shall not affect any other provisions and this Agreement shall be construed as if it did not
contain the invalid, illegal or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individ~~al acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
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Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
17. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement shall be
made available to the State without restriction or limitation on their further use. All
documents produced or approved or otherwise created by the Local Government shall be
transmitted to the State in the form of photocopy reproduction on a monthly basis as
required by the State. The originals shall remain the property of the Local Government,
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies
or tribunals in any manner affecting the performance of this Agreement. When required,
the Local Government shall furnish the State wi.th satisfactory proof of this compliance.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable and allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR 918.36
and with the property management standard established in Title 49 CFR 918.32.
Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector
General, or their duly authorized representatives for review and inspection at its ofice
during the contract period and for four (4) years from the date of completion of work
defined under this contract or until any impending litigation, or claims are resolved.
Additionally, the State, the Local Government, and the FHWA and their duly authorized
representatives shall have access to all the governmental records that are directly
applicable to this Agreement for the purpose of making audits, examinations, excerpts,
and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB
Circular A-I 33.
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.. . District: Brvan(l7)
Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(8)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The patties shall comply with the DisadvantagedlMi~iority Business Enterprise Program
requirements established in 49 CFR Part 26.
26. Debarment Certifications
'The patties are prohibited from making any award at any tier to any party that is debarred
or suspended or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549, "Debarment and Suspension."
The patties to this contract shall require any party to a subcontract or purchase order
awarded under this contract to certify its eligibility to receive Federal funds and, when
requested by the State, to furnish a copy.of the certification in accordance with Title 49
CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her knowledge
and belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with federal contracts, grants, loans, or
cooperative agreements, the signatory for the Local Government shall complete and
submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
c. 'The parties sliall require that the language of this certification be included in the award
docume~its for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
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Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
By executing this Agreement, the parties affirm this lobbying certification with respect to
the individual projects and affirm this certification of the material representation of facts
upon which reliance will be made. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §I 352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
28. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of lnsurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of lnsurance for all persons and entities working on State right of way. This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
29. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
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District: Bwan (1 7)
Code Chart 64: 09050 (College Station)
Project: STP ( )RGS
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
Name
Ben White, Mayor, City of ColIeqe Station
Printed Name and Title
Date
ATTEST:
Connie Hooks, City Secretary
Date:
APPROVED:
City Manager
Date:
City Attorney
Date:
Chief Financial Officer
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas ~rans~ortation~ommission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date
AFA-AFA-LongGen Page 10 of 10 Revised 01/24/2008
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ATTACHMENT A
Resolution or Ordinance
Page I of I Attachment A
94
ATTACHMENT B
Location Map Showing Project
Page I of 1 Attachment B
95
ATTACHMENT C
Project ~udget and Description
The Local Government and the State have agreed to share the cost of placing landscaping along the
Project, including landscaping, forest elements and enhancements to hardscape elements planned
for the project to construct a new railroad grade separation on FM 281 8 (CSJ 2399-01 -022) at the
Union Pacific Railroad. The cost of this work will be shared by the Local Government and the State
as shown below. The Local Government and State have estimated the project cost as follows:
Landscape, Hardscape Forest Improvements to FM 281 8 (CSJ 2399-01 -022)
Design (provided by
the State, based on
Direct State Costs
(including construction
engineering, inspection
and contingencies,
based on 12% of the
estimated construction
The 50% State participation in the Construction Cost reflects the overall project participation of 80%
federal - 20% state. Direct State Cost will be based on actual charges.
The total estimated Local Government's Participation = $-4.
It is further understood that the State will include only those items for the improvements as requested
and required by the Local Government. This is an estiniate only; final participation amounts will be
based on actual charges to the project.
Page 1 of 1
Attachment C
96
ATTACHMENT B
Location Map Showing Project
97
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Coversheet revised.doc
August 18, 2008
Consent Agenda Item No. 2k
Contract and Grant for HOME Programs, Brazos Valley Community Action Agency
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, discussion, and possible action regarding approval of a
Contract for federal HOME Community Housing Development Organization (CHDO) set-aside
funds to the Brazos Valley Community Action Agency (BVCAA) in the amount of
$200,415.30 for the construction of affordable housing, and $66,805.10 in CHDO operating
funds.
Recommendation(s): Staff recommends approval of the Contract. These funds have
previously been approved for this specific use in the current community development
budget and, per federal regulation, will be recaptured by HUD if not made available for this
particular activity.
Summary: The federal HOME Investment Partnership Program (HOME) provides assistance
to lower income persons by providing funds for a variety of affordable housing activities.
The City is required by U.S. Dept. of HUD to make 15%, or more, of each year's HOME
grant allocation available for non-profit agencies that meet the definition of a Community
Housing Development Organization (CHDO). A CHDO must have, as one of its primary
goals, the provision of affordable housing. It must also have a board composition that
complies with HOME Program requirements. The 15% CHDO set-aside funds may be used
for most HOME eligible activities. If these set-aside funds are not made available to an
eligible non-profit CHDO, or if no eligible CHDO is available to utilize the funding, these
funds will be recaptured by HUD. The attached agreement specifically designates
$200,415.30 of existing HOME Grant funds to be used by the CHDO toward the construction
of affordable homes.
The City may also make available 5% of each year's HOME grant for CHDO operating
expenses. This contract designates $66,805.10 to be used toward operating expenses. The
attached contract requires the CHDO to receive prior approval from city staff for each
specific project or program they desire to implement. BVCAA is the only local non-profit
that has applied for and met all of the CHDO requirements required by HUD. Homes
constructed under this program will have a city lien in place for at least five years to ensure
appropriate owner occupancy.
Budget & Financial Summary: Funding has been approved by Council in the current
community development budget. These funds may only be used by eligible CHDO’s and are
required to be allocated within two (2) years and expended within five (5) years. Twenty
five percent (25%) of any CHDO proceeds under this contract will be returned to the City at
closing to support future programming.
Attachments:
Contract and Grant for HOME Programs
98
Contract No. 08- Page 1 of 21
CITY OF COLLEGE STATION, TEXAS
CONTRACT AND GRANT FOR
HOME PROGRAMS
Article I. PARTIES
Section 1.01 This HOME CHDO Allocation of Funding Contract (the "Contract") is between the City of
College Station ("City"), a political subdivision of the State of Texas, and, Brazos Valley Community Action
Agency, ("Recipient"), a Texas Non-Profit Corporation (collectively referred to as the "Parties").
Article II. CONTRACT PERIOD
Section 2.01 This contract shall commence on September 1, 2008 and shall terminate on August 31, 2010 unless
extended by agreement of the Parties in writing.
Article III. RECIPIENT PERFORMANCE
Section 3.01 Recipient shall administer two projects in accordance with the HOME INVESTMENT PARTNERSHIPS
ACT OF 1990, 42 U.S.C. 12701 ET SEQ. (THE ACT) and the implementing regulations, 24 CFR PART 92, TEXAS
GOVERNMENT CODE SECTION 531.001 ET SEQ., and the HOME INVESTMENT PARTNERSHIPS PROGRAM RULES.
Recipient shall perform all activities in accordance with the terms of the Performance Statement, ("Exhibit A"
attached hereto); the Budget, ("Exhibit B" attached hereto); the Project Implementation Schedule, ("Exhibit C"
attached hereto); the Applicable Laws and Regulations, ("Exhibit D" attached hereto); the Certifications,
("Exhibit E" attached hereto); the assurances, covenants, warranties, certifications, and all other statements made
by Recipient in its application for the project funded under this contract; and with all other terms, provisions, and
requirements set forth in this contract.
Section 3.02 In the event the affordability requirements of 24 CFR 254 are not satisfied by Recipient hereunder,
Recipient shall bear ultimate responsibility for repayment of HOME funds.
Section 3.03 In the event that there is program income, repayments, and/or recaptured funds, the funds must be
used in accordance with the requirements of 24 CFR 92.503, as outlined in the Performance Statement, "Exhibit
A".
Section 3.04 Recipient agrees to maintain itself as a CHDO in accordance with Title II of the National
Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program
(HOME) and 24 CFR 92.300.
Section 3.05 Recipient agrees that all applicants for housing funded under this contract will comply with the City
of College Station Down Payment Assistance Program (DAP) guidelines of May 22, 2008, or as may be amended.
Article IV. CITY OBLIGATIONS
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Contract No. 08- Page 2 of 21
Section 4.01 Measure of Liability. In consideration of full and satisfactory performance of the activities referred
to in Article V of this contract, City shall be liable for actual and reasonable costs incurred by Recipient during the
contract period for performances rendered under this contract by Recipient, subject to the limitations set forth in
this Article IV.
(a) The Parties agree that City's obligations to meet City's liabilities under Article IV of this contract are
contingent upon the actual receipt of adequate local and/or federal funds. If adequate funds are not
available to make payments under this contract, City shall notify Recipient in writing within a reasonable
time after such fact is determined. City shall then terminate this contract and shall not be liable for failure
to make payments to Recipient under this contract.
(b) City shall not be liable to Recipient for any costs incurred by Recipient, or any portion thereof, which have
been paid to Recipient or which are subject to payment to Recipient, or which have been reimbursed to
Recipient, or are subject to reimbursement to Recipient, by any source other than City or Recipient.
(c) City shall not be liable to Recipient for any costs incurred by Recipient which are not eligible project costs,
as set forth in 24 CFR 92.206(A) and Article VI of this contract. Funds provided under this contract shall
not be used nor shall City be liable for payment of costs associated directly or indirectly incurred because
of prohibited activities as defined in 24 CFR 92.214.
(d) City shall not be liable to Recipient for any costs incurred by Recipient or for any performances rendered
by Recipient which are not strictly in accordance with the terms of this contract, including the terms of
Exhibits A, B, C, D, and E of this contract.
(e) City shall not be liable for costs incurred or performance rendered by Recipient before commencement or
after termination of this contract.
Section 4.02 LIMIT OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, THE
TOTAL OF ALL PAYMENTS AND OTHER OBLIGATIONS INCURRED BY CITY UNDER THIS CONTRACT SHALL UNDER
NO CIRCUMSTANCES EXCEED TWO HUNDRED SIXTY-SEVEN THOUSAND, TWO HUNDRED TWENTY AND 40/100,
($267,220.40), FROM THE FY 2007 (HUD GRANT YEAR 2006) AND FY 2008 (HUD GRANT YEAR 2007)
BUDGET.
Article V. DISBURSEMENT OF FUNDS
Section 5.01 City shall pay costs incurred which it determines are eligible and which are properly submitted
under this contract in accordance with the requirements of 24 CFR 92.502. Recipient may not request
disbursement of funds under this contract until the funds are needed for payment of eligible costs. The amount of
each request must be limited to the amount of money needed to pay eligible costs actually incurred, and may not
include amounts for prospective or future needs. Disbursement of operating funds is limited to a maximum of
$50,000 per calendar year by 24 CFR 92.300 (f).
Section 5.02 Any and all Program Income as defined by 24 CFR 84.2 must be disbursed by Recipient prior to
requesting a disbursement of funds from the City. CHDO proceeds from the sale of properties developed under
100
Contract No. 08- Page 3 of 21
this contract are not to be considered program income but may be retained by the CHDO as allowed under 24
CFR 92.300(a)(2). However, twenty-five (25%) of CHDO Proceeds under this Contract shall be returned to the
City of College Station at closing of homes constructed and sold under this contract. All other such proceeds
retained by the CHDO must be used for future HOME-eligible projects within the jurisdictional boundaries of the
City of College Station.
Section 5.03 The Parties agree that City's obligations to make payments under this contract is contingent upon
Recipient's full and satisfactory performance of its obligations under this contract. City reserves the right to
recover, recapture or offset funds paid under this contract in the event City determines that Recipient will be
unable to commit or expend funds within the prescribed time, as determined by City. Recipient agrees to refund to
the City all funds that the City in its sole discretion determines to have been used for ineligible and/or unapproved
purposes. Such refunds will be made within thirty (30) days of notification by the City of the ineligible
expenditure.
Section 5.04 The Parties agree that any right or remedy provided for in this Article V or in any other provision
of this contract is cumulative, and shall not preclude the exercise of any other right or remedy under this Contract
or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a
waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a
waiver of the right to exercise that or any other right or remedy at any time.
Article VI. UNIFORM ADMINISTRATIVE REQUIREMENTS, COSTS PRINCIPLES AND
PROGRAM INCOME
FOR GOVERNMENT ENTITIES AND NON-PROFITS
Section 6.01 Recipient shall comply with the requirements of OMB Circulars Number. A-122 "COST PRINCIPALS
FOR NON PROFIT ORGANIZATIONS", OMB Circular Number A-110 "UNIFORM ADMINISTRATIVE REQUIREMENTS FOR
GRANTS AND OTHER AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON PROFIT
ORGANIZATIONS, and 24 CFR Part 84 "UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS
WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON PROFIT ORGANIZATIONS", and any other
OMB Circulars which may apply either prospectively or retroactively. Recipient nonprofit organization must
comply with applicable OMB Circulars pursuant to 24 CFR 92.505 and any other applicable regulations.
Article VII. RETENTION AND ACCESSIBILITY OF RECORDS
Section 7.01 Recipient must establish and maintain sufficient records, including those listed under 24 CFR
92.508. The sufficiency of the records will be determined by City.
Section 7.02 Recipient shall give HUD, the Comptroller General of the United States, the City of College
Station Auditor, or any of their duly authorized representatives, access to and the right to examine all books,
accounts, records, reports, files, and other papers, things, or property belonging to or in use by Recipient
pertaining to this contract. Such rights to access shall continue as long as the records are retained by Recipient.
Recipient agrees to maintain such records in a location accessible to the above-named persons and entities.
Section 7.03 All records pertinent to this contract shall be retained by Recipient for five calendar years after the
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Contract No. 08- Page 4 of 21
date of termination of this contract or of submission of the final close-out report, whichever is later, with the
following exceptions:
(a) If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond
the five-year period, the records will be maintained until all litigation, claims or audit findings involving the
records have been finally resolved, including all legal and administrative appeals.
(b) Records relating to real property acquisition shall be retained for the period of affordability required under
24 CFR 92.254.
(c) Records covering displacement and acquisitions must be retained for at least five years after the date by
which all persons displaced from the property and all persons whose property is acquired for the project
have received the final payment to which they are entitled in accordance with 24 CFR 92.353.
Section 7.04 Recipient shall require the substance of this Article VII to be included in all subcontracts.
Section 7.05 Recipient must provide citizens, public agencies, and other interested parties with reasonable access
to records consistent with the TEXAS PUBLIC INFORMATION ACT.
Article VIII. REPORTING REQUIREMENTS
Section 8.01 Recipient shall submit to City such reports on the operation and performance of this contract as
may be required by City including but not limited to the reports specified in this Article VIII. Recipient shall
provide City with all reports necessary for City's compliance with 24 CFR Sections 92.508, 92.509 and 24 CFR
SUBPART J or any other applicable statute, law or regulation. Recipient agrees to furnish the City with information
on program participants, including: income verifications, race, ethnicity, age, sex, family status, disability status
and head-of-household status. Recipient will report any project and/or program delays or modifications and await
City approval before proceeding. Recipient will also report any instances of client fraud or program abuse to the
City. Recipient agrees to meet with the City to discuss progress or concerns as the need arises and at the City’s
request. Recipient also agrees to report on a bi-annual basis to the City on program/project status. This must be a
written report of the status on recently completed, ongoing, and pre-approved programs and/or projects and must
include information for the reporting period to include the status on: applicant approvals/denials;
projects/programs approved; fund disbursements; project bidding information; property sales;
contractor/subcontractor utilization to include: race, sex, ethnicity, addresses, social security numbers and
amounts billed and paid; use of program income, repayments, and recaptured funds; and other information as
specified by the City.
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Section 8.02 In addition to the limitations on liability otherwise specified in this contract, it is expressly
understood and agreed by the Parties hereto that if Recipient fails to submit to City in a timely and satisfactory
manner any report required by this contract, City may, at its sole option and in its sole discretion, withhold any or
all payments otherwise due or requested by Recipient hereunder. If City withholds such payments, it shall notify
Recipient in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may
be held by City until such time as Recipient fully cures or performs any and all delinquent obligations which are
identified as the reason funds are withheld.
Article IX. MONITORING
Section 9.01 The City reserves the right to carry out regular and periodic field inspections to ensure compliance
with the requirements of this contract. After each monitoring visit, City shall provide Recipient with a written
report of the monitor's findings. If the monitoring reports note deficiencies in Recipient's performances under the
terms of this contract, the monitoring report shall include requirements for the timely correction of such
deficiencies by Recipient. Failure by Recipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Article XVIII and XIX of this contract.
Article X. INDEPENDENT CONTRACTOR
Section 10.01 It is expressly understood and agreed by the Parties hereto that City is contracting with Recipient
as an Independent Contractor and not any employee, or agent of City. This contract does not establish or
constitute a joint venture or enterprise between City and Recipient.
Section 10.02 By entering into this contract, City and Recipient do not intend to create a joint enterprise.
Article XI. INDEMNIFICATION
Section 11.01. RECIPIENT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS CITY,
ITS PUBLIC OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DEMANDS, JUDGMENTS AND CAUSES OF ACTION OF EVERY
KIND AND CHARACTER INCLUDING REASONABLE ATTORNEY FEES, COSTS AND EXPERT
FEES, WHICH MAY BE ASSERTED BY ANY THIRD PARTY OCCURRING OR IN ANY WAY
INCIDENT TO, ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES AND WORK TO
BE PERFORMED BY RECIPIENT UNDER THIS CONTRACT.
SECTION 11.02. BY ENTERING INTO THIS CONTRACT THE CITY DOES NOT WAIVE ITS
GOVERNMENTAL IMMUNITY, THE LIMITATIONS AS TO DAMAGES CONTAINED IN THE
TEXAS TORT CLAIMS ACT OR CONSENT TO SUIT.
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Article XII. SUBCONTRACTS
Section 12.01 Except for subcontracts to which the federal labor standards requirements apply, Recipient may not
subcontract for performances of any obligation required or described in this contract without obtaining City's prior
written approval. Recipient shall only subcontract for performance obligations required or described in this
contract to which the federal labor standards requirements apply after Recipient has submitted a Subcontractor
Eligibility form, as specified by City, for each such proposed subcontract and Recipient has obtained City's prior
written approval, based on the information submitted, of Recipient's intent to enter into such proposed
subcontract. Recipient, in subcontracting for the performance of any obligation required as described in this
contract, expressly understands that in entering into such subcontracts, City is in no way liable to Recipient's
subcontractor(s).
Section 12.02 In no event shall any provision of this Article XII, specifically the requirement that Recipient obtain
City's prior written approval of a subcontractor's eligibility, be construed as relieving Recipient of the
responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply
with all of the terms of this contract, as if such performances rendered were rendered by Recipient. City's
approval under Article XII does not constitute adoption, ratification, or acceptance of Recipient's or
subcontractor's performance hereunder. City maintains the right to insist upon Recipient's full compliance with the
terms of this contract, and by the act of approval under Article XII, City does not waive any rights or remedies
which, may exist or which may subsequently accrue to City under this contract.
Section 12.03 Recipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances
for making procurement under this contract.
Section 12.04 Recipient shall submit a subcontractor utilization report prior to beginning work and prior to
hiring any additional subcontractors.
Article XIII. CONFLICT OF INTEREST
Section 13.01 No person who (a) is an employee, agent, consultant, officer or elected or appointed official of City
or of any applicant that receives funds and who exercises or has exercised any functions or responsibilities with
respect to activities assisted with funds provided under this contract or (b) who is in a position to participate in a
decision-making process or gain inside information with regard to such activities may obtain a personal or financial
interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract or contract (or
the proceeds thereof) with respect to a HOME assisted activity either for themselves or those with whom they
have family or business ties, during their tenure or for one year thereafter. Recipient shall ensure compliance with
applicable provisions under 24 CFR Sections 84.40 - 84.48 and OMB Circular A-110 in the procurement of
property and services.
Article XIV. NONDESCRIMINATION AND SECTARIAN ACTIVITY
Section 14.01 Equal Opportunity. Recipient shall ensure that no person shall on the grounds of race, color,
religion, sex, handicap, family status, or national origin be excluded from participation in, be denied the
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benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with
funds provided under this contract. In addition, funds provided under this contract must be made available in
accordance with the requirements of Section 3 of the HOUSING AND URBAN DEVELOPMENT ACT OF 1968
(12USC1701u) that:
(a) To the greatest extent feasible, opportunities for training and employment arising in connection with the
planning and carrying out of any project assisted with HOME funds provided under this contract be given
to low-income persons residing within the general local government area in which the project is located;
and
(b) To the greatest extent feasible, contracts for work to be performed in connection with any such project be
awarded to business concerns, including, but not limited to, individuals or firms doing business in the field
of planning, consulting, design, architecture, building construction, rehabilitation, maintenance, or repair,
which are located in or owned in substantial part by persons residing in the same metropolitan area or non-
metropolitan City as the project.
Section 14.02 Religious Organizations. Funds provided under this contract may not be provided to primarily
religious organizations, such as churches, for any activity, including secular activities. In addition, funds provided
under this contract may not be used to rehabilitate or construct housing owned by primarily religious
organizations, such as churches, for any activity, including secular activities. In addition, funds provided under
this contract may not be used to rehabilitate or construct housing owned by primarily religious organizations or to
assist primarily religious organizations in acquiring housing. The completed housing project must be used
exclusively by the owner entity for secular purposes and must be available to all persons regardless of religion.
There must be no religious or membership criteria for tenants of the property as specified under 24 CFR 92.257.
Article XV. LEGAL AUTHORITY
Section 15.01 Recipient assures and guarantees that Recipient possesses the legal authority to enter into this
contract, to receive funds authorized by this contract, and to perform the services Recipient has obligated itself to
perform hereunder.
Section 15.02 The person or persons signing and executing this contract on behalf of Recipient, or representing
themselves as signing and executing this contract on behalf of Recipient, do hereby warrant and guarantee that he,
she or they have been duly authorized by Recipient to execute this contract on behalf of Recipient and to validly
and legally bind Recipient to all terms, performances, and provisions herein set forth.
Section 15.03 Recipient shall not employ, award contract to, or fund any person that has been debarred,
suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing and Urban
Development. In addition, City shall have the right to suspend or terminate this contract if Recipient is debarred,
suspended, proposed for debarment, or ineligible to participate in the HOME Program.
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Article XVI. LITIGATION AND CLAIMS
Section 16.01 Recipient shall give City immediate notice in writing of a) any action, including any proceeding
before an administrative agency, brought or filed against Recipient in connection with this contract; and b) any
claim against Recipient, the cost and expense of which Recipient may be entitled to be reimbursed by City.
Except as otherwise directed by City, Recipient shall furnish immediately to City copies of all documents received
by Recipient with respect to such action, proceeding, or claim.
Article XVII. CHANGES AND AMENDMENTS
Section 17.01 Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to
the terms of this contract shall be by amendment hereto in writing and executed by both the Parties to this
contract.
Section 17.02 It is understood and agreed by the Parties hereto that any performance under this contract must be
rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications
made to City by Recipient, and the assurances and certifications made to the United States Department of Housing
and Urban Development by the City with regard to the operation of the HOME Program.
Section 17.03 Any alterations, additions, or deletions to the terms of this contract which are required by changes
in Federal or state law or regulations are automatically incorporated into this contract without written amendment
hereto, and shall become effective on the date designated by such law or regulations. All other amendments to the
contract must be in writing and signed by both Parties, except as provided in paragraphs 17.02 and 17.03.
Article XVIII. SUSPENSION
Section 18.01 In the event Recipient fails to comply with any term of this contract, City may, upon written
notification to Recipient, suspend this contract in whole or in part and withhold further payments to Recipient, and
prohibit Recipient from incurring additional obligations of funds under this contract.
Article XIX. TERMINATION
Section 19.01 The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and this
Article or as provided in this contract. In the event Recipient materially fails as determined by City, to comply
with any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City plan or
application, a notice of award, or elsewhere, City may take one or more of the following actions:
(a) Temporarily withhold cash payments pending correction of the deficiency or default by the Recipient.
(b) Disallow all or part of the cost of the activity or action not in compliance; and require immediate
repayment of such disallowed costs.
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(c) Withhold further HOME awards from Recipient.
(d) Exercise other rights and remedies that may be legally available as determined by the City to comply with
the terms of this contract.
(e) City may terminate this contract for convenience in accordance with 24 CFR 85.44.
Article XX. AUDIT
Section 20.01 Unless otherwise directed by City, Recipient shall arrange for the performance of an annual
financial and compliance audit of funds received and performances rendered under this contract, subject to the
following conditions and limitations:
(a) Recipient shall have an audit made in accordance with 24 CFR 92.506, THE SINGLE AUDIT ACT OF 1984, 31
U.S.C. 7501 et. seq., and OMB Circular No.133, "AUDITS OF STATES, LOCAL GOVERNMENTS, AND NON-
PROFIT ORGANIZATIONS", for any of its fiscal years included within the contract Period, in which Recipient
receives more than $300,000.00 in federal financial assistance provided by a federal agency in the form of
grants, contracts, loans, loan guarantees, property, cooperative contracts, interest subsidies, insurance or
direct appropriations, but does not include direct federal cash assistance to individuals. The term includes
awards of federal financial assistance received directly from federal agencies, or indirectly through other
units of State and local government;
(b) At the option of Recipient, each audit required by this Article may cover either Recipient's entire
operations or each department, agency, or establishment of Recipient which received, expended, or
otherwise administered federal funds;
(c) Notwithstanding paragraphs 4.01(c) and (d), Recipient shall utilize operating expense funds budgeted
under this contract to pay for that portion of the cost of such audit services properly allocable to the
activities funded by City under this contract, provided however that City shall not make payment for the
cost of such audit services until City has received the complete and final audit report from Recipient;
(d) Unless otherwise specifically authorized by City in writing, Recipient shall submit the complete and final
report of such audit to City within thirty (30) days after completion of the audit, but no later than one (1)
year after the end of each fiscal period included within the period of this contract. Audits performed under
Subsection A of this Article XX are subject to review and resolution by City or its authorized
representative.
(e) As part of its audit, Recipient shall verify expenditures according to the Budget attached as Exhibit B.
Section 20.02 Notwithstanding Paragraph 20.01 City reserves the right to conduct an annual financial and
compliance audit of funds received and performances rendered under this contract. Recipient agrees to permit
City or its authorized representative to audit Recipient's records and to obtain any documents, materials, or
information necessary to facilitate such audit.
Section 20.03 Recipient understands and agrees that it shall be liable to City for any costs disallowed pursuant to
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financial and compliance audit(s) of funds received under this contract. Recipient further understands and agrees
that reimbursement to City of such disallowed costs shall be paid by Recipient from funds which were not
provided or otherwise made available to Recipient under this contract.
Section 20.04 Recipient shall take all necessary actions to facilitate the performance of such audit or audits
conducted pursuant to this Article XX as City may require of Recipient.
Section 20.05 All approved HOME audit reports shall be made available for public inspection within 30 days after
completion of the audit.
Article XXI. ENVIRONMENTAL CLEARANCE REQUIREMENTS
Section 21.01 Recipient understands and agrees that by the execution of this contract, City shall assume the
responsibilities for environmental review, decision making, and other action which would otherwise apply to
City in accordance with and to the extent specified in 24 CFR, PART 58. In accordance with 24 CFR
58.77(b), Recipient further understands and agrees that City shall handle inquiries and complaints from
persons and agencies seeking redress in relation to environmental reviews covered by approved certifications.
Section 21.02 Funds provided under this contract, may not be obligated and expended before the actions specified
in this Article occur.
Section 21.03 City shall prepare and maintain a written Environmental Review Record for this project in
accordance with 24 CFR PART 58 to ensure compliance with the NATIONAL ENVIRONMENTAL POLICY ACT
(NEPA). Recipient must also maintain a copy of the Environmental Review Record in Recipient's project file.
City must comply with all other applicable environmental requirements as specified in Exhibit D of this
contract. City shall document its compliance with such other requirements in its environmental review file.
Article XXII. SPECIAL CONDITIONS
Section 22.01 City shall not release any funds for any costs incurred by Recipient under this contract until City
has received certification from Recipient that its fiscal control and fund accounting procedures are adequate to
assure the proper disbursal of and accounting for funds provided under this contract. City shall specify the content
and form of such certification.
Section 22.02 Affordability. Funds provided under this contract must meet the affordability requirement of 24
CFR 92.254 and the HOME rules as applicable. The City shall reduce HOME investment amount to be
recaptured on a pro-rata basis for the time the unit is in compliance with 24 CFR 92.254 and the HOME rules as
applicable.
Section 22.03 Repayment. Recipient agrees that all repayments, including all interest and any other return on the
investment of HOME funds will be made to City pro-rata. The formula for repayment is the funds received which
are subject to repayment divided by the number of months in the period of affordability multiplied by the number
of months that a home is not operated in accordance with the affordability requirement.
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Section 22.04 Housing Quality Standards. Recipient shall ensure that all housing assisted with funds provided
under this contract shall meet the requirements of 24 CFR 92.251 for the duration of this contract.
Section 22.05 Affirmative Marketing. Should funds from this contract be used in the construction of five (5)
or more dwelling units, Recipient shall adopt Affirmative Marketing procedures and requirements. The
Affirmative Marketing procedures and requirements shall include, but need not be limited to, those specified
in 24 CFR 92.351. City will assess the efforts of the Recipient during the marketing of the units by use of
compliance certification. Where a Recipient fails to follow the Affirmative Marketing procedures and
requirements, corrective actions shall include extensive outreach efforts to appropriate contacts to achieve the
occupancy goals or other sanctions the City may deem necessary. Recipient must provide City with an annual
assessment of the Affirmative Marketing program of the development, if and Affirmative Marketing program
is required under this section. The assessment must include:
(a) Method used to inform the public and potential residents about Federal Fair Housing laws and Affirmative
Marketing policy. Recipient's advertising of housing must include the Equal Housing Opportunity logo or
statement. Advertising media may include newspaper, radio, television, brochures, leaflets, or signage.
Recipient may wish to use community organizations, places of worship, employment centers, fair housing
groups, housing counseling agencies, social service centers or medical service centers as resources for this
outreach.
(b) Records describing actions taken by the Recipient to affirmatively market housing and records to assess
the results of these actions. Recipient must maintain a file containing all marketing efforts (i.e. copies of
newspapers ad, memos of phone calls, copies of letters) to be available for inspection at least annually by
City.
(c) Recipient shall solicit applications for housing from persons in the housing market who are least likely to
apply for housing without benefit of special outreach efforts. In general, persons who are not of the
race/ethnicity of the residents of the neighborhood in which the housing is located shall be considered
those least likely to apply.
(d) Recipient shall maintain a listing of all residents residing in each home through the end of the compliance
period.
(e) The Recipient will take all necessary affirmative steps to assure that minority firms, women's business
enterprises, and labor surplus area firms are used when possible. Affirmative steps shall include: Placing
qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that
small and minority businesses, and women's business enterprises are solicited whenever they are potential
sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority business, and women's business enterprises; Establishing
delivery schedules, where the requirement permits, which encourage participation by small and minority
business, and women's business enterprises; Using the services and assistance of the Small Business
Administration, and the Minority Business Development Agency of the Department of Commerce; and
requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in the
preceding paragraph.
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Section 22.06 Enforcement of Affordability. City shall provide a legally enforceable contract consisting of a
Real Estate Lien Note and Deed of Trust, containing remedies adequate to enforce the affordability
requirements of 24 CFR 92.254, as applicable, for each activity assisted under this contract, to be recorded in
the real property records of Brazos County. Funds recaptured because housing no longer meets the
affordability requirements under 24 CFR 92.254(a)(5) are subject to the requirements of 24 CFR 92.503.
Section 22.07 Reversion of Assets. Upon termination of this contract, all funds remaining on hand on the
date of termination and all accounts receivable attributable to the use of funds received under this contract
shall revert to City. Recipient shall return these assets to City within seven (7) days after the date of
termination. This section does not refer to CHDO proceeds from the sale of property.
Section 22.08 Flood Hazards. Funds provided under this contract may not be used in connection with
acquisition, rehabilitation, or construction of a development located in an area identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazards.
Section 22.09 Fair Housing. Recipient participating in the HOME program shall use affirmative fair housing
marketing practices in determining eligibility and concluding all transactions. These requirements apply to all
projects of five (5) or more units. Each participating entity must affirmatively further fair housing in
accordance with 24 CFR 92.350.
Section 22.10 Displacement, Relocation, and Acquisition. Recipient must ensure that it has taken all
reasonable steps to minimize the displacement of persons (families, business and nonprofit organizations) as a
result of a project assisted with funds provided under this contract. Recipient must comply with the applicable
provisions of 24 CFR 92.353.
Section 22.11 Property Standards. Recipient shall ensure that all housing assisted with funds provided under
this contract (1) shall meet the lead-based paint requirements in 24 CFR 92.355 upon project completion and
(2) shall meet the requirements of 24 CFR 92.355 for the duration of this contract.
Section 22.12 All documents necessary for the conveyance of real property, pursuant to the contract, must be
approved, prior to execution, by the City. (i.e. deeds, notes, Deed of Trust, etc.)
Section 22.13 Funding under this contract is contingent upon Recipient meeting all terms, conditions of this
contract.
Section 22.14 This contract and the performance hereunder may not be assigned without the express written
consent of City.
Section 22.15 This contract is binding on Recipient’s assigns and successors-in-interest.
Article XXIII. ORAL AND WRITTEN CONTRACTS
Section 23.01 All oral and written contracts between the Parties relating to the subject matter of this contract that
were made prior to the execution of this contract have been reduced to writing and are contained in this contract.
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Section 23.02 The attachments enumerated and denominated below are hereby made a part of this contract, and
constitute promised performances by Recipient in accordance with Article III of this contract.
(a) Exhibit A. Performance Statement
(b) Exhibit B. Budget
(c) Exhibit C. Project Implementation Schedule
(d) Exhibit D. Applicable Laws and Regulations
(e) Exhibit E. Certifications
Article XXIV. VENUE
Section 24.01 For purposes of litigation pursuant to this contract, venue shall lie in Brazos County, Texas
Article XXV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Section 25.01 Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations,
orders and decrees of any court or administrative body or tribunal related to the activities and performances of
contractor under this contract. Upon request by City, Recipient shall furnish satisfactory proof of its compliance
herein.
BRAZOS VALLEY COMMUNITY ACTION AGENCY, INC.
Karen M. Garber Date
Executive Director
CITY OF COLLEGE STATION
By:
Mayor Date
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ATTEST:
By:
City Secretary Date
APPROVED:
City Manager Date
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney Date
Chief Financial Officer Date
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STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of __________, 2008, by Karen M.
Garber, in her capacity as Executive Director of Brazos Valley Community Action Agency, a Texas Non-Profit
Corporation.
Notary Public in and for
the State of Texas
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of __________, 2008, by
________________, as Mayor of the City of College Station, a Texas municipal corporation, on its behalf.
Notary Public in and for
the State of Texas
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EXHIBIT A
PERFORMANCE STATEMENT
BRAZOS VALLEY COMMUNITY ACTION AGENCY, INC.
Recipient is awarded $100,712.70 from the City of College Station FY 2007 (HUD Grant Year 2006) HOME
Investment Partnerships Program – Community Housing Development Organization (CHDO) set-aside funds.
Additionally, Recipient is awarded $99,702.60 from the City of College Station FY 2008 (HUD Grant Year 2007)
HOME Investment Partnerships Program – CHDO set-aside funds. These funds must be used for Acquisition of
suitable, in-fill property and construction of two new affordable, single family residences in low and
moderate-income neighborhoods in the City of College Station. The property acquired must be first
approved by the city. The homes constructed shall be of a design approved by the City.
Recipient is also awarded $33,570.90 from the City of College Station FY 2007 (HUD Grant Year 2006)
HOME Investment Partnerships Program – Community Housing Development Organization (CHDO)
operating expenses. Additionally, Recipient is awarded $33,234.20 from the City of College Station FY 2008
(HUD Grant Year 2007) HOME Investment Partnerships Program – CHDO operating expenses. Recipient
agrees to utilize operating expenses allocated under this Contract for eligible activities as outlined in 24 C.F.R.
92.208. These operating expenses are limited to the following uses: Salaries, wages, other employee
compensation and benefits; employee education and training limited to courses directly related to CHDO
activity and approved by the City in writing in advance, necessary and approved travel, equipment, supplies,
and the HOME portion of Recipient's annual audit cost.
All work must be in compliance with current City of College Station Building Codes. Recipient shall dedicate all
easements required by City including blanket easements which shall be substituted with as-built easements for all
City utilities. The project must be substantially completed within two (2) years of the date of this contract.
All required permits must be obtained prior to any work commencing. All required inspections must be performed
by the City of College Station Building Inspectors.
Recipient must provide written notification of all subcontractors to City.
Upon completion of such construction Recipient must submit a copy of all receipts paid. At that point, the City
will have 30 days to make payment on said receipts, not to exceed maximums established in Exhibit B, Budgets.
Within six (6) months from issuance of the Certificate of Occupancy, said HOME unit must be occupied by an
eligible resident. Recipient is not prohibited from conducting a background check on credit history or criminal
history.
Income does not constitute program income, recaptured funds, or repayment of funds. However, any program
income, recaptured funds, recaptured funds, or repayment of any funds must be immediately returned to the City
of College Station Department of Economic and Community Development - HOME Investment Partnerships
Program. The City grants the Recipient the authority for the right to maintain all project proceeds. Any/all
program income, recaptured funds, repaid funds, project proceeds, etc., are subject to this contract.
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EXHIBIT B
BUDGET
BRAZOS VALLEY COMMUNITY ACTION AGENCY, INC.
SOURCES OF FUNDS:
Maximum Proceeds of grant under the contract $267,220.40
USES OF FUNDS:
Operating Expense Funds $ 66,805.10
Eligible Construction Costs and Acquisition of Land $200,415.30
(Maximum Acquisition Expense under this contract - $120,000)
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EXHIBIT C
PROJECT IMPLEMENTATION SCHEDULE
CONTRACT START DATE: September 1, 2008
CONTRACT END DATE: August 31, 2010
Property Acquisition – Funds from this contract may be used to acquire single family in-fill lots designated low
and moderate-income neighborhoods within the jurisdictional boundaries of the City of College Station for the
purpose of constructing the project identified in Exhibit A. Acquisition and closing to be completed by June 30,
2009.
Construction Phase – Construction for this project is scheduled to begin July 1, 2009 with completion and
certificate of occupancy date no later than August 31, 2010. The issuance of a building permit will constitute start
of construction.
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EXHIBIT D
THE APPLICABLE LAWS AND REGULATIONS
Recipient shall comply with all federal, state, and local laws and regulations applicable to the activities and
performances rendered by Recipient under this contract including but not limited to the laws, and the regulations
specified in Section I through VI of this Exhibit D.
I. CIVIL RIGHTS
THE FAIR HOUSING ACT (42 U.S.C. 3601-20) AND IMPLEMENTING REGULATIONS AT 24 CFR PART 100;
EXECUTIVE ORDER 11063, AS AMENDED BY EXECUTIVE ORDER 12259 (3 CFR, 1958-1963 COMP., P. 652
AND 3 CFR, 1980 COMP., P . 307) (EQUAL OPPORTUNITY IN HOUSING) AND IMPLEMENTING REGULATIONS AT
24 CFR, PART 107; AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D)
(NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS) AND IMPLEMENTING REGULATIONS ISSUED AT 24
CFR, PART 1;
EXECUTIVE ORDER 11063, AS AMENDED BY EXECUTIVE ORDER 12259, AND 24 CFR PART 107,
"NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063". THE
FAILURE OR REFUSAL OF RECIPIENT TO COMPLY WITH THE REQUIREMENTS OF EXECUTIVE ORDER 11063 OR 24
CFR, PART 107 SHALL BE A PROPER BASIS FOR THE IMPOSITION OF SANCTIONS SPECIFIED IN 24 CFR 107.60;
THE PROHIBITION AGAINST DISCRIMINATION ON THE BASIS OF AGE UNDER THE AGE DISCRIMINATION ACT OF
1975 (42 U.S.C. 6101-07) AND IMPLEMENTING REGULATIONS AT 24 CFR, PART 146, AND THE PROHIBITIONS
AGAINST DISCRIMINATION AGAINST HANDICAPPED INDIVIDUALS UNDER SECTION 504 OF THE REHABILITATION
ACT OF 1973 (29 U.S.C. 794) AND IMPLEMENTING REGULATIONS AT 24 CFR, PART 8;
THE REQUIREMENTS OF EXECUTIVE ORDER 11246 (3 CFR 1964-65, COMP., P . 339) (EQUAL EMPLOYMENT
O PPORTUNITY) AND THE IMPLEMENTING REGULATIONS ISSUED AT 41 CFR, CHAPTER 60.
THE REQUIREMENTS OF 24 CFR 92.351 (MINORITY OUTREACH), EXECUTIVE ORDERS 11625 AND 12432
(CONCERNING MINORITY BUSINESS ENTERPRISE), AND 12138 (CONCERNING WOMEN'S BUSINESS
ENTERPRISE). CONSISTENT WITH HUD'S RESPONSIBILITIES UNDER THESE ORDERS, RECIPIENT MUST MAKE
EFFORTS TO ENCOURAGE THE USE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES IN CONNECTION WITH
HOME FUNDED ACTIVITIES. RECIPIENT MUST PRESCRIBE PROCEDURES ACCEPTABLE TO THE CITY TO
ESTABLISH ACTIVITIES TO ENSURE THE INCLUSION, TO THE MAXIMUM EXTENT POSSIBLE, OF MINORITIES AND
WOMEN, AND ENTITIES OWNED BY MINORITIES AND WOMEN. T HE CONTRACTOR / SUBCONTRACTOR WILL BE
REQUIRED TO IDENTIFY CONTRACTS WHICH HAVE BEEN BID BY MINORITY OWNED, WOMEN OWNED, AND/OR
SMALL DISADVANTAGED BUSINESSES.
THE AGE DISCRIMINATION ACT OF 1975 (42 U.S.C., SECTION 6101 ET SEQ.);
SECTION 504 OF THE REHABILITATION ACT OF 1973 (29 U.S.C., SECTION 794) AND "NONDISCRIMINATION
BASED ON HANDICAP IN FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT", 24 CFR, PART 8. BY SIGNING THIS CONTRACT, RECIPIENT
UNDERSTANDS AND AGREES THAT THE ACTIVITIES FUNDED HEREIN SHALL BE OPERATED IN ACCORDANCE WITH
24 CFR, PART 8; AND THE ARCHITECTURAL BARRIERS ACT OF 1968 (42 U.S.C., SECTION 4151 ET. SEQ.)
117
Contract No. 08- Page 20 of 21
INCLUDING THE USE OF A TELECOMMUNICATIONS DEVICE FOR DEAF PERSONS (TDDS) OR EQUALLY EFFECTIVE
COMMUNICATION SYSTEM.
II. LEAD-BASED PAINT
TITLE IV OF THE LEAD-BASED PAINT POISONING PREVENTION ACT (42 U.S.C. SEC. 4831).
III. ENVIRONMENTAL STANDARDS
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (42 U.S.C. SEC. 4321 ET. SEQ.) AND 40 CFR PARTS 1500-
1508;
THE NATIONAL HISTORIC PRESERVATION ACT OF 1966 (16 U.S.C. SEC. 470 ET. SEQ.) AS AMENDED;
PARTICULARLY SECTION 106 (16 U.S.C. SEC. 470F);
EXECUTIVE ORDER 11593, PROTECTION AND ENHANCEMENT OF THE CULTURAL ENVIRONMENT, MAY 13,
1971 (36 FED. REG. 8921), PARTICULARLY SECTION 2(C);
THE RESERVOIR SALVAGE ACT OF 1960 (16 U.S.C. SEC. 469 ET SEQ.). PARTICULARLY SECTION 3 (16 U.S.C.
SEC. 469A-1), AS AMENDED BY THE ARCHEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974; FLOOD
DISASTER PROTECTION ACT OF 1973, (42 U.S.C. SEC. 4001 ET. SEQ.) AS AMENDED, PARTICULARLY
SECTIONS 102(A) AND 202(A) (42 U.S.C. SEC. 4012A (A) AND SEC. 4106(A);
EXECUTIVE ORDER 11988, FLOODPLAIN MANAGEMENT, MAY 24, 1977 (42 FED. REG. 26951),
PARTICULARLY SECTION 2(A).
EXECUTIVE ORDER 11990 PROTECTION OF WETLANDS, MAY 24, 1977 (42 FED. REG. 26961), PARTICULARLY
SECTIONS 2 AND 5.
THE SAFE DRINKING WATER ACT OF 1974, (42 U.S.C. SEC. 201, 300(F) ET SEQ.) AND (21 U.S.C. SEC. 349)
AS AMENDED, PARTICULARLY SECTION 1424(E) (42 U.S.C. SEC. 300H-303(E);
THE ENDANGERED SPECIES ACT OF 1973, (16 U.S.C. SEC. 1531 ET. SQ.) AS AMENDED, PARTICULARLY
SECTION 7 (16 U.S.C. SEC. 1536);
THE WILD AND SCENIC RIVERS ACT OF 1968, (16 U.S.C. SEC. 1271 ET SEQ.) AS AMENDED, PARTICULARLY
SECTION 7(B) AND (C)(16 U.S.C. SEC. 1278(B) AND (C);
THE CLEAN AIR ACT (41 U.S.C. SEC. 7401 ET SEQ.) AS AMENDED, PARTICULARLY SECTION 176(C) AND (D)
(42 U.S.C. SEC. 7506(C) AND (D);
118
Contract No. 08- Page 21 of 21
FARMLANDS PROTECTION AND POLICY ACT OF 1981, (7 U.S.C. SEC. 4201 ET SEQ.)
24 CFR PART 51, ENVIRONMENTAL CRITERIA AND STANDARDS.
IV. ACQUISITION/RELOCATION
THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (42
U.S.C., SEC. 4601 ET. SEQ.), 49 CFR PART 24, AND 24 CFR SECTION 570.496A (55 FED. REG. 29309 (JULY
18, 1990)
V. LABOR REQUIREMENTS
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, AS AMENDED (40 USC 327-333)
COPELAND (ANTI-KICKBACK) ACT (40 USC 276C)
FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED (29 USC 201, ET. SEQ.)
119
Contract No. 08- Page 22 of 21
EXHIBIT E
CERTIFICATION REGARDING LOBBYING FOR
CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certified, to the best of its knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement or modification of
any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit standard form LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is material representation of fact which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signed: BY: DATE:
Karen M. Garber
Executive Director
BRAZOS VALLEY COMMUNITY ACTION AGENCY, INC.
120
August 18, 2008
Regular Agenda Item No. 1
Renee Lane Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion of an
ordinance rezoning Lot 9 of the Bald Prairie Subdivision, consisting of 2.93 acres, from A-O
Agricultural-Open to R-1 Single-Family Residential for the properties located at 13881,
13889, 13909 Renee Lane, generally located on the east side of Renee Lane.
Recommendation(s): The Planning & Zoning Commission heard this item July 17, 2008
and unanimously recommended approval of the rezoning with a vote of 6-0. Staff also
recommended approval of the rezoning request.
Summary: The request was analyzed for compliance with the review criteria for a rezoning,
as stated in the Unified Development Ordinance, as follows:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Land Use Plan designates this area
for Single-Family Medium Density development. R-1 Single-Family is the appropriate
zoning district for implementation of the Comprehensive Plan.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The subject property is part of the
Bald Prairie Subdivision. Portions of the subdivisions have already been zoned for and
redeveloped as medium density single-family. The proposed rezoning would continue
the pattern of recent development and is compatible with the surrounding land uses,
which include single-family homes.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The subject
property, while a single lot, is currently owned by three unrelated parties. Two of the
tracts currently have structures on them and a manufactured home was recently
removed from the third tract. The proposed R-1 Single-Family zoning would allow the
property to be legally resubdivided to reflect the current ownership and would allow
single-family development to occur on the lots.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
property was zoned A-O Agricultural Open when it was annexed in 1995. A-O allows for
minimum 5 acres lots. The subject property is 2.93 acres and was platted as a single lot
in 1973, but is currently owned by three unrelated parties. At this time, they wish to
legally subdivide the property to reflect the current ownership. The property cannot be
legally resubdivided under the current A-O zoning because of the lot area requirements.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
121
The property owners are seeking to legally divide the property into three tracts to reflect
the current ownership. The proposed rezoning is needed to allow the property to replat.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There is an existing 8-inch
sanitary sewer main and a 3-inch water main serving the property. Drainage is mainly
to the northeast within the Lick Creek basin. The property takes access from Renee
Lane, a residential street.
Budget & Financial Summary: None.
Attachments:
1. Small Area Map
2. Draft Planning & Zoning Commission Meeting minutes, July 17, 2008
3. Ordinance
122
123
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, July 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer,
Doug Slack and Thomas Woodfin
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: Larry Stewart
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Boyer,
Staff Planners Jason Schubert and Lauren Hovde, Assistant City Engineer Josh Norton,
Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, 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
1. Call Meeting to Order.
Chairman John Nichols called the meeting to order at 7:12 p.m.
2. Public hearing, presentation, possible action, and discussion regarding a rezoning
from A-O Agricultural Open to R-1 Single-Family for 2.93 acres located at
13881, 13889 and 13909 Renee Lane, generally located southwest of Victoria
Avenue at the end of Renee Lane. Case #08-00500127 (JP)
Jennifer Prochazka, Senior Planner, presented the rezoning and recommended
approval. She stated that the property is owned by three different parties.
There was general discussion regarding the rezoning.
Chairman Nichols opened the public hearing.
Rick Tobias, 13889 Renee Lane, stated that there is currently only one dwelling
unit on the property.
Chairman Nichols closed the public hearing.
124
Commissioner Bauman motioned to recommend approval of the rezoning.
Commissioner Woodfin seconded the motion, motion passed (6-0).
125
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW;
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," Section 4.2, "Official Zoning
Map," 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 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 1 8th day of August, 2008
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
126
ORDINANCE NO.
EXHIBIT "A"
Page 2
That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from A-0 Agricultural-Open to R-1 Single-Family Residential
and is graphically shown in EXHIBIT "B": Lot 9 of the Bald Prairie Subdivision.
127
ORDINANCE NO.
EXHIBIT "B"
Page 3
128
August 18, 2008
Regular Agenda Item No. 2
Fairfield Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion on an
ordinance rezoning 0.4848 acres from R-1, Single Family Residential to R-4, Multi-Family
Residential located at 1475 Harvey Mitchell Parkway at the northwest corner of Jones Butler
Road and FM 2818.
Recommendation(s): The Planning and Zoning Commission unanimously recommended
approval in their July 17, 2008 meeting. Staff also recommended approval.
Summary: REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan depicts the
bulk of the parent tract to be intended for Residential Attached use, which is inconsistent
with the current R-1, Single Family zoning of the subject property. Rezoning the subject
property to R-4, Multi-Family, will allow the remaining 0.4848 acre tract to be more
harmonious with the larger 9.08 acre parent tract.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The 9.08 acre parent tract of the
subject property is zoned R-4, Multi-Family, with no current development. The subject
property has Thoroughfares on the other three sides consisting of Harvey-Mitchell
Parkway and Jones-Butler Road. The other surrounding properties consist of multi-
family uses and vacant tracts. A rezoning of the subject property will be consistent with
surrounding uses.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
proposed rezoning will allow the subject property to be developed with the adjacent
property.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
subject property was originally intended to be part of the larger parent tract which was
rezoned in 2007. However, at the time of rezoning, the subject land was under
ownership of Brazos County. Instead of waiting to rezone the entire property, the
developer of the parent tract opted to continue the process and attempt a rezoning on
the subject property at a later time. Now that the developer has acquired the subject
property, the current zoning of R-1, single family, is not compatible with the future use
of the parent tract. In addition, the configuration of the subject property does not allow
for a single-family development which must be a minimum of 50 feet by 100 feet.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The property’s current marketability is limited by it configuration. The rezoning will
allow it to be developed with the adjacent property. The subject property will provide
access to Jones-Butler Road for the 9.08 parent tract.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There are existing 8-inch,
18-inch, and 24-inch water mains along Jones-Butler Road and an 8-inch water main
along Holleman Drive available to serve the property. There is also a 6-inch water main
extension to the property along Jones-Butler Road. Sanitary sewer service may be
provided by an existing 15-inch main located along the northwestern and western
129
property lines. Drainage is mainly to the northeast within the Bee Creek Tributary “B”
basin. The subject property is located at the northwest corner of the Harvey-Mitchell
Parkway and Jones-Butler Road intersection. All utilities shall be designed in accordance
with BCS Unified Design Guidelines at the time of Platting and Site Development.
Budget & Financial Summary: N/A
Attachments:
1. Item Background
2. Draft Planning and Zoning Commission Minutes, July 17, 2008
3. Ordinance
130
NOTIFICATIONS
Advertised Commission Hearing Date: July 17, 2008
Advertised Council Hearing Dates: August 18, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: 6
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 1
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Thoroughfare- Major
collector N/A Jones-Butler Road
South Thoroughfare- Freeway N/A Harvey-Mitchell
Parkway
East Thoroughfare- Major
collector N/A Jones-Butler Road
West Residential Attached R-4 undeveloped
DEVELOPMENT HISTORY
Annexation: 1970
Zoning: R-1, Single Family Residential
Final Plat: Unplatted
Site development: Undeveloped
131
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, July 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer,
Doug Slack and Thomas Woodfin
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: Larry Stewart
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Boyer,
Staff Planners Jason Schubert and Lauren Hovde, Assistant City Engineer Josh Norton,
Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, 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
1. Call Meeting to Order.
Chairman John Nichols called the meeting to order at 7:12 p.m.
2. Public hearing, presentation, possible action, and discussion regarding a rezoning
from R-1 Single Family Residential to R-4 Multi-Family Residential for 0.4848
acres located on the northwest corner of Harvey Mitchell Parkway and Jones-
Butler Road. Case #08-00500135 (LH)
Lauren Hovde, Staff Planner, presented the rezoning and recommended approval.
Chairman Nichols opened the public hearing.
No one spoke during the public hearing.
Chairman Nichols closed the public hearing.
Commissioner Woodfin motioned to recommend approval of the rezoning.
Commissioner Bauman seconded the motion, motion passed (6-0).
132
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES
AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; 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," Section 4.2, "Official Zoning Map," 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 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 day of ,2008
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
133
ORDINANCE NO.
EXHIBIT "A"
Page 2
That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of
Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from R-1, Single Family Residential to R-4, Multi-Family Residential:
BEING .04848 OF ONE ACRE (2 1,120 SQ. FT) OF LAND, SURVEYED BY LANDESIGN
SERVICES, INC., OUT OF THE CRAWFORD BURNET SURVEY, ABSTRACT NO. 7, BRAZOS
COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 9.08 ACRES CONVEYED TO THE
COUNTY OF BRAZOS, RECORDED IN VOLUME 272, PAGE 425, OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRlBED BY METES AND
BOUNDS SHOWN IN EXMBIT "B", AND GRAPHICALLY SHOWN IN EXHIBIT "C".
134
ORDINANCE NO.
EXHIBIT "B"
Page 3
Landesign Services, Inc.
555 Round Rock West Drive
81dg 0, Suite 170
Round Rock, Texas 78681
512-238-7901 office
512-238-7902 fox
EXHIBIT" "
METES AND BOUNDS DESCRIPTION
BEING 0.4848 OF ONE ACRE (21.120 SQ. FT.) OF LAND. SURVEYED BY LANDESIGN
SERVICES, INC., OUT OF THE CRAWFORD BURNET SURVEY, ABSTRACT NO. 7,
BRAZOS COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 9.08 ACRES,
CONVEYED TO THE COUNTY OF BRAZOS, RECORDED IN VOLUME 272, PAGE 425,
OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 112 inch iron rebar with cap marked "LANDESIGN" set at the
intersection of the north right-of-way line of Harvey Mitchell Parkway (FM 2818)(R.O.W
width vanes) and the west right-of-way line of Jones-Butler Road (90 foot R.O.W.);
THENCE South 88"18'02" West with the north right-of-way line of Harvey Mitchell
Parkway (FM 2818) a distance of 42.67 feet to a 112 inch iron rebar with cap marked
"LANDESIGN" set in the west line of said 9.08 acres and in the easterly line of a
remai~?der of a called 134.041 acre tract of land conveyed to TLS Properties, LTD.
recorded in Volume 3022, Page 187 and Volume 3091, Page 243, both of the Official
Public Records of Brazos County, Texas;
THENCE North 22'03'44" West with the west line of said 9.08 acres and the easterly
llne of a remainder of said 134.041 acres a distance of 641.56 feet to a 112 inch iron
rebar found in the curving said southwest right of way lim of Jones-Butler Road;
THENCE with the said southwest right-of-way line of Jones-Butler Road, with a non-
tangent curve to the right, having a radius of 1684.66 feet, a delta angle of 12"30'38". a
length of 367.84 feet and a chord which bears South 28'19'03" East a distance of
367.1 1 feet to a 112 inch iron rebar found with cap marked "HP MAYO";
THENCE South 22"03'44" East with the southwest right-of-way line of Jones-Butler
Road a distance of 291.48 feet to the POINT OF BEGINNING.
Page 1 of 2
135
ORDINANCE NO.
This parcel contains 0.4848 of one acre (21,120 sq. R.) of land, more or less, out of the
Crawford Bumct Survey. Abstract No. 7, Brazos County, Texas. Description prepared from
an on-theground survey made during January, 2007. All bearings are based on the Texas
State Plane Coowystq. Central Zone (NAD 83).
", . .- ,I
. ."-
Jose Wf" Date
~egixied Professional Land Surveyor
Staie of Texas No. 4938
Project Number 03147-002
Anmhments. Survey Drawing L:\17 ac FM 281U\DGNS\ 03102FlNAL.dgn
L.il7 ac FM 2818\FNOTES!0.4848AC.doc
Page 4
Page 2 of 2
136
ORDINANCE NO.
EXHIBIT "C"
Page 5
137
18 August 2008
Regular Agenda Item No. 3
Annexation Public Hearing
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding the service plan for 1.02 acres in the 3200 block of Rock Prairie Road West
identified for annexation under the exempt status.
Recommendation: The Planning & Zoning Commission heard this item on 17 July
and voted unanimously to recommend approval. Staff also recommended approval.
Summary: This is the first of two public hearings required by the TEXAS LOCAL
GOVERNMENT CODE prior to initiating annexation proceedings. As part of the public
hearings, staff will present an overview of the annexation service plan (see
attached).
The purpose of the public hearings is to give individuals the opportunity to express
their views regarding the proposed annexation and the service plan. Council is not
expected to take any action at either public hearing. The final annexation ordinance
is scheduled to be presented to Council on 25 September 2008.
Budget & Financial Summary: N/A
Attachments:
1. Annexation Service Plan
2. Annexation Area Map
138
1
CITY OF COLLEGE STATION SERVICE PLAN
FOR THE AREA TO BE ANNEXED
EFFECTIVE 25 SEPTEMBER 2008
I. ANNEXATION AREA
The annexation area is located in the City of College Station's Extraterritorial Jurisdiction. The property
is illustrated in Figure 1 and generally described below:
General Description – the front portion of Lot 7R of Block 2 of the Rock Prairie Road West
Business Park., located in the 3200 block of Rock Prairie Road West, generally located on the
south side of Rock Prairie Road West, approximately 2,000 feet west of the intersection of
Rock Prairie Road and Wellborn Road and consisting of 1.02 acres.
II. INTRODUCTION
This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE,
Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, AND VERNON SUPP. 2007, as amended from
time to time). Municipal facilities and services to the annexed area described above will be provided or
made available on behalf of the City in accordance with the following plan. This plan provides a
program under which the City of College Station will provide full municipal services to the annexed
area. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE,
Section 43.056(B).
This Service Plan does not:
· require the creation of another political subdivision;
· require a landowner in the area to fund the capital improvements necessary to
provide municipal services in a manner inconsistent with Chapter 395, Texas Local
Government Code; or
· provide services in the area in a manner that would have the effect of reducing by
more than a negligible amount the level of fire and police protection and emergency
medical services provided within the corporate boundaries of the municipality
before annexation.
The level of services, infrastructure, and infrastructure maintenance provided to the annexed area is
comparable to the level of services, infrastructure, and infrastructure maintenance available in other
parts of the City with topography, land use, and population density similar to those contemplated or
projected in the annexed area.
139
2
FIGURE 1
140
3
III. SERVICE COMPONENTS
This plan contains three service components: (1) Immediate Services, (2) Additional Services, and (3)
Capital Improvement Program.
Immediate Services
As required by TEXAS LOCAL GOVERNMENT CODE, SECTION 43.056(B), certain municipal services will be
provided by the City of College Station immediately upon the effective date of annexation. These
services include:
· police protection;
· fire protection;
· emergency medical services;
· solid waste collection, except as provided by Subsection 43.056(o);
· operation and maintenance of water and wastewater facilities in the annexed area
that are not within the service area of another water or wastewater utility;
· operation and maintenance of roads, and streets, including road and street
lighting;*
· operation and maintenance of public parks, playgrounds, and swimming pools; and
· operation and maintenance of any other publicly owned facility, building, or service.
*Note: Street lighting will be maintained for fixtures located within the service territory
of College Station Utilities.
A. Police Protection
Currently, the annexation area is under the jurisdiction of the Brazos County Sheriff’s
Department. Upon annexation the College Station Police Department will provide police service,
including routine patrol, traffic enforcement, and dispatch response to emergency and non-
emergency service calls.
B. Fire Protection
Currently, the annexation area is under the jurisdiction of Brazos County Emergency Services
District No. 1. Upon the effective date of annexation, the College Station Fire Department will
provide fire protection, including response to emergency calls for assistance, fire prevention
education, pre-fire planning, and target hazard inspections. In general, the Fire Department’s goal
is to provide a fire response time of five minutes or less.
Construction and development activities undertaken after the effective date of annexation shall
comply with all building, life safety and fire safety codes of the City of College Station.
C. Emergency Medical Services
Currently, the annexation area is under the jurisdiction of Brazos County Emergency Services
District No. 1. Upon the effective date of annexation, the College Station Fire Department will
provide emergency medical services (EMS). Each Fire Department ambulance, engine, and ladder
truck is capable of providing EMS, including defibrillation, medical administration, IV therapy,
advanced airway management, and initial treatment of injuries. In general, the Fire Department’s
goal is to provide an EMS response time of five minutes or less.
D. Solid Waste Collection
The annexation area is currently vacant and not provided with solid waste service. Upon the
effective date of annexation, the College Station Public Works Department will provide fee-based
solid waste collection service for future residential and/or commercial customers.
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Residential Service – Residential solid waste collection (including brush and bulk items) is
provided once per week. All residential service will be provided at a point of collection adjacent
to, and accessible from, a public right-of-way or an improved surface acceptable to the City.
Residential solid waste collection vehicles will not conduct operations on private property.
However, residential service may be provided on private streets that comply with the Sanitation
Division’s requirements for surface material, vehicle clearance and turning radii. In the case of
multiple residences located on a privately owned road or drive, the City may require the
establishment of a mass collection point at an area adjacent to the nearest public right-of-way. The
City will provide residential solid waste containers.
Commercial Service - Containers and collection points may be located on private property,
provided that it can be easily accessed from a public right of way, and both the route of access and
the collection point meet the Sanitation Division’s requirements for approved surfaces, vehicle
clearance and turning radii. The City will provide standard commercial containers.
In order to secure solid waste collection services in the annexed areas, each property owner must
establish a utility account with the City of College Station. The City will not be responsible for
damage to private drives, streets, or parking areas by service trucks servicing containers.
E. Water and Wastewater Facilities
The City of College Station will provide water and wastewater service to areas that are not located
within the certificated service territory of another utility through existing facilities located within
or adjacent to the area. The annexation area is within the certificated water service territory of
Wellborn Special Utility District (WSUD), therefore, water service will be provided by WSUD.
The annexation area is currently not provided with wastewater service. The level of wastewater
service, infrastructure and infrastructure maintenance provided in the annexed area will be
comparable to the level of services, infrastructure and infrastructure maintenance available in
other parts of the City before annexation with topography, land use, and population density
similar to those reasonably contemplated or projected in the area. Municipal services to be
provided within the annexed area may be provided by any of the methods in which the City
provides services to other comparable areas.
F. Roads and Streets
There are no roads or street included in the annexation area.
G. Parks and Recreation Facilities
There are no public parks, playgrounds or swimming pools in the area proposed for annexation.
H. Other Publicly Owned Buildings and Facilities
The City of College Station is not aware of the existence of any publicly owned buildings in the
area proposed for annexation.
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Additional Services
A. Building Permitting and Inspections
Currently, there is no permitting and inspection authority for the annexation area. Upon the
effective date of annexation, the City will provide building permits and inspection services. This
service will be made available to the annexed areas on the same basis and at the same level of
service as similar facilities throughout the City. Service is provided on a “cost recovery” basis,
and permit fees partially offset the costs of services delivered. Construction activities underway
prior to annexation may continue provided that all construction after annexation must comply
with City codes and ordinances.
All permits required by City codes and ordinances must be obtained for construction underway at
the time of annexation.
B. Planning and Development Services
Currently, there is no planning authority for the annexation area. Upon the effective date of
annexation, planning and development services will be provided through the administration of the
Unified Development Ordinance and the Subdivision Regulations, Chapter 9 of the College
Station Code of Ordinances.
Upon the effective date of annexation, the property will be zoned A-O (Agricultural Open). The
City's Comprehensive Plan will be used as the basis for evaluating rezoning requests after the
property is annexed.
C. Animal Control
The Police Department will provide animal control service upon the effective date of annexation.
Animal control services include response and investigation of reported animal bites, response to
reports of stray or “at large” animals, and response and investigation of animal cruelty and neglect
reports.
D. Community Enhancement
The Fire Department will provide Community Enhancement services upon the effective date of
annexation. Community Enhancement services include response and investigation of sanitation
issues, illegal signs, abandoned or inoperable motor vehicles, and zoning violations.
E. Recycling Collection
For residential customers electing solid waste collection from the City of College Station, curbside
recycling collection is also provided once per week. Items accepted in the curbside recycling
program include:
· Newspapers and magazines
· Aluminum and steel food cans
· Clear and brown glass
· Plastic bottles
· Lead acid car batteries
.
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IV. WATER AND WASTEWATER SERVICE PROVISION
This Water and Wastewater Service Plan (“Plan”) provides a program under which the City of College
Station will provide full municipal services to the annexed area. For the purpose of this plan, “full
municipal services” includes water and sewer services provided by the City within its full-purpose
boundaries. The level of water and sewer service, infrastructure and infrastructure maintenance
provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure
maintenance available in other parts of the City before annexation with topography, land use, and
population density similar to those reasonably contemplated or projected in the area. Municipal services
to be provided within the annexed area may be any of the methods by which the City provides services to
other comparable areas. All services will be provided within the time provided in TEXAS LOCAL
GOVERNMENT CODE SEC. 43.056(B). The City may extend facilities under this plan or otherwise serve
this area through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL
GOVERNMENT CODE.
Water and Wastewater facilities for future development that increases densities beyond the capital
improvements specified in this plan will be extended in accordance with the City’s Water and
Wastewater policy in existence at the time of development. The water and wastewater extension policy
is discussed in Section V, Water and Wastewater Capital Improvements. In general, the policy for
extension of utility service is “development driven” in that utility line extensions are typically installed
by developers, in conjunction with major development projects. The City may accept ownership and
maintenance of major facilities, such as gravity sewer lines, manholes, lift stations and/or wastewater
package plants, as required by the particular development. The City may elect to pay for upgrades or
oversize of infrastructure projects being installed by developers. As an area develops, developers or
homeowners extend water distribution and wastewater collection lines to individual lots.
Until an area becomes densely populated, the cost of utility extension is not feasible to be borne by a few
lot owners. Also, in the case of wastewater treatment, developments with large lots will normally be
constructed with on-site sewage facilities that are privately owned and operated.
Water
Water service in the annexation area is currently within the water service territory of WSUD. The
City of College Station does not have the right to serve areas outside of our CCN, therefore, no
water infrastructure will be provided to the annexation area following annexation.
Wastewater
Currently, there is no wastewater service to the proposed annexation area. However, at just over
an acre in size, it is large enough to be served by a private on-site sewer facility. The City of
College Station recently extended the Steeplechase sewer line across Rock Prairie Road West, near
I&GN Road and future development in the annexation area may access the existing public sewer
line through a combination of gravity lines and/or force mains. Exhibit “A” illustrates this sewer
service line.
As in other areas of College Station with similar topography, land use, and population density, the
annexation area could be served by a private sewer treatment system. However, at the owner’s
expense, the existing public sewer line on Rock Prairie Road West may also be utilized.
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V. CAPITAL IMPROVEMENTS
Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy
an impact fee to the properties annexed according to Chapter 395 of the Texas Local Government Code
and the City's Code of Ordinances. The City may, from time to time, include construction of new,
expanded or replacement facilities in its Capital Improvements Program (CIP). Facilities to be included
in the CIP shall be determined on a City-wide basis. Priorities shall be established by the CIP plans of
the City, projected growth trends, and the City Council through its development plans and policies.
A. Police Protection (including animal control)
Police protection will be provided to the annexed areas through existing City facilities at a level of
service comparable to the level of service in other parts of the City before annexation with
topography, land use and population density similar to those reasonable contemplated or projected in
the area. It is anticipated that the implementation of police patrol activities can be effectively
accommodated within the current budget and staff appropriation.
B. Fire Protection (including EMS and Community Enhancement)
Fire protection will be provided to the annexed areas through existing City facilities and mutual aid
agreements at a level of service comparable to the level of service in other parts of the City before
annexation with topography, land use and population density similar to those reasonable
contemplated or projected in the area. It is anticipated that fire protection activities can be effectively
provided within the current budget and staff appropriation.
C. Solid Waste Collection
Solid waste collection services will be provided to the annexed areas through the City's existing
facilities or through franchise agreements with private services at a level of service comparable to
the level of service in other parts of the City before annexation with topography, land use and
population density similar to those reasonable contemplated or projected in the area. It is anticipated
that solid waste collection can be effectively accommodated within the current budget and staff
appropriation.
D. Maintenance of Public Roads and Streets
N/A – Roads and/or streets are not part of the annexation area.
E. Parks, Playgrounds and Swimming Pools
Parks and recreation services will be provided through the existing facilities at a level of service not
less than exists in the area immediately preceding annexation.
Additional park development in the annexed areas will be addressed through the development
standards and procedures of the City as residential development occurs. Such park development
includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance
with the City of College Station Subdivision Regulations.
F. Other Public Building and Facilities
N/A - Public buildings and facilities are not included in the annexation area.
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WATER AND WASTEWATER CAPITAL IMPROVEMENTS
The water and wastewater utility extension policy of the City of College Station is as follows:
The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat, or land
development shall be borne by the owner or developer of the lot, tract, plat, or land by direct installation
or through the use of Impact Fees. Where such extension is consistent with plans for the development of
the City and its utility system the City may, by decision of the City Council, participate in the cost of
construction so as to provide for additional capacity for the overall development of an area.
The cost of water and wastewater facilities necessary to serve existing lots or new development within a
subdivision plat or land development shall be borne by the lot owner or developer of the plat or land by
direct installation or through the use of Impact Fees. Standard tap fees or other installation fees in effect
on a citywide basis are in addition to impact fees levied.
ANNEXATION AREA
Water
The annexation is located within the water CCN service territory of WSUD. No water
infrastructure will be provided to this area after annexation. Properties located within the water
CCN service territory of WSUD will continue to be served by WSUD after annexation.
Wastewater
The property within the annexation area is not currently served by sewer (private or public).
Future development on the property may utilize a private on-site sewer treatment system or access
the public sewer line in a manner consistent with the City’s utility extension policy.
VI. LEVEL OF SERVICES TO BE PROVIDED
It is the intent of the City of College Station to provide the level of services required by State law. The
City Council finds and determines that the services, infrastructure and infrastructure maintenance
proposed by this plan are comparable to that provided to other parts of the City with topography, land
use, and population density reasonably similar to the annexed area and will not reduce the level of
services available to the territory prior to annexation.
Nothing in this plan shall require the City to provide a uniform level of full municipal services to each
area of the City, including the annexed area, if different characteristics of topography, land use, and
population density are considered a sufficient basis for providing different levels of service.
VII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the
discretion of City Council.
VIII. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council
may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to
the TEXAS LOCAL GOVERNMENT CODE, Section 43.056 (Vernon 1999 and Vernon Supp. 2007).
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APPENDIX
Exhibit “A”
147
Zoning Distr icts
A – O A gric ultural OpenA – OR Rural Resi dential Subdi visionR – 1 Singl e Family Residenti alR - 1B Single Family ResidentialR – 2 Dupl ex Residenti al
WPC Wolf P en Creek Dev. CorridorNG – 1 Core NorthgateNG – 2 Transiti onal NorthgateNG – 3 Resi denti al NorthgateOV Corri dor O verl ayRDD Redevel opment Dis tri ctKO Krenek Tap Overlay
C – 3 Light CommercialM – 1 Light IndustrialM – 2 Heavy IndustrialC – U Col lege and UniversityR & D Researc h and Devel opmentP-MUD P lanned Mixed-Use Dev elopmentPDD Planned Development Dis tric t
R – 3 Townhous eR – 4 Multi-Fami lyR – 6 High Dens ity Mul ti-Famil yR – 7 Manufactured Home ParkA – P Administrative/Profess ionalC – 1 General Commerci alC – 2 Commercial-Industrial
148
August 18, 2008
Regular Agenda Item No. 4
Oakland Ridge Comprehensive Plan Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending the Comprehensive Land Use Plan for 39.873 acres from Rural
Residential to Single-Family Residential, Medium Density, Single-Family Residential, High
Density, Residential Attached and Planned Development for commercial and office uses for
the property located at 11800 Jones Butler Road generally located on Jones Butler Road
near Cain Road.
Recommendation(s): The Planning and Zoning Commission unanimously
recommended approval of the request at their July 17, 2008 meeting. Staff also
recommended approval.
Summary:
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: The subject
property began developing in 2006 under ETJ regulations with an approved Master Plan
for single-family detached, townhome, multi-family, and commercial uses. The property
was annexed in 2008, and is requesting a Comprehensive Plan amendment in order to
pursue a rezoning that reflects the uses that were approved on the Master Plan in 2006.
The applicant feels that the expected increase of population in the general area
surrounding the property warrants the need for a planned development portion to
accommodate possible future commercial development.
2. Compatibility with the remainder of the Comprehensive Plan: The area
immediately surrounding the subject tract has developed for duplex development (Las
Palomas) and urban density single-family residential and townhomes have also been
approved in the area for Great Oaks Subdivision and further south on Cain Road. These
uses are not compatible with the overall rural residential character of the area which the
Comprehensive Plan projects at the City's edge, but is consistent with the
Comprehensive Plan Land Use Plan amendments that have recently been approved in
the area.
Budget & Financial Summary: N/A
Attachments:
1. Item Background
2. Draft Minutes, Planning and Zoning Commission, July 17, 2008
3. Ordinance
149
ITEM BACKGROUND
NOTIFICATIONS
Advertised Commission Hearing Date: July 17, 2008
Advertised Council Hearing Dates: August 14, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 0
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Rural Residential A-O Agricultural
South Rural Residential A-O Las Palomas -
duplexes
East Major Collector N/A - Thoroughfare Jones-Butler Road
West Single- Family
Medium Density R-1B Great Oaks - vacant
DEVELOPMENT HISTORY
Annexation: March 2008
Zoning: A-O, Agricultural Open
Final Plat: Approved by the Planning and Zoning Commission on 11/01/2007,
but has not been filed for record
Site development: vacant
150
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, July 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer,
Doug Slack and Thomas Woodfin
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: Larry Stewart
CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Lindsay Boyer,
Staff Planners Jason Schubert and Lauren Hovde, Assistant City Engineer Josh Norton,
Senior Assistant City Engineer Carol Cotter, City Engineer Alan Gibbs, 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
1. Call Meeting to Order.
Chairman John Nichols called the meeting to order at 7:12 p.m.
2. Public hearing, presentation, possible action, and discussion regarding an
amendment to the Comprehensive Land Use Plan, from Rural Residential to
Single Family Residential Medium Density, Single Family Residential High
Density, Residential Attached, and Planned Development for a mix of commercial
uses, for 39.873 acres located off Jones-Butler Road and near Cain Road, adjacent
to the Las Palomas Subdivision. Case #08-00500130 (LB)
Lindsay Boyer, Senior Planner, presented the Comprehensive Plan Amendment
and recommended approval.
Commissioner Stearns asked if there were issues of connectivity onto Jones
Butler Road and if there were buffer requirements between the different uses.
Ms. Boyer stated that there were two access points onto Jones Butler Road that
meet spacing requirements and a buffer was not required because of the Right-of-
Way on the preliminary plat that separates all three uses.
151
Chairman Nichols asked why the applicant chose a PDD zoning rather than C-1,
General Commercial.
Chairman Nichols opened the public hearing.
David Borsack, applicant, stated that he chose the PDD zoning because he did not
want uses on the property that C-1, General Commercial allows.
Chairman Nichols closed the public hearing.
Commissioner Bauman motioned to recommend approval of the
Comprehensive Plan Amendment. Commissioner Woodfin seconded the
motion, motion passed (6-0).
152
ORDINANCE NO.
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING THE COMPREHENSIVE LAND USE
PLAN, FOR THE AREA GENERALLY LOCATED ALONG JONES BUTLER NORTH OF
CAIN ROAD AND LAS PALOMAS SUBDIVISION, 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 the "Comprehensive Plan of the City of College Station" be amended by
amending the "Comprehensive Land Use Plan" as set out in Exhibits "A" and "B",
for the identified area 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 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 day of ,2008.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
153
ORDINANCE NO.__________________ Page 2
EXHIBIT "A"
AMENDED AREA OF
COLLEGE STATION LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Land Use Plan Map as follows:
The 39.873 acres generally located at 11800 Jones Butler Road, north of Cain Road and Las
Palomas Subdivision is amended from Rural Residential to Single-Family Residential, Medium
Density, Single-Family Residential, High Density, Residential Attached, and Planned Development
for commercial uses approved with the Oakland Ridge Master Plan, as shown on the attached
Exhibit “B”.
154
ORDINANCE NO.__________________ Page 3
EXHIBIT “B”
155
August 18, 2008
Regular Agenda Item No. 5
Resolution Determining Need
For Bee Creek Greenway Project
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion approving a Resolution
Determining Need that identifies a tract of land needed for the Bee Creek Greenway Project.
Recommendation(s): Staff is recommending that the Resolution be approved, which
will authorize staff to negotiate for the purchase of land needed for this project. Upon
completion of negotiations with the property owner, staff will then present a Real Estate
Contract to Council for further consideration.
Summary: The tract of land identified in the Resolution is located in the flood plain along
Bee Creek Tributary B at the end of Southland Street. The tract is .24 acres. The property
will be used for greenways and for any other municipal purpose, such as hike and bike trails
and utility corridors.
Budget & Financial Summary: The purchase price for the property has not yet been
determined. Funding for the purchase is budgeted and available from the Capital
Improvements budget for Greenways projects.
Attachments:
1. Resolution Determining Need
2. Project Location Map
156
RESOLUTION DETERMINING NEED
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE,
COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT-OF-
WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE Bee Creek
Greenway PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS
FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR
CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE
ACQUISITION OF SUCH INTEREST IN THE PROPERTY.
WHEREAS, the City of College Station, Texas (“City”) is a home rule municipality duly
incorporated and chartered under the Constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs and maintains a greenway
system as a public service in order to provide parks, flood control, wildlife conservation
and bicycle and pedestrian routes; and
WHEREAS, the City’s ownership, operation, construction, repair, and maintenance of
the greenway system is a benefit to the public; and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of
eminent domain to acquire property in order to carry out the ownership, operation,
construction, repair, and maintenance of its greenway system pursuant to Chapter 251 of
the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article
II of the City’s Charter; and
WHEREAS, the City is engaged in the following project regarding improvements and
expansion to the greenway system, the Bee Creek Greenway (the “Project”); and
WHEREAS, the City determines that the best interests and needs of the public, including
the health, safety and welfare of the public, require that the City proceed with the Project,
through the City’s acquisition, by purchase or condemnation proceeding, of the fee
simple interest in real property more fully described in Exhibit A, attached hereto and
incorporated herein by reference for all purposes (the “Property”); now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council of the City of College Station, Texas, hereby
officially determines that there is a public necessity for the Property, and
the public welfare and convenience will be served by the acquisition of the
Property.
157
RESOLUTION NO. ______________ Page 2
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Resolution revised.doc
PART 2: That the City Manager is hereby authorized to contract, on behalf of the
City of College Station, with a professional appraiser for the appraisal
services, with a professional real estate agent to act as a Land Agent for
the City and with attorneys for preparation of title opinions needed by the
City from time to time in connection with acquisition of the Property.
PART 3: That the City’s Land Agent or other staff appraiser is hereby authorized
and directed to examine the independent appraisal reports as they are
submitted to the City to determine whether said appraisal reports are
supported by sufficient data. Based upon such examination of said
appraisal reports, the Land Agent or other staff appraiser shall make a
recommendation to the City Manager as to the establishment and approval
of the amount of the just compensation for the Property.
PART 4: After consideration of said recommendation, the City Manager shall
establish and approve the amount determined for acquisition of the
Property.
PART 5: Upon establishment and approval by the City Manager of the amount of
just compensation for the acquisition of the Property, the City’s Land
Agent, other staff appraiser or contracted real estate agent is authorized to
communicate a written offer to the property owners for the acquisition of
such interest at the full amount determined and established to be just
compensation therefore and to negotiate with said owners on behalf of the
City.
PART 6: That the Mayor after approval by City Council, or the City Manager as
delegated, is hereby authorized to execute all documents necessary to
acquire said Property for the Project, on behalf of the City of College
Station.
PART 7: That, if necessary, and should a property owner fail to accept a bona fide,
good faith offer from the City to purchase the required Property, City
representatives shall have the authority to initiate and complete
condemnation proceedings against said owner, in order to acquire through
condemnation all required property interests and title regarding such
property.
PART 8: That the City Manager be and is hereby authorized to sell any such surplus
improvements, or order the demolition thereof, if any, located on the real
property acquired in connection with this Project.
158
RESOLUTION NO. ______________ Page 3
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PART 9: 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 Carla A. Robinson
VERIFY authenticity with ApproveIt ____________________________
City Attorney
159
RESOLUTION NO. ______________ Page 4
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EXHIBIT “A”
Andy Carlos, Tract
Being Lots 23 and 24, Block 1, Southland Addition, according to the map or Plat hereof
recorded in Volume 134, Page 423, Deed Records of Brazos County, Texas.
Said .24 acres is located in the flood plain of Bee Creek and is generally depicted on
Attachment 1 as Bee Creek Greenway Project – 137 Southland Street and will be more
particularly described by plat and field notes prepared by a Registered Professional Land
Surveyor at a subsequent day and time.
160
161
August 18, 2008
Regular Agenda Item No. 6
Consider Ordinance Issuing of Certificates of Obligation
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion to approve an ordinance
by the City Council of the City of College Station, Texas, issuing $26,440,000 City of College
Station Certificates of Obligation, Series 2008.
Recommendation(s): Council move to approve the attached ordinance to issue
certificates of obligation.
Summary: The City Council is authorized to approve the issuance of certificates of
obligation (COs) after approving a resolution directing notice to be published of the intent to
issue the COs. On July 10, 2008, Council approved a resolution directing staff to advertise
the issuance of COs. On July 11 and 18 such notice was published.
The City of College Station typically issues debt to fund various capital projects identified
and approved as a part of the annual budget. The City primarily uses three types of debt
instruments to fulfill those requirements:
1. General Obligation Bonds (GOBs) are based on the full faith and credit of the City
and are paid primarily through the debt service portion of the ad valorem tax
rate. GOBs are authorized by the voters and therefore the notice is provided in
the election process.
2. Utility Revenue Bonds (URBs) are backed by the revenues of the City's various
utilities and are issued as a business activity. These are typically only issued for
utility capital projects.
3. Certificates of Obligation (COs) normally include at least one additional revenue
stream such as utility revenues, but are considered to be much like GOBs and
therefore normally receive a rating similar to GOBs. Our policy for issuing CO's
allows more flexibility in their issue than GOBs, particularly when other revenues
are anticipated to assist in debt service.
On July 10, the City Council received a presentation from the City's Financial Advisor Drew
Masterson with First Southwest. Mr. Masterson made recommendations regarding issuing
Certificates of Obligation for utility projects rather than Utility Revenue Bonds.
This particular issue will provide resources for municipal facility projects, park projects,
technology projects, cemetery development projects, street projects, electric, water and
wastewater improvements and debt issuance costs totaling $26,440,000.
Budget & Financial Summary: Staff reviewed the impact of the Certificates on the City's
ability to meet debt service requirements and the effect they may have on the ad valorem
tax rate and utility rates. The recommendation to move forward with this issue will not
affect the ad valorem tax rate or the utility rates.
Attachments:
1. Debt Issuance 2008
2. Ordinance available in City Secretary's Office
162
Proposed 2008 Debt Issue
General Obligation Bonds
Northgate Street Rehab 1,304,000$
Sidewalk Improvements 100,000
Hike and Bike Trails 600,000
Barron Road Rehab 1,000,000
Oversize Participation 540,000
Rock Prairie Rd Widening 1,969,000
W.D. Fitch Widening 3,300,000
Streets Total 8,813,000$
New Traffic Signal Projects 502,000
Traffic System Safety Improvements 100,000
Traffic Total 602,000$
Park Improvements 40,000
Parks Total 40,000$
GOB Total 9,455,000$
Certificates of Obligation
New Cemetery Development 6,748,000$
Municipal Facility Improvements 250,000
Wireless Infrastructure 200,000
General Govt Total 7,198,000$
Adamson Pool House 900,000$
Thomas Pool House 330,000
Southwood Athletic Field Lights 197,000
Parks Total 1,427,000$
W.D. Fitch Widening 1,000,000$
Eagle Avenue Extension 800,000
Streets Total 1,800,000$
Electric Meeting/Training Facility 2,250,000$
Electric Distribution Line Extensions & Conversions 1,100,000
Electrical Substation Transformer 1,200,000
Substation Transmission/Distribution 2,150,000
Electric Projects 6,700,000$
College Park/Breezy Heights 1,500,000$
South Knoll/The Glade 1,600,000
Tauber and Stasney 100,000
Land Acquisition - Wells 3,100,000
W. D. Fitch East (Area 6) 600,000
Water Projects 6,900,000$
College Park/Breezy Heights 1,200,000$
South Knoll/The Glade 1,000,000
Wastewater Projects 2,200,000$
Estimated Debt Issuance Costs 215,000$
Certificates of Obligation Total 26,440,000$
163
August 18, 2008
Regular Agenda Item No. 7
Consider Ordinance Issuing General Obligation Bonds
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion to approve an ordinance
by the City Council of the City of College Station, Texas, issuing $9,455,000 City of College
Station General Obligation Bonds, Series 2008.
Recommendation(s): Council move to approve the attached ordinance issuing
general obligation bonds.
Summary: The City Council is authorized to approve the issuance of general obligation
bonds which have been authorized by a vote of the citizens. The Citizens approved a total
of $38,405,000 on November 4, 2003. By approving the ordinance, the Council will issue a
total of $9,455,000 from the 2003 authorization. This is the fifth bond sale from the 2003
bond authorization.
The City of College Station typically issues debt to fund various capital projects identified
and approved as a part of the annual budget. The City primarily uses three types of debt
instruments to fulfill those requirements:
1. General Obligation Bonds (GOBs) are based on the full faith and credit of the City
and are paid primarily through the debt service portion of the ad valorem tax
rate. GOBs are authorized by the voters and therefore the notice is provided in
the election process.
2. Utility Revenue Bonds (URBs) are backed by the revenues of the City's various
utilities and are issued as a business activity. These are typically only issued for
utility capital projects.
3. Certificates of Obligation (COs) normally include at least one additional revenue
stream such as utility revenues, but are considered to be much like GOBs and
therefore normally receive a rating similar to GOBs. Our policy for issuing CO's
allows more flexibility in their issue than GOBs, particularly when other revenues
are anticipated to assist in debt service.
This particular debt issue is planned to provide resources for street projects, traffic signal
projects, sidewalk improvements, hike and bike trails, and parks and recreation
improvements totaling $9,455,000.
Budget & Financial Summary: Staff reviewed the impact of the general obligation bonds
City's ability to meet debt service requirements and the effect they may have on the ad
valorem tax rate. The recommendation to move forward with this issue will not impact the
ad valorem tax rate.
Attachments:
1. Debt Issuance 2008
2. Ordinance available in City Secretary's Office.
164
Proposed 2008 Debt Issue
General Obligation Bonds
Northgate Street Rehab 1,304,000$
Sidewalk Improvements 100,000
Hike and Bike Trails 600,000
Barron Road Rehab 1,000,000
Oversize Participation 540,000
Rock Prairie Rd Widening 1,969,000
W.D. Fitch Widening 3,300,000
Streets Total 8,813,000$
New Traffic Signal Projects 502,000
Traffic System Safety Improvements 100,000
Traffic Total 602,000$
Park Improvements 40,000
Parks Total 40,000$
GOB Total 9,455,000$
Certificates of Obligation
New Cemetery Development 6,748,000$
Municipal Facility Improvements 250,000
Wireless Infrastructure 200,000
General Govt Total 7,198,000$
Adamson Pool House 900,000$
Thomas Pool House 330,000
Southwood Athletic Field Lights 197,000
Parks Total 1,427,000$
W.D. Fitch Widening 1,000,000$
Eagle Avenue Extension 800,000
Streets Total 1,800,000$
Electric Meeting/Training Facility 2,250,000$
Electric Distribution Line Extensions & Conversions 1,100,000
Electrical Substation Transformer 1,200,000
Substation Transmission/Distribution 2,150,000
Electric Projects 6,700,000$
College Park/Breezy Heights 1,500,000$
South Knoll/The Glade 1,600,000
Tauber and Stasney 100,000
Land Acquisition - Wells 3,100,000
W. D. Fitch East (Area 6) 600,000
Water Projects 6,900,000$
College Park/Breezy Heights 1,200,000$
South Knoll/The Glade 1,000,000
Wastewater Projects 2,200,000$
Estimated Debt Issuance Costs 215,000$
Certificates of Obligation Total 26,440,000$
165
August 18, 2008
Regular Agenda Item No. 8
Real Estate Contract with Eddye Vivian Young and Katherine Jackson
for the future extension of Eisenhower Street
To: Glenn Brown, City Manager
From: Bob Cowell, Director Planning Development Services
Agenda Caption: Presentation, possible action, and discussion approving a Real
Estate Contract with Eddye Vivian Young and Katherine Jackson that will authorize
the purchase of real estate needed for the future extension of Eisenhower Street.
Recommendation(s): Staff is recommending that the Real Estate Contract be
approved, which will authorize the Mayor to sign the contract will enable staff to
finalize the real estate transaction.
Summary: In November 2007 the property owners requested that the City amend
the City’s Thoroughfare Plan to remove the identified extension of Eisenhower Street
which crossed the subject property. The stated purpose for this request was to
permit the development of the subject property. City staff and the P&Z Commission
recommended the designation remain. At their meeting on November 19, 2007 the
Council denied the request. Subsequent to the Council action the property owner
initiated discussions with the City to sell the real property. Since that initiation staff
has successfully negotiated the acquisition of the property which totals
approximately 1.22 acres.
Budget & Financial Summary: The purchase price for the property is
$70,000.00. Closing costs and associated expenses should not exceed an additional
$3,000.00. Funds for this project were not included in the FY08 Capital Projects
Budget. However, the funds are available in the Streets Capital Improvement
Projects fund balance. If approved, appropriations in the amount of $73,000.00 will
be included on a future FY08 budget amendment for the purchase of this property.
Attachments:
Project Location Map
Real Estate Contract
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
August 18, 2008
Regular Agenda Item No. 9
2008 Bond Ballot Ordinance
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion of an ordinance calling a
bond election on November 4, 2008 and consideration of a bond election communication
plan.
Recommendation(s): Staff recommends that Council approve the proposed ballot
language.
Summary: The proposed ballot ordinance reflects the seven year bond program plus the
city hall project per direction given to staff by Council on July 10, 2008. The projects listed
in the attachments would be carried out over the next seven years. The following
propositions totaling $110,300,000 are contained in the ordinance.
PROPOSITION NO. 1
$48,775,000 FOR STREET AND TRANSPORTATION IMPROVEMENTS.
PROPOSITION NO. 2
$8,385,000 FOR LIBRARY IMPROVEMENTS.
PROPOSITION NO. 3
$6,993,000 FOR FIRE SAFETY IMPROVEMENTS
PROPOSITION NO. 4
$12,795,000 FOR PARKS OR OTHER RECREATIONAL IMPROVEMENTS
PROPOSITION NO. 5
$7,052,000 FOR CONSTRUCTING AND EQUIPPING A COMMUNITY CENTER
PROPOSITION NO. 6
$26,300,000 FOR CONSTRUCTING AND EQUIPPING A NEW CITY HALL
Propositions 1 through 5 total $84 million. That amount of debt can be issued over a seven
year period without increasing the existing property tax rate. Proposition number 6 calls for
the issuance of $26.3 million in debt which will require an increase of 4.73 cents in the tax
rate.
In addition to the ballot ordinance staff proposes a plan for informing the public about our
bond election. The mission is to provide clear, factual, and lay-friendly information that will
allow voters to make educated choices. Staff will give a brief overview of the proposed
plan.
182
Budget & Financial Summary: Our financial projections also indicate that over a 7-year
period we will be able to issue about $84 million in debt. The dollar amounts included in
each proposition reflect the inflated project estimates.
Attachments:
1. Proposed Bond Projects
2. 2008 Project Schedule
3. Ballot Ordinance
4. Communications Plan
183
PROPOSED 2008 BOND PROJECTS
PROPOSITION NO. 1
· Jones-Butler Phase 1
· Traffic Signals
· Victoria Avenue
· Barron Road Widening Phase 2
· Hike Bike Trail Completion
· Barron Road East*/Lakeway Drive (111)
· Sidewalks
· Rock Prairie West ROW
· Lick Creek Hike and Bike Trail
· University Dr Pedestrian Improvements Phase 2 - 5
$48,775,000 FOR STREET AND TRANSPORTATION IMPROVEMENTS.
PROPOSITION NO. 2
· Library Expansion
$8,385,000 FOR LIBRARY IMPROVEMENTS.
PROPOSITION NO. 3
· Fire Station #6
$6,993,000 FOR FIRE SAFETY IMPROVEMENTS
PROPOSITION NO. 4
· Creekview Neighborhood Park
· Neighborhood Park Improvements
· Lincoln Center Addition
· Central Park Improvements
· Lick Creek Park Trail Completion
· Skate Park
· East Dist Maintenance Shop Replacement
· Neighborhood Parks Revolving Fund
· Lick Creek Park Nature Center
$12,795,000 FOR PARKS OR OTHER RECREATIONAL IMPROVEMENTS
PROPOSITION NO. 5
· Community Center
$7,052,000 FOR CONSTRUCTING AND EQUIPPING A COMMUNITY
CENTER
PROPOSITION NO. 6
· City Hall
$26,300,000 FOR CONSTRUCTING AND EQUIPPING A NEW CITY HALL
184
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8/14/2008 10:35:03 AM Page 1 pcalliham
2008 Bond Election
Voter Education Plans
Purpose and Mission
The purpose of the bond election is to seek voter approval for the city to borrow
money to fund a specific list of items that the City Council and Bond Committee
have determined most important.
The mission is to provide clear, factual, and lay-friendly information that will allow
voters to make educated choices. It should not be the mission of the city to
promote any specific items or groups of items but only to provide all the
information and facts that will allow the voters to make informed choices.
Situational Analysis
The City of College Station held its last bond election in 2003. The results of that
election were that all propositions except one charter amendment passed.
College Station is a very educated college community that generally supports
municipal government referendums when the information they receive is clear,
factual and allows them to make an informed decision. However, as with most
communities, many citizens do not take the time to vote. It is imperative, if elections
are to be considered a true picture of what the community wants, that a broader
range of voters must become informed, feel that the election is important to their
future quality of life, and encouraged to vote.
The challenge will be to:
ü reach all age, ethnic and special interest groups
ü motivate them to become part of the process
ü offer them easy to understand and factual information
ü give them a reason to feel their voice is important
ü a convenient place and time to vote
Voter Education Strategy and Objectives
ü Inform voters projects, with the exception of the City Hall proposition, do not
require tax increase; and educate them on the bonding process and the 5/7
year plan, and the built in inflationary estimates
ü Promote this as a community engagement issue
193
8/14/2008 10:35:03 AM Page 2 pcalliham
ü Develop a team of key staff members to work as a bond election task force
ü Develop a timeline for the process by working backwards from the election
ü Develop a budget for the process
ü Identify an ad hoc group of citizens, to include CIP committee, as potential
focus group and/or key communicators for the bond election
ü Rely primarily on the written brochure, in-house video, and various free
public relations tools to communicate the information.
ü The city will expend funds on a voter education campaign of the projects,
and will not advocate one particular project or set of projects over another
Tactical Programs
ü Identify potential questions by the media and citizen groups
ü Gather the facts, costs and benefits regarding each project item on the
ballot.
ü Develop written brochure
ü Develop short video to help explain the issues and use on Channel 19
ü Develop Web Page that allows all information to be accessed 24-7
ü Utilize Channel 19 and Utility Bill Insert to communicate
ü Offer presentations to public groups and organizations to help explain the
issues and answer questions.
ü Town Hall Meeting with power point presentation
ü Plans for use of social media to include TxAgs, Facebook, MySpace and
UTube.
ü Meet with Eagle Editorial Board
ü Offer Special Editorial to the Eagle
ü Radio and television interviews as deemed appropriate
ü Use of city news hotline and AM radio station
ü Use of Access, e-newsletter
Tentative Timeline
July 15 Draft Communications Plan
Research mail options and report
July 31 Determine budget for the voter education
August 1 Final Plan approval to CMO
Broadcast staff begins gathering footage
August 18, 2008 - Council to approve bond language and
educational plans
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8/14/2008 10:35:03 AM Page 3 pcalliham
August 19 Speakers Bureau begin scheduling for September 15
Aug 25-Sept 22 Bond Brochure draft/approval
Spanish interpretation
Design/Layout
September 11 Brochure draft to City Council
September 15 Video presentation and power point complete
Begin employee education
“Inside College Station” copy due for design
September 23 Brochure to printer
September 25 First cycle of “Inside College Station” resident newsletter
distributed in utility bills
October 10 Brochure mailed
October 15 Town Hall Meeting at Conference Center
October 17 Consider doing Coffee with Mayor on this topic
Oct 10-20 Use of social media options
Town Hall Meeting
Meet with Editorial Board
Meet with KBTX Staff
Talk Radio Interviews
Special to the EAGLE by Mayor
October 20-31 Early Voting
November 4, 2008 - Election Date
Evaluation
In order to measure the success of the current campaign against past efforts, the
voter turnout for the 2003 election was 5.8% of registered voters or 2,273.
Set a goal of a minimum 7% voter turnout for this election.
195
August 18, 2008
Regular Agenda Item No. 10
Wolf Pen Creek Tax Increment Finance Board
Council Member Appointment
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding appointment of
a Council member to serve on the Wolf Pen Creek Tax Increment Finance Board for a two
year term. James Massey resigned from the Board upon his taking the oath of office in
May, 2007.
Attachments:
Membership list
Resignation letter from James Massey
196
Wolf Pen Creek TIF Board
Staff Liaison:
Jeff Kersten
Name Original
Appt.
Address Phone
Sharon Colson
Chairman
(12/09)
1999 1116 Neal Pickett
College Station, TX
77840
845-5611 (W)
Marsha Sanford
Vice Chairman
(12/09)
1999 4603 Shoal Creek
College Station, TX
77845
846-2894 (W)
Marc Chaloupka
CSISD
1999 TAMU Presidential
Conference Center
College Station, TX
77843
862-3488 (W)
Kenny Mallard
County
2003 300 E 26th Street,
Room 116
Bryan, TX 77803
361-4105 (W)
Vacant
Membership
This board was created in December 1988. Each member holds a 2 year term; 3 members
represent the City of College Station appointed by the Council, 1 member from the County
and 1 member are selected by the College Station School Board. The Chairman is
appointed annually by City Council for (1) year term beginning January 1. A Vice
Chairman, Secretary, etc. may be appointed by the Board of Directors. One person may
hold more than one office, except the Chairman shall not hold the office of Secretary.
197
James Massey
3305 Mildonhall Ct
College Station, Texas 77845
(979) 693-1072
May 19, 2007
Ms. Connie Hooks, TRMC, CMC
College Station City Secretary
P.O. Box 9960
College Station, Texas 77842
Dear Connie,
Given my recent election to Place 2 on the City Council, effective at the point of
taking the oath for that position, I respectfully resign my appointed position on the Wolf
Pen Tax Increment Finance Board. I expect that the vote canvassing and the associated
swearing-in ceremony will occur on Tuesday, May 22, 2007.
Please express my gratitude to the Council for appointing me to this position. I
also appreciate the opportunity to serve in this capacity and look forward to the continued
partnership of the Board Members with the Council in support of the growth and
development of this important district of our city.
Sincerely,
James Massey
cc: Mayor and City Council
Ms. Sharon Colson, Chair, Wolf Pen Creek TIF Board
198