The URL can be used to link to this page

Home My WebLink About11/05/2008 - 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 Wednesday, November 05, 2008 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. Brazos Boot Award from City of Bryan Mayor Mark Conlee Texas Municipal League Award recognizing “Coffee with the Mayor” Texas Amateur Athletic Federation Awards and Recognition of David Gerling, Rec Superintendent 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. 1 City Council Regular Meeting Page 2 Wednesday, November 5, 2008 a. Presentation, possible action, and discussion of minutes for the City Council Meetings of Thursday, October 23, 2008; Budget Workshop Meetings, August 20, 2008, August 21, 2008, September 8, 2008; and, Special Meeting September 17, 2008. b. Presentation, possible action, and discussion on approval of the 2008 Property Tax Roll in the amount of $22,074,830.98. c. Presentation, possible action, and discussion regarding renewal of an annual price agreement for Emergency Medical Supplies with Boundtree Medical (previously Tri-anim Health Services) for $34,578.09 and Boundtree Medical for $21,847.01 not to exceed $56,425.10. Boundtree Medical merged with Tri-anim Health Services June 5, 2008. d. Presentation, possible action, and discussion regarding renewal of an annual price agreement with Nafeco Inc., in an amount not to exceed $56,448.00 for fire protective clothing. e. Presentation, discussion and possible action on the renewal agreement with Mustang Rental Services of Texas, Ltd. for the rental of heavy machinery, Bid No. 07-112, for an annual expenditure of $95,000.00. f. Presentation, possible action and discussion of a resolution declaring intention to reimburse certain Twin Oaks Landfill expenditures with proceeds from debt. g. Presentation, possible action and discussion regarding adoption of a resolution awarding contract #08-286 for the Eagle Avenue Extension Project to Brazos Paving in the amount of $790,554.15. h. Presentation, possible action, and discussion on the purchase of an Articulated Landfill Compactor from Mustang Tractor & Equipment to be used by the Brazos Valley Solid Waste Management Agency in the amount of $1,050,000.00. i. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie Road Landfill. j. Presentation, possible action, and discussion on a resolution approving consultant contract #09- 029 with CSC Engineering & Environmental Consultants, Inc. in the amount of $252,000.00 for the Twin Oaks Phase I Construction Project. k. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-030 with CSC Engineering & Environmental Consultants, Inc. in the amount of $60,000.00 for the Twin Oaks Phase I Construction Project. l. Presentation, possible action, and discussion on a resolution approving professional services contract #09-031, with HDR Engineering, Inc in an amount not to exceed $828,840.00 for Twin Oaks Landfill additional design/permitting, bidding and construction phase services. m. Presentation, possible action and discussion on a funding agreement between the City of College Station and the Keep Brazos Beautiful for FY09 in the amount of $60,240. 2 City Council Regular Meeting Page 3 Wednesday, November 5, 2008 n. Presentation, possible action and discussion to approve a funding addendum that will authorize expenditures for the Brazos County Health Department in the amount of $340,885. Regular Agenda Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will recognize you to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 1. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning seven easements located at 1815 Brothers Boulevard. (WalMart). 2. Public hearing, presentation, possible action, and discussion regarding an ordinance to amend Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations, and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO) to remove master plans and amend standards relating to the Extraterritorial jurisdiction, including minimum lot size, minimum lot width, and urban street design. 3. Public Hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 5-E: Special Provisions for Areas of Special Flood Hazard, Section 5-G: Special Provisions for Floodways, and Section 5-H: Special Provisions for Areas of Shallow Flooding. (Zero-Rise Requirement). 4. Public hearing, presentation, possible action, and discussion on an ordinance amending the Land Use Plan element of the Comprehensive Plan from Single-Family Medium Density and Floodplains & Streams to Regional Retail, Office and Residential Attached for 31.19 acres generally located at the northeast corner of William D. Fitch and its future intersection with Victoria Avenue. 5. Public Hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 2: Definitions, Section 5-B: Establishment of Areas of Special Flood Hazard Area, and Section 5-E: Special Provisions for Areas of Special Flood Hazard. 3 City Council Regular Meeting Page 4 Wednesday, November 5, 2008 6. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 20-foot wide public utility easement, which is centered on the lot line between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park, Phase 1 Subdivision according to the plat recorded in Volume 6121, Page 222 of the Deed Records of Brazos County, Texas.. 7. 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 Wednesday, November 05, 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 1st day of November, 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 November 1, 2008 at 2:00 pm and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: __________________________ by ________________________. Dated this _____day of ________________, 2008 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2008. ______________________________ Notary Public – Brazos County, Texas My commission expires: ___________ The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19. 4 November 5, 2008 Consent Agenda Item 2b Approval of the 2008 Property Tax Roll To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on approval of the 2008 Property Tax Roll in the amount of $22,074,830.98. Recommendation(s): Staff recommends approval of the 2008 Property Tax Roll. Summary: Section 26.09 (e) of the Texas Property Tax Code mandates formal approval of the Tax Roll by the Council as the final step in the process of establishing the tax roll for the new year. The Roll consists of the Maintenance and Operations levy and the Interest and Sinking fund levy. This is the tax roll that will be generated by the tax rate of $0.4394 per $100 assessed valuation adopted by the City Council at its September 27, 2008 meeting. Budget & Financial Summary: See above Attachments: 2008 Levy Totals 5 6 November 5, 2008 Consent Agenda Item 2c Annual price agreement for the purchase of EMS supplies. To: Glenn Brown, City Manager From: R. B Alley III, Fire Chief Agenda Caption: Presentation, possible action, and discussion regarding renewal of an annual price agreement for Emergency Medical Supplies with Boundtree Medical (previously Tri-anim Health Services) for $34,578.09 and Boundtree Medical for $21,847.01 not to exceed $56,425.10. Boundtree Medical merged with Tri-anim Health Services June 5, 2008. Recommendation(s): Staff recommends approval of this renewal. Summary: Tri-anim and Boundtree were the two most competitive bidders for the FY2006 annual contract, bid #06-146. This contract was awarded to two vendors to ensure more than one source, to meet the department’s needs, currently these two vendors have merged into one company. EMS supplies are used by first responders to aid in medical care. Department protocols and guidelines by the Texas Department of Health constitute the purchase of supplies that must be available on engines and ambulances. The FY2009 renewal is the second of two optional annual renewals of the FY2006 contract. (P.O. 071200), Tri-anim (P.O. 071201) for Boundtree. This renewal includes an increase of 5% for each purchase order. If this contract were re-bid the contract amount would need to be increased substantially more to compensate for the increase in market prices. Budget & Financial Summary: Funds are budgeted in 001-4253-562-2440 for this expenditure. Funds are budgeted to provide adequate supplies for our department’s current and future needs. Attachments: 1. Renewal Letter – Bid tabulation #06-146 2. Annual Price Agreement and Specifications 3. Renewal Certificate 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 November 5, 2008 Consent Agenda Item 2d Renewal of Annual Price Agreement for fire protective clothing To: Glenn Brown, City Manager From: R. B Alley III, Fire Chief Agenda Caption: Presentation, possible action and discussion regarding the renewal of an annual price agreement with Nafeco, Inc. in an amount not to exceed $56,448.00 for fire protective clothing. Recommendation(s): Staff recommends approval of this renewal. Summary: Nafeco Inc. was the successful bidder for the 2006 annual contract, Bid #06- 126. Fire protective clothing includes bunker gear pants, coats, suspenders and a new NFPA requirement for 2007 drag devices in bunker coats. The 2008 renewal is the second of two optional annual renewals of the 2006 contract. (P.O. 061122) This renewal includes no increase over the last renewal amount; however it is 5% over the original contract. If this contract were re-bid the contract amount would need to be increased substantially to compensate for the increase in market prices. Budget & Financial Summary: Funds are budgeted in 001-4251-562-2550 and 001- 4253-562-2550 for this expenditure. Funds are budgeted to provide each new hire with protective clothing and to provide for annual replacement protective clothing as outlined by the NFPA. Attachments: 1. Renewal Letter 2. Resolution 22 RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE RENEWAL OF THE ANNUAL PRICE AGREEMENT FOR THE PURCHASE OF PROTECTIVE CLOTHING FROM NAFECO, INC. WHEREAS, the City Council of the City of College Station, Texas, is obligated to protect the health, safety and welfare of the population and our emergency response personnel; and WHEREAS, Nafeco, Inc., is authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, the City of College Station City Council approved the FY 2006 annual contract, Bid #06-126, for the purchase of fire protective clothing; and WHEREAS, the FY 2008 renewal is the second of two optional annual renewals of the FY 2006 contract; now, therefore, BE IT RESOLOVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the renewal of the annual price agreement for the purchase of protective clothing from Nafeco, Inc. in an amount not to exceed $56,448.00. PART 2: That the City Council hereby agrees to protect the health, safety and welfare of the population and our emergency response personnel by entering into said 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: 23 E-Signed by Mary Ann Powell VERIFY authenticity with ApproveIt __________________________ City Attorney 24 25 26 27 28 29 30 31 32 33 34 November 5, 2008 Consent Agenda Item 2e Rental of Heavy Machinery Renewal Agreement To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, discussion and possible action on the renewal agreement with Mustang Rental Services of Texas, Ltd. for the rental of heavy machinery, Bid No. 07- 112, for an annual expenditure of $95,000.00. Recommendation(s): Staff recommends approval of the renewal agreement with Mustang Rental Services of Texas, Ltd. for an annual expenditure of $95,000.00. Summary: The City of College Station and the City of Bryan combined their annual requirements for heavy machinery rental and jointly solicited formal bids in 2007. This is the first year of a renewal option with Mustang Rental Services of Texas, Ltd. The City of Bryan will also be renewing at the same prices. The primary pieces of equipment that are rented include excavators, bulldozers, and backhoes in varying sizes depending on the project scope. Occasionally, Water Services will rent water trucks. BVSWMA, Public Works and Water Services are the primary users of this contract. Award of this contract will meet the needs of all city departments requiring the rental of heavy and/or specialized equipment. Budget & Financial Summary: The original contract was awarded by Council October 25, 2007. This is the first renewal term, November 1, 2008 – October 31, 2009. Funds are budgeted and available in General Fund, Public Works and Parks Operations; BVSWMA Fund, Landfill Operations; Public Utilities Fund, Electric/Water/WasteWater Operations. Attachments: Renewal Agreement 35 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid #07-112 for rental of heavy machinery in accordance with all terms and conditions previously agreed to and accepted. I understand this renewal term will be for the period beginning November 1,2008 through October 3 1,2009 MUSTMG RENTAL?SERVICES OF TEXAS, Ltd. &-4k!i& A HO ZED REPRESENTATIVE CITY OF COLLEGE STATION Mayor ATTEST: City Secretary APPROVED: DATE DATE DATE DATE 36 STATE OF TEXAS CORPORATE ACKNOWLEDGMEN' COUNTY OF dd~f I' 5 This instrument was acknowledged on the Ao*day of OC~O b ~f ,2008, in hidher capacity as h m~wnng Amn+n/ .?crv;erc a TEXAS of Texas, L~P State of h STATE OF TEXAS COUNTY OF BRAZOS Cornoration, on behalf of said corporation. - ~bte of Texas ACKNOWLEDGMENT This instrument was acknowledged on the day of 2008, by Ron Silvia, in his capacity as Mayor of the City of College Station, a Texas home-rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas 37 November 5, 2008 Consent Agenda Item 2f Twin Oaks Landfill –Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds From Debt To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action and discussion of a resolution declaring intention to reimburse certain Twin Oaks Landfill expenditures with proceeds from debt. Recommendation(s): Staff recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: On October 23rd Council approved a contract for the construction of the Twin Oaks landfill in Grimes County providing disposal capacity for BVSWMA for an estimated forty years. A portion of the cost of this project will be financed through the issuance of debt. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because a portion of the long term debt has not been issued for the project. This debt is scheduled to be issued later this fiscal year. Budget & Financial Summary: The budget for this phase of construction of the new landfill is $13,957,222. These funds are budgeted as part of projects BV0601, BV0602 and BV0701. Funds in the amount of $4,885,312 will be used for disposal cell construction and will be paid out of the BVSWMA fund balance. The buildings and infrastructure and landfill access in the amount of $8,411,000 will be paid for using certificates of obligation that will be issued later in the fiscal year. Funds in the amount of $660,910 will be available for contingency and or unanticipated change orders. Bryan and College Station will each issue one half of the debt which is issued. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because a portion of the long term debt has not been issued for the project. This debt is scheduled to be issued later this fiscal year. Attachments: 1. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt 38 39 40 41 November 5, 2008 Consent Agenda Item 2g Eagle Avenue Extension Project To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Improvement Department Agenda Caption: Presentation, possible action and discussion regarding adoption of a resolution awarding contract #08-286 for the Eagle Avenue Extension Project to Brazos Paving in the amount of $790,554.15. Recommendation(s): Staff recommends Council adopt this resolution. Summary: The extension of Eagle Avenue from Victoria Avenue to Alexandria Drive. The design has being paid for by a private developer who also dedicated the required Right of Way as part of a development agreement with the City. Construction of the project is the responsibility of the City of College Station. With the opening of the new Creekview Elementary School in August 2009, the extension project will make Eagle Avenue continuous between State Highway 40 and the Highway 6 Frontage Road West. Budget & Financial Summary: Funds in the amount of $825,000 are budgeted for this project in the Streets Capital Improvement Projects Fund. Funds in the amount of $3,520.45 have been expended or committed to date, leaving a balance of $821,479.55 for construction and landscaping. In addition, funds in the amount of $92,000 are budgeted for this project in the Water Capital Improvement Projects Fund for the extension of the water line. No funds for the Water portion of the project have been expended or committed to date. Attachments: 1.) Resolution 2.) Bid #08-97 Bid Tab 3.) Project Location Map 42 RESOLUTION NO._______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE EAGLE AVENUE EXTENSION PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the Eagle Avenue Extension Project; and WHEREAS, the selection of Brazos Paving is being recommended as the lowest responsible bidder for the construction services related to the Eagle Avenue Extension Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that Brazos Paving is the lowest responsible bidder. PART 2: That the City Council hereby approves the contract with Brazos Paving for $790,554.15 for the labor, materials and equipment required for the improvements related the Eagle Avenue Extension Project. PART 3: That the funding for this Contract shall be as budgeted from the Streets Capital Fund, Public Works Division, in the amount of $697,333.90 and from the Water Capital Improvements Fund, Utilities Division, in the amount of $93,220.25 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 43 City Attorney 44 It e m E s t . U n i t U n i t I t e m U n i t I t e m U n i t I t e m U n i t I t e m No . Q u a n . M e a s . D e s c r i p t i o n P r i c e T o t a l P r i c e T o t a l P r i c e T o t a l P r i c e T o t a l Pa v i n g & S i t e w o r k - B a s e B i d ( c o n c r e t e p a v i n g ) 1 1 L S M o b i l i z a t i o n $ 3 9 , 3 0 0 . 0 0 $ 3 9 , 3 0 0 . 0 0 $ 4 9 , 5 0 0 . 0 0 $ 4 9 , 5 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 1 8 , 7 2 2 . 9 6 $ 1 8 , 7 2 2 . 9 6 2 1 L S E x c a v a t i o n / G r a d i n g ( e s t . c u t = 2 6 0 0 c y ) $ 1 6 , 3 0 0 . 0 0 $ 1 6 , 3 0 0 . 0 0 $ 1 6 , 2 5 0 . 0 0 $ 1 6 , 2 5 0 . 0 0 $ 1 0 , 4 0 0 . 0 0 $ 1 0 , 4 0 0 . 0 0 $ 2 9 , 0 4 1 . 9 7 $ 2 9 , 0 4 1 . 9 7 3 8 , 0 2 0 S Y 6 . 5 " C o n c r e t e P a v i n g $ 3 1 . 5 0 $ 2 5 2 , 6 3 0 . 0 0 $ 3 6 . 5 0 $ 2 9 2 , 7 3 0 . 0 0 $ 3 6 . 0 0 $ 2 8 8 , 7 2 0 . 0 0 $ 4 2 . 4 0 $ 3 4 0 , 0 4 8 . 0 0 4 8 , 8 2 7 S Y 8 " L i m e S t a b i l i z a t i o n $ 4 . 5 5 $ 4 0 , 1 6 2 . 8 5 $ 4 . 3 5 $ 3 8 , 3 9 7 . 4 5 $ 4 . 9 7 $ 4 3 , 8 7 0 . 1 9 $ 7 . 9 6 $ 7 0 , 2 6 2 . 9 2 5 4 0 4 S F A DA R a m p ( 4 " c o l o r e d c o n c r e t e , w i t h t r u n k a t e d do m e s ) $8 . 7 5 $ 3 , 5 3 5 . 0 0 $ 1 3 . 5 0 $ 5 , 4 5 4 . 0 0 $ 7 . 0 0 $ 2 , 8 2 8 . 0 0 $ 1 2 . 9 3 $ 5 , 2 2 3 . 7 2 6 2 1 , 3 3 5 S F S i d e w a l k - 4 " d e p t h $ 3 . 0 0 $ 6 4 , 0 0 5 . 0 0 $ 4 . 4 5 $ 9 4 , 9 4 0 . 7 5 $ 3 . 5 0 $ 7 4 , 6 7 2 . 5 0 $ 3 . 5 6 $ 7 5 , 9 5 2 . 6 0 7 1 , 4 6 0 S F R e m o v e e x i s t i n g a s p h a l t p a v i n g & b a s e m a t e r i a l $ 0 . 6 0 $ 8 7 6 . 0 0 $ 1 . 0 0 $ 1 , 4 6 0 . 0 0 $ 1 . 2 5 $ 1 , 8 2 5 . 0 0 $ 0 . 9 8 $ 1 , 4 3 0 . 8 0 8 1 6 S F R e m o v e e x i s t i n g s i d e w a l k $ 7 . 0 0 $ 1 1 2 . 0 0 $ 1 . 0 0 $ 1 6 . 0 0 $ 5 . 0 0 $ 8 0 . 0 0 $ 9 . 4 1 $ 1 5 0 . 5 6 9 9 2 L F R e m o v e e x i s t i n g c u r b & g u t t e r $ 5 . 7 5 $ 5 2 9 . 0 0 $ 3 . 0 0 $ 2 7 6 . 0 0 $ 1 0 . 0 0 $ 9 2 0 . 0 0 $ 9 . 7 1 $ 8 9 3 . 3 2 Su b T o t a l P a v i n g & S i t e w o r k ( B a s e B i d ) $ 4 1 7 , 4 4 9 . 8 5 $ 4 9 9 , 0 2 4 . 2 0 $ 4 6 3 , 3 1 5 . 6 9 $ 5 4 1 , 7 2 6 . 8 5 Pa v i n g & S i t e w o r k - A l t e r n a t e ( a s p h a l t p a v e m e n t ) 1 1 L S M o b i l i z a t i o n $ 3 9 , 3 0 0 . 0 0 0 $ 3 9 , 3 0 0 . 0 0 $ 4 9 , 5 0 0 . 0 0 $ 4 9 , 5 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 2 1 , 7 3 4 . 9 3 $ 2 1 , 7 3 4 . 9 3 2 1 L S E x c a v a t i o n / G r a d i n g ( e s t . c u t = 2 6 0 0 c y ) $ 1 5 , 5 0 0 . 0 0 $ 1 5 , 5 0 0 . 0 0 $ 1 6 , 2 5 0 . 0 0 $ 1 6 , 2 5 0 . 0 0 $ 1 0 , 4 0 0 . 0 0 $ 1 0 , 4 0 0 . 0 0 $ 2 9 , 0 4 1 . 9 7 $ 2 9 , 0 4 1 . 9 7 3A 6 , 9 9 8 S Y B a s e M a t e r i a l - 8 " d e p t h $ 1 2 . 1 5 $ 8 5 , 0 2 5 . 7 0 $ 1 3 . 2 0 $ 9 2 , 3 7 3 . 6 0 $ 1 1 . 8 4 $ 8 2 , 8 5 6 . 3 2 $ 1 5 . 1 6 $ 1 0 6 , 0 8 9 . 6 8 3B 6 , 9 9 8 S Y A s p h a l t P a v i n g - 2 " d e p t h $ 1 1 . 5 0 $ 8 0 , 4 7 7 . 0 0 $ 1 0 . 7 0 $ 7 4 , 8 7 8 . 6 0 $ 1 2 . 4 7 $ 8 7 , 2 6 5 . 0 6 $ 1 4 . 1 1 $ 9 8 , 7 4 1 . 7 8 3C 3 , 4 6 3 L F C o n c r e t e C u r b a n d G u t t e r ( a l l t y p e s ) $ 1 2 . 0 0 $ 4 1 , 5 5 6 . 0 0 $ 1 2 . 0 0 $ 4 1 , 5 5 6 . 0 0 $ 1 1 . 5 0 $ 3 9 , 8 2 4 . 5 0 $ 1 2 . 2 8 $ 4 2 , 5 2 5 . 6 4 3D 2 6 6 S Y C o n c r e t e A p r o n - 6 . 5 " D e p t h $ 3 6 . 0 0 $ 9 , 5 7 6 . 0 0 $ 4 6 . 0 0 $ 1 2 , 2 3 6 . 0 0 $ 4 5 . 0 0 $ 1 1 , 9 7 0 . 0 0 $ 4 4 . 9 7 $ 1 1 , 9 6 2 . 0 2 4 8 , 8 2 7 S Y 8 " L i m e S t a b i l i z a t i o n $ 4 . 5 0 $ 3 9 , 7 2 1 . 5 0 $ 4 . 3 5 $ 3 8 , 3 9 7 . 4 5 $ 4 . 9 7 $ 4 3 , 8 7 0 . 1 9 $ 7 . 8 0 $ 6 8 , 8 5 0 . 6 0 5 4 0 4 S F A DA R a m p ( 4 " c o l o r e d c o n c r e t e , w i t h t r u n k a t e d do m e s ) $8 . 7 5 0 $ 3 , 5 3 5 . 0 0 $ 1 3 . 5 0 $ 5 , 4 5 4 . 0 0 $ 7 . 0 0 $ 2 , 8 2 8 . 0 0 $ 1 2 . 9 3 $ 5 , 2 2 3 . 7 2 6 2 1 , 3 3 5 S F S i d e w a l k - 4 " d e p t h $ 3 . 1 0 $ 6 6 , 1 3 8 . 5 0 $ 4 . 4 5 $ 9 4 , 9 4 0 . 7 5 $ 3 . 5 0 $ 7 4 , 6 7 2 . 5 0 $ 3 . 5 5 $ 7 5 , 7 3 9 . 2 5 7 1 , 4 6 0 S F R e m o v e e x i s t i n g a s p h a l t p a v i n g & b a s e m a t e r i a l $ 0 . 6 0 $ 8 7 6 . 0 0 $ 1 . 0 0 $ 1 , 4 6 0 . 0 0 $ 1 . 2 5 $ 1 , 8 2 5 . 0 0 $ 0 . 9 8 $ 1 , 4 3 0 . 8 0 8 1 6 S F R e m o v e e x i s t i n g s i d e w a l k $ 7 . 0 0 $ 1 1 2 . 0 0 $ 1 . 0 0 $ 1 6 . 0 0 $ 5 . 0 0 $ 8 0 . 0 0 $ 9 . 4 1 $ 1 5 0 . 5 6 9 9 2 L F R e m o v e e x i s t i n g c u r b & g u t t e r $ 5 . 7 5 $ 5 2 9 . 0 0 $ 3 . 0 0 $ 2 7 6 . 0 0 $ 1 0 . 0 0 $ 9 2 0 . 0 0 $ 9 . 7 1 $ 8 9 3 . 3 2 Su b T o t a l P a v i n g & S i t e w o r k ( A l t e r n a t e B i d ) $ 3 8 2 , 3 4 6 . 7 0 $ 4 2 7 , 3 3 8 . 4 0 $ 3 9 6 , 5 1 1 . 5 7 $ 4 6 2 , 3 8 4 . 2 7 St o r m D r a i n a g e & E r o s i o n S y s t e m s Dudley Construction Kn i f e R i v e r EA G L E A V E N U E E X T E N S I O N BI D T A B U L A T I O N 0 8 - 9 7 Br a z o s P a v i n g Brazos Valley Services 45 It e m E s t . U n i t U n i t I t e m U n i t I t e m U n i t I t e m U n i t I t e m No . Q u a n . M e a s . D e s c r i p t i o n P r i c e T o t a l P r i c e T o t a l P r i c e T o t a l P r i c e T o t a l Pa v i n g & S i t e w o r k - B a s e B i d ( c o n c r e t e p a v i n g ) Dudley Construction Kn i f e R i v e r EA G L E A V E N U E E X T E N S I O N BI D T A B U L A T I O N 0 8 - 9 7 Br a z o s P a v i n g Brazos Valley Services 10 1 L S Ex c a v a t i o n / G r a d i n g ( D r a i n a g e C h a n n e l N o . 1 e s t . c u t = 2 6 0 c y $8 , 2 4 0 . 0 0 $ 8 , 2 4 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 1 , 0 4 0 . 0 0 $ 1 , 0 4 0 . 0 0 $ 3 , 2 0 9 . 9 0 $ 3 , 2 0 9 . 9 0 11 1 L S Ex c a v a t i o n / G r a d i n g ( D r a i n a g e C h a n n e l N o . 2 - 1 1 5 0 cy c u t ) $1 0 , 7 6 5 . 0 0 $ 1 0 , 7 6 5 . 0 0 $ 3 , 6 0 0 . 0 0 $ 3 , 6 0 0 . 0 0 $ 4 , 6 0 0 . 0 0 $ 4 , 6 0 0 . 0 0 $ 1 4 , 1 9 7 . 6 4 $ 1 4 , 1 9 7 . 6 4 12 1 2 4 L F 1 8 " R C P , s t r u c t u r a l b a c k f i l l $ 5 1 . 5 0 $ 6 , 3 8 6 . 0 0 $ 5 0 . 0 0 $ 6 , 2 0 0 . 0 0 $ 5 8 . 0 0 $ 7 , 1 9 2 . 0 0 $ 6 4 . 8 5 $ 8 , 0 4 1 . 4 0 13 1 2 3 L F 3 0 " R C P , s t r u c t u r a l b a c k f i l l $ 7 4 . 0 0 $ 9 , 1 0 2 . 0 0 $ 7 1 . 0 0 $ 8 , 7 3 3 . 0 0 $ 8 4 . 0 0 $ 1 0 , 3 3 2 . 0 0 $ 8 8 . 3 5 $ 1 0 , 8 6 7 . 0 5 14 1 9 9 L F 1 8 " H D P E , s t r u c t u r a l b a c k f i l l $ 4 3 . 0 0 $ 8 , 5 5 7 . 0 0 $ 4 3 . 5 0 $ 8 , 6 5 6 . 5 0 $ 4 4 . 0 0 $ 8 , 7 5 6 . 0 0 $ 4 4 . 4 4 $ 8 , 8 4 3 . 5 6 15 2 2 9 L F 3 0 " H D P E , s t r u c t u r a l b a c k f i l l $ 6 5 . 0 0 0 $ 1 4 , 8 8 5 . 0 0 $ 6 5 . 5 0 $ 1 4 , 9 9 9 . 5 0 $ 6 6 . 0 0 $ 1 5 , 1 1 4 . 0 0 $ 4 1 . 2 6 $ 9 , 4 4 8 . 5 4 16 4 0 L F 3 6 " H D P E , n o n - s t r u c t u r a l b a c k f i l l $ 7 2 . 2 5 $ 2 , 8 9 0 . 0 0 $ 8 0 . 0 0 $ 3 , 2 0 0 . 0 0 $ 7 5 . 0 0 $ 3 , 0 0 0 . 0 0 $ 4 8 . 0 2 $ 1 , 9 2 0 . 8 0 17 3 7 0 L F 5 ' x 3 ' R e i n f o r c e d C o n c r e t e B o x , s t r u c t u r a l b a c k f i l l $ 2 0 6 . 7 0 $ 7 6 , 4 7 9 . 0 0 $ 2 0 0 . 0 0 $ 7 4 , 0 0 0 . 0 0 $ 2 5 5 . 0 0 $ 9 4 , 3 5 0 . 0 0 $ 2 8 4 . 6 0 $ 1 0 5 , 3 0 2 . 0 0 18 1 5 4 L F 6 ' x 3 ' R e i n f o r c e d C o n c r e t e B o x , s t r u c t u a l b a c k f i l l $ 2 4 5 . 5 0 $ 3 7 , 8 0 7 . 0 0 $ 2 5 5 . 0 0 $ 3 9 , 2 7 0 . 0 0 $ 3 0 7 . 0 0 $ 4 7 , 2 7 8 . 0 0 $ 3 7 4 . 4 7 $ 5 7 , 6 6 8 . 3 8 19 8 6 L F 6' x 3 ' R e i n f o r c e d C o n c r e t e B o x , n o n - s t r u c t u r a l b a c k f i l l $2 4 3 . 5 0 $ 2 0 , 9 4 1 . 0 0 $ 2 5 0 . 0 0 $ 2 1 , 5 0 0 . 0 0 $ 3 0 7 . 0 0 $ 2 6 , 4 0 2 . 0 0 $ 3 2 7 . 9 0 $ 2 8 , 1 9 9 . 4 0 20 4 6 L F 7' x 3 ' R e i n f o r c e d C o n c r e t e B o x , s t r u c t u r a l b a c k f i l l $2 7 9 . 9 0 $ 1 2 , 8 7 5 . 4 0 $ 3 2 5 . 0 0 $ 1 4 , 9 5 0 . 0 0 $ 3 7 7 . 0 0 $ 1 7 , 3 4 2 . 0 0 $ 4 3 2 . 7 3 $ 1 9 , 9 0 5 . 5 8 21 3 1 L F 7' x 3 ' R e i n f o r c e d C o n c r e t e B o x , n o n - s t r u c t u r a l b a c k f i l l $2 8 5 . 1 0 $ 8 , 8 3 8 . 1 0 $ 3 2 0 . 0 0 $ 9 , 9 2 0 . 0 0 $ 3 7 7 . 0 0 $ 1 1 , 6 8 7 . 0 0 $ 4 2 8 . 7 9 $ 1 3 , 2 9 2 . 4 9 22 6 E A 2 2 ' R e c e s s e d I n l e t $ 3 , 6 7 6 . 0 0 $ 2 2 , 0 5 6 . 0 0 $ 3 , 4 0 0 . 0 0 $ 2 0 , 4 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $ 2 1 , 0 0 0 . 0 0 $ 3 , 5 6 0 . 9 1 $ 2 1 , 3 6 5 . 4 6 23 4 E A S t d . J u n c t i o n B o x $ 3 , 8 4 0 . 0 0 $ 1 5 , 3 6 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 1 6 , 0 0 0 . 0 0 $ 2 , 1 8 8 . 3 7 $ 8 , 7 5 3 . 4 8 24 2 E A H e a d w a l l f o r 6 ' x 3 ' R C B C $ 3 , 0 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 4 , 3 0 0 . 0 0 $ 8 , 6 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $ 6 , 3 4 4 . 5 3 $ 1 2 , 6 8 9 . 0 6 25 2 E A T e m p . P l u g f o r 5 ' x 3 ' R e i n f o r c e d C o n c r e t e B o x $ 4 0 0 . 0 0 $ 8 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 8 , 0 0 0 . 0 0 $ 1 5 0 . 0 0 $ 3 0 0 . 0 0 $ 2 9 3 . 9 5 $ 5 8 7 . 9 0 26 2 E A T e m p . P l u g f o r 3 6 " H D P E $ 3 5 0 . 0 0 $ 7 0 0 . 0 0 $ 3 2 0 . 0 0 $ 6 4 0 . 0 0 $ 1 0 0 . 0 0 $ 2 0 0 . 0 0 $ 2 1 9 . 4 8 $ 4 3 8 . 9 6 27 1 , 9 3 3 L F S i l t F e n c e $ 2 . 2 5 $ 4 , 3 4 9 . 2 5 $ 1 . 7 5 $ 3 , 3 8 2 . 7 5 $ 3 . 0 0 $ 5 , 7 9 9 . 0 0 $ 1 . 8 8 $ 3 , 6 3 4 . 0 4 28 4 E A Ha y B a l e C h e c k D a m $8 0 . 0 0 $ 3 2 0 . 0 0 $ 8 2 . 0 0 $ 3 2 8 . 0 0 $ 2 5 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 8 8 . 1 8 $ 3 5 2 . 7 2 29 1 , 2 6 0 S F Ro c k R i p R a p $3 . 8 0 $ 4 , 7 8 8 . 0 0 $ 6 . 0 0 $ 7 , 5 6 0 . 0 0 $ 5 . 0 0 $ 6 , 3 0 0 . 0 0 $ 6 . 7 7 $ 8 , 5 3 0 . 2 0 30 3 , 8 6 1 S Y H y d r o m u l c h S e e d i n g $ 0 . 4 0 $ 1 , 5 4 4 . 4 0 $ 0 . 4 0 $ 1 , 5 4 4 . 4 0 $ 0 . 6 0 $ 2 , 3 1 6 . 6 0 $ 0 . 3 7 $ 1 , 4 2 8 . 5 7 31 6 3 8 S Y E r o s i o n C o n t r o l B l a n k e t ( C u r l e x I I D o u b l e N e t ) $ 1 . 7 5 $ 1 , 1 1 6 . 5 0 $ 1 . 8 0 $ 1 , 1 4 8 . 4 0 $ 5 . 0 0 $ 3 , 1 9 0 . 0 0 $ 1 . 9 4 $ 1 , 2 3 7 . 7 2 32 1 E A C o n s t r u c t i o n E x i t $ 2 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 1 , 1 5 0 . 0 0 $ 1 , 1 5 0 . 0 0 $ 1 , 8 0 0 . 0 0 $ 1 , 8 0 0 . 0 0 $ 2 , 9 3 9 . 4 7 $ 2 , 9 3 9 . 4 7 33 1 , 4 0 2 L F T V I n s p e c t i o n $ 2 . 2 0 $ 3 , 0 8 4 . 4 0 $ 2 . 7 5 $ 3 , 8 5 5 . 5 0 $ 3 . 0 0 $ 4 , 2 0 6 . 0 0 $ 4 . 8 2 $ 6 , 7 5 7 . 6 4 Su b T o t a l S t o r m D r a i n a g e & E r o s i o n C o n t r o l S y s t e m s $ 2 7 9 , 8 8 4 . 0 5 $ 2 7 5 , 1 3 8 . 0 5 $ 3 1 5 , 2 0 4 . 6 0 $ 3 4 9 , 6 1 1 . 9 6 Wa t e r S y s t e m 34 5 6 5 L F 8 " W a t e r P V C C L 2 0 0 C 9 0 9 ) - s t r u c t u r a l b a c k f i l l $ 2 7 . 4 0 $ 1 5 , 4 8 1 . 0 0 $ 2 0 . 3 5 $ 1 1 , 4 9 7 . 7 5 $ 2 3 . 2 5 $ 1 3 , 1 3 6 . 2 5 $ 2 7 . 6 0 $ 1 5 , 5 9 4 . 0 0 35 2 5 L F 8" W a t e r P V C C L 2 0 0 ( C 9 0 9 ) - n o n - s t r u c t u r a l b a c k f i l l $2 6 . 6 0 $ 6 6 5 . 0 0 $ 2 1 . 7 5 $ 5 4 3 . 7 5 $ 1 6 . 7 5 $ 4 1 8 . 7 5 $ 3 8 6 . 5 5 $ 9 , 6 6 3 . 7 5 36 8 1 8 L F 12 " W a t e r P V C C L 2 0 0 ( c 9 0 9 ) - s t r u c t u r a l b a c k f i l l $4 0 . 0 0 $ 3 2 , 7 2 0 . 0 0 $ 3 1 . 0 0 $ 2 5 , 3 5 8 . 0 0 $ 3 5 . 0 0 $ 2 8 , 6 3 0 . 0 0 $ 2 6 . 5 3 $ 2 1 , 7 0 1 . 5 4 37 5 5 5 L F 12 " W a t e r P V C C L 2 0 0 ( c 9 0 9 ) - n o n - s t r u c t u t a l b a c k f i l l $3 7 . 1 5 $ 2 0 , 6 1 8 . 2 5 $ 3 0 . 5 0 $ 1 6 , 9 2 7 . 5 0 $ 2 8 . 5 0 $ 1 5 , 8 1 7 . 5 0 $ 1 6 . 7 7 $ 9 , 3 0 7 . 3 5 38 2 E A hy d r a n t $2 , 8 0 0 . 0 0 $ 5 , 6 0 0 . 0 0 $ 3 , 3 0 0 . 0 0 $ 6 , 6 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $ 7 , 0 0 0 . 0 0 $ 3 , 0 7 9 . 7 4 $ 6 , 1 5 9 . 4 8 43 1 E A 8 " x * " M J T e e $ 4 7 5 . 0 0 $ 4 7 5 . 0 0 $ 1 , 1 0 0 . 0 0 $ 1 , 1 0 0 . 0 0 $ 4 5 0 . 0 0 $ 4 5 0 . 0 0 $ 3 9 8 . 1 8 $ 3 9 8 . 1 8 44 1 E A 1 2 " x 2 2 . 5 d e g r e e M J B e n d $ 4 8 0 . 0 0 $ 4 8 0 . 0 0 $ 5 3 0 . 0 0 $ 5 3 0 . 0 0 $ 5 2 5 . 0 0 $ 5 2 5 . 0 0 $ 5 0 3 . 7 4 $ 5 0 3 . 7 4 45 3 E A 1 2 " x 1 1 . 2 5 d e g r e e M J B e n d $ 4 8 0 . 0 0 $ 1 , 4 4 0 . 0 0 $ 5 3 0 . 0 0 $ 1 , 5 9 0 . 0 0 $ 5 2 5 . 0 0 $ 1 , 5 7 5 . 0 0 $ 5 0 3 . 7 4 $ 1 , 5 1 1 . 2 2 46 1 E A 1 2 " x 8 " M J R e d u c e r $ 4 7 5 . 0 0 $ 4 7 5 . 0 0 $ 4 7 0 . 0 0 $ 4 7 0 . 0 0 $ 4 2 5 . 0 0 $ 4 2 5 . 0 0 $ 5 0 3 . 7 4 $ 5 0 3 . 7 4 46 It e m E s t . U n i t U n i t I t e m U n i t I t e m U n i t I t e m U n i t I t e m No . Q u a n . M e a s . D e s c r i p t i o n P r i c e T o t a l P r i c e T o t a l P r i c e T o t a l P r i c e T o t a l Pa v i n g & S i t e w o r k - B a s e B i d ( c o n c r e t e p a v i n g ) Dudley Construction Kn i f e R i v e r EA G L E A V E N U E E X T E N S I O N BI D T A B U L A T I O N 0 8 - 9 7 Br a z o s P a v i n g Brazos Valley Services 47 2 E A 2 " B l o w O f f A s s e m b l y $ 8 3 5 . 0 0 $ 1 , 6 7 0 . 0 0 $ 6 4 0 . 0 0 $ 1 , 2 8 0 . 0 0 $ 9 5 0 . 0 0 $ 1 , 9 0 0 . 0 0 $ 1 , 4 8 4 . 9 8 $ 2 , 9 6 9 . 9 6 48 1 E A 4 " B l o w O f f A s s e m b l y $ 2 , 0 1 6 . 0 0 $ 2 , 0 1 6 . 0 0 $ 1 , 5 5 0 . 0 0 $ 1 , 5 5 0 . 0 0 $ 1 , 1 8 0 . 0 0 $ 1 , 1 8 0 . 0 0 $ 2 , 0 0 3 . 1 7 $ 2 , 0 0 3 . 1 7 49 2 E A C o n n e c t t o e x i s t i n g w a t e r l i n e $ 1 , 0 7 0 . 0 0 $ 2 , 1 4 0 . 0 0 $ 1 , 6 5 0 . 0 0 $ 3 , 3 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 2 , 4 4 7 . 4 6 $ 4 , 8 9 4 . 9 2 50 5 E A A d j u s t s e w e r m a n h o l e t o p s $ 3 2 0 . 0 0 $ 1 , 6 0 0 . 0 0 $ 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $ 7 5 0 . 0 0 $ 3 , 7 5 0 . 0 0 $ 4 6 3 . 0 5 $ 2 , 3 1 5 . 2 5 Su b T o t a l - W a t e r S y s t e m $ 9 3 , 2 2 0 . 2 5 $ 8 4 , 0 2 7 . 0 0 $ 8 7 , 8 3 2 . 5 0 $ 8 9 , 3 4 8 . 0 5 BA S E B I D Su b t o t a l - P a v i n g & S i t e w o r k ( B a s e B i d ) $ 4 1 7 , 4 4 9 . 8 5 $ 4 9 9 , 0 2 4 . 2 0 $ 4 6 3 , 3 1 5 . 6 9 $ 5 4 1 , 7 2 6 . 8 5 Su b t o t a l - S t o r m D r a i n a g e & E r o s i o n C o n t r o l S y s t e m s $ 2 7 9 , 8 8 4 . 0 5 $ 2 7 5 , 1 3 8 . 0 5 $ 3 1 5 , 2 0 4 . 6 0 $ 3 4 9 , 6 1 1 . 9 6 Su b t o t a l - W a t e r S y s t e m $ 9 3 , 2 2 0 . 2 5 $ 8 4 , 0 2 7 . 0 0 $ 8 7 , 8 3 2 . 5 0 $ 8 9 , 3 4 8 . 0 5 TO T A L C O N S T R U C T I O N C O S T ( B A S E B I D ) $ 7 9 0 , 5 5 4 . 1 5 $ 8 5 8 , 1 8 9 . 2 5 $ 8 6 6 , 3 5 2 . 7 9 $ 9 8 0 , 6 8 6 . 8 6 Su b t o t a l - P a v i n g & S i t e w o r k ( A l t e r n a t e B i d ) $ 3 8 2 , 3 4 6 . 7 0 $ 4 2 7 , 3 3 8 . 4 0 $ 3 9 6 , 5 1 1 . 5 7 $ 4 6 2 , 3 8 4 . 2 7 Su b t o t a l - S t o r m D r a i n a g e & E r o s i o n C o n t r o l S y s t e m $ 2 7 9 , 8 8 4 . 0 5 $ 2 7 5 , 1 3 8 . 0 5 $ 3 1 5 , 2 0 4 . 6 0 $ 3 4 9 , 6 1 1 . 9 6 Su b t o t a l - W a t e r S y s t e m $ 9 3 , 2 2 0 . 2 5 $ 8 4 , 0 2 7 . 0 0 $ 8 7 , 8 3 2 . 5 0 $ 8 9 , 3 4 8 . 0 5 TO T A L C O N S T R U C T I O N C O S T ( A L T E R N A T E B I D ) $ 7 5 5 , 4 5 1 . 0 0 $ 7 8 6 , 5 0 3 . 4 5 $ 7 9 9 , 5 4 8 . 6 7 $ 9 0 1 , 3 4 4 . 2 8 Bi d C e r t i f i c a t i o n Ye s Y e s Y e s Y e s De l i v e r y D a t e 15 0 1 5 0 1 5 0 1 5 0 Bi d B o n d Ye s Y e s Y e s Y e s A dd e n d u m s A c k n o w l e d g e d Ye s Y e s Y e s Y e s AL T E R N A T E B I D 47 B a r r o n R d E a g l e A v e G r a h a m R d L o n g m ire D r D e c a t u r D r L o n g m ire D r Fro nta g e 6 R d W C a r d i n a l L n D o v e L a n d i n g A v e S t a rl in g D r Fro nta g e 6 R d E T u r t l e D o v e T r l B ri d l e C t N e w p ort L n C r y s t a l D o v e A v e W h i t e w i n g L n B r id l e G a t e D r K e r n s t o w n L n P ur ple M a r t i n Cv D o v e T rl B ri d l e T r a il s C t B i r m i n g h a m R d D o v e C ro s sin g L n L o n g m ire D r F r o n t R o y a l D r E m e r a l d D o v e A v e P uffin W ay H a w k O wl C v Mu l l i n s L o o p S W h ite D o v e Trai l P a r r o t C v Lakeshore Ct G old Fin c h Cir J Eagle Avenue Extension Project Location Map 48 November 5, 2008 Consent Agenda Item 2h BVSWMA Articulating Landfill Compactor Purchase To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on the purchase of an Articulated Landfill Compactor from Mustang Tractor & Equipment to be used by the Brazos Valley Solid Waste Management Agency in the amount of $1,050,000.00. Recommendation(s): Staff recommends award to Mustang Tractor & Equipment for the original purchase price of $1,050,000.00. Summary: This purchase is for a diesel powered, articulating frame compactor to be used by the Brazos Valley Solid Waste Management Agency for proper waste compaction. This unit will be an addition to our existing fleet. We are currently utilizing two compactors on a daily basis to achieve compaction. There is no back up machine in the BVSWMA Fleet that can be operated/rotated during equipment downtime for repairs and preventative maintenance services and they are not available for rental. BVSWMA's Site Operating Plan requires a minimum of two (2) compactors operating based on the current waste acceptance rate of 1000 tons/day. Waste disposal rates at the facility in FY08 increased by 20% and the facility is currently averaging well over 1000+ tons/day. To maintain regulatory compliance and effectively manage remaining site life an additional compactor is required. The new compactor purchase will require 6+ months for assembly and delivery. Unit 7370 is scheduled for replacement; however, BVSWMA intends to rebuild 7370 for half the purchase cost of a new machine. The addition of a third machine will be critical for maintaining optimum compaction rates and for the BVSWMA Facilities including the transition to the Twin Oaks Facility in Grimes Co. Vendor Base Bid Mustang Tractor $1,050,000.00. Budget & Financial Summary: This purchase is budgeted in the FY2009 BVSWMA Operating Fund as a service level adjustment. The service level adjustment was approved by the BVSWMA Policy Advisory Board and both the College Station and Bryan City Councils during the FY2009 budget approval process. The quote on this unit was acquired by Mustang Tractor utilizing BuyBoard pricing. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this purchase. As this purchase is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Quote 49 50 November 5, 2008 Consent Agenda Item 2i BVSWMA CSC Testing and Inspecting Contract To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie Road Landfill. Recommendation(s): Staff recommends approval of the resolution approving the testing and inspecting contract with CSC Engineering & Environmental Consultants, Inc. based on their knowledge and previous experience at the Rock Prairie Road Landfill site. Summary: This resolution approving a testing and inspecting contract with CSC Engineering & Environmental Consultants, Inc. will allow the Rock Prairie Road Landfill to maintain regulatory compliance with TCEQ disposal regulations. Groundwater monitoring are tasks to be completed with the contract. Semi-Annual Groundwater Monitoring and testing of all monitoring wells at the facility must be completed twice per year and a written report with the findings of these tests must be submitted to TCEQ for their review and approval. Failure to comply with the requirements of these regulations would place the facility in non- compliance that could warrant administrative action by TCEQ. Budget & Financial Summary: Contract amount is $58,000.00. Funding for this contract is available in the BVSWMA Operating Fund. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this project. As this contract is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Resolution (signed resolution to be provided to Council before the meeting) 51 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SELECTING A TESTING AND INSPECTING CONTRACTOR, APPROVING A TESTING AND INSPECTING SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ROCK PRAIRIE ROAD LANDFILL. WHEREAS, the City of College Station, Texas, solicited a proposal for the Rock Prairie Road Landfill Testing and Inspecting Services; and WHEREAS, the selection of CSC Engineering & Environmental Consultants, Inc. is being recommended as the most highly qualified provider of the Testing and Inspecting Services; 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 CSC Engineering & Environmental Consultants, Inc. is the most highly qualified provider of the services for the Rock Prairie Road Landfill on the basis of demonstrated competence and qualifications. PART 2: That the City Council hereby approves contract #09-028 with CSC Engineering & Environmental Consultants, Inc. for an amount not to exceed $58,000.00 for the Testing and Inspecting Services related to the Rock Prairie Road Landfill. PART 3: That the funding for this project shall be as budgeted from the BVSWMA Operating Fund in the amount of $58,000.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2008. ATTEST: APPROVED: CONNIE HOOKS, City Secretary BEN WHITE, Mayor APPROVED: City Attorney 52 November 5, 2008 Consent Agenda Item 2j BVSWMA CSC Twin Oaks Phase I Consultant Contract To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a resolution approving consultant contract #09-029 with CSC Engineering & Environmental Consultants, Inc. in the amount of $252,000.00 for the Twin Oaks Phase I Construction Project. Recommendation(s): Staff recommends approval of the resolution approving the consultant contract with CSC Engineering & Environmental Consultants, Inc. based on their knowledge and previous experience at the Twin Oaks Landfill site. Summary: This resolution approving a consultant contract with CSC Engineering & Environmental Consultants, Inc. will provide Construction Management Services during the Phase I Twin Oaks construction project. CSC Engineering & Environmental Consultants, Inc will provide onsite construction management services during the bidding and construction phases of the project. The Twin Oaks Landfill construction project will include the development of the initial landfill disposal cell, evaporation pond, scale house, landfill maintenance building, roadways, Alum Creek Bridge, and all associated infrastructure features necessary to open the Type I landfill for the acceptance of municipal solid waste. Additional site development features will include aerated septic systems for domestic wastewater treatment and disposal, domestic water distribution system, communications, security, fencing, interior roadways, and drainage appurtenances. Budget & Financial Summary: Funding for this contract to CSC Engineering & Environmental Consultants, Inc. is available in the BVSWMA Capital Improvements Fund. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this project. As this contract is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Resolution (signed resolution to be provided to Council before the meeting) 53 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SELECTING A CONSULTING CONTRACTOR, APPROVING A CONSULTING SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE TWIN OAKS LANDFILL PROJECT. WHEREAS, the City of College Station, Texas, solicited a proposal for Twin Oaks Landfill Consulting Services; and WHEREAS, the selection of CSC Engineering & Environmental Consultants, Inc. is being recommended as the most highly qualified provider of the Consulting Services; 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 CSC Engineering & Environmental Consultants, Inc. is the most highly qualified provider of the services for the Twin Oaks Landfill Project on the basis of demonstrated competence and qualifications. PART 2: That the City Council hereby approves contract #09-029 with CSC Engineering & Environmental Consultants, Inc. for an amount not to exceed $252,000.00 for the Consulting Services related to the Twin Oaks Landfill Project. PART 3: That the funding for this project shall be as budgeted from the BVSWMA Capital Improvements Fund in the amount of $252,000.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2008. ATTEST: APPROVED: CONNIE HOOKS, City Secretary BEN WHITE, Mayor APPROVED: City Attorney 54 November 5, 2008 Consent Agenda Item 2k BVSWMA CSC Twin Oaks Phase I Testing and Inspecting Contract To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-030 with CSC Engineering & Environmental Consultants, Inc. in the amount of $60,000.00 for the Twin Oaks Phase I Construction Project. Recommendation(s): Staff recommends approval of the resolution approving the testing and inspecting contract with CSC Engineering & Environmental Consultants, Inc. based on their knowledge and previous experience at the Twin Oaks Landfill site. Summary: This resolution approving a testing and inspecting contract with CSC Engineering & Environmental Consultants, Inc. will provide Construction Quality Assurance (CQA) Testing Services during the Phase I Twin Oaks construction project. CSC Engineering & Environmental Consultants, Inc will ensure that construction materials and procedures are provided in compliance with project plans and specifications. The Twin Oaks Landfill construction project will include the development of the initial landfill disposal cell, evaporation pond, scale house, landfill maintenance building, roadways, Alum Creek Bridge, and all associated infrastructure features necessary to open the Type I landfill for the acceptance of municipal solid waste. Additional site development features will include aerated septic systems for domestic wastewater treatment and disposal, domestic water distribution system, communications, security, fencing, interior roadways, and drainage appurtenances. Budget & Financial Summary: Funding for this contract to CSC Engineering & Environmental Consultants, Inc. is available in the BVSWMA Capital Improvements Fund. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this project. As this contract is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Resolution (signed resolution to be provided to Council before the meeting) 55 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SELECTING A TESTING AND INSPECTING CONTRACTOR, APPROVING A TESTING AND INSPECTING SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE TWIN OAKS LANDFILL PROJECT. WHEREAS, the City of College Station, Texas, solicited a proposal for the Twin Oaks Landfill Testing and Inspecting Services; and WHEREAS, the selection of CSC Engineering & Environmental Consultants, Inc. is being recommended as the most highly qualified provider of the Testing and Inspecting Services; 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 CSC Engineering & Environmental Consultants, Inc. is the most highly qualified provider of the services for the Twin Oaks Landfill Project on the basis of demonstrated competence and qualifications. PART 2: That the City Council hereby approves contract #09-030 with CSC Engineering & Environmental Consultants, Inc. for an amount not to exceed $60,000.00 for the Testing and Inspecting Services related to the Twin Oaks Landfill Project. PART 3: That the funding for this project shall be as budgeted from the BVSWMA Capital Improvements Fund in the amount of $60,000.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2008. ATTEST: APPROVED: CONNIE HOOKS, City Secretary BEN WHITE, Mayor APPROVED: City Attorney 56 November 5, 2008 Consent Agenda Item 2L BVSWMA HDR Twin Oaks Landfill Design and Permitting Contract To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion on a resolution approving professional services contract #09-031, with HDR Engineering, Inc in an amount not to exceed $828,840.00 for Twin Oaks Landfill additional design/permitting, bidding and construction phase services. Recommendation(s): Staff recommends approval of this resolution approving the professional services contract with HDR, Inc. Summary: This resolution approving a contract with HDR, Inc. will assist the Brazos Valley Solid Waste Management Agency (BVSWMA) in efforts to open the Twin Oaks Landfill. HDR, Inc. will assist BVSWMA with this project by providing original design and permitting services, bid and construction administration services, and additional design and permitting services that are a result of new Solid Waste regulations and ongoing discussions with BVSWMA on operational considerations. New regulations which were promulgated in March 2006, after the existing Scope-of-Service had been prepared, require additional items to be addressed in the landfill permit including a Drainage and Erosion Plan for all Phases of Landfill Construction. Budget & Financial Summary: Funding for this contract to HDR, Inc. is available in the BVSWMA Capital Improvements Fund. As BVSWMA is funded through an inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of this project. As this contract is in excess of $50,000, it will require the approval of the Bryan City Council. Attachments: 1. Resolution (signed resolution to be provided to Council before the meeting) 57 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SELECTING A PROFESSIONAL CONTRACTOR, APPROVING A PROFESSIONAL SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE TWIN OAKS LANDFILL PROJECT. WHEREAS, the City of College Station, Texas, solicited a proposal for the Twin Oaks Landfill Additional Permitting/Engineering Design, Bidding and Construction Phase Services; and WHEREAS, the selection of HDR Engineering, Inc. is being recommended as the most highly qualified provider of the Additional Permitting/Engineering Design, Bidding and Construction Phase Services; 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 HDR Engineering, Inc. is the most highly qualified provider of the services for the Twin Oaks Landfill Project on the basis of demonstrated competence and qualifications. PART 2: That the City Council hereby approves contract #09-031 with HDR Engineering, Inc. for an amount not to exceed $828,840.00 for the Additional Permitting/Engineering Design, Bidding and Construction Phase Services related to the Twin Oaks Landfill Project. PART 3: That the funding for this project shall be as budgeted from the BVSWMA Capital Improvements Fund in the amount of $828,840.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2008. ATTEST: APPROVED: CONNIE HOOKS, City Secretary BEN WHITE, Mayor APPROVED: City Attorney 58 November 5, 2008 Consent Agenda Item 2m Funding Agreement With Keep Brazos Beautiful To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on a funding agreement between the City of College Station and the Keep Brazos Beautiful for FY09 in the amount of $60,240. Recommendation(s): Staff recommends approval of the funding agreement. Summary: As part of the 2008-2009 budget process the City Council approved funding for the Keep Brazos Beautiful in the amount of $60,240. Budget & Financial Summary: The funds for this agreement are budgeted and available in the 2008-2009 Sanitation Fund for the total amount of $60,240. $33,240 is to be used for the operations and maintenance of Keep Brazos Beautiful. $27,000 is to be used for beautification grants and projects of Keep Brazos Beautiful. Attachments: Keep Brazos Beautiful Funding Agreement 59 60 61 62 63 64 65 66 67 68 69 70 71 72 November 5, 2008 Consent Agenda Item 2n Authorize Health Department Funding Addendum and Expenditures To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion to approve a funding addendum that will authorize expenditures for the Brazos County Health Department in the amount of $340,885. Recommendation(s): Staff recommends approval of the funding addendum in the amount of $340,885 to the Brazos County Health Department. Summary: On September 25, 2008 Council approved the FY09 proposed budget which included funding for the Brazos County Health Department. This funding is based on an Interlocal Agreement originally approved on December 14, 1995. Budget & Financial Summary: Funds are available and budgeted in the General Fund. Payments are made in equal installments, monthly. Attachments: Brazos County Health Department Funding Addendum and Original ILA 73 FUNDING ADDENDUM The current Members of the Brazos County Public Health District do hereby agree to the following contributions for fiscal year 2008 commencing on October 1, 2008 and ending on September 30, 2009. ENTITY AMOUNT OF IN-KIND TOTAL PERCENT CONTRIBUTION CONTRIBUTION City of College Station $340,885 $ 1,040 $341,925 11.18% In all other respects the terms and conditions of that certain Cooperative Agreement dated September 26, 1995 (approved by Council action on December 14, 1995) are hereby confirmed, ratified and adopted. This document may be executed in multiple counterparts, each of which shall be deemed an original for all purposes and all of which constitute, collectively, one agreement. IN WITNESS WHEREOF, the parties hereto have caused this Funding Addendum to be executed as the day of , 2008. ATTEST: CITY OF COLLEGE STATION _____________________________ By: _______________________________________ City Secretary Mayor APPROVED: APPROVED: E-Signed by Carla A. Robinson VERIFY authenticity with ApproveIt ______________________________ ________________________________ City Attorney City Manager ______________________________ Chief Financial Officer 74 75 76 77 November 5, 2008 Regular Agenda Item 1 1815 Brothers Blvd. Easement Abandonment To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning seven easements located at 1815 Brothers Boulevard. (WalMart) Recommendation(s): Staff recommends approval of the ordinance. Summary: The easements proposed to be abandoned are 1. a 0.1723 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision; 2. a 0.0509 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision; 3. a 0.8004 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision; 4. a 0.1217 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision; 5. a 0.0759 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision; 6. a 0.8085 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4K and Lot 4J of the Replat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision, and Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision; 7. a 0.2874 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision, all according to the plat recorded in Volume 2153 & Page 93, Volume 1046 & Page 591, Volume 2153 & Page 93, Volume 1203 & Page 143, respectively of the Deed Records of Brazos County, Texas. The existing utility mains within this easement are proposed to be relocated to another public utility easement per the terms of this conditional abandonment ordinance. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map 78 2. Easement Abandonment Location 3. 0.1723 acre easement Ordinance 4. 0.1723 acre easement Ordinance Exhibit A 5. 0.0509 acre easement Ordinance 6. 0.0509 acre easement Ordinance Exhibit A 7. 0.8004 acre easement Ordinance 8. 0.8004 acre easement Ordinance Exhibit A 9. 0.1217 acre easement Ordinance 10. 0.1217 acre easement Ordinance Exhibit A 11. 0.0759 acre easement Ordinance 12. 0.0759 acre easement Ordinance Exhibit A 13. 0.8085 acre easement Ordinance 14. 0.8085 acre easement Ordinance Exhibit A 15. 0.2874 acre easement Ordinance 16. 0.2874 acre easement Ordinance Exhibit A 17. Application for Abandonment (on file at City Engineer’s office) 79 80 C ,! 3 I &i F .g : -r l k: D I rj; E i $ 6; g: LU C ~ 7 Y .- ,g f 0 ti. z 2 0 k 81 ORDINANCE NO. ______________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.1723 ACRE PORTION OF A TWENTY (20) FOOT WIDE PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 4K AND LOT 4J OF THE RE- PLAT OF LOT 4B, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 2153, PAGE 93 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.1723 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. 82 ORDINANCE NO. ________ Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.1723 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. 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 83 Legal Description Brazos County, Texas FN No. 08-0012d-Part 1 D&A Job No. 001-402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.1723 ACRE (7,506 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE n, SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE UTlLITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.1723 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATIE: PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED 'TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "DOU&~' washer found at the easterly north comer of said Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.RB.C.T. and the southwest comer of Lot 3, Block 15 of the Cmection Plat of Southwood Plaza, Phase One, as recorded in Volume 1046, Page 591, D.R.B.C.T., said point being an interior ell-comer of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood plaza, Phase Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears N02'01 '09"W, a distance of 88.98 feet; THENCE, with a northerly line of said Drainage and Utility Easement, being the common line of said Lot 3 and said Lot 4% N87°58'05yyE, a distar~ce of 13.63 feet to a calculated point for an exterior ell-corner of said Drainage and Utility Easement, and being the westerly most comer and POINT OF BEGINNING hereof; THENCE, continuing with the common line of said Lot 3 and Lot 4K the following two (2) ' courses and distances: 1. N87O5 8'05yyE, a distance of 1 86.86 feet to a Mag nail with 'Doucet" washer found for the northerly most corner hereof, and 2. S43'29'34"E, a distance of 197.66 feet to a 2-inch iron pipe found for the easterly common comer of said Lot 3 and said Lot 4% for the northeasterly corner hereof, said point being in the northwest right-of-way line of Brothers Boulevard, (R.o.w. varies); Page 1 of 2 Pi00 1-402hrveyUegals\08-00 12dalRevkd-Part 1 .doc 84 THENCE, with the common line of said Brothers Boulevard and said Lot 4% S46O30'26'W, a distance of 20.00 feet to a calculated point for the southeasterly most comer hereof, said point being at the southesterly most comer of said 20-foot wide Utility Easement, fiom which a Mag nail with ''Doucet" washer found for a point of curvature in said common line bears, S46O30'26'W, a distance of 78.28 feet; THIENCE, departing the northwest right-of-way line of Brothers Boulevard, over and across said Lot 4K the following three (3) courses and distances: with the southwest line of said 20-foot wide Utility Easement, N43O29'34"W, a distance of 188.64 feet to a calculated point for an angle point hereof, with the southerly line of said 20-foot wide Utility Easement, S87O58'05'W, a distance of 177.43 feet to a calculated point for the southwesterly most comer hereof, said point being in the east line of said Drainage and Utility Easement, and 3. over and across said 20-foot wide Utility Easement, with the east line of said Drainage and Utility Easement, N03"12'17W, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.1723 acre (7,506 sq. ft.) of land, more or less. Jason Ward, R.P.L.S. Texas Registration No. 581 1 Doucet & Associates Iric., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 ?-#us Date Page 2 of 2 P:\001-402~flegals\08-O012d1Revised1Part 1 .doc 85 (R.O.W. VARIES) 0.1723. ACRE PORTION OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS . . . - - - - . -- -. . . - I Dote: 9/18/2008 .PA Doucet & Associates, Inc. 740 1 B Hwy. 71 Wen, Suite 160 Adn, TX 78735, Phons (5 12) 563-2600 bc (3 52) 563-2601 , ~. - Scale: 1.160' Drown by: JL Reviewer: JSw I Pramct: 001-402 1 Field Back 229 KlSTNTDW-~~-~UVOlUU Party Chief: JM www.doucetandassociatu cam c..~.. n-r-. q3 190 m7 86 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0509 ACRE PORTION OF A TWENTY (20) FOOT WIDE PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 4K AND LOT 4J OF THE RE- PLAT OF LOT 4B, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 2153, PAGE 93 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.0509 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. 87 ORDINANCE NO. _______ Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.0509 acre portion of a twenty (20) foot wide public utility easement, said easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. 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 88 Legal Description Brazos County, Texas FN No. 08-0012d-Part 2 D&A Job No. 001-402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0509 ACRE (2,217 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II, SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.RB.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.0509 ACRE TRACT OF LAM) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTB; CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucet" washer found at the easterly north corner of said Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.R.B.C.T. and the southwest comer of Lot 3, Block 15 ofthe Correction Plat of Southwood Plaza, Phase One, as recorded in Volume '1046, Page 591, D.R.B.C.T., said point being an interioir ell-comer of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears N02°01'09'W, a distance of 88.98 feet; THENCE, over and across said Drainage and Utility Easement, with the common line of said Lot 4K .and said Lot 4A, S50°12'33"W, a distance of 32.52 feet to a calculated point for the northerly most wmer and POINT OF BEGINNING hereof, said point being in the west line of said Drainage and Utility Easement, THENCE, departing said common line of said Lot 4K and said Lot 4A, with the west line of said Drainage and Utility Easement, S03°10'50"E, a distance of 24.92 feet to a calculated point for the southerly most east corner hereof, said point also being in the southeasterly line of said 20-foot wide Utility Easement; Page 1 of 2 P:\OO1-402\s~~eyUegals\08-0012d~Revised~Part 2.doc 89 THENCE, departing the west line of said Drainage and Utility Easement, with the southeasterly line of said 20-foot wide Utility Easement, in part over and across said Lot 4K, and in part over and across said Lot 4J, the following three (3) courses and distances: 1. S50°12'33'W, a distance of 103.40 feet to a calculated point for the southeast comer hereof; 2. N39O47'27'W, a distance of 20.00 feet to a calculated point for the southwest corner hereof, from which a 112-inch iron rod with "Doucet" cap found for the westerly common corner of said Lot 45 and said Lot 4K, bears, S50°12'33'W, a distance of 12.52 feet, and 3. with the northwest line of said Lot 4K, and the southeast line of said Lot 4, N50°12'33"E, a distance of 118.26 feet to the POINT OF BEGINlVING and containing 0.0509 acre (2,217 sq. R) of land, more or less. 9-L?-as Date Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402~~yUeg&\08-0012d~R~~Part 2.doc 90 . - . &l.k A *.t ::, t - see+ 3a4 3 : FR~~ED~MHILL~DPAR~S~~ CU WFORD BARNL I I' LE9 LOT 3, BLOCK 15 w "mum mn i ML 1203, PC. 143 CORRecJlONPLAT OF /------r- AND VOL 2153. PG. 93 1 0.0509 ACRE REPLAT OF LOT 4B, BLQCK 15. PHASE IT \ SOUTHWOOD PLAZA SUBDIVEION VOL 21 53, PG. 93 I I I - I ALL .BEARINGS ARE BASED ON THE I TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORM. CENTRAL ZONE j (4203), NAD83 (CORS). AU I DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0001 07026389. I GRAPHIC SCALE: 1" = 60' i I : ------ MISTING PROPERTY UNES ------- EXISTING EASEMENTS 1/2' IRON ROD WITH 'DOUCEl" CAP FWND 20' U~UM ESMT. 2" IRON PIPE FWND WL 1205, PG. 145 AND VOL 2153. PG 93 (UNLESS NOTOD) CALCULATED POlNT I MAG NAIL WTH 'DWET' I WASHER FOUND POINT OF BEGlNNlMG VOLUME RIGHT-OF-WAY LONGMIRE DRNE D.R.B.C.1. DEED RECORDS BRAZOS CWNN, TEXAS (R.0.W. VARIES) FN IOB-Mn2dgart 2 P:\OOl-402\survey\DA-drowinqs\OOl-402 vucote-20 UE9d 2.dwg 0.0509 ACRE PORTION era Dote: 9/19/2008 OF UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS Doucet & Associates, Inc. 7401 B Hwy. 71 West, Sub 160 Austin, TX78735, Phonc. (512) 583-2600 hc (5 12) 583-2601 Am'NTPW-~~-WMRMA wm.doucaandassociarc~.com Scole: 1'-60' Drawn by: A '~eviewa~ JSW ProJecb 001-402 Fshaet: 1 of 1 Fidd BOO^: 229 Porty Chief: JU Survey Dote: 11 /29/07 91 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.8004 ACRE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 3, BLOCK 15, PHASE 1 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1046, PAGE 591 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.8004 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.8004 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in 92 ORDINANCE NO. ________ Page 2 Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. 5. Prior to the acceptance of the construction of the relocated utility lines previously within the Easement approved for abandonment by the City, the then owner of the Subject Property shall deliver to the City an agreement in writing to hold the City harmless, and indemnify the City against all suits, costs, expenses, and damages that may arise or grow out of the City’s approval of the abandoned Easement. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. 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 93 Legal Description Brazos County, Texas FN No. 08-0012f-Part 1 D&A Job No. 001-402 DESCRIPTION OF A TRACT OF LAND CONTAINING 0.8004 ACRE (34,864 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.8004 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID' NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING, at a Mag nail with '9oucef' washer found for an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase LI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93, (D.R.T.C.T.), from which a 2-inch iron pipe found for the common easterly corner of said Lot 3, and said Lot 4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, (R.o.w. varies), bears, S43 029'34"E, a distance of 197.66 feet; THENCE, along the common line of said Lot 4K and said Lot 3, S87°58'05"W, a distance of 16.48 feet to a calculated point for the southeast comer and POINT OF BEGINNING hereof; THENCE, continuing along the common line of said Lot 4K and said Lot 3, S87°58'05'W, a distance of 184.01 feet to a Mag nail with 'Doucetyy washer found for the southwesterly corner hereof, said point also being a common comer of said Lot 4K, and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, @.RB.C.T.), and being the southwest comer of said Lot 3; THENCE, along the west line of said Lot 3 and the east line of said Lot 4A, in part with the east line of Lot 4D, and in part with the east line of said Lot 4E, both of said Revised Plat of Lot 4, Block 15, N02°01'09"W, passing at a distance of 88.98 feet a Mag nail with "Doucet" washer found for the southeast comer of said Lot 4D and the west line of said Lot 3, also passing at a distance of 319.68 feet a Mag nail with "Doucet" washer found for the common east corner of said Lot 4D and Lot 4E and the west line of said Lot 3, for a total distance of 382.29 feet to a calculated point for the northwesterly comer hereof; fl Page 1 of 3 P:UIO 1 -402beyUegals\O8-0012fORevisededPart 1 .doc 94 THENCE, over and across said Lot 3, N87O58'51"E, a distance of 588.54 feet to a calculated point for the northeast comer hereof, said point also being in the east line of said Lot 3 and in the west line of a Drainage and Utility R0.w. as shown on the Revised Plat of Lots 1 and 2, Block 15, Southwood Plaza, Phase One, recorded in Volume 1212, Page 483,o.RB.C.T.); THENCE, along the common line of said Lot 3 and said Drainage and Utility Ro.w., S06"42'47"W, a distance of 12.77 feet to a 112-inch iron rod with "Doucet" cap found for a point of curvature hereof; TEENCE, continuing along the common line of said Lot 3 and said Drainage and Utility R.o.w., along a curve to the right, whose radius is 113.00 feet, whose delta is 06°25'14", whose arc length is 12.66 feet, and whose chord beats, S09"55'24'W, a distance of 12.66 feet to a calculated point for an exterior ell comer hereof; TBENCE, over and across said Lot 3, the following four (4) courses and distances: 1. S87O58'5 l'W, a distance of 538.98 feet to a calculated point for an interior ell corner hereof; 2. S02°01'09"E, a distance of 10.00 feet to a calculated point for an interior ell corner hereof; 3. N87°58'51"E, a distance of 494.58 feet to a calculated point for an angle point hereof; 4. S66°02'45"E, a distance of 37.32 feet to a calculated point for a point of curvature hereof, said point being in the east line of said Lot 3, and in the west line of said Drainage and Utility R.o.w.; TEENCE, along the common line of said Lot 3, and said Drainage and Utility R.o.w., along a curve to the right, whose radius is 1 13.00 feet, whose delta is 10°17'03", whose arc length is 20.28 feet, and whose chord bears, S32°45'40'W, a distance of 20.26 feet to a calculated point for an exterior ell corner hereof; Page 2 of 3 P:\001-402\smveyUegals\08-00 12f-Revised-Part 1 .doc 95 THENCE, over and across said Lot 3, the following six (6) courses and distances: 1. N66O02'46'W, a distance of 29.64 feet to a calculated point for an angle point hereof; 2. S87O58'5 lY7W, a. distance of 486.23 feet to a calculated point for an angle point hereof; 3. S68°43'30"W, a distance of 30.40 feet to a calculated point for an interior ell corner hereof; 4. S02°01'09"'E, a distance of 307.26 feet to a calculated point for an interior ell corner hereof; 5. N87°58'05"E, a distance of 164.00 feet to a calculated point for an interior ell comer hereof; 6. S02°01'55"E, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.8004 acre (34,864 sq. ft.) of land, more or less. ?-/9-d8 Jason Ward, R.P.L.S. Daie ' / Texas Registration No. 58 1 1 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 . Austin, Texas 78735 Page 3 of 3 P:\O01402~eyUegals\O8-O012fgalsRevised-Part l.doc 96 VOL.. 1212, PG. 483 \ DOC #0741445 CURVE TABLE S09'55'24"W 12.66' Doucet & Associates, Inc. Austin, TX 78735, Phonc: (5 12) 583-2600 hr. (5 12) 583-260 1 97 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.1217 ACRE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 3, BLOCK 15, PHASE 1 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1046, PAGE 591 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.1217 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.1217 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in 98 ORDINANCE NO. ___________ Page 2 Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. 5. Prior to the acceptance of the construction of the relocated utility lines previously within the Easement approved for abandonment by the City, the then owner of the Subject Property shall deliver to the City an agreement in writing to hold the City harmless, and indemnify the City against all suits, costs, expenses, and damages that may arise or grow out of the City’s approval of the abandoned Easement. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. 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 99 Legal Description Brazos County, Texas FN No. 08-0012f-Part 3 D&A Job NO. 001-402 DESCRTPTION OF A TRACT OF LAND CONTAINING 0.1217 ACRE (5,301 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.1217 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLAME COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO . SURFACE USING A COMBMD SCALE FACTOR OF 1.000107026389): COMMENCING, at a Mag nail with with"Doucet" washer found for an angle point in the south line of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block 15, Phase 11, of Southwood Plaza Subdivision, recorded in Volume 21 53, Page 93, (D.R.T.C.T.), from which a 2-inch iron pipe found for the common easterly comer of said Lot 3, and said Lot 4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, CfL0.w. varies), bears, S43"29'34"E, a distance of 197.66 feet, also from which a Mag nail with "Doucet" washer found for the northerly common corner of said Lot 4% and Lot 4A of the Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143, (D.R.B.C.T.), and being the southwest comer of said Lot 3, bears, S87"58'05'W, a distance of 200.49 feet; THENCE, over and across said Lot 3, N58'55'42"E, a distance of ,2232 feet to a calculated point in a west line of a variable width Utility Easemenf as shown on said Correction Plat of Southwood Plaza, for the southwest corner and POINT OF BEGINNING hereof; THENCE, over and across said Lot 3 the following six (6) courses and distances: 1. with a west line of said Utility Easement, N02"01'09'W, a distance of 49.17 feet to a calculated point for an exterior ell-comer of said Utility Easement and the northwest comer hereof; 2. with a north line of said Utility Easement, N87°58'05''Ei, a distance of 83.72 feet to a calculated point for an interior ell-comer of said Utility Easement and an interior ell- comer hereof, Page 1 of 2 P:\001-402heyUegals\08-0012fyuRcvisededPart 3.doc 100 3. with a west line of said Utility Easement, NOZOO1 '09"W, a distance of 10.00 feet to a calculated point for an exterior ell-corner of said Utility Easement and an exterior ell- comer hereo$ 4. with a north line of said Utility Easement, N87"58'05"E, a distance of 20.00 feet to a calculated point for an exterior ell corner of said Utility Easement and the northeast comer hereof, 5. with an east line of said Utility Easement, S02O01'09"E, a distance of 59.19 feet to a calculated point for the southeast corner hereof, and 6. over and across said Utility Easement, and continuing over and across said Lot 3, S87"58'45"W, a distance of 103.72 feet to the POINT OF BEGINNING and containing 0.1217 acre (5,301 sq. ft.) of land, more or less. Jason Ward, RP.L.S. / Texas Registration No. 58 1 1 Doucet & Associates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402heyUegals\08-00 12f-Revised-Part 3 .doc 101 FN #OB-O012fJerl 3 I DA.B.CT. 4 I I DO~C g/lg/mo8 Scole: 1'-100' Drown by: a Reviewer. JSW Project: 001-402 shsat: i of 1 Field Bo* 229 Party Chief: JM Survey ~ote: 11 /29/07 0.1217 ACRE PORION OF A VARIABLE WIDTH UTILITY EASEMENT TO BE VACATED CITY OF COLLEGE STATION, BRAZOS COUW, TD(AS P:\001-402\survcy\DA~dmwings\W1-402 vocote-wioble UE-port ldwg Doucet & Associates, I~c. 7401 B Hwy. 71 West, Suk I60 Aurdn, TX 78735. Phonr (5 12) 583-2600 ~ix (5 12) 583-260 I AUSThL~-~rUQMMlSEm-~CAUKMHlr www.doucetandassocia~s.com 102 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0759 ACRE VARIABLE WIDTH PUBLIC UTILITY EASEMENT, SAID EASEMENT LIES ON LOT 3, BLOCK 15, PHASE 1 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1046, PAGE 591 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.0759 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.0759 acre variable width public utility easement, said easement lies on Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza Subdivision, according to the plat recorded in Volume 1046, Page 591 of the deed records of Brazos County, Texas, as described in 103 ORDINANCE NO. ________ Page 2 Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. 5. Prior to the acceptance of the construction of the relocated utility lines previously within the Easement approved for abandonment by the City, the then owner of the Subject Property shall deliver to the City an agreement in writing to hold the City harmless, and indemnify the City against all suits, costs, expenses, and damages that may arise or grow out of the City’s approval of the abandoned Easement. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. 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 104 Legal Description Brazos County, Texas F'N No. 08-0012f-Part 2 D&A Job No. 001-402 EXHIBIT "A7' DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0759 ACRE (3,306 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3, BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BWS COUNTY, TEXAS, @.RB.C.T.), AND BEING A PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.0759 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): BEGINNING at a calculated point in the northwest Right-of-way line of Brothers Boulevard (R.o.w. varies), and being a point in the southeast line of said Lot 3, for the northeast corner and POINT OF BEGINNING hereof, from which a 2-inch iron pipe found in the northeast Right- of-Way line of said Brothers Boulevard, and the south line of said Lot 3, bears along a curve to the right, whose radius is 292.70 feet, whose delta is 09'54'1 I", whose arc length is 50.59 feet, and whose chord bears, N70°09'5 1 "E, a distance of 50.53 feet; THENCE, along the northwest Right-of-way line of said Brothers Boulevard, and the south line of said Lot 3, along a curve to the left, whose radius is 292.70 feet, whose delta is 05O54'21", whose arc length is 30.17 f"ett, and whose chord bears, S62°15'35'W, a distance of 30.16 feet to a calculated point for the southeast comer hereof, fiom which a 2-inch iron pipe found at the common southerly corner of said Lot 3, and the Lot 4K of the Replat of Lot 4B, Block 15, Phase XI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93 @.RB.C.T.), bears the following two (2) courses and distances: along a curve to the left., whose radius is 292.70 feet, whose arc length is 65.13 feet, and whose chord bears 552"55'55"W, a distance of 65.00 feet to a calculated point and, S46'30'26"WY a distance of 97.86 feet; THENCE, departing the northwest Right-of-way line of said Brothers Boulevard, over and across said Lot 3, the following five (5) courses and distances: 1. along a south line of said variable width utility easement, N76'11'45"WY a distance of 95.62 feet to a calculated point for an angle point hereof; 2. continuing along a south line of said easement, S87'58'05'W, a distance of 42.39 feet to a calculated point for the southwest comer hereof; 3. over and across said easement, N01°41'06'W, a distance of 29.92 feet to a calculated point for the northwest comer hereof; Page 1 of 2 P:\001402\surveyllegals\08-0012f-Revised-Part 2.doc 105 4. along a north line of said easement, N87O58'05"E, a distance of 10.00 feet to a calculated point for an angle point here05 and; 5. continuing along a north line of said easement, S76°11'45''E, a distance of 157.34 feet to the POINT OF BEGINNING and containing 0.0759 acre (3,306 sq. R) of land, more or less. n Ward, R.P.L.S. No. 581 1 Date Doucet & Associates Inc. 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402heflegals\08-0012fyzrR~-Part 2.doc 106 UNE TABLE NO. BEARING DISTANCE Ll N767 1'45"W 95.62' - L2 S87'58'05"W 42.39' . L3 N01'41'06"W 29.92' L4 N87'58'05"E 10.00' L5 S7671'45"E 1 57.34' ---- POINT OF BEGINNING \ DOC.#O741445 Doucet & Associates, Inc. P:\001-402\swy\O4_drowings\OO1-402 wcotc-vorloble ULport Zdwg I i - 107 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.8085 ACRE PORTION OF A VARIABLE WIDTH PUBLIC UTILITY AND DRAINAGE EASEMENT, SAID EASEMENT LIES ON LOT 4K AND LOT 4J OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION, AND LOT 4A, LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 2153, PAGE 93 AND VOLUME 1203, PAGE 143 RESPECTIVELY OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.8085 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4K and Lot 4J of the Replat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision, and Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 and Volume 1203, Page 143 respectively of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. 108 ORDINANCE NO. _____________ Page 2 PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.8085 acre portion of a variable width public utility and drainage easement, said easement lies on Lot 4K and Lot 4J of the Replat of Lot 4B, Block 15, Phase 2 of the Southwood Plaza Subdivision, and Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision according to the plat recorded in Volume 2153, Page 93 and Volume 1203, Page 143 respectively of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. 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 109 Legal Description Brazos County, Texas FlV No. 08-0012cR D&A Job No. 001-402 EXHIBIT "An DESCRIPTION .OF A TRACT OF LAND CONTAINING 0.8085 ACRE (35,219 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II OF SOUTHWOOD PLAZA SUBDMSION, RECORDED IN VOLUME 2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF LOT 4A, LOT 4D, AM) LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, D.R.B.C.T., AND BEING A PORTION OF A DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, BLOCK 15, PHASE n OF SOUTHWOOD PLAZA SUBDIVISION, AND SAID CORRECTION PLAT OF SOUTHWOOD PLAZA, SAID 0.8085 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CEN- ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with "Doucetyy washer found for the northeast corner of said Lot 4E, and being a point in the west line of Lot 3, Block 15, of the Correction Plat of Southwood Plaza, Phase One, recorded in Volume 1046, Page 591, D.R.B.C.T., also being the southeast comer of Lot 4F of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, fiom which a Zinch iron pipe found for the northwesterly corner of said Lot 3, and being a point in the south Right-of-way line of Harvey Mitchell Parkway South, (aka. F.M. 281 8), (R.o.w. varies), also being the northeast comer of said Lot 4F, bears, NOZOO1 'OYW, a distance of 175.65 feet; THENCE, with the west line of said Lot 3, and the east line of said Lot 4E, S02°01'09'yE, a distance of 25.00 feet to a calculated point for the northeast comer hereof, for the POINT OF BEGINNING hereof; THENCE, with the west line of said Lot 3, in part with the cast line of said Lot 4E, in part with the east line of said Lot 4D, and in part with an east line of said Lot 4A, S02°01'0!9"E, a distance of 648.87 feet to a Mag nail with "Doucet" washer found for an interior ell-comer hereof, said point the easterly north comer of said Lot 4K, being the east corner of Lot 44 and the southwesterly most comer of said Lot 3; Page 1 of 2 P:\OOl-402hveflegals\08-0012ce~ed.doc 110 THENCE, with the common line of said Lot 3 and said Lot 4K, N87°58'05"E, a distance of 13.63 feet to a calculated point for an exterior ell-comer hereof; THENCE, leaving the south line of said Lot 3, in part over and across said Lots 4K and 4J, both of said Replat of Lot 4B, Block 15, Phase I1 of Southwood Plaza Subdivision, and in part over and across said Lots 4A, 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following five (5) courses and distances: 1. with the east line of said Drainage and Utility Easement, S03O12' 17"E, a distance of 365.51 feet to a calculated point for the southeast corner hereof, 2. S86O47'43'WW, a distance of 40.00 feet to a calculated point for the southwest corner hereof, said point being in the east line of said Drainage and Utility Easement, 3. with the west line of said Drainage and Utility Easement, N03O12'17'W, a distance of 799.72 feet t0.a calculated point for an angle point hereof; 4. with the west line of said Drainage and Utility Easement, N00°59'17'W, a distance of 216.17 feet to a calculated point for the northwest corner hereof; 5. over and across said Drainage and Utility Easemeit, N89O00'43"E, a distance of 31.46 feet to the POINT OF BEGINNING and containing 0.8085 acre (35,219 sq. ft.) of land, more or less. Texas Registration No. 5 8 1 1 Doucet &~ssociates Inc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Date Page 2 of 2 P:\00 1-402megals\08-0012~-R&d.doc 111 .I, .. .' &ltL+ A Crc+ 3 &3 REVISED PLAT OF TWAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), NAD83 (CORS), AIL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389. EASEMENT UNE - - - EXISTING PROPERTY UNES --- EXISTING EASEMENTS 1/2" IRON ROD FWND (UNLESS NOTED) 2" IRON PIPE FWND 1 (UNLESS NOTED) CALCULATED POINT MAG NAIL WM "DWCET" WASHER FOUND VDL VOLUME RIGHT-OF-WAY D.R.B.C.T. DEED RECORDS. BRAZOS COUNlY, TEXAS FN m~-mzc~ Dote: 9/18/2008 0.8085 ACRE PORTION OF SCO~C: 1 "=15o' DRAI NAG€ AND UTILITY Drown by: JL Doucet & Associates, Inc. ~ewewer: JSW 7401 6 Hwy. 71 Wm Suite 160 Project: 001-402 WEMENTToBEVACATED Mn,~7*~,fiw(SI,~26~k(5,2)~~,, hmk err/ OF COLlKE STATION, ndd Book: 229 BRAZOS COUNTY, TEXAS AUSRL~-~PTOEC~-R~ WPORNA Porty Chief: JLI www.doucetandassoclans.com Survey Date: 11/29/07 P:\001-402\sumy\DA4mwings\001-402 uocate-gar msernent_ravlsed.dwg 112 ORDINANCE NO. ___________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.2874 PORTION OF A VARIABLE WIDTH PUBLIC UTILITY AND DRAINAGE EASEMENT, SAID EASEMENT LIES ON LOT 4A, LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, PHASE 2 OF THE SOUTHWOOD PLAZA SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 1203, PAGE 143 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.2874 portion of a variable width public utility and drainage easement, said easement lies on Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision, according to the plat recorded in Volume 1203, Page 143 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. Applicant intends to relocate the existing public utility mains located in the Easement to a replacement public utility easement. 3. There is no public need or use for the Easement. 4. There is no anticipated future public need or use for the Easement. 5. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. 113 ORDINANCE NO. _________ Page 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, a 0.2874 portion of a variable width public utility and drainage easement, said easement lies on Lot 4A, Lot 4D, and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision, according to the plat recorded in Volume 1203, Page 143 of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto, be abandoned and vacated only upon completion of the following conditions: 1. That the Applicant remove and relocate the existing public utility mains to another public utility easement. 2. That the City Engineer approve and accept the relocated public utility mains. 3. That the Applicant dedicate the replacement public utility easement to the City in compliance with City standards. 4. That there will be no other infrastructure in the easement to be abandoned. If any of the above conditions are not met within eighteen (18) months, the abandonment shall be null and void and have no further force or effect. 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 114 Legal Description Brazos County, Texas FN No. 08-0012eR D&A Job No. 001402 EXHIBIT "A" DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2874 AClRE (12,521 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 44 LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF A VARIABLE WIDTH DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA, PHASE TWO, SAID 0.2874 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a Mag nail with c'Doucet" washer found for the southwest corner of Lot 4F of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, and being an interior ell- comer of said Lot 4A, said point also being a point in the south line of a 20-foot wide Utility Easement as recorded in Volume 1203, Page 143, D.R.B.C.T., from which a 112-inch iron rod found at an angle point in the west line of said Lot 4F, also being an angle point in the northeast line of said Lot 4A, bears, N23"08'34'W, a distance of 50.00 feet; THENCE, departing the southwest corner of said Lot 4F, and the interior ell comer of said Lot 44 and the south line of a 20-foot wide Utility Easement, over and across said Lot 44 with the west line of said Drainage and Utility Easement, S25°50'27"E7 a distance of 25.03 feet to a calculated point for the northwest corner and POINT OF BEGINNING hereof, TBENCE, in part over and across said Lots 44 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, the following ten (1 0) courses and distances: over and across said Drainage and Utility Easement, N66O51'26"E, a distance of 20.02 feet to a calculated point for the northeast comer hereof, with the east line of said Drainage and Utility Easement, S25O50'27''EE, a distance of 277.07 feet to a calculated point for an angle point hereof, N87'54'48"E, a distance of 32.76 feet to a calculated point for an angle point hereoc said point being in the west line of a variable width Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, D.R.B.C.T., Page 1 of 2 PA001 -402keflegals\08-0012ttRtviseddoc 115 4. with the west line of said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, S03°10'50'yE, a distance of 58.84 feet to a calculated point for the southeast corner hereof, and being the beginning of a non-tangent curve to the left, 5. 27.40 feet along the arc of said curve to the left, having a radius of 190.00 feet, through a central angle of 08"15'51", whose chord bears, S68"16'319W, a distance of 27.38 feet to a calculated point for the southerly most corner hereof 6. N25O50'27'W, a distance of 40.79 feet to a calculated point for an interior ell- comer hereof, 7. S53"49'29'W, a distance of 94.62 feet to a calculated point for the southwestern comer hereof, 8. over and across said Drainage and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, N29"30'25'W, a distance of 47.74 feet, 9. N55°10'54"E, a distance of 97.33 feet to a calculated point for an interior ell- comer hereof, said point being in the west line of said Drainage and Utility Easement, and 10. with the west line of said Drainage and Utility Easement, N25°50'27'W, a distance of 256.90 feet to the POINT OF BEGINNING and containing 0.2874 acre (12,521 sq. R) of land, more or less. 49 /-~ Texas ason Ward, Registration R.P.L.S. No. 58 1 1 Doucet & Associates hc., 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 Page 2 of 2 P:\001-402\surveyUegals\08-O012e1R~.doc 116 117 November 5, 2008 Regular Agenda Item 2 Revisions to the UDO and Subdivision Regulations to address ETJ issues To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an ordinance to amend Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations, and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO) to remove master plans and amend standards relating to the Extraterritorial jurisdiction, including minimum lot size, minimum lot width, and urban street design. Recommendation(s): At their October 16th meeting, the P&Z Commission recommended approval (6-1 with Stearns voting against) of the proposed Ordinance. Staff also recommended approval. Summary: Over the past several years College Station has experienced an increased rate of development in the ETJ. In an effort to address concerns identified by the Planning and Zoning Commission and the City Council, Council directed staff to retain a planning consultant to identify the reasons for this development and to identify options to better manage the development. This report with its recommendations was presented to the Parks and Recreation Board, the Planning and Zoning Commission, and the City Council in the summer of 2007. Council directed staff to engage with stakeholders and to bring forward ordinance revisions as appropriate. A number of stakeholder meetings were held as well as additional meetings with the Planning and Zoning Commission and the Council. Through these various meetings it became clear that it was not likely a consensus could be reached on many of the issues identified in the report nor on the specific standards identified in the report. Staff therefore offers the following as a partial (and less stringent) recommendation for implementing the recommendations contained within the report. 1. Removal of master plans as a requirement/option 2. Establishment of a minimum lot size in the ETJ of 2 acre 3. Establishment of a minimum lot width of 400’ along thoroughfares and 100’ along subdivision roads in the ETJ 4. Removal of the urban street design as a requirement/option in the ETJ The remaining items contained in the report will be further addressed through the development of the city Comprehensive Plan update and the subsequent ordinance revisions. These recommended changes to the UDO and Subdivision Regulations are designed to be supported by complimentary CCN and sewer extension policies and annexation policies that will be discussed at upcoming Council meetings. Budget & Financial Summary: N/A Attachments: 1. Ordinance for Unified Development Ordinance 2. Ordinance for Subdivision Regulations 3. Draft Planning & Zoning Commission Meeting minutes, October 16, 2008 118 119 120 121 122 123 124 125 October 16, 2008 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, October 16, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Bill Davis, Noel Bauman, Paul Greer, Doug Slack, Thomas Woodfin and Hugh Stearns COMMISSIONERS ABSENT: None CITY COUNCIL MEMBERS PRESENT: Dennis Maloney CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert and Matt Robinson, Graduate, Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, Transportation Planning Coordinator Joe Guerra, Planning Administrator Molly Hitchcock, City Engineer Alan Gibbs, Assistant City Manager David Neeley, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 1. Call Meeting to Order. Chairman Nichols called the meeting to order at 7:00 p.m. 8. Public hearing, presentation, possible action, and discussion regarding an ordinance to amend Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations, and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance (UDO), to remove master plans and amend standards relating to the Extraterritorial jurisdiction. Case #08-00500248 (JS) Jason Schubert, Staff Planner, presented the proposed ordinance revisions which included removal of master plans as a requirement and revisions to platting standards in the City’s ETJ. He also presented the three main revisions to standards in the ETJ which included a minimum lot size of 2 acres without the option of a waiver or variance, a minimum lot width of 400 feet along thoroughfares and 100 feet along other roadways and the removal of the option to construct urban streets in the ETJ. There was general discussion regarding the revisions. Chairman Nichols opened the public hearing. 126 October 16, 2008 P&Z Regular Meeting Minutes Page 2 of 2 Roger Bligh, 13613 Headwater Lane, College Station, Texas; Sherry Ellison, 2705 Brookway Drive, College Station, Texas; Jody Gougler, 13515 Headwater Lane, College Station, Texas. The citizens were in favor of the revisions and asked that the proposal of the 2 acres lot size be increased. Chairman Nichols closed the public hearing. Commissioner Slack stated that rural lifestyle needed to be protected and larges lot sizes would help protect that. Commissioner Greer stated that a two acre lot size is not large enough. Commissioner Slack motioned to recommend approval of the ordinance revisions with the condition that there be a minimum 5 acre lot size. Commissioner Greer seconded the motion. Commissioner Stearns stated that he would support a 20 acre lot size because he feels there will be issues with connectivity with smaller parcels. Commissioner Davis amended the motion to recommend approval of the minimum 2 acre lot size. Commissioner Bauman seconded the motion, motion passed (5-2). Commissioner Slack and Commissioner Stearns were in opposition. The original motion passed (6-1). Commissioner Stearns was in opposition. 127 November 5, 2008 Regular Agenda Item 3 Ch. 13 Flood Hazard Protection – Zero-Rise Requirement applied to Floodplain To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Public Hearing, presentation, possible action, and discussion an ordinance amending (Zero-Rise) City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 5-E: Special Provisions for Areas of Special Flood Hazard, Section 5-G: Special Provisions for Floodways, and Section 5-H: Special Provisions for Areas of Shallow Flooding. Recommendation(s): Staff recommends approval of this ordinance amendment with the primary benefit of enhanced flood hazard protection. Note that concerns have been raised (attached Stakeholder Summary) regarding the related impacts of this ordinance amendment. However, Council has directed staff to further pursue “No Adverse Impact” options, and this subsequent effort may address many of the stated concerns. Summary: At the May 22, 2008 Council Workshop Meeting, City Council voted unanimously requesting staff to bring this subject item forward. At the June 26th Council Meeting, Council further directed to Staff to prepare a Zero-Rise Ordinance and seek stakeholder input, and subsequently address Council on additional possible No Adverse Impact options for future consideration. Stakeholder input was gathered primarily from two meetings. The first was the September 18, 2008 local chapters’ luncheon of the American Society of Civil Engineers and Texas Society of Professional Engineers which was advertised through the local chapters. The second was the September 30, 2008 Zero-Rise Stakeholder Meeting which was advertised through developer and neighborhood email lists. Draft copies of the proposed ordinance amendment were made available to the stakeholders. An enumerated summary of Stakeholder Comments have been attached. This item was also discussed at the October 16, 2008 Planning and Zoning Commission Workshop Meeting. Though this was not a required action item for the Planning and Zoning Commission’s consideration, the Commission did express support of proposed ordinance amendment. Currently, the City of College Station Code of Ordinances, Ch. 13: Flood Hazard Protection Ordinance, Section 5.G Special Provisions for Floodways (attached) prohibits encroachments only into Floodways unless an engineering report is provided demonstrating no increase in water surface elevation (zero-rise). In addition to this minimum requirement set out by FEMA, College Station requires that the Zoning Board of Adjustments considers specific criteria and prerequisites before granting this associated variance as described in Section 6: Variances (attached). This ordinance amendment for consideration will apply the Zero-Rise regulation to the Floodplain or more specifically the Special Flood Hazard Area (SFHA) which is commonly Zones AE and A as depicted on the Flood Insurance Rate Maps (FIRMs). Development would still be allowed in the flood plain as long as it does not result in a net rise in the 100 year flood elevation. If proposed development would result in a rise, then mitigation will be required to bring down the flood elevation. The mitigation may take many forms currently and therein lies the potential issue, i.e.: cutting of trees in the flood plain, etc. This ordinance will not prohibit development within the flood plain, it simply will not allow for development that will cause rise of flood flow without mitigation to the zero rise state. 128 Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Stakeholder Summary 129 O/group/legal/ordinance/amendmentform.doc ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 13, “FLOOD HAZARD PROTECTION”, 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 13, “Flood Hazard Protection Ordinance”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits “A” through “C”, 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 35 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 Mary Ann Powell VERIFY authenticity with ApproveIt _______________________________ City Attorney 130 ORDINANCE NO.__________________ Page 2 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “A” That Chapter 13, “Flood Hazard Protection”, Section 5-E, “Special Provisions for Areas of Special Flood Hazard”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding Subsection (10), as set out hereafter to read as follows: “(10) (a) For all new construction or any substantial improvement to a structure, encroachments, including fill, shall be prohibited unless it can be demonstrated that such construction or improvement does not increase the Base Flood Elevation and does not create additional Areas of Special Flood Hazard upstream, within, nearby or downstream of the area of encroachment. Certification of this shall be required on a form provided by the Administrator based upon a submitted engineering report that includes hydrologic and hydraulic analysis, conforms to the requirements of this Chapter and the Bryan/College Station Unified Design Guidelines, Standard Details, and Technical Specifications, and bears the dated seal and signature of a registered professional engineer. (b) Additionally, all development, in any form, including fill, that are located within Floodways, the following provisions apply: (1) A variance must be granted; and (2) It must be demonstrated and certified on the required engineering report as set forth above that such construction or improvement does not increase the Base Flood Elevation. (c) The following are exempt from subsections 5.E.10.a. and 5.E.10.b. above: (1) Customary and incidental routine grounds maintenance, landscaping and home gardening provided same (i) does not increase the Base Flood Elevation; (ii) does not create Areas of Special Flood Hazard upstream, within, nearby or downstream; and (iii) does not require a building permit, zone change request, or variance from the provisions of the Zoning Ordinance; (2) Temporary emergency repairs deemed necessary for the preservation of life, health, or property provided a permanent repair be done as soon as practicable; and provided that to the maximum degree deemed reasonable and prudent by the City such repair is made and maintained so as to minimize increasing water surface elevation and to minimize the creation of additional Areas of Special Flood Hazards. Certification of this shall be required on a form provided by the Administrator based upon a submitted engineering report that includes hydrologic and hydraulic analysis, conforms to the requirements of this Chapter and the Bryan/College Station Unified Design Guidelines, Standard Details, and Technical Specifications, and bears the dated seal and signature of a registered professional engineer; or (3) Temporary excavation for the purpose of maintaining or repairing any public street, public utility facility including service lines related thereto, or any other public infrastructure provided such area of excavation is returned as soon as practicable to its prior condition or better with respect to meeting the requirements set forth in this section 5.E.10.” 131 ORDINANCE NO.__________________ Page 3 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “B” That Chapter 13, “Flood Hazard Protection”, Section 5, “Special Provisions”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by deleting Section 5-G, “Special Provisions for Floodways”. 132 ORDINANCE NO.__________________ Page 4 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “C” That Chapter 13, “Flood Hazard Protection”, Section 5, “Special Provisions”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by deleting Section 5-H, “Special Provisions for Areas of Shallow Flooding”. 133 Zero-Rise Floodplain ASCE/TSPE Stakeholder Comments Thursday, September 18th, 2008 12:00 noon Presentation by Alan Gibbs discussing primary intent of meeting to hear public feedback on Zero-Rise draft ordinance. Open Forum: 1. Stated need for Tree Ordinance to protect trees from possible removal in part due to this requirement. Mr. Gibbs indicated that staff had been directed to pursue a Tree Ordinance, though it would be separate from this amendment. A tree preservation ordinance would help ensure that an increase in tree removal would not be an intended consequence of this proposed requirement. 2. Question if detention would be necessary for future development if this requirement is in place. Mr. Gibbs indicated that detention would most often still be necessary as it is currently. Meeting closed 1:00 pm. 134 “Updated” Zero-Rise Floodplain Stakeholder Meeting Tuesday, September 30th, 2008 6:00 pm Staff present: City Engineer Alan Gibbs, Sr. Assistant City Engineer Carol Cotter, Director of Planning & Development Services Bob Cowell, Neighborhood Services Coordinator Barbara Moore, Assistant Director of Parks & Recreation David Schmitz, Greenways Program Manager Venessa Garza, First Assistant City Attorney Mary Ann Powell, Staff Assistant Amber Carter City Council Members present: John Crompton, Lawrence Stewart Others present: Veronica Morgan, Joel Mitchell, Chuck Ellison, Hunter Goodwin, David Olson, Edsel Jones, David Scarmardo, Tony Jones, Chris Wilde, Barbara Winckler, Mike Hester, Scott Schafer, Don Jones, Jeremy Peters, Paul Kasper, Dale Browne, David Schmitz, Rebecca Riggs, James Batenhaust, Joe Schultz, Sherry Ellison, Chris Harris, Kim Jacobs, Joe Seago, Christina Smith and Jessica Guidry Introduction by Barbara Moore. Presentation by Alan Gibbs discussing primary intent of meeting to hear public feedback on Zero-Rise draft ordinance. Mr. Gibbs gave background and timeline of how zero-rise draft ordinance came about as directed by City Council. Staff has been seeking stakeholder input and would like to take this compilation of information to City Council by November to December. Intent of zero-rise draft ordinance is primarily public health & safety. Mr. Gibbs then presented an explanation and definition of some terms related to zero-rise ordinance. Currently, the City of College Station allows encroachment into fringe which causes a one-foot surcharge. Also, he discussed certain forms of mitigation when development occurs. The City also requires elevation certificates. The proposed draft ordinance would change that to a zero-rise requirement applied to floodway, having some benefits as well as drawbacks to the public and development community. Benefits discussed include additional safety for the public good as it would be more difficult to build in the fringe. Drawbacks discussed include the idea of unintended consequences of draft ordinance such as mitigation causing additional vegetation removal as well as additional excavation. 135 Open forum: 3. Discussion that “No Adverse Impacts Toolkit” allowed a range of options to demonstrate – not only this requirement. After initial presentation brought about discussion regarding the difference between zero-rise and the idea of “no adverse impact” and which was more restrictive. Mr. Gibbs stated that no adverse impact is broader, zero-rise being one tool which can be utilized toward reaching the goal of no adverse impact. Veronica Morgan stated that after attending a seminar with the gentleman who wrote the No Adverse Impact Tool Kit to define no adverse impact, the intent of the authors was not to utilize all tools to reach that goal, only the ones applicable. The question was raised by Chuck Ellison that if the City standard is no adverse impact, why zero-rise would be the tool chosen to be used. Mr. Gibbs advised that if the council decides to adopt some of the tools available to meet that no adverse impact goal, they may draft them in many different ways. 4. Question if this requirement would help or impact the environment. The topic was raised as to what affects the proposed ordinance would have on the environment, and staff advised that the flood hazard ordinance as drafted is specific to engineering issues from a public safety standpoint, and there may need to be a broader discussion if for example, animal and plant habitat is the concern. Bob Cowell advised that this issue can be addressed in other ordinances. 5. Concern as to how the Floodplain and Streams Land Use areas were mapped, because there are areas in which FEMA has not completed a hundred year flood study. Hunter Goodwin voiced a concern as to how the maps that the city has presented as Land Use Floodplain and Streams areas were drafted, because there are areas in which FEMA has not completed a hundred year flood study, yet the areas are still drawn as Floodplain and Streams. Staff presented that the current Land Use Floodplain and Streams is a conglomeration of FEMA studies, some in house studies, and Greenways 136 areas. Mr. Goodwin expressed concern that the City was protecting an ambiguous line. 6. Discussion of the history and intent of the Greenways program. Discussion then turned to the history of the Greenways program and its intended purpose. Veronica Morgan stated that the history behind the local program was to provide a mechanism for the City to purchase land on the fringe in order to provide for amenities for the city, that it was not intended for the land to be dedicated to the City by the development community. 7. Concern that there was little scientific data to back up the Land Use Floodplains and Streams, yet the city could take land from developers without adequate compensation. Mr. Goodwin again expressed concern that there was little scientific data to back up the City Land Use Mapping of Floodplains and Streams, yet the city could take land from developers without adequate compensation. Mr. Cowell stated that rezoning is a discretionary decision made by the Planning & Zoning Commission and the City Council. Certain zoning designations do significantly reduce the uses available to property owners, but that is in fact what zoning has always done. Mr. Cowell stated that monies are still available for the Greenways program to purchase land in floodplain areas from developers, but the city has few choices if the developer chooses not to sell. 8. Question if the May 22nd Council vote was unanimous. When queried about the directive from Council at the May 22nd, 2008 meeting, there was interest whether the vote was unanimous from Council. It was confirmed that the vote was unanimous. 9. Question was raised regarding the change in process due to the draft ordinance. The question was raised regarding what exactly the change in process is going to be once the draft ordinance is enacted. Staff advised that the change would be in Chapter 13 Flood Hazard Protection Ordinance. Developers would have to mitigate in FEMA Special Flood Hazard Areas 137 to get back to a zero rise. Staff also stated that this was not a moratorium on development in the floodplain, but that it would raise the requirements to develop in floodplain. Mr. Gibbs stated that there were admittedly mapping challenges faced by the City as well as challenges in dealing with the data available. City staff is working with FEMA for a Map Modernization project which a draft should be made available in December and will be a significant move toward greater accuracy, though Council may still choose to widen the associated land use. 10. Question if Council’s catalyst was based on a finding of imminent harm or destruction. Mr. Ellison questioned whether this was all based on any finding of imminent harm or destruction. Staff stated that the primary motivator is health & safety of the public, as well as a concern for future maintenance costs for bridges, culverts and other public infrastructure. 11. Question if this requirement would apply to the extraterritorial jurisdiction. Mr. Ellison also questioned whether this ordinance would have any affect upon the extraterritorial jurisdiction. Staff advised that the Interlocal Agreement with Brazos County is silent to Floodplains, though the County Engineer has written to the City an intent for the County to retain the authority to administer Floodplain in the ETJ. So under the current regulations it would not apply, but this arrangement with the County may change. 12. Question as to the effect that this ordinance may have on current projects (vesting). The question was raised as to the effect that this ordinance may have on projects that were currently underway which might not be vested and whether construction would be expected to stop on projects that had already obtained permits. The concern was for clarity in the question of timelines for when and where this change would be enacted in the interest of retaining investments in current projects. Staff stated that they had hoped for a clean definition for currently ongoing projects, but as the vesting statute stands it may not be possible to exhaustively define. This would unfortunately be forced to be decided on a case-by-case basis. 138 Concern was also voiced by Mr. Ellison that there does not appear to be any standard by which those case-by-case decisions are made. Mary Ann Powell stated that each case would depend upon state law. Mr. Gibbs stated that he couldn’t imagine this ordinance stopping a permitted project that was under construction. Mr. Ellison stated that the development community would like some sense of how this would affect their daily lives and that a common, clear interpretation would certainly save time and cut down upon confusion. 13. Question if developers should be advised not develop. Ms. Morgan questioned staff about whether she needed to advise her clients who currently were underway for projects in the floodplain to (not develop). 14. Question if staff would be able to exercise future discretion based on past approvals. She also queried staff on whether staff would be able to exercise future discretion based on past approvals. Mr. Gibbs stated that staff does not have the discretion to waive an ordinance set down by council, and that state law defines vesting. 15. Question if the amendment would apply to City Projects. Don Jones asked if this new ordinance would apply to City Projects. He said that if so, several projects may not have been able to be constructed such as Wolf Pen Amphitheater, pedestrian bridges, etc. Mr. Gibbs and Mr. Cowell confirmed that city projects would be affected, at which point Ms. Morgan pointed out that the cost to the taxpayers for additional construction and mitigation for public projects should also be considered. The point was raised that there are many newly completed projects that would perhaps not have happened had this ordinance been in place at the time of development. 16. Comment of unintended consequences. Ms. Morgan brought up the point of unintended consequences. She stated that developers in the area were not necessarily opposed to the goal, but to the measures. 139 Staff advised that they were open to suggestions for language and alternatives to be used for writing the draft in other ways. 17. Suggestion to exempt a rise that can be contained on developer’s subject property. Ms. Morgan suggested that if all rise can be contained on property, ensuring that at both ends of property there was a zero rise, the City would benefit. The point was raised that there are always upstream and downstream impacts. Joel Mitchell stated that the goal of this ordinance is to have no effect on your neighbor. 18. A rhetorical question was raised as to how development can even be allowed in areas that are prone to flood, as it would be a safety issue. 19. Question of the motivation of council for raising this policy. Mr. Goodwin questioned the motivation of council for raising this policy issue. Mr. Gibbs stated that in addition to health and safety he believed broader issues of preservation of floodplains were in part the intent. All present were advised by staff that their input regarding this draft ordinance was actively sought and would be reviewed. Meeting closed 7:30pm. 20. A request for the effective date to be 90 days or more after Council action on the proposed ordinance amendment, if approved. Following the formal meeting, Mr. Ellison asked what the anticipated enactment or effective date was for the proposed ordinance amendment. Mr. Gibbs stated a tentative intent to bring a discussion to Planning and Zoning Commission in October and to Council in November for consideration. Mr. Gibbs further stated ordinance amendments may be written to be effective immediately upon Council action or have a stated effective date such as 10 days after the Council action, and it would be Council’s discretion to extend as they saw fit. Mr. Ellison and Mr. Scarmardo requested Council to consider a 90 day or greater after 140 Council action to allow developers a window to submit projects privately in progress. 21. A comment that the amendment is not needed. Mr. Goodwin provided a comment card which stated the following. “This ordinance is not needed. We are only attempting to pass this to provide more subjectivity to Politicians regarding their interpretation of ‘Adverse Impact’. Why is this necessary? What do we gain?” 141 November 5, 2008 Regular Agenda Item 4 Victoria 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 Land Use Plan element of the Comprehensive Plan from Single- Family Medium Density and Floodplains & Streams to Regional Retail, Office and Residential Attached for 31.19 acres generally located at the northeast corner of William D. Fitch and its future intersection with Victoria Avenue. Recommendation(s): The Planning & Zoning Commission heard this item at their October 16, 2008 regular meeting and unanimously recommended denial of this request with a vote of 7-0. Staff also recommended denial of the request due to a lack of changed conditions in the area and incompatibility with the remainder of the Comprehensive Plan. Summary: The request was analyzed based on the following review criteria: Review Criteria 1. Changed or changing conditions in the subject area or the City: The development that has occurred in this area has been in accordance with the Comprehensive Plan and, because of this, is not considered a changed condition, as it was anticipated by the Plan. Since the adoption of the Comprehensive Plan, the area has experienced development of primarily single-family residential subdivisions, including Castlegate, Castlerock, Reatta Meadows, and the extension of the Shenandoah Subdivision. The Comprehensive Plan was amended in this area in 2001 with the South College Station Thoroughfare Plan Update. The amendment included several thoroughfare re- alignments and altered the proposed land uses in the area. The amendments that specifically affected this tract include: § The future extension of Victoria Avenue intersecting with William D. Fitch Parkway with a grade separated intersection, § The addition of Castlerock Parkway, which will terminate at Victoria Avenue, and § The addition of Regional Retail land use designation on several tracts along William D. Fitch Parkway, including the vacant tract located directly west of the subject property, across the future extension of Victoria Avenue. The Land Use Plan was amended in this area to respond to the amended Thoroughfare Plan. And while William D. Fitch Parkway was not constructed at the time that the property was designated as Single-Family Medium Density on the Land Use Plan, it can be assumed that the land uses and thoroughfares were proposed in order to support one another. William D. Fitch Parkway (State Highway 40) was completed in 2006 to the south of this tract, creating its street frontage. Castlerock Subdivision began development to the east 142 of the adjacent floodplain in 2007, extending Castlerock Parkway to the subject property. In 2007, City Council approved a Land Use Plan Amendment and rezoning for office uses on approximately 3.6 acres just to the east of the adjacent floodplain on the perimeter of the Castlerock Subdivision. 2. Compatibility with the remainder of the Comprehensive Plan: The requested Residential Attached land use designation is intended for exclusively multi-family residential developments, with densities ranging from 10-20 dwelling units per acre. These areas are generally developed as apartment complexes or duplex subdivisions. It has been the City’s policy to locate multi-family zoning districts within one mile of Texas A&M University. Areas closer to the University allow residents the option of biking or walking to campus and retail services, and generally have access to the University bus system. The Comprehensive Plan states that the purpose of the Regional Retail land use designation is to provide for areas permitting regional scale development of tax- generating developments such as retail centers, service commercial, restaurants, etc. These uses are generally dependent on good access to highways and major arterials. It has been the City’s policy to focus this type of development at major intersections. The proposed location of the Regional Retail designation is at the intersection of William D. Fitch Parkway and the future extension of Victoria Avenue. This intersection is proposed to have a grade separation in the future. The Regional Retail designation is proposed to be separated from the existing Single-Family Medium Density designation to the north by the extension of Castlerock Parkway, a minor collector on the City’s Thoroughfare Plan. The proposed Office designation is intended for areas permitting medium-scale development of tax-generating developments such as office parks, corporate offices, and office lease space. These uses are usually dependent on good access to highways and local arterials. The proposed Office land use would take access to Castlerock Parkway, a minor collector on the Thoroughfare Plan. Office uses are generally compatible with the proposed adjacent Regional Retail and Residential Attached land uses. The proposal includes reclassification of a significant amount of floodplain to Regional Retail and Office. The Comprehensive Plan states that the 100-year floodplain, as defined by the Federal Emergency management Agency (FEMA), and other additional areas reserved for open space, be designated as Floodplains & Streams. In this area, no additional areas have been identified for open space. The floodplain on this property, as well as the adjacent floodplain on the property to the east, provides for a natural buffer. Budget & Financial Summary: None Attachments: 1. Small Area Map & Aerial 2. Proposed Land Use Plan Amendment 3. Draft Planning & Zoning Commission Meeting minutes, October 16, 2008 4. Ordinance 143 144 145 146 October 16, 2008 P&Z Regular Meeting Minutes Page 1 of 1 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, October 16, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas Regular Agenda: 7. Public hearing, presentation, possible action and discussion regarding a Comprehensive Plan Amendment - Land Use for 31.19 acres located at 513 William D. Fitch Parkway, and more generally located on the northeast corner of William D. Fitch Parkway and its future intersection with Victoria Avenue, from Single-Family Residential Medium Density and Floodplains & Streams to Regional Retail, Office, and Residential Attached. Case #08-00500212 (JP) Jennifer Prochazka, Senior Planner, presented the Comprehensive Plan Amendment and recommended denial. There was general discussion regarding the Comprehensive Plan Amendment. Chairman Nichols opened the public hearing. Joe Schultz, 3208 Innsbruck, College Station, Texas, stated that the geometry of the property is not good for single-family residential. Wallace Phillips, 13720 Hopes Creek Road, College Station, Texas, stated that residential attached would be a good land use next to the new high school. He also said that general commercial would generate too much traffic. Chairman Nichols closed the public hearing. Commissioner Davis stated that it does not meet the goals of the Comprehensive Plan and it is too early to make these changes. Commissioner Stearns stated that there is already too much retail regional designation and he believes the level of density is too far out. Commissioner Davis motioned to recommend denial. Commissioner Stearns seconded the motion, motion passed (7-0). 147 ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE LAND USE PLAN, FOR THE AREA LOCATED ON THE NORTHEAST CORNER OF WILLIAM D. FITCH PARKWAY AND ITS FUTURE INTERSECTION WITH VICTORIA AVENUE, 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 : PART 2: PART 3: That the "Comprehensive Plan of the City of College Station" be amended by amending the "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. 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. 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 5Ih day of November, 2008. ATTEST: City Secretary APPROVED: 1 APPROVED: MAYOR 148 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 3 1.19 acres, generally located on the northeast corner of William D. Fitch Parkway and its future intersection with Victoria Avenue, is amended from Single-Family Residential Medium Density and Floodplains & Streams to Regional Retail, Office, and Residential Attached, as shown on the attached Exhibit "B". 149 I Ram-Atmdmd R*aU R*nm B Rd S.F. Reak&did Him hr&+ S.F. RllldenlplLmv~ S.F Re&dwUN&m TcosAaNUr&ulmly t I Vioria at W.D. Fitch Land Use Plan Amendment ~a&: 08-2 1 2 150 November 5, 2008 Regular Agenda Item 5 Ch. 13 Flood Hazard Protection – FEMA Required Updates - Housekeeping To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Public Hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 2: Definitions, Section 5-B: Establishment of Areas of Special Flood Hazard Area, and Section 5-E: Special Provisions for Areas of Special Flood Hazard. Recommendation(s): Staff recommends approval of this ordinance amendment. Summary: Staff met with a National Flood Insurance Program (NFIP) Coordinator with the Texas Water Development Board on August 18, 2008 where the state conducted a Community Assistance Visit (CAV) for FEMA. CAVs are conducted as a review of local floodplain management practices and to assist communities regarding their participation in the NFIP as it pertains to complying with FEMA's minimum standards. Following this meeting, the NFIP Coordinator reviewed our local Ch. 13 Flood Hazard Protection Ordinance. The following proposed ordinance amendments were identified needing to be updated to meet FEMA minimum standards. Note that draft copies of the proposed ordinance amendment were made available to the stakeholders. The first was the September 18, 2008 local chapters’ luncheon of the American Society of Civil Engineers and Texas Society of Professional Engineers which was advertised through the local chapters. The second was the September 30, 2008 Zero-Rise Stakeholder Meeting which was advertised through developer and neighborhood email lists. The primary purpose of the stakeholder meetings was the proposed Zero-Rise amendment and there was essentially no comment on the FEMA required Housekeeping amendments. Budget & Financial Summary: N/A Attachments: 1. Ordinance 151 O/group/legal/ordinance/amendmentform.doc ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 13, “FLOOD HAZARD PROTECTION”, 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 13, “Flood Hazard Protection”, 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 35 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 Mary Ann Powell VERIFY authenticity with ApproveIt _______________________________ City Attorney 152 ORDINANCE NO.__________________ Page 2 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “A” That Chapter 13, “Flood Hazard Protection”, Section 2, “Definitions”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding the following definitions as set out hereafter to read as follows: “BASE FLOOD ELEVATION (BFE) - shall mean the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOODPROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs.” 153 ORDINANCE NO.__________________ Page 3 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “B” That Chapter 13, “Flood Hazard Protection”, Section 5, “Special Provisions”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by replacing Section 5-B, “Establishment of Areas of Special Flood Hazard Area” as set out hereafter to read as follows: “The areas of special flood hazard identified by the Federal Emergency Management Agency in the current effective scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Brazos County, Texas and Incorporated Areas, dated February 9, 2000, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated February 9, 2000, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.” 154 ORDINANCE NO.__________________ Page 4 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “C” That Chapter 13, “Flood Hazard Protection”, Section 5, “Special Provisions”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by replacing Section 5-E, “Special Provisions for Areas of Special Flood Hazard”, Subsection (1) as set out hereafter to read as follows: “(1) All new construction, any substantial improvement to a structure, and appurtenances shall be constructed in such a manner as to minimize flood damage and provide adequate drainage; and, all electrical, heating, ventilation, pluming, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;” 155 ORDINANCE NO.__________________ Page 5 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “D” That Chapter 13, “Flood Hazard Protection”, Section 5, “Special Provisions”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by replacing Section 5-E, “Special Provisions for Areas of Special Flood Hazard”, Subsection (8) as set out hereafter to read as follows: “(8) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered pro- fessional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters;” 156 ORDINANCE NO.__________________ Page 6 h\c:\docume~1\hmigl\locals~1\temp\ordinance.doc 10/30/08 EXHIBIT “E” That Chapter 13, “Flood Hazard Protection”, Section 5, “Special Provisions”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding Section 5-E, “Special Provisions for Areas of Special Flood Hazard”, Subsection (11) as set out hereafter to read as follows: “(11) In A1-30, AH, and AE Zones [or areas of special hazard], all recreational vehicles to be placed on a site must (i) be elevated and anchored; and (ii) be on the site for less than 180 consecutive days; and (iii) be fully licensed and highway ready.” 157 November 5, 2008 Regular Agenda Item 6 3227 Rock Prairie Road West – 20 ft Public Utility Easement Abandonment To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 20-foot wide public utility easement, which is centered on the lot line between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park, Phase 1 Subdivision according to the plat recorded in Volume 6121, Page 222 of the Deed Records of Brazos County, Texas. Recommendation(s): Staff recommends approval of the ordinance. Summary: This easement abandonment accommodates the development of this subject tract as Aggie Pet Zone. There are no public or private utilities in the subject portion of easement to be abandoned. The 20-foot wide public utility easement to be abandoned is centered on the lot line between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park, Phase 1 Subdivision according to the plat recorded in Volume 6121, Page 222 of the Deed Records of Brazos County, Texas. Budget & Financial Summary: N/A Attachments: 1. Attachment 1 - Vicinity Map 2. Attachment 2 - Location Map 3. Attachment 3 - Ordinance 4. Attachment 4 - Ordinance Exhibit "A" 5. Application for Abandonment (On file with the City Secretary) 158 159 160 C:\DOCUME~1\hmigl\LOCALS~1\Temp\Ordinance.docC:\DOCUME~1\hmigl\LOCALS~1\Temp\Ordinance.doc ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 20 FOOT PUBLIC UTILITY EASEMENT, SAID EASEMENT CENTERED ON THE LOT LINE BETWEEN LOTS 6R AND 7R, BLOCK 2, OF ROCK PRAIRIE WEST BUSINESS PARK, PHASE 1 SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 6121, PAGE 222 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 20 foot wide public utility easement, said easement centered on the lot line between Lots 6R and 7R, Block 2, of Rock Prairie West Business Park, Phase 1 Subdivision, according to the plat recorded in Volume 6121, Page 222, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Easement will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Easement. 3. There is no anticipated future public need or use for the Easement. 4. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers. PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated by the City. 161 C:\DOCUME~1\hmigl\LOCALS~1\Temp\Ordinance.doc ORDINANCE NO. __________________ Page 2 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 162 METES AND BOUNDS DESCRIPTION OF A 0.152 ACRE TRACT (20' WIDE P.U.E.) ROCK PRAIRIE WEST BUSINESS PARK, PHASE I CRAWFORD BURNETT LEAGUE, A-7 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.152 acre tract or parcel of land, being a 20' wide public utility easement, and being a portion out of Lot 6R and Lot 7R, Block Two, Rock Prairie Business Park, Phase I, as depicted by plat recorded in VOLUME 6 12 1 PAGE 222 of the Official Records of Brazos County, Texas, said 0.152 acre tract being more particularly described as follows: BEGINNING: at a point for the northeast corner of said Lot 6R, the northwest corner of said Lot 7R, and lying in the southeast right-of-way line of Rock Prairie Road West; THENCE N 44" 22' 00" E - 10.00 feet with said right-of-way line to a point for corner; THENCE S 45" 38' 02" E - 330.63 feet across said Lot 7R to a point for corner; THENCE S 44" 22' 00" W - 10.00 feet across said Lot 7R to a point for the southeast corner of Lot 6R; THENCE S 44" 22' 00" W - 10.00 feet with the southeast line of said Lot 6R to a point for corner; THENCE N 45" 38' 02" W - 330.63 feet across said Lot 6R to a point for corner in said right-of-way line; THENCE N 44" 22' 00" E - 10.00 feet with said right-of-way line to the PLACE OF BEGINNING, and containing 0.152 acres of land. BASIS OF BEARING: Plat of Rock Prairie West Business Park, Phase I, as recorded in VOLUME 6 12 1 PAGE 222. N.B.- See Exhibit Drawing issued this date for additional information. September 2008 I Adams, Taggart and Associates College Slation, Texas Prepared by: Gregory 163