HomeMy WebLinkAbout01/24/2008 - Workshop Agenda Packet - City Council (2)Mayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Ron Gay Lynn McIlhaney
City Manager Chris Scotti
Glenn Brown David Ruesink
Amended Agenda
College Station City Council
Regular Meeting
Thursday, January 24, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation
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 12:45 p.m. Please limit remarks to three
minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your
remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue
on a future agenda. Topics of operational concerns shall be directed to the City Manager.
ON BEHALF OF THE CITIZENS OF COLLEGE STATION, HOME OF TEXAS A&M UNIVERSITY, WE WILL CONTINUE
TO PROMOTE AND ADVANCE THE COMMUNITY'S QUALITY OF LIFE.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a
public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item.
Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will
recognize individuals who wish to come forward to speak for or against the item. The speaker will state
their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to
signal thirty seconds remaining for remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote
of the Council.
a. Presentation, possible action and discussion of minutes for City Council Regular Meeting December
13, 2007, special meeting December 20, 2007 and regular meeting January 10, 2008.
b. Presentation, possible action, and discussion regarding a renewal for an Agreement for Services with
the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues and
programs (contract number 07-102) in an amount not to exceed $122,770.00.
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City Council Regular Meeting Page 2
Thursday, January 24, 2008
c. Presentation, possible action and discussion on approving annual tire purchases from the State of Texas
(TXMAS) Tire Contract in the amount of $108,000.00 through Pilgers Tire & Auto in College Station.
d. Presentation, possible action and discussion on annual price agreement renewal for purchase of various
automotive and truck parts. This is the first of two renewal options. Bid #07-23.
e. Presentation, discussion and possible action on approving the purchase of concrete meter boxes with
Sims Plastics of Waco to be maintained in inventory, Bid No. 08-20, for an annual expenditure of
$88,191.75. Annual agreement to begin January 28, 2008 and expire January 27, 2008.
f. Presentation, possible action and discussion to approve an annual purchase order for disposal of heavy
brush at the City of Bryan Composting Facility in the amount of $56,681.66. This item is exempt from
competitive bidding as described in Texas Local Government Code, Chapter 252.022; and other
expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000.
g. Presentation, possible action and discussion regarding renewal of an annual price agreement with
Cleveland Asphalt Products in an amount not to exceed $212,800 to provide emulsified asphalt for the
maintenance of streets.
h. Presentation, possible action, and discussion to award Contract 08-099 to HDR Engineers, Inc. in the
amount of $203,300 to update the water and wastewater system master plans.
i. Presentation, discussion and possible action on a funding agreement between the City of College
Station and the Northgate District Association for FY08 in the amount of $25,000; and presentation,
discussion and possible action on approving the budget of the Northgate District Association.
j. Presentation, possible action and discussion regarding Texas Commission on Environmental Quality
(TCEQ) General Permit to Discharge Under the Texas Pollutant Discharge Elimination System (TPDES)
No. TXR040000.
k. Presentation, possible action and discussion regarding the approval of a resolution for a contract
amendment to the contract for consulting services (Contract #08-041) with Kendig Keast Collaborative for
the preparation of Phase II of a new Comprehensive Plan.
l. Presentation, possible action, and discussion approving a Resolution Determining Need that identifies
three tracts of land needed for the Raintree Greenways Project.
m. Presentation, possible action and discussion regarding the approval of a resolution accepting the terms
and conditions in the Letter of Acknowledgement from the Heart of Texas Regional Advisory Council and
accept the Office of Assistant Secretary of Preparedness and Response (OASPR) Grant in the amount of
$56,600.00.
n. Presentation, possible action, and discussion on a resolution authorizing the Mayor to sign an Interlocal
Agreement to participate in the funding for a modeler position at the Bryan-College Station Metropolitan
Planning Organization (BCSMPO). Annual cost to the City of College Station is $15,000.
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City Council Regular Meeting Page 3
Thursday, January 24, 2008
o. Presentation, possible action, and discussion regarding a resolution adopting Green College Station
Policy.
p. Presentation, possible action and discussion of a job description defining the responsibilities of
members of the CIP Citizen Advisory Committee.
q. Presentation, possible action, and discussion regarding a resolution supporting a coalition of counties,
cities and other partners for the purpose of proposing a preferred Interstate 69 alignment for TxDOT’s
consideration.
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. Presentation, possible action, and discussion regarding a recommendation to rename Central Park in
College Station, to “Stephen C. Beachy Central Park”.
2. Public hearing, presentation, possible action, and discussion regarding the service plan for six areas
identified for annexation under the exempt status.
3. Public hearing, presentation, possible action, and discussion on a Rezoning from R-1 Single-Family
Residential to PDD Planned Development District and A-O Agricultural-Open for 3.67 acres located at 124
Morgans Lane, generally located at Morgans Lane and the future Dartmouth Street extension.
4. Presentation, public Hearing, possible action, and discussion on consideration of an ordinance
amending Chapter 10, “Traffic Code,” to restrict parking on the west side of Holik Street between Anna
Street and Park Place.
5. Presentation, public hearing, discussion, and possible action on consideration of an ordinance
amending Chapter 10, “Traffic Code,” to restrict parking on the north side of Redmond Drive between
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City Council Regular Meeting Page 4
Thursday, January 24, 2008
Lenert Circle and Rosemary Lane and on the west side of Rosemary Lane between Redmond Drive and
Milliff Road.
6. Presentation, public hearing, possible action, and discussion on consideration of an ordinance
amending Chapter 10, “Traffic Code,” to restrict parking on the north side of University Oaks Boulevard
beginning 505 feet east of George Bush Drive East and extending 560 feet east.
7. Public Hearing, possible action, and discussion on an ordinance Budget Amendment #1 amending
ordinance number 2999 which will amend the budget for the 2007-2008 Fiscal Year and authorizing
amended expenditures in the amount of $1,059,823.
8. Presentation, public hearing, discussion and possible action, regarding an Oil and Gas Operations
Permit for the Smith-Mohawk Unit, Well #1 Re-Entry as requested by the operator, Ogden Resources, Ltd.
of Bryan, Texas.
9. Presentation, public hearing, possible action, and discussion regarding an ordinance approving the
Settlement Agreement between ACSC and Atmos regarding the Company's Statement of Intent to increase
rates and to approve tariffs that implement the terms of the Settlement Agreement.
10. Presentation, possible action and discussion regarding approval of an annual contract with either
Knife River or Brazos Valley Services for Item 1 - the Installation of Hot Mix Asphalt Concrete and Item 2
- MC-30/AEP Emulsified Asphalt after a tie-breaker has been administered to determine the award of the
bid. The cost for the total of Item 1 and Item 2 is not to exceed $632,250.00. The approval of a contract
with Brazos Valley Services for Item 3 – the purchase of RC-2 Winter Patch Asphalt is recommended at a
cost not to exceed $7,500.00.
11. Presentation, possible action, and discussion regarding a nomination to the Board of Managers of
the Brazos County Emergency Communications District.
12. Presentation, possible action, and discussion on the acceptance of a tax freeze petition certified by
the City Secretary.
13. Presentation, possible action, and discussion on the charter amendment petition certified by the City
Secretary.
14. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be
held.
APPROVED:
________________________________
City Manager
4
City Council Regular Meeting Page 5
Thursday, January 24, 2008
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas
will be held on the Thursday, January 24, 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 21st day of January, 2008 at 2:45 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 January 21, 2008 at 2:45 pm and remained so posted continuously
for at least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the
following date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2008.
By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2008.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3517
or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are broadcast
live on Cable Access Channel 19.
5
January 24, 2008
Consent Agenda Item 2b
Agreement with the Brazos Valley Softball Umpires Association
for Officiating Services for Athletic Leagues and Programs.
To: Glenn Brown, City Manager
From: Warren Struss, Interim Director of Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a renewal of an
Agreement for Services with the Brazos Valley Softball Umpires Association to provide
officiating services for City athletic leagues and programs (contract number 07-102) in an
amount not to exceed $122,770.00
Recommendation(s): Staff recommends Approval of the renewal with the Brazos
Valley Softball Umpires Association
Summary: This is a renewal of contract 07-102 originally approved by council on January
25, 2007. The contract is for all officiating services for all City operated athletic leagues and
programs, including Adult and Youth Softball, Adult and Youth Flag Football, Adult and
Youth Volleyball and Youth Basketball.
This renewal will expire on December 31, 2008.
This agreement is exempt from competitive bidding in accordance with LGC 252.022(a)(7),
a procurement that is available from only one source.
Budget & Financial Summary: Funds are budgeted and available in the City general
fund budget of the Parks & Recreation Department. These costs are partially offset by
registration fees adopted by the City Council on December 4, 2007 (Item 7). The affected
programs all meet the current Fiscal Policy for cost recovery. The contract is for a total
amount not to exceed $122,770.00 for all leagues and programs.
Attachments:
1) Renewal for Contract # 07-102
2) Insurance for Brazos Valley Umpires Association
6
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RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew contract #07-102, for $122,770.00 in
accordance with all terms and conditions previously agreed to and accepted.
I understand this renewal term will be for the period beginning January 1,2008 through
December 3 1,2008
Brazos Valley Softball Umpires Association
CITY OF COLLEGE STATION
Mayor DATE
ATTEST:
City Secretary DATE
APPROVED:
City Manager DATE
City Attorney DATE
Chief Financial Officer DATE
7
STATE OF TEXAS CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,200,
by in hisher capacity as of
, a TEXAS Corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,200,
by , in his capacity as Mayor of the City of College Station, a Texas
home-rule municipality, on behalf of said municipality.
Notary Public in and for the
State of Texas
8
CERTIFICATE
PRODUCER
Bollinger , Inc .
101 JE'K Parkway
Short Hills ~~07078-5000
Phone: 800-526-1379 Fax: 973-921-2876
LIABILITY INSURANCE OP M2
ASAUS-1
INSURED
DATE (MMDIYYYYI
01/07/08
ASA/USA Softball Association
THlS CERfIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THlS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Mark Loehrs
2801 NE 50th Street
Oklahoma City OK 73111
INSURERSAFFORDING COVERAGE 1 NPJC # 1
INSURER C I
INSURER k Markel Insurance Company
INSURER 8:
INSURER D: I
38970
,..--. .-.-. I I
COVERAGES----.-.---
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDlNG
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THlS CERTlFlCATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRJBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONSAND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CWMS.
Incl Participants
GEN'L AGGREGATE UMlT PPUES PER:1POUCY JECT LOC
AmOMOSILE WILIPI
m
ANY AUTO
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NOKOWNEDAUTOS
POUCY EFFECTIVE
DATE (MMONY)
01/01/08
POUCY EXPIRATION
DATE (MMIDDIYY)
01/01/09
PERSOW a AOV INJURY (r 1,000,000
GENERAL AGGREGATE I$ 5.000.000
rn pol.
COMBINED SINGLE UMlT
(Ea accident)
WPE OF INSURANCE
GENERALUIBIW
X COMMERCIAL GENERAL UABIUTY
) I CWMSWE OCCUR
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UMITS
BODILY WURY
(Per person)
POUCY NUMBER
3602AH230069
NSRD
EACH OCCURRENCE
-kncej
MED EXP (hy OM penon)
BODILY WURY
k 2,000,000
B 300,000
B 10,000
~ -
GARAGE UbglLIPI
ANY AUTO
EXCESWMBREW WlUTY7OCCUR CWMShV.DE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATIONPlHO
EMPLOYERS' UIBlLiW
ANY PROPRIETOF2PbRTNERBECUTM
OFFICEWEMEER D(CLUDED7
U yes.descrlbeunder
SPECIAL PROVlSlONS belw
OTHER
JESCRIPTION OF OPERATIONS ILOCATIONSIYEHICLESI
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CERTIFICATE HOLDER CANCELLATION
Coverage is provided under this policy for umpire associations that are
comparised of 100% ASA Registered umpires.
EXCWSIONS ADDED BY ENDORSEMENTISPECIAL
BRAZOS
Brazos Valley Softball
Umpires Association
SHOULD MY OF THE MOVE DESCRIBEDPOUCIES BE CMCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISBUINO INSURER WILL ENDEAVORTOMAIL 30 OAYSWW~N
NOT~CETO THE CERTIFICATE HOUER WED TO ME LEFT, ~mFAILURE TO DO 80 SHALL
IMPOSE NO OBUOATION OR WlUM OF MY KIND UPON THE INSURER, IlX M)ENll OR
REPRESENrAITIYES.
PROV1SlONS
4CORD 25 (2001108) ACORD CORPORATION 1988
$
5
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$
$
$
$
$
$
$
$
AUTO ONLY -EAACCIDENT
OTHER TW EAACC
AUTO ONLY: AGG
EACH OCCURRENCE
AGGREGATE
WC STATU
TORY UMlTS
OTK
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E.L.DlSEA3E -EA EMPLOYEE
EL. DISWE -POUCY UMlT
9
January 24, 2008
Consent Agenda 2c
Annual Price Agreement for Tires
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on approving annual tire purchases from the
State of Texas (TXMAS) Tire Contract in the amount of $108,000.00 through Pilgers Tire & Auto in College
Station.
Recommendation(s): Staff recommends approval of this amount to be purchased from the State of Texas
(TXMAS Contract #TXMAS-7-261020-40) Tire Contract through our existing supplier, Pilgers Tire and Auto.
The estimated amount of $108,000.00 is based on last years purchases with Pilgers.
Summary: Pilgers Tire & Auto originally quoted State of Texas contract pricing for the Fleet
departments tire purchases back in 2006 and since has been the local tire contract supplier for State of Texas
contract pricing. The contract #TXMAS-7-261020-40 terms and conditions are good from 1/19/2007 through
12/20/2011. This agreement is for a term of one year and renewable pursuant to the terms and conditions of the
State contract.
Budget & Financial Summary: Funds are available and budgeted in the Fleet Maintenance fund which is
funded by all other departments.
Attachments: Summary of TXMAS Contract #7-261020-40
10
1 PILGER'S TIRE &AUTO CENTER -TXMAS COiitract TXMAs:='=i61 020-40'"
1Ellective-Date:This Texas Multiple Award Schedule (TXMA~£ontract is effective oe-ginning -r
1/19/2007 through 12/20/2011 flIld is automatically renewed on the date that the General SerVices
Admliiistration (GSA)exercises the renewal option.All State of Texas terms and conditions will
continue and apply to all renewal periods by mutual agreement.The contractor has certified that the
prices reflected in the contractor's catalog are the same as the prices contained in the most current
modification to GSA Contract No.GS-30F-0009T.
Placement of Orders:Purchasing entities must use both the instructions on the contractor's web page
and the terms and conditions in the federal supply schedule to place orders.Purchasing entities may use
a either a departmental purchase order or the contractor's on-line ordering system to place orders.
Purchasing entities may opt out of using the contractor's on-line ordering system if it is incompatible
with the entity's purchasing procedures.The contractor is not required to accept orders below the
minimum listed below.Orders between the minimum and maximum listed below are subject to GSA
preferred customer pricing.For orders above the maximum,purchasing entities are entitled to negotiate
for lower prices than those listed on the on-line federal supply schedule price list.
Order Limitation:
Minimum Order:1 TIRE
Maximum Order:N/A
Approved Products/Services:Only products or services listed in the TBPC approved GSA contract
may be purchased from this TXMAS contract,with one exception.Incidental,off-schedule items may
be purchased as "best value,open market"items provided that they are necessary for product
integration or product completeness.The purchasing entity is responsible for ensuring that the quoted
price for such incidental items is fair and reasonable.These incidental items may oe added to the
TXMAS purchase order if they are clearly labeled as "open market (OM),best value"items.
State Contracts:All Texas Council for Purchasing from People with Disabilities contracts and Texas
Correctional Industries (TCI)term'contracts take precedence over this TXMAS contract.If similar
products or services are listed on this TXMAS contract and a TBPC term contract,a determination
should be made that will result in a best value purchase.
Payment Due Date:Payment will be due on the thirtieth (30)calendar day after the later of:(a)the
date the State actually receives a proper invoice at the office designated in the applicable purchase
order to receive it;or (b)the date the State accepts the products or services.The post mark date on the
envelope for the State warrant (State's equivalent to a check)or banking information showing when a
direct deposit transaction was received will be considered the date payment is made.Interest starts
accruing on the first day that payment is late.The rate of interest for late payments is set at one percent
per month.
Special Note:The State of Texas,including but not limited to its Agencies,cooperative purchasing
members and any local governmental entity authorized by law to use the Texas Multiple Award
Schedule method for purchasing is not obligated to procure any products or services from this TXMAS
contract.This schedule contract shall not be construed to prevent the State from purchasing products or
services using other procurement methods as authorized by law.
Contact Us
http://portal.tbpc.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40 7/18/200711
January 24, 2008
Consent Agenda 2d
Annual Auto and Truck Parts Renewal
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on annual price agreement
renewal for purchase of various automotive and truck parts. This is the first of two renewal
options. Bid #07-23.
Recommendation(s): Recommend award renewal to the lowest, responsible bidders meeting
specifications (by line item) as follows with annual estimated expenditures totaling $102,000.00
Napa Auto Parts $53,500.00
Truckmotive, Inc. $48,500.00
TOTAL $102,000.00
Summary: The purchase of various automotive and truck parts for City Departments will be
made from each of these annual blanket orders on an as needed basis throughout the year. The
City owns and maintains approximately 500 pieces of rolling vehicles and equipment. The term
of the renewal agreement is the first for up to one year with one renewal option left available.
Budget & Financial Summary: Purchases of parts are made through an inventory account
as budgeted and available in the Fleet Maintenance Funds. Charges are made to the various
departments for vehicle maintenance based on the average annual cost for each piece of
equipment.
Attachments: Signed renewal agreement letters.
12
...............................................................................
RENEWAL ACCEPTANCE
By signing herewith,I acknowledge and agree to renew Bid #07-23,for Various Automotive
Parts in accordance with all pricing,terms and conditions previously agreed to and accepted.
I understand this renewal term will be for the period beginning January 15,2008 through January
14,2009 and for the original amount of $53,500.00.
NAPA Auto Parts
Ab---
AUTHORIZED REPRESENTATIVE
CITY OF COLLEGE STATION
Mayor DATE
ATTEST:
City Secretary DATE
APPROVED:
DATE
Chief Financial Officer DATE
13
STATE OF TEXAS
COUNTY OF ~
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged on the 20 day of 1)2 c.e.m ~,2007,
by --.fhD""4 5 Pa.rJOVV in his/her capacity as -Pr-l6ideM,+-of
)I e ,a TEXAS Corporation,on behalf of said corporation.
ab~NA-PA.Avtv pt(;Y~
,~-:'~.~~y~AMANDA GRUESBECKI~~"!'~Notary Public.State of Texas
I..~.i..1 My Commission Expires
~~,fj,fj~~~$April 19.2009
STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,200 ,
by ,in his capacity as Mayor of the City of College Station,a Texas
home-rule municipality,on behalf of said municipality.
Notary Public in and for the
State of Texas
******************************************************************************
14
...............................................................................
RENEWAL ACCEPTANCE
By signing herewith,I acknowledge and agree to renew bid #07-23,for Various TrucklHeavy
Equipment Parts in accordance with all pricing,terms and conditions previously agreed to and
accepted.
I understand this renewal term will be for the period beginning January 15,2008 through January
14,2009 for the original amount of $48,500.00.
Truckmotive,Inc.
7~tJ~J ttS;J~t
AUTHORIZED REPRESENTATIVE
/J-:JC-07
DATE
CITY OF COLLEGE STATION
Mayor DATE
ATTEST:
City Secretary DATE
APPROVED:
DATE
j-/Q ~OO
DATE
Chief Financial Officer DATE
15
STATE OF TEXAS
COUNTY OF .f)L~Lenn4.LL
TIlls instrument was acknowledged on the 6I1t?day of fjp,~J.,200q 1
#f/».-J!;/.K!.~hislher capacity as P.u~jd~of
IruJ!..J_lntJ/-i vtR.'a TEXAS Corporation,£n tJehalf of said comoration.
CORPORATE ACKNOWLEDGMENT
[
0*****00.********..0****-
~~yN/I.'.."CINDY OPPELT:,.,,~...Q~!t
f~:£''?Notary Public.~.1J!(.:ttJ STATE OF TEXAS
.~~...~!.~":.!~~!~~I
STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrwnent was acknowledged on the day of ,200 ,
by ,in his capacity as Mayor of the City of College Station,a Texas
home-rule municipality,on behalf of said municipality.
Notary Public in and for the
State of Texas
******************************************************************************
16
NEW COVERSHEET FORMAT EXAMPLE 1
January 24, 2008
Consent Agenda Item 2e
Annual Concrete Meter Boxes
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, discussion and possible action on approving the purchase
of concrete meter boxes with Sims Plastics of Waco to be maintained in inventory, Bid No.
08-20, for an annual expenditure of $88,191.75. Annual agreement to begin January 28,
2008 and expire January 27, 2008.
Recommendation(s): Staff recommends award to the lowest, responsible bidder meeting
specifications as follows with annual estimated expenditures totaling $88,191.75.
I. Sims Plastics of Waco $ 88,191.75
II. Municipal Water Works Supply, L.P $ 91,661.75
Summary: These purchases will be made as needed during the term of the agreement.
The concrete meter boxes are maintained in Water Inventory in an inventory account and
expensed as necessary during the agreement period.
Budget & Financial Summary: Funds are budgeted and available in the Water Fund.
Various projects may be expensed as supplies are pulled from inventory and issued.
Attachments:
1 Bid Tabulation
17
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18
January 24, 2008
Consent Agenda 2f
Brush Disposal Contract
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion to approve an annual purchase
order for disposal of heavy brush at the City of Bryan Composting Facility. This item is exempt from
competitive bidding as described in Texas Local Government Code, Chapter 252.022; and other
expenditures for interlocal contracts or fees mandated by state law that are greater than $50,000
Recommendation(s): Staff recommends approval of the purchase request for the City of Bryan
Composting Facility in the amount of $59,681.66 for brush disposal.
Summary: The following purchases are available from one source and thereby exempt from
competitive bidding in accordance with LGC 252.022 (a) (7) (c) gas, water, and other utility
service. The Sanitation Division initiated clean green brush collection operations for residential
customers in 1994. This operation diverts brush and yard waste from disposal at the landfill and
transports it to the composting facility for recycling. The Sanitation Division has diverted over
28,000 tons of waste since program inception, and the tonnage disposed has increased annually
with growth in the City's residential areas.
The Sanitation Division is currently being charged $21.50 per ton for material disposed of at the
facility, and will expend approximately $51,600 for brush collected during FY08. The $8,081.66 is
needed to cover the FY07 expenditures due to a $3.25 tipping fee since May of 2007. In May of
2007 the tipping fee increased from $18.25 to $20.25.In October of 2007 the tipping fee increased
from $20.25 to $21.50.
Budget & Financial Summary: Funds are budgeted and available in the sanitation solid waste
fund, residential collection division.
Attachments: None
19
January 24, 2008
Consent Agenda Item 2g
Annual Price Agreement for the Purchase of Emulsified Asphalt
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding renewal
of an annual price agreement with Cleveland Asphalt Products in an amount not to
exceed $212,800 to provide emulsified asphalt for the maintenance of streets.
Recommendation(s): Staff recommends approval of the contract.
Summary: Cleveland Asphalt Products was the successful bidder for the FY2006
annual contract. Emulsified asphalt is used for the seal coat process, pothole repair
and maintenance of streets in the City. This FY2008 renewal is the second of two
optional annual renewals of the FY2006 contract (P.O. 060347). The contract
provides for up to a 5% increase for renewal. This renewal does not increase the
original contract amount. The annual price agreement supports maintenance
operations in the Street Maintenance Division.
Budget & Financial Summary: Funding is available in the operating budget of
the Street Maintenance Division.
Attachments:
1. Renewal Letter
20
21
22
January 24, 2008
Consent Agenda Item 2h
Water/Wastewater Master Plans
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion to award Contract 08-099
to HDR Engineers, Inc. in the amount of $203,300 to update the water and wastewater
system master plans.
Recommendation: Staff recommends Council approve this contract.
Summary: In August 2007, City Council approved an SLA for the Water Services
Department to update the Water and Wastewater Master Plans, which are both over ten
years old. These master plans need to be updated to ensure our systems are in compliance
with TCEQ regulations, to schedule rehabilitation projects, and to identify improvements to
the system to accommodate new demands. The land use data that will be used to develop
the W/WW master plans will be taken from the updated land uses in the Comprehensive
Plan, which will be completed by Kendig-Keast Collaborative in June 2008. This
coordination of Utility plans with Comprehensive Plan is necessary to ensure the City is able
to provide adequate water and wastewater service to developing, and redeveloping, areas in
our CCN.
The water study includes evaluation of alternative water supply sources to meet future
demands. This consultant, HDR, is presently finishing up a study of future water demands
that will be used as a starting point for the master plan updates. The wastewater study
includes evaluation of the wastewater system demands through the year 2018, an analysis
of the current treatment capacity, and sludge processing alternatives to meet future
demands. These investigations will help the City optimize the treatment capacity of the
existing treatment facilities and determine the need for expansion to both treatment plants.
Also, the master plan updates include the collection of capital costs required over the next
10 years, which will be in the proper format to be used in an Impact Fee study. If City
Council decides to consider implementation of a City-wide Impact Fee for W/WW, then we
will have the capital cost data ready for an Impact Fee study.
A Contract Review Committee (CRC) meeting was held on January 4, 2008 to evaluate and
discuss comments and changes to the City’s standard contract proposed by the consultant.
Some minor comments were accepted, resulting minor changes to the standard contract.
Please note: This item is also on the Workshop Agenda, to provide a presentation.
Budget & Financial Summary: Funds in the amount of $150,000 were included in the
FY08 Water and Wastewater budgets ($75,000 each) for the completion of these master
plans. The cost of this contract is $53,300 more than the amount budgeted. The department
anticipates being able to absorb this overage within the professional services line items of
each division's operations and maintenance budget.
Attachments:
Contract
23
CONSULTANT CONTRACT
This Contract is by and betwecn the City of College Station, a Texas Municipal Home-
Rule Corporation (the "City") and HDR Engineering, Inc., a Texas Corporation (the
"Contractor"), whereby Contractor agrees to perform and the City agrees to pay for the work
described herein.
ARTICLE 1
1.01 This Contract is for Water System Master Plan and Wastewater System
Investigations (the "Project"). The scope and details of the work to be provided to the
City by Contractor are set forth in Exhibit "A" to this Contract and are incorporated as though
fully set forth herein by reference. Contractor agrees to perform or cause the performance of all
the work described in Exhibit "A"
1.02 Contractor agrees to perform the work described in Exhibit "A" hereto and the
City agrees to pay Contractor a fee based on the rates set forth in Exhibit "B" to this Contract for
the services performed by Contractor. The invoices shall be submitted to the City following the
15th day and the last day of each month. The payment terms are net payable uithin thirty (30)
calendar days of the City's receipt of the invoice. Upon termination of this Contract, payments
under this paragraph shall cease, provided, however, that Contractor shall be entitled to payments
for work performed in accordance with this Contract before the date of termination and for which
Contractor has not yet been paid.
1.03 The total amount of payment, including reimbursements, by the City to Contractor
for all services to be performed under this Contract may not, under any circumstances, exceed
Two Hundred and Three Thousand and Three Hundred and No1100 Dollars 1%203.300.00).
1.04 The City may from time to time request changes in the scope and focus of the
activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this
Contract, provided, however, that any such change that in the opinion of Contractor, the City
Manager, or the City's Project Manager varies significantly from the scope of the work set out
herein and would entail an increase in cost or expense to the City shall be mutually ageed upon
in advance in writing by Contractor and the City's Project Manager.
1.05 Written change orders may be approved by the City Manager or his delegate
provided that the change order does not increase the amount set forth in paragraph 1.03 of this
Contract by more than five percent (5%). Changes in excess of this amount must be approved
by the City Council prior to commencement of the services or work. Any request by the
Contractor for an increase in the Scope of Services and an increase in the amount listed in
paragraph two of this Contract shall be made and approved by the City prior to the
Contractor providing such services or the right to payment for such additional services
Page 1
Contract No. 08-099 -
CRC 3/16/00 Rev 02/07/07
dir:lcollege mlionlconsullunl conlrud - hdrmo$lerplon - jon 7 2008 (ado< 24
shall be waived. If there is a dispute between the Contractor and the City respecting any service
provided or to be provided hereunder by the Contractor, including a dispute as to whether such
service is additional to the Scope of Services included in this Contract, the Contractor agees to
continue providing on a timely basis all services to be provided by the Contractor hereunder,
including any service as to which there is a dispute.
1.06 Except as provided in Article VI hereinbelow, the Contractor shall complete all of
the work described in Exhibit "A" by the dates set forth below.
Water System Master Plan - 135 working days. Wastewater System Investigations
- 180 working days
1.07 Time is of the essence of this Contract. The Contractor shall be prepared to
provide the professional services in the most expedient and efficient manner possible in order to
complete the work by the times specified.
1.08 Contractor promises to work closely with the City Manager or his designee (the
"Project Manager") or other appropriate City officials. Contractor agrees to perform any and all
Project-related tasks reasonably required of it by the City in order to fulfill the purposes of the
work to be performed. The work of Contractor under this Contract may be authorized by the
Project Manager in various phases as set forth in Exhibit "A."
1.09 In all activities or services performed hereunder, the Contractor is an independent
contractor and not an agent or employee of the City. The Contractor, as an independent
contractor, shall be responsible for the final product contemplated under this Agreement. Except
for materials furnished by the City, the Contractor shall supply all materials, equipment and labor
required for the execution of the work on the Project. The Contractor shall have ultimate control
over the execution of the work under this Contract. The Contractor shall have the sole obligation
to employ, direct, conlrol, supervise, manage, discharge, and compensate all of its employees and
subcontractors, and the City shall have no control of or supervision over the employees of the
Contractor or any of the Contractor's subcontractors except to the limited extent provided for in
this Contract. Contractor shall be liable for any misrepresentations. Any negotiations by the
Contractor on the City's behalf are binding on the City only when within the scope of work
contained herein and approved by the City.
ARTICLE I1
2.01 The City shall direct Contractor to commence work on the Project by sending
Contractor a "letter of authorization" to begin work on the Project.
2.02 Upon receipt of the letter of authorization to begin work on the implementation of
the Project, Contractor shall meet with the City for the purpose of determining the nature of the
Project, including but not limited to the following: meeting with the City's staff to coordinate
Project goals, schedules, and deadlines; coordinating data collection; briefing the City's
Page 2
Contract No. 08-099
CRCM6;OO Rev 02/07;07
dk Icollege srarronleonrulranr conrracl - hdrmoslrrplan -,on 7 ZOO8 (4).doc 25
management staff; documenting study assumptions and methodologies; devising the format for
any interim reports and the final report to the City.
2.03 Contractor shall consult with the City and may, in some limited circumstances, act
as the City's representative, but it is understood and agreed by the parties that for all purposes
related to this Contract, Contractor shall be an independent contractor at all times and is not to be
considered either an agent or an employee of the City.
ARTICLE I11
3.01 As an experienced and qualified professional, Contractor warrants that the
information provided by Contractor reflects professional and industry standards, procedures, and
performances. Contractor warrants the design, preparation of drawings, the designation or
selection of materials and equipment, the selection and supervision of personnel, the fitness and
operation of its recommendations, and the performance of other services under this Contract,
pursuant to the standard of performance in the profession. Contractor warrants that it will
exercise diligence and due care and perform in a good and workmanlike manner all of the
services pursuant to this Contract. Approval or acceptance by the City of any of Contractor's
work product under this Contract shall not constitute, or be deemed, a release of the
responsibility and liability of Contractor, its employees, agents, or associates for the exercise of
skill and diligence necessary to fulfill Contractor's responsibilities under this Contract. Nor shall
the City's approval or acceptance be deemed to be the assumption of responsibility by the City
for any defect or error in the Project's work products prepared by Contractor, its employees,
associates, agents, or subcontractors.
3.02 Contractor shall keep the City informed of the progress of the work and shall
guard against any defects or deficiencies in its work.
3.03 Contractor shall be responsible for using due diligence to correct errors,
deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any
errors, deficiencies or any work product found unacceptable, in the City's sole discretion, as soon
as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors,
deficiencies or unacceptable work product.
3.04 Contractor's work product shall be the exclusive property of the City. Upon
completion or termination of this Contract, Contractor shall promptly deliver to the City all
records, notes, data, memorandum, models, and equipment of any nature that are within
Contractor's possession or control and that are the City's property or relate to the City or its
business.
ARTICLE 1V
Page 3
Contract No. 08-099
CRC 3/16/00 Rev 02/07/07
dl-:lcollrge slolionlconrvltonl conlrocr - hdrmorlerplon - jon 7 2008 (J/.rloc 26
4.01 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless
the City, its oficers, employees, and agents (separately and collectively referred to in this
paragraph as "Indemnitee"), from and against any and all claims, losses, damages, causes
of action, suits, judgments, settlements made by Indemnitee, and liability of every kind,
including all expenses of litigation, court costs, attorney's fees, and other reasonable costs
for damage to or loss of use of any property, for injuries to, or sickness or death of any
person, including but not limited to Contractor, any of its subcontractors of any tier, or of
any employee or invitee of Contractor or of any such subcontractors, that is caused by,
arises out of, related to, or in connection with, the negligence of andlor negligent
performance of this Contract by Contractor or by any such subcontractors of any tier,
under this Contract.
4.02 It is agreed with respect to any legal limitations now or hereafter in effect
and affecting the validity or enforceability of the indemnification obligation under
Paragraph 4.01, such legal limitations are made a part of the indemnification obligation
and shall operate to amend the indemnification obligation to the minimum extent necessary
to bring the provision into conformity with the requirements of such Limitations, and as so
modified, the indemnification obligation shall continue in full force and effect.
4.03 Release. The Contractor releases, relinquishes, and discharges the City, its
ofilcers, agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to, sickness or death of
the Contractor or its employees and any loss of or damage to any property of the
Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is
in connection with the Contractor's work to be performed hereunder. Both the City and
the Contractor expressly intend that this release shall apply regardless of whether said
claims, demands, and causes of action are covered, in whole or in part, by insurance and in
the event of injury, sickness, death, loss, or damage suffered by the Contractor or its
employees, hut not otherwise, this releasc shall apply regardless of whether such loss,
damage, injury, or death was caused in whole or in part by the City, any other party
released hereunder, the Contractor, or any third party.
Page 4
Contract No. 08-099
CRC 3/16/00 Rev 02/07;07
dk:lcol/ege rlolionIconsrrlto,zl conlract - hdrrnaslerplon - jon 7 2008 (4)doc 27
ARTICLE V
Insurance
5.00 The Contractor shall procure and maintain at its sole cost and expense for the
duration of this Agreement insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, limits
and endorsements required are as set forth on Exhibit "C".
ARTICLE VI
6.01 At any time, the City may terminate the Project for convenience, in writing. At
such time, the City shall notify Contractor, in writing, who shall cease work immediately.
Contractor shall be compensated for the services performed. In the event that the City terminates
this Contract for convenience, the City shall pay Contractor for the services performed and
expenses incurred prior to the date of termination.
6.02 No term or provision of this Contract shall be construed to relieve the Contractor
of liability to the City for damages sustained by the City or because of any breach of contract by
the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until
the exact amount of damages due the City from the Contractor is determined and paid.
ARTICLE VII
7.01 This Contract has been made under and shall be governed by the laws of the State
of Texas. The parties agree that performance and all matters related thereto shall be in Brazos
County, Texas.
7.02 Notices shall be mailed to the addresses designated herein or as may be designated
in writing by the parties from time to time and shall be deemed received when sent postage
prepaid U.S. Mail to the following addresses:
City:
City of College Station
Attn: Charles R. Gilman, Jr.
P.O. Box 9960
College Station, Texas 77842
Contractor:
HDR Engineering, Inc.
Attn: Darren C. Strozewski, P.E.
4401 West Gate Blvd, Suite 400
Austin, TX 78745
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7.03. Contractor, its employees, associates or subcontractors shall perform all the work
hereundcr. Contractor agrees that all of its associates, employees, or subcontractors who work on
this Project shall be fully qualified and competent to do the work described hereunder.
Contractor shall undertake the work and complete it in a timely manner.
7.04 The Contractor shall comply with all applicable federal, state, and local statutes,
regulations, ordinances, and other laws, including but not limited to the Immigration Reform and
Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an
unauthorized alien. Thc Contractor, not the City, must verify eligibility for employment as
required by IRCA.
7.05 No waiver by either party hereto of any term or condition of this Contract shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
7.06 This Contract and all rights and obligations contained herein may not be assigned
by Contractor without the prior written approval of the City.
7.07 If any provision of this Contract shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a court of
competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but
that by limiting such provision it may become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
7.08 This Contract represents the entire and integrated agreement between the City and
Contractor and supersedes all prior negotiations, representations, or agreements, either written or
oral. This Contract may only be amended by written instrument approved and executed by the
parties.
7.09 The parties acknowledge that they have read, understood, and intcnd to be bound
by the terms and conditions of this Contract.
7.10 l'his Contract will be effective when signed by the last party whose signing makes
the Contract fully executed.
HDR Engineering, Inc CITY OF COLLEGE STATION
By:
Mayor
Date:
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ATTEST:
City Secretary
APPROVED:
City Manager
Chief Financial Officer
Date
Date
Date
Date
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Exhibit "A"
Water System Master Plan
Task 1.0 - Project CoordinationKickoff and Quality AssuranceIQuality Control (QAIQC)
Fee (Lump Sum): $4,200
Objective:
HDR will perform project management as part of this task. This effort will include
coordination with City staff to monitor deliverables and project status as well as ensure
timely receipt of information that will be required from the City. In addition, HDR will
organize and attend a kickoff meeting with the City's project team to formally identify the
City's objectives for this project. HDR will discuss the proposed project plan to ensure it
will meet the objectives identified by the City. HDR will also develop a Project Guide
for use by all participants and implement an ongoing QNQC program for Master
Planning efforts.
Work Tasks:
1.1 Coordinate work efforts with City and within HDR throughout the duration of the
project.
1.2 Develop Project Guide and distribute one electronic and two hard copies to City.
1.2. I The purpose of the project guide is to develop a project coordination and
management approach at the beginning of the project to establish protocol.
management, and reporting methods that are to be followed during the
course of work.
1.2.2 HDR will prepare a Project Guide that is a working document for the
project team that documents project coordination, management,
communication, schedule, QNQC procedures, invoicing and reporting,
scope of work, and other project items. The Project Guide will be
distributed to the City and project team members.
1.2.3 Project Organization and Communications Plan: HDR will develop an
overall organization plan. The plan will delineate the roles and
responsibilities of HDR staff members as well as the staff members of
subconsultants. A communication plan will be included to establish the
protocol between HDR, City, regulatory agencies, and subconsultants.
The organization plan will be included in the Project Guide.
1.2.4 Proiect Documenration: HDR will establish a document control system
for the project. Communications related to the project. including progress
reports, memoranda, letters, and meeting minutes will be placed in project
files. The project filing system will be contained in the Project Guide.
1.3 Develop project schedule with milestone dates.
1.4 Schedule and lead the project kickoff meeting.
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1.5 Schedule meeting with Operators to identifj operational and maintenance
concerns that they observe in working with the system. Obtain Operator
identified maintenance and rehabilitation projects.
1.6 Schedule and attend meetings with City project team.
1.7 Implement and administer internal QAIQC procedures.
1.8 Jointly reviewlcritique all project deliverables and presentations.
Deliverables:
o Two hard copies of Project Guide and one electronic copy on compact disk, including
project schedule.
Tmk 2.0 -TCEQ Analysis of Existing and Proposed System Model
Fee (Lump Sum): $28,500
Objective:
Using the City water model and Year 2005 or 2006 demands, UDR will execute the
model to evaluate the existing system against TCEQ system requirements. The analysis
will focus on pressure maintenance under normal conditions, under fire flow conditions,
and evaluate system capacities including mains, pumping units, and storage facilities
during both average and peak demand periods. The objective of the analysis will be to
identify key infrastructure items in the system that do not meet TCEQ standards. This
same analysis will be conducted for the proposed water system to identify key
infrastructure items (i.e. additional elevated storage, pumping stations, etc.) that will be
needed to serve the area within the limits of the proposed water CCN.
Work Tasks:
2.1 Utilizing the analysis of historical daily production data already completed by
HDR, HDR will apply average and peak day flow rates with applicable factors
(multipliers) to the demand node dataset. HDR, in coordination with the City, has
developed a series of projected peak day factors that reflect the City's intentions
to reduce peak day demands, as stated in the City's Water Conservation Plan.
HDR will confer with the City as to which projected peak day factor the City
wishes to utilize for system planning.
2.2 Evaluate existing system against TCEQ requirements and make recommendations
to remedy issues found.
2.3 Evaluate proposed system against TCEQ requirements and make
recommendations to remedy issues found.
2.4 Prepare opinion of probable construction cost for the improvements identified
from tasks 2.2 and 2.3 and which are needed between 2008 and 2018. Costs of
construction will not be prepared for the water CCN build-out. These costs will
be included by year in the CIP list in accordance with item 3.8.
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2.5 Evaluate a separate pressure plane area to serve Pebble Creek and any other areas
which appear to be candidates for separate pressure planes.
2.6 Prepare draft technical memorandum summarizing results with opinion of
probable construction cost. Meet with City staff to present results. City will
select the identified improvements to include in future modeling efforts and
provide guidance as to the anticipated timing of construction.
2.7 Prepare final memorandum.
2.8 Provide electronic copies of calculations.
Deliverables:
m Technical memorandum summarizing the analysis of TCEQ requirements including
electronic copies of calculations/spreadsheets on a CD.
Task 3.0 -Develop Water System Master Plan
Fee (Lump Sum): $48,500
Objective:
HDR will develop a Water System Master Plan based on future demand projections and
projected growth trends. The master plan will target years between 2008 and 2018; and
system build-out within the limits of the CCN (existing limits and proposed CCN
annexations). HDR understands that several CCN annexations are imminent and will add
approximately 3,500 acres to the water CCN. HDR also understands that these CCNs are
the last CCN additions planned by the City within the 20 18 master plan timeframe and for
the foreseeable future beyond 2018.
As part of previous work, HDR has developed water demand projections for much of the
planned CCN expansion. HDR will meet with the City staff to obtain concurrence for the
CCN system build-out and to refine expected land use classifications and zoning
information. Using this information, HDR will generate the water demand projections for
the years from 2008 through 2018. As part of this task, the City will review the final
assumptions for compatibility with its expectations regarding the areas of likely growth
and assumptions regarding future water supply locations. The master plan will then
identify the locations and sizes of the facilities needed to meet the anticipated future
growth for each milestone year, as well as at ultimate CCN system build-out. HDR will
then develop opinion of probable construction costs and a map displaying the demand
nodes and distribution system infrastructure required through the 2018 planning period.
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Work Tasks:
HDR will utilize the existing projected water demands for the future CCN areas
that HDR developed based on projected land use information and expected future
growth patterns, development densities, and zoning.
HDR will confer with City staff and estimate at which milestone years
incremental stages of development will occur and will estimate water demands
based on these projections.
For the future development areas, HDR will delineate the proposed development
areas into service areas andlor pressure planes. The service areas will be divided
based on engineering feasibility, any existing or planned facilities, and other
factors such as topography, routes, roads, streams, etc. HDR will utilize the
previously developed demand nodes.
Utilizing input from City staff, HDR will define general pipeline route locations
in the proposed development areas and designate the locations of the demand
nodes that will represent the future demands for each milestone year. Determine
the estimated service area for each future demand node. Based on the estimated
service area and the water demand projections developed in Tasks 3.2 and 3.3,
assign future peak day flow rates to each of the demand nodes.
Determine the parameters for the CCN system build-out model. HDR will
develop input points and estimated quantities for potential future supply sources.
HDR will then review the future supply sources with the City staff and obtain
concurrence on up to two Ultimate System scenarios before modeling proceeds.
Incorporate the nodal demands developed in Task 3.5 into the water model for
each milestone year. Execute each model to identify the required infrastructure
improvements necessary to meet the future demands.
Prepare opinion of probable construction cost for the improvements identified
from 2008 to 2018 improvements. Costs of construction will not be prepared for
the CCN system build-out model(s).
Capital improvement project list will be organized as stated below for use in
updating the Impact Fee Analysis and Rates. HDR has not included any effort in
this proposal for supporting the impact fee analysis by others which often
includes: coordination meetings, assignment of capital costs directly relating to
new capacity, review of project incorporation into financial analysis, and
council/planning and zoning committee meetings.
Deliverables:
u Prepare a map of the distribution system infrastructure for each milestone year
(including the CCN system build-out).
P Future water planning modeIs for the projected milestone years from 2008 through
20 18, and CCN build-out systems (hardcopy).
P Electronic copy of water master plan shape files for uploading to City's GIs system.
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P Capital Improvement Project List: Opinion of probable construction cost of the
infrastructure improvements required for milestone years from 2008 through 2018
including maintenance and rehabilitation projects; system capacity increase projects;
and additional main lines required.
Task 4.0 -Presentation of Results and Preparation of Report
Fee (Lump Sum): %28,400
Objective:
HDR will develop a Final Water System Master Plan Report that documents the work
efforts described in Task 2 and 3.
Work Tasks:
4.1 Prepare five copies of a Draft Executive Summary of the Water System Master
Plan that will include a summary of the project, mapping of the proposed
improvements through 2018, and an opinion of probable construction cost for
these projects. A CCN system build-out map will also be prepared showing
required infrastructure improvements.
4.2 Meet with City staff in a work session to present the Draft results in a power point
presentation.
4.3 Prepare five copies of the Draft Water System Master Plan Report and submit to
City for review. The full report will include the following:
Description of the project approach, analysis, and results as well as copies of
the technical memorandums.
Color-coded map of the existing water system with the improvements required
for each milestone year between 2008 and 2018; and another color-code to
indicate lines needed for CCN system build-out.
Copies of electronic computer files for the input and output for each water
model, demand spreadsheets, and GIs project files.
Capital Improvements Plan divided by milestone year with opinion of
probably construction costs.
4.4 Upon review by the City, consider City's comments and finalize the Draft Water
System Master Plan Report.
4.5 Present Finalized Waster Master Plan report findings to City Council in a power
point presentation.
4.6 Prepare camera ready copy of the Final Report and the Water System Master Plan
Maps for the City's use in producing additional copies as needed.
Deliverables:
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Five (5) draft copies of the Water System Master Plan Report.
Ten (10) final copies of the Water System Master Plan Report.
Camera ready copy of the final report and the Water System Master Plan maps.
Electronic copy of the final report on compact disk.
Return City copy of the water modeling software and license documentation.
Power point presentation of draft findings to City staff.
Power point presentation of fmal findings to City Council.
Task 5.0 -Evaluate Water Supply Options
Fee (Lump Sum): $27,300
Objective:
The City is considering several alternatives for increasing water production (water
supply), including:
1. Additional Simsboro Aquifer wells
2. Shallow wells
a. Sparta Aquifer
b. Queen City Aquifer
c. Carrizo Aquifer
3. Brackish groundwater wells (from Simsboro)
4. Direct potable reuse of wastewater effluent
5. Direct non-potable reuse of wastewater effluent
6. Surface water
a. New reservoirs
b. Purchase from Brazos River Authority
Work Tasks:
5.1 HDR is in the process of completing preliminary analyses (water availability and
planning-level costs) for all of the above options except direct potable reuse of
wastewater effluent. HDR will take this information, develop new information
where it is missing from the current analyses (direct potable and non-potable
reuse), and evaluate the feasibility of each option. Information from the 2006
Brazos G Regional Water Plan will be used to assess direct non-potable reuse,
updated as necessary to conform to the requirements of this study. Project
feasibility will be determined based upon costs, supply developed, regulatory
issues, and technical complexity.
5.2 HDR and the City will jointly rank the options in order of preference that the City
should pursue for new water supply.
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Deliverables:
u Stand-alone technical memorandum to the City stating recommendations
concerning each potential new source of supply. This memorandum also will be
included as an appendix in the Water Master Plan Report (Task 6).
Task 6.0 - Evaluate Comprehensive Land Use Projection Update's impact to Water Master
Plan
Fee (Lump Sum): $7,200
Objective:
The land uses within the City's existing and proposed water CCN will soon be updated to
reflect projected land uses and densities. This work will be completed by Kendig-Keast
Collaborative in August 2008 as part of the Comprehensive Land Use Projection Update.
HDR will provide a review of this update to determine if the water master plan
recommendations could be impacted and thereby, require re-evaluation of the system.
Re-analyzing system models and recalculating capital improvement project costs are not
included. If re-analysis of the system is needed, the City and HDR will negotiate
additional scope and fee for this work.
Work Tasks:
6.1 Meet with City to obtain a GIs copy of updated land use parcels and report
including the ESFC counts per parcel.
6.2 Conduct a GIs analysis of the two data sets (original and updated). A color coded
map will be produced for each type of land use contained in the original and
updated databases. Each map will present the original and updated locations of
the land uses. A qualitative analysis of these maps will be conducted to support
subjective recommendations.
6.3 HDR will calculate the total system's water demands using the total ESFC counts
between the two land use databases. This macro level calculation will provide an
order of magnitude answer regarding the level of change.
Deliverables:
Stand-alone technical memorandum to the City stating recommendations
conceming re-analyzing portion(s) of the water master plan.
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Wastewater System Investigations
Task 1.0 - Project CoordinatiodKickoffand Qualiq AssurancdQuality Control (QMQC)
Reference Task 1.0 under Water System Master Plan for the Objectives, Work Tasks, and
Deliverables to be performed as part of the tasks outlined under Wastewater System
Investigations. Tasks under Wastewater System Investigations will be compiled into a report
titled Wastewater System Investigations. Technical memorandums for these tasks will be
included as individual sections of the report in their finalized form.
Task 2.0 - Wastewater System Projected Demands through 2018
Fee (Lump Sum): $23,500
Objective:
The City is projected to grow by approximately 27,000 people from 2008 to 2018. This could
represent an additional wastewater demand of 2.0 to 2.7 million gallons per day (MGD). Additional
wastewater demands may exceed even these values by providing service to areas within the limits of
the City's ETJ, but outside its City limits, via the City acting as a Regional wastewater service
provider. It is understood that the City's two existing plant capacities are 9.5 MGD and 2.0 MGD.
The new wastewater demand locations within the respective service areas is important to ascertain,
so that if plant capaaty expansion(s) are determined to be needed, the correct plant can be expanded
by the correct capacity.
The two wastewater treatment plant (WWTP) service areas will be defined to include all
undeveloped land within the existing and proposed wastewater= limits. The wastewater
CCN limits is understood to be defined as the extraterritorial jurisdiction (ETJ) for the City
which extends beyond the limits of the proposed water CCN. The information previously
developed (i.e. water demand projections within the limits of the currently zoned land uses which
extends beyond the water CCN but not to the ETJ) will be utilized to develop wastewater
demand projections for the City's two WWTPs. These water demands wilI be converted into
equivalent single family connections (ESFC) in order to estimate wastewater demands from each
developed or undevelo~ed land parcel. For land located between the limits of the oroposed water
A.
CCN and wastewater CCN, HDR will develop land use assignments and associated parcel
shapes, in consultation with the City, for acreages which are anticipated to ultimately be serviced -
by one of the two wastewater treatment plants. ESFCs will be assigned to these acreages based
on predetermined values according to the anticipated land uses. These demands will be
presented on a graph along with other information including existing plant capacities, historical
plant flows, critical path milestones (i.e. TCEQ 75% and 90% capacity action dates), and
implementation schedules. From this effort, the City will be able to evaluate if additional study
of plant capacities andlor expansion options are required beyond those outlined in Task 3.0
below. It should be noted that efforts described in Task 2.0 and 3.0 can be coordinated with a
future wastewater system master plan so that all the system components (i.e. plant capacities,
sewer lines, and lift stations) are utilized at the highest level of efficiency for the lowest capital
costs.
Work Tasks:
2.1 Coordinate with City staff to obtain the ESFC per acre value for all land use types.
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2.2 Convert water demand projections within the limits of the currently zoned land uses into
an Equivalent Single Family Connection (ESFC) basis.
2.3 IIDR will utilize GIs to overlay topographic contours on top of the City's existing and
proposed wastewater CCN limits; and wastewater collection system. Contours will be at
5 to I0 ft intervals. HDR will then defme the service area limits for the two wastewater
treatment plants and review these limits with the City against its existing wastewater
subbasins.
2.4 Analyze the following electronic data from the past 5 years: daily wastewater treatment
plant flows from each plant; address list of wastewater customers; and total wastewater
connections by month obtained from the City.
2.5 EIDR will cross reference the wastewater address list with the water address list to verify
geo-referenced ESFC assignments to parcels. Undeveloped parcels will also be geo-
referenced by service area with their corresponding ESFC assignments. The ESFCs will
then be summed using GIs for each service area.
2.6 HDR will develop the following values from the City's historical data for use in
projecting the anticipated wastewater flows: flow per ESFC for the two service areas,
flow per ESFC for the overall system; dry weather peaking factor for two service areas;
and wet weather peaking factor for the two service areas.
2.7 The summed ESFCs will be converted into wastewater demand by service area to
establish their respective ultimate required wastewater plant capacities. The anticipated
flow for each year through 2018 will be presented in a Demandcapacity Graph for each
service area along with existing plant capacities, historical plant flows, critical path
milestones (i.e. TCEQ 75% and 90% capacity action dates), and implementation
schedules. These projected flows will take into consideration the anticipated growth rate
and growth corridor locations. If applicable, the implementation schedules will include
timelines for items such as permitting, preliminary engineering, design, and construction
so the City can determine dates for any applicable actions.
2.8 Evaluate Comprehensive Land Use Projection Update's impact to Wastewater System
Projected Demands through 2018: HDR will make a recommendation to the City based
on the results of evaluating the Water System Master Plan, Task 6.0. HDR's experience
is that if significant changes occur in the water system requiring it to be re-analyzed.
Then the wastewater system most often will need re-analysis as well. If re-analysis of
the wastewater tasks are needed, the City and HDR will negotiate additional scope and
fee for this work.
Deliverables:
o DemandICapacity Graph for the City's two wastewater service areas.
Technical memorandum with summary of calculations and fmdings.
Task 3.0 - Wastewater Treatment Plant CapaciQ Expansion Alternatives; and SIudge Process
Alternatives Analysk
Fee (Lump Sum): $25,000
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Objective:
The City anticipates that an increase in wastewater treatment plant capacity will be required to
accommodate the increased wastewater demand projections described in Task 2.0. Plant
expansions may be required at one or both existing WWTPs depending on the results of the
analysis conducted in Task 2.0. Thus, the two existing WWTPs will be evaluated at a conceptual
plaming level to determine their existing capacity under current regulations. A macro level
overview of potential expansion options will be presented in one-line schematic diagrams as part
of the technical memorandum. A future more detailed study is anticipated to further develop
desirable options, process modifications, and facility components outlined as part of this study.
Plant stress testing or detailed process modeling/analysis is specifically excluded from this scope.
The following items will be analyzed:
1. Calculate the rated capacity of each WWTP according to current TCEQ criteria under
the existing process configuration.
2. Evaluate expansion of each WWTP to obtain additional capacity through 20 18 using the
existing sludge processing methods on each site. Additional basins or facilities for
wastewater treatment; and sludge processing capacity (matching existing type) will be
identified. This evaluation will include generalized modifications to existing sludge
processing methods to mitigate or eliminate odor complaints due to processing sludge on
the sites.
3. Evaluate reconfiguration and expansion of each WWTP to obtain additional capacity
through 2018 by removing the existing sludge processing from each site and relocating it
to a central processing facility. Existing sludge facilities will be considered for re-use in
providing additional wastewater treatment capacity. Additional basins or facilities for
wastewater treatment capacity will be identified. This portion of the evaluation will
exclude all sludge processing improvements to meet current or projected wastewater
demands. Generalized modifications for facilities and costs for this will be included in
the below items.
In conjunction with the above, the City desires to evaluate its sludge treatment (Class A solids)
and disposal options to cost affectively manage its increasing sludge volume due to growth in the
City and eliminate odor complaints. This may include wholesale replacement of existing sludge
processing methods. Thus, alternate methods will be evaluated at a conceptual planning level to
replace the existing sludge processing methods used at the WWTPs. A macro level overview of
potential options will be presented in one-line schematic diagrams as part of the technical
memorandum. A future more detailed study is anticipated to further develop these generalized
options. At that time, detailed process modifications and new facility components will be
outlined. The schematics to be developed include:
I. At each WWTP site, evaluate waste activated sludge (WAS) processing via removing
from secondary clarifiers and going straight to a dewatering facility (i.e. beltpress,
centrifuge, etc.) with sludge cake disposal at a landfill.
2. At each WWTP site, evaluate WAS processing via removing from secondary clarifiers
and going straight to a dewatering facility with sludge cake incorporated into a
composting operation located on a concrete pad under a covered building. Composted
material will be assumed to be given away free of charge to the public for this
evaluation.
3. At each WWTP site, evaluate WAS processing via removing from secondary clarifiers
and going straight to a dewatering facility with sludge cake incorporated into a
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1
Task 4.0 - Wastewater System Rehabilitation Capital Zqrovement Project List
Fee (Lump Sum): $10,700
Objective:
The City's existing collection system is comprised of several different pipe materials
which have been installed during the systems growth. Clay pipe accounts for
approximately 42% of the 1.5 million linear feet in the collection system. This pipe
material typically represents the oldest pipe and thereby likely the greatest contributor of
infiltration. HDR understands that the City desires to undertake a rehabilitation program
to repair or replace high infiltration sections of pipe. We also understand that a priority
list of sewer lines has previously been developed with associated construction costs.
These project priorities and opinion of probable construction costs need to be reviewed
and updated based on City field operations staff system knowledge.
After meeting with City operations staff, HDR will update the list of projects for
implementation as a capital improvement project program for 2008 through 2018. These
pipe segments are anticipated to be replaced using pipe bursting; or remove and replace
methods.
Work Tasks:
4.1 The City will determine its desired construction cost budget to be spent on this program
for each year from 2008 through 201 8. HDR will geographically group and break up the
prioritized list with the associated linear footage of pipe. Opinion of probably
construction costs will be organized to suit the City's yearly allocated rehabilitation
budget. Opinion of probably construction costs will take into account all project costs
including professional fees, inflation, and contingencies.
4.2 HDR will produce a color coded map identifying the project locations with a project
name. Project names will be compiled into a Rehabilitation Capital Improvement Project
List by fiscal year showingthe Opinion of probably construction costs.
4.3 Upon review by the City, consider City's comments and finalize the Draft Technical
Memorandum.
4.4 Prepare camera ready copy of the Rehabilitation Project Location Map for the City's use
in producing additional copies as needed.
Deliverables:
P Technical memorandum including the Rehabilitation Capital Improvement Project List
and map.
P Electronic copy of background data and spreadsheets used in findings.
P Camera ready copy of the Rehabilitation Project Location Map.
P Electronic copy of GIS map on compact disk.
P Presentation of final memorandum to City staff.
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Exhibit "B"
Payment Terms
Payment is a fixed fee in the amount listed in paragraph 1.03 of this Contract. HDR will
invoice the City for work completed to date on a percent complete basis at the end of each
month. Payment will be received within 30 days of the date of the City of College Station
accepts and approves the invoice.
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4
Insurance Requirements
1. The Contractor agrees to maintain the types and amounts of insurance required in this
Contract throughout the term of the Contract. The following insurance policies shall be required:
(a) Commercial General Liability
(b) Business Automobile Liability
(c) Workers' Compensation
(d) Professional Liability
2. For each of these policies, the Contractor's insurance coverage shall be primary
insurance with respect to the City, its officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officials, employees or volunteers, shall be
considered in excess of the Contractor's insurance and shall not contribute to it.
Certificates of insurance and endorsements shall be furnished to and approved by the
City's Risk Manager before any letter of authorization to commence planning will issue
or any work on the Project commences. No term or provision of the indemnification
provided by the Contractor to the City pursuant to this Contract shall be construed or
interpreted as limiting or otherwise affecting the terms of the insurance coverage. All
Certificates of Insurance and endorsements shall be furnished to the City's
Representative at the time of execution of this Agreement, attached hereto as
Exhibit "D", and approved by the City before work commences.
3. The Contractor shall include all subcontractors as additional insureds under its policies or
shall hrnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
4. General Requirements Applicable to All Policies.
(a) Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
(b) Deductibles shall be listed on the certificate of insurance and are acceptable
only on a "per occurrence" basis for property damage only.
(c) "Claims made" policies will not be accepted, except for Professional
Liability insurance.
(d) Each insurance policy shall be endorsed to state that coverage shall not be
suspended. voided, canceled, or reduced in coverage or in limits except
after thirty (30) calendar days prior written notice has been given to the City
of College Station by certified mail, return receipt requested.
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(e) Upon request, certified copies of all insurance policies shall be furnished to
the City.
(f) The certificates of insurance shall be prepared and executed by the
insurance company or its authorized agent. Each certificate shall contain
the following provisions and warranties: (a) that the insurance company is
licensed and admitted to do business in the State of Texas; (b) that the
insurance policy is underwritten on forms provided by the Texas State
Board of Insurance or ISO; (c) all endorsements and coverages according to
the requirements of this Contract; (d) the form of notice of cancellation,
termination, or change in coverage provisions; and (e) original
endorsements affecting coverage required by this Contract.
(g) The City of College Station, its officials, employees, and volunteers are to
be added as "Additional Insureds" to the Commercial General Liability and
Business Automobile Liability Policies. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its
officials, employees, and volunteers.
5. Commercial (General) Liability requirements:
(a) Coverage shall be written by a carrier with an "B+:VII" or better rating in
accordance with the current Best Key Rating Guide.
(b) Minimum Combined Single Limit of $1,000,000 per occurrence per project
for bodily injury and property damage with a $2,000,000 annual aggregate
limit.
(c) Coverage shall be at least as broad as Insurance Service's Office Number
CG 00 01.
(d) No coverage shall be deleted from the standard policy without notification
of individual exclusions being attached for review and acceptance.
(e) The coverage shall include but not be limited to: premises/operations;
independent- contracts, products/completed operations, contractual liability
(insuring the indemnity provided herein), and where exposures exist,
"Explosion Collapse and Underground" coverage.
(f) The City shall be named as an additional insured and the policy shall be
endorsed to waive subrogation and to be primary and non contributory.
6. Business Automobile Liability requirements:
(a) Coverage shall be written by a carrier with an "B+:VIIW or better rating in
accordance with the current Best Key Rating Guide.
(b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily
injury and property damage.
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(c) The Business Auto Policy must show Symbol 1 in the Covered Autos
portion of the liability section in Item 2 of the declarations page.
(d) The coverage shall include owned, leased or rented autos, non-owned autos,
any autos and hired autos.
7. Workers' Compensation Insurance requirements:
(a) Pursuant to the requirements set forth in Title 28, Section 110.110 of
the Texas Administrative Code, all employees of the Contractor, the
Contractor, all employees of any and all subcontractors, and all other
persons providing services on the Project must be covered by a
workers' compensation insurance policy: either directly through their
employer's policy (the Contractor's, or subcontractor's policy) or
through an executed coverage agreement on an approved TWCC form.
Accordingly, if a subcontractor does not have his or her own policy and
a coverage agreement is used, Contractors and subcontractors must use
that portion of the form whereby the hiring contractor agrees to
provide coverage to the employees of the subcontractor. The portion of
the form that would otherwise allow them not to provide coverage for
the employees of an independent contractor may not be used.
(b) The worker's compensation insurance shall include the following terms:
(i) Employer's Liability limits of $1,000,000 for each accident is
required.
(ii) "Texas Waiver of Our Right to Recover From Others Endorsement,
WC 42 03 04" shall be included in this policy.
(iii) Texas must appear in Item 3A of the Worker's Compensation
coverage or Item 3C must contain the following: All States except
those listed in Item 3A and the States of NV, ND, OH, WA, WV,
and WY.
(c) Pursuant to the explicit terms of Title 28, Section 110.1 10(c)(7) of the Texas
Administrative Code, this Agreement, the bid specifications, this Agreement, and
all subcontracts on this Project must include the terms and conditions set forth
below, without any additional words or changes, except those required to
accommodate the specific document in which they are contained or to impose
stricter standards of documentation:
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Certificate of coverage fiertificate") - A copy of a certiJicate of insurance,
a certifcate of authority to selfinsure issued by the Texas Workers'
Compensation Commission, or a coverage agreement (TWCC-81, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the proiect - includes the time @om the beginning of the work
on the project until the Contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the proiect i"subcontractors" in 6 406.096
[of the Texas Labor Codel) - includes allpersons or entities performing all
or part of the services the Contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the
Contractor and regardless of whether that person has employees. This
includes, without limitation, independent Contractors, subcontractors,
leasing companies, motor carriers, owner-operators, employees of any such
entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing,
hauling or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as fbod/beverage vendors,
office supply deliveries, and delivery ofportable toilets.
B. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage
agreements, that meets the statutory requirements of Texas Labor Code,
Section 401.01 l(44) for all employees of the Contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certiJicate of coverage to the
governmental entity prior to being awarded the contract.
D. Ifthe coverage period shown on the Contractor's current certiJicate of
coverage ends during the duration of the project, the Contractor must, prior
to the end of the coverage period, $le a new certiJicate of coverage with the
governmental entity showing that coverage has been extended.
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E. The Contractor shall obtain ffom each person providing services on a
project, and provide to the governmental entity:
(1) a certzjicate of coverage, prior to that person beginning work
on the project, so the governmental entity will have on file
certijicates of coverage showing coverage for all persons providing
services on the project; and
(2) no later than seven calendar days after receipt by the
Contractor, a new certzjicate of coverage showing extension of
coverage, if the coverage period shown on the current certiJicate of
coverage ends during the duration of the project.
F. The Contractor shall retain all required certiJicates of coverage for the
duration of the project and for one year thereafter.
G. The Contractor shall notifL the governmental entity in writing by
certzped mail or personal delivery, within I0 calendar days after the
Contractor knew or should have known, or any change that materially
affects the provision of coverage of any person providing services on the
project.
H. The Contractor shall post on each project site a notice, in the text, form
and manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verz5 coverage and
report lack of coverage.
I. The Contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(I) provide coverage, based on proper reporting of classiJication
codes and payroll amounts and filing of any coverage agreements,
that meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(2) provide to the Contractor, prior to that person beginning
work on the project, a certzjicate of coverage showing that coverage
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is being provided for aN employees of the person providing services
on the project, for the duration ofthe project;
(3) provide the Contractor, prior to the end of the coverage
period, a new certifcate of coverage showing extension of coverage,
gthe coverage period shown on the current certificate of coverage
ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and
provide to the Contractor:
(a) a certificate of coverage, prior to the other person
beginning work on the project; and
(b) a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, the
coverage period shown on the current certificate of coverage
ends during the duration of the project;
(5) retain all required certiJicates of coverage on file for the
duration of the project and for one year thereafrer;
(6) notzjj the governmental entity in writing by certifed mail or
personal delivery, within 10 calendar days aj?er the person knew or
should have known, of any change that materially afects the
provision of coverage of any person providing services on the
project; and
(7) contractually require each person with whom it contracts, to
perform as required by paragraphs (a) - (d, with the certiJicates of
coverage to be provided to the person for whom they are providing
services.
J. By signing this contract, or providing, or causing to be provided a
certifcate of coverage, the Contractor is representing to the governmental
entity that all employees of the Contractor who willprovide services on the
project will be covered by workers' compensation coverage for the duration
of the project, that the coverage will be based on proper reporting of
classiJication codes and payroll amounts, and that all coverage agreements
will be,filed with the appropriate insurance carrier or, in the case of a seIf-
insured, with the Commission's Division of Seu-Insurance Regulation.
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Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil
actions.
K. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the governmental entiiy to
declare the contract void if the Contractor does not remedy the breach
within ten calendar days after receipt of notice of breach from the
governmental entity.
8. Professional 1,iability requirements:
(a) Coverage shall be written by a carrier with a "B+:VII" or better rating in
accordance with the current Best Key Rating Guide.
(b) Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a
maximum deductible of $10,000.00.
(c) Coverage must have an Extended Reporting Period Endorsement to be
maintained for two (2) years after the expiration of the term or tcrmination
of this Contract.
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January 24, 2008
Consent Agenda Item 2i
Outside Agency Funding Agreement with the Northgate District Association
and Budget Approval
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, discussion and possible action on a funding
agreement between the City of College Station and the Northgate District Association
for FY08 in the amount of $25,000; and presentation, discussion and possible action
on approving the budget of the Northgate District Association.
Recommendation(s): Staff recommends approval of the funding agreement, and
approval of the Northgate District Association Budget.
Summary: As part of the 2007-2008 budget process the City Council approved
funding for the Northgate District Association from the Hotel Tax Fund in the amount
of $25,000.
State law requires that the City Council adopt the budget of any organization that is
to be funded through Hotel Tax revenue.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2007-2008 Hotel Tax Fund Budget in the amount of $25,000.
Attachments:
Northgate District Association Funding Agreement and Budget
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FUNDING AGREEMENT PROVIDING FOR THE PAYMENT
AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT is made between the CITY OF COLLEGE STATION, a
Home Rule Municipal Corporation incorporated under the State of Texas
(hereinafter referred to as the “City”), and the Northgate District Association, a
Texas Non-Profit Corporation (hereinafter referred to as the “Agency”):
WHEREAS, TEXAS TAX CODE §§351.002 and 351.003(a) authorize City to levy by
ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent
(7%) of the consideration paid by a hotel occupant; and
WHEREAS, by ordinance, City has provided for the assessment and collection of a
municipal hotel occupancy tax in the City of College Station of seven percent (7%);
and
WHEREAS, TEXAS. TAX CODE §351.101(a) authorizes City to use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel
industry, yet limits such revenue use for the encouragement, promotion,
improvement, and application of the arts, including instrumental and vocal music,
dance, drama, folk art, creative writing, architecture, design and allied fields,
painting, sculpture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording, and other arts related to the presentation,
performance, execution, and exhibition of these major art forms; and
WHEREAS, Agency is well equipped to perform those activities; and
WHEREAS, TEXAS TAX CODE §351.101(c) authorizes City to delegate by contract
with Agency; as an independent entity, the management or supervision of programs
and activities of the type described hereinabove funded with revenue from the
municipal hotel occupancy tax;
NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual
covenants and promises contained herein, City and Agency agree and contract as
follows:
ARTICLE I
DEFINITIONS
1.1 The term “Agency” shall mean the Northgate District Association, a Texas Non-
Profit Corporation to which the City has delegated the management or supervision
of programs and activities funded with Hotel Tax Revenue.
1.2 The term “City” shall mean the City of College Station, in the County of Brazos, and
the State of Texas.
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1.3 The term “Contract Quarter” shall refer to any quarter of the contract year in which
this Agreement is in force. Contract Quarters will end on December 31st, March
31st, June 30th, and September 30th, of each contract year.
1.4 The term “Event” shall include any and all banquets, ceremonial dinners,
promotional programs, or other public or private event hosted by Agency.
1.5 The term “Financial Activity Report” shall mean a quarterly report which includes a
summary of Agency’s revenues and expenditures, and a summary of Agency’s
assets and liabilities to be submitted to the City on the form attached herein as
Exhibit B or in a form agreed upon by Agency and City.
1.6 The term “Financial Records” shall mean invoices, receipts, bank statements,
reconciliations, cleared checks, financial statements and audit reports.
1.7 The term “Hotel Tax Revenue” shall mean the gross monies collected and
received by City as municipal hotel occupancy tax at the rate of seven percent
(7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 351.003
(a) and City Ordinance. Hotel Tax Revenue will include penalty and interest
related to the late payments of the tax revenue by the taxpayer.
1.8 The term “Narrative Summary of Activity Report” shall mean the quarterly
summary report of the activities of Agency including a summary of how funds from
City have been utilized to accomplish the Agency’s work. Such report shall be
submitted on the form attached herein as Exhibit C.
1.9 The term “Performance Measure Report” shall mean the quarterly report to
determine the levels of service that are being provided by Agency to be submitted to
the City on the form attached herein as Exhibit D.
1.10 The term “Program Report” shall mean a report as required by Texas Tax Code
§351.108 listing each of the Agency’s scheduled activity, program, or event that: is
directly funded with Hotel Tax Revenue or has its administrative costs funded in
whole or in part by the Hotel Tax Revenue and is directly enhancing and promoting
tourism and the convention and hotel industry. Such report shall be submitted on the
form attached herein as Exhibit A.
ARTICLE II
HOTEL TAX REVENUE PAYMENT
2.1 Consideration and Payment. For and in consideration of the activities to be
satisfactorily performed by Agency under this Agreement, City agrees to pay to
Agency a portion of the Hotel Tax Revenue collected by City in the total amount of
TWENTY FIVE THOUSAND AND N0/100 DOLLARS ($25,000.00), to be paid
as follows:
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a. the total amount of TWENTY FIVE THOUSAND AND NO/100 DOLLARS
($25,000.00) from the City’s Hotel Tax Revenue. Payment will be made in four
(4) quarterly installments of $6,250.00 each.
2.2 Quarterly payments will be dependent upon the City receiving all reports required
herein from the Agency. Quarterly reports are due no later than thirty (30) days
after the end of each Contract Quarter (no later than January 30th, April 30th, July
30th, October 30th, of each contract year.)
2.3 Other limitations regarding consideration.
a. It is expressly understood that this contract in no way obligates the General
Fund or any other monies or credits of City.
b. City may withhold allocations if City determines that expenditures of
Agency deviate materially from their approved budget or if the reports required
herein are not submitted in a complete and timely manner.
ARTICLE III
USE OF HOTEL TAX REVENUE
3.1 Use of Funds. For and in consideration of the payment by City to Agency of the
agreed payments of Hotel Tax Revenue specified above, Agency agrees to manage
or supervise the programs and activities funded with Hotel Tax Revenue. Agency
further agrees to use such Hotel Tax Revenue for the encouragement, promotion,
improvement, and application of the arts, including instrumental and vocal music,
dance, drama, folk art, creative writing, architecture, design and allied fields,
painting, sculpture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording, and other arts related to the presentation,
performance, execution, and exhibition of these major art forms as authorized by
TEXAS TAX CODE §351.101(a). The City Council and City Manager or their
designees shall have the right to attend Agency events or promotional programs as
representatives of the City to promote tourism and the convention and hotel industry.
3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may
be spent for Agency’s day-to-day operations, supplies, salaries, office rental, travel
expenses, and other administrative costs only if those administrative costs are
incurred directly in the promoting of: tourism and the convention and hotel industry
and the encouragement, promotion, improvement, and application of the arts,
including instrumental and vocal music, dance, drama, folk art, creative writing,
architecture, design and allied fields, painting, sculpture, photography, graphic and
craft arts, motion pictures, radio, television, tape and sound recording, and other arts
related to the presentation, performance, execution, and exhibition of these major art
forms.
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3.3 Specific Restrictions on Use of Funds.
a. That portion of total administrative costs of Agency for which Hotel Tax
Revenue may be used shall not exceed that portion of Agency’s administrative costs
actually incurred in conducting the activities specified in §3.1 above.
b. Hotel Tax Revenue may not be spent for travel for a person to attend an event or
conduct an activity the primary purpose of which is not directly related to the
promotion of tourism and the convention and hotel industry or the performance of
the person’s job in an efficient and professional manner.
ARTICLE IV
RECORDKEEPING AND REPORTING REQUIREMENTS
4.1 Budget.
a. Prior to execution of this Funding Agreement, Agency shall submit to the City
Manager of City an annual budget to be approved by the City Council for each fiscal
year, for such operations of Agency funded by Hotel Tax Revenues. This budget
shall specifically identify proposed expenditures of Hotel Tax Revenue by Agency.
In other words, City should be able to audit specifically the purpose of each
individual expenditure of Hotel Tax Revenue from the separate account relating to
Hotel Tax Revenue. City shall not pay to Agency any Hotel Tax Revenues as set
forth in Article II of this Agreement during any program year of this Agreement
unless a budget for such respective program year has been approved in writing by
the College Station City Council. Approval of the budget by the City Council shall
not preclude the Agency from reasonably reallocating funds within the budget
among line items to meet changing conditions. Such reallocation shall not
necessitate a new approval by the City Council. Failure to submit an annual budget
may be considered a breach of contract, and if not remedied is considered grounds
for termination of this Agreement as stated in paragraph 6.2.
b. Agency acknowledges that the approval of such budget by the College Station City
Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue
paid by City to Agency under this Agreement. Agency shall expend Hotel Tax
Revenue only in the manner and for the purposes specified in this Agreement,
TEXAS TAX CODE §351.101(a), and in the budget as approved by City.
4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by
City in a separate account, or with segregated fund accounting, such that any
reasonable person can ascertain the revenue source of any given expenditure.
4.3 Financial Records. Agency shall maintain a complete and accurate financial record
of each expenditure of the Hotel Tax Revenue made by Agency. These funds shall
be classified as restricted funds for audited financial purposes.
4.4 Agency shall maintain such records, accounts, reports, files or other documents
for a minimum of five (5) years after the expiration of this agreement. City’s
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right to access Agency’s files shall continue during this 5 year period and for as
long as the records are retained by Agency.
4.5 Upon written request of the College Station City Council, or other person, Agency
shall make such financial records available for inspection and review by the party
making the request. Agency understands and accepts that financial records and any
other records relating to this Agreement shall be subject to the Public Information
Act, TEXAS GOVERNMENT CODE, Chapter 552, as hereafter amended.
4.6 Program Report. Agency understands that such report shall be completed in its
entirety and the original report shall be submitted to the City.
4.7 Quarterly Reports.
Agency shall submit the following to the City on a quarterly basis as provided in this
Agreement:
(1). Financial Activity Report.
(2). Narrative Summary of Activity Report.
(3). Performance Measure Report.
4.8 Agency shall respond promptly to any request from the City Manager of City, or
designee, for additional information relating to the activities performed under this
Agreement.
4.9 The Financial Activity Report, Narrative Summary of Activity Report and
Performance Measure Report shall be submitted to the City within thirty (30) days
of the end of each Contract Quarter (no later than January 30th, April 30th, July
30th, and October 30th of each contract year.)
4.10 A copy of the Agency’s annual financial audit shall be made available to City no
later than thirty (30) days following Agency’s receipt of same.
4.11 If requested, Agency shall make an annual report and presentation to the City
Council.
4.12 The City shall conduct a monitoring review of the Agency as deemed necessary
by the City so as to evaluate Agency's compliance with the provisions of this
Agreement. Said monitoring may consist of on-site monitoring reviews.
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ARTICLE V
AGENCY BOARD OF DIRECTORS
5.1 The City shall have the option to recommend one appointee for any vacancy that
occurs on the Board of Directors of the Agency during the program year. This
provision shall not apply if the City is otherwise authorized to appoint members to
the Board under the Agency’s Bylaws.
5.2 Agency shall provide the City with an agenda of all regular and non-regular
Board meetings five (5) days prior to the meeting with information as to the date,
time and place of meeting. If a non-regular meeting is scheduled, Agency shall
immediately notify the City of non-regular meeting. Said notification should be
in writing via facsimile or e-mail; or orally by telephone, depending on Agency’s
own notification of the Board meeting.
5.3 Agency shall submit minutes of each Board of Directors meeting and Executive
Committee meeting to the City within ten (10) days after approval of the minutes.
ARTICLE VI
TERM AND TERMINATION
6.1 Term. The term of this Agreement shall commence on October 1, 2007 and
terminate at midnight on October 31, 2008. However, the program period shall
commence on October 1, 2007 and terminate at midnight on September 30, 2008.
Only those expenditures authorized by Chapter 351 of the Texas Tax Code which
are actually incurred during the program period, for events and activities taking
place within the program period, are eligible for funding under this Agreement, and
any ineligible expenditures or unspent funds shall be forfeited to City upon
termination of the Agreement.
6.2 Termination Without Cause.
a. This Agreement may be terminated by either party, with or without cause, by
giving the other party sixty (60) days advance written notice.
b. In the event this Agreement is terminated by either party pursuant to
§6.2(a), City agrees to reimburse Agency for any contractual obligations
undertaken by Agency in satisfactory performance of those activities
specified in hereinabove and that were approved by the Council through
the budget, as noted in §4.1. This reimbursement is conditioned upon
such contractual obligations having been incurred and entered into in the
good faith performance of those services contemplated in §§3.1 and 3.2
above, and further conditioned upon such contractual obligations having a
term not exceeding the full term of this Agreement.
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c. Further, upon termination pursuant to §6.2(a), Agency will provide CITY:
(1) Within ten (10) business days from the termination notification, a short-term
budget of probable expenditures for the remaining sixty (60) day period between
termination notification and contract termination. This budget will be presented
to Council for approval within ten (10) business days after receipt by City. If
formal approval is not given within ten (10) business days and the budget does not
contain any expenditures that would be prohibited by the Texas Tax Code, and is
within the current contractual period approved budget; the budget will be
considered approved;
(2) Within thirty (30) days, a full accounting of all expenditures not previously
audited by City;
(3) Within five (5) business days of a request from City, a listing of expenditures
that have occurred since the last required reporting period;
(4) A final accounting of all expenditures and tax funds on the day of termination.
Agency will be obligated to return any unused funds or funds determined to be
used improperly. Any use of remaining funds by Agency after notification of
termination is conditioned upon such contractual obligations having been incurred
and entered into in the good faith performance of those services contemplated in
3.1 and 3.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement.
6.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
a. The termination of the legal existence of Agency;
b. The insolvency of Agency, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by Agency for the benefit of
creditors;
c. The continuation of a breach of any of the terms or conditions of this
Agreement by either City or Agency for more than thirty (30) days after written
notice of such breach is given to the breaching party by the other party; or
d. The failure of Agency to submit quarterly reports which comply with the
reporting procedures required herein and generally accepted accounting principles
within thirty (30) days from the date City notifies Agency of such breach.
e. The failure of Agency to submit a Quarterly Financial Activity Report as
required by Texas Tax Code §351.101(c) within thirty (30) days from the date
City notifies Agency of such breach.
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6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other
provision of this Agreement, to mitigate damages and to preserve evidence and
issues for judicial determination, either party shall have the right to terminate this
Agreement upon immediate notice to the other party in the event that any person has
instituted litigation concerning the activities of the non-terminating party, and the
terminating party reasonably believes that such activities are required or prohibited
under this Agreement.
6.5 In the event that this Agreement is terminated pursuant to §§6.3 or 6.4, Agency
agrees to refund any and all unused funds, or funds determined by City to have
been used improperly, within thirty (30) days after termination of this Agreement.
ARTICLE VII
INDEMNIFICATION AND RELEASE
7.1 Agency agrees to indemnify and hold harmless the City, its officers, agents,
and employees from and against any and all loss, costs, or damage of any
kind, nature, or description that may arise out of or in connection with this
Agreement whether or not the claim or cause of action results from any
negligence of the City or any of its officers, agents, or employees.
7.2 Agency assumes full responsibility for the work to be performed and services
to be provided hereunder, and hereby releases, relinquishes and discharges
the City, its officers, agents, and employees from any and all claims,
demands, causes of action of every kind and character, including the cost of
defense thereof, for any injury to, including death of, any person (whether
employees or agents of either of the parties hereto or third persons) and any
loss of or damage to property (whether the property is that of either of the
parties hereto or of third parties) that is caused by or alleged to be caused by,
arising out of, or in connection with the Agency’s work or services provided
hereunder whether or not said claims, demands, or causes of actions are
covered in whole or part by insurance.
ARTICLE VIII
GENERAL PROVISIONS
8.1 Subcontract for Performance of Services. Nothing in this Agreement shall
prohibit, nor be construed to prohibit, the agreement by Agency with another private
entity, person, or organization for the performance of those services described in
§3.1 above. In the event that Agency enters into any arrangement, contractual or
otherwise, with such other entity, person or organization, Agency shall cause such
other entity, person, or organization to adhere to, conform to, and be subject to all
provisions, terms, and conditions of this Agreement and to TEX. TAX CODE Chapter
351, including reporting requirements, separate funds maintenance, and limitations
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and prohibitions pertaining to expenditure of the agreed payments and Hotel Tax
Revenue.
8.2 This Agreement and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit
and obligation of City and Agency and their respective successors and assigns.
8.3 The City and Agency attest that, to the best of their knowledge, no member of the
City of College Station City Council and no other officer, employee or agent of
the City, who exercises any function or responsibility in connection with the
carrying out of the terms of this Agreement, has any personal interest, direct or
indirect, in this Agreement.
8.4 Agency covenants and agrees that, during the term of this Agreement, it will not
discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin or disability. Agency will take affirmative
action to ensure that applicants who are employed are treated, during
employment, without regard to their race, color, religion, sex, national origin or
disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation
and selection. Agency agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of
this nondiscrimination requirement.
8.5 Agency expressly agrees that, in all solicitations or advertisements for employees
placed by or on behalf of Agency, there will be a statement that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or disability.
8.6 Agency certifies that it will not limit services or give preference to any person
assisted through this Agreement on the basis of religion and that it will provide no
religious instruction or counseling, conduct no religious worship or services, and
engage in no religious proselytizing in the provision of services or the use of
facilities or furnishings assisted in any way under this Agreement.
8.7 No amendment to this Agreement shall be effective and binding unless and until it
is reduced to writing and signed by duly authorized representatives of both
parties.
8.8 This Agreement has been made under and shall be governed by the laws of the
State of Texas.
8.9 Performance and all matters related thereto shall be in Brazos County, Texas,
United States of America.
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8.10 Each party has the full power and authority to enter into and perform this
Agreement, and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to enter into this Agreement. The
persons executing this Agreement hereby represent that they have authorization to
sign on behalf of their respective organizations.
8.11 Failure of any party, at any time, to enforce a provision of this Agreement, shall in
no way constitute a waiver of that provision, nor in any way affect the validity of
this Agreement, any part hereof, or the right of either party thereafter to enforce
each and every provision hereof. No term of this Agreement shall be deemed
waived or breach excused unless the waiver shall be in writing and signed by the
party claimed to have waived. Furthermore, any consent to or waiver of a breach
will not constitute consent to or waiver of or excuse of any other different or
subsequent breach.
8.12 The parties acknowledge that they have read, understand and intend to be bound
by the terms and conditions of this Agreement.
8.13 This Agreement and the rights and obligations contained herein may not be
assigned by any party without the prior written approval of the other parties to this
Agreement.
8.14 It is understood and agreed that this Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all purposes.
8.15 If any provision of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court or other tribunal of competent jurisdiction, the validity,
legality, and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The parties shall use their best efforts to replace the
respective provision or provisions of this Agreement with legal terms and
conditions approximating the original intent of the parties.
8.16 It is understood that this Agreement contains the entire agreement between the
parties and supersedes any and all prior agreements, arrangements, or
understandings between the parties relating to the subject matter. No oral
understandings, statements, promises, or inducements contrary to the terms of this
Agreement exist. This Agreement cannot be changed or terminated orally. No
verbal agreement or conversation with any officer, agent, or employee of any
party before or after the execution of this Agreement shall affect or modify any of
the terms or obligations hereunder.
8.17 Unless otherwise specified, written notice shall be deemed to have been duly
served if delivered in person or sent by certified mail to the last business address
as listed herein. Each party has the right to change its business address by giving
at least thirty (30) days advance written notice of the change to the other party.
1062
63
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14 66
Outside Agency:__________________________
STATEMENTS OF FINANCIAL POSITION
2008 Period _____________________________
2008 Current
Period
2008 Current
Period
2008 Year to
Date
2008 Year to
Date
ASSETS Hotel Tax Non-Hotel Tax Hotel Tax Non-Hotel Tax
Cash and cash equivalents
Short-term investments
Prepaid expenses
Unconditional promises to give
Cash restricted to purchase of equipment
Long-term investments
Contribution receivable—charitable lead trust
Deposits on leased and other property
Property and equipment
TOTAL ASSETS
LIABILITIES
Accounts payable
Compensation
Refundable advances
Long-term debt
TOTAL LIABILITIES
NET ASSETS
Unrestricted
Temporarily restricted
Permanently restricted
TOTAL NET ASSETS
TOTAL LIABILITIES AND NET ASSETS
Exhibit B
Statements of Financial Position
1567
Outside Agency:_______________________
STATEMENT OF ACTIVITIES
2008 Period:__________________________
Permanently
Restricted
REVENUES, GAINS, AND OTHER SUPPORT
Contributions
— — — —
— — — —
Capital campaign — — — —
Equipment acquisition — — — —
Endowment — — - —
Other — — — —
Federal financial assistance — — — —
Program service fees — — — —
Investment return — — — —
Change in value of split-interest agreement — — — —
Other — — — —
Net assets released from restrictions — — — —
Expiration of time restrictions—United Way
Services
— — — —
Restrictions satisfied by charitable lead trust
receipts
— — — —
Restrictions satisfied by payments — — —
TOTAL REVENUES, GAINS, AND OTHER SUPPORT
EXPENSES
Program services
— — — —
— — — —
Supporting services
Management and general — — — —
Fund-raising — — — —
TOTAL EXPENSES — — — —
CHANGE IN NET ASSETS — — — —
NET ASSETS AT BEGINNING OF YEAR — — — —
NET ASSETS AT END OF YEAR — — — —
Total
— — — —
Exhibit B
Statement of Financial Activities - Hotel Tax
Unrestricted Temporarily
Restricted
1668
Exhibit C
Narrative Summary of Activity Report
Please provide a narrative summary of the activities funded with the Hotel Tax Revenue.
Use additional sheets if more space is needed.
1769
Exhibit D
Performance Measure Report
Northgate District Association
Description & Budget Explanation:
The Northgate District Association will work to promote the Northgate area for shopping, entertainment and living.
Yearly Budget Summary FY 05 FY 06 FY 07 FY 08
Actual Actual Actual Estimate
$0 $0 $25,000 $25,000
Quarterly Budget Summary Quarter 1 Quarter 2 Quarter 3 Quarter 4
Proposed Proposed Proposed Proposed
$6,250 $6,250 $6,250 $6,250
Program Name: Northgate District Association
Service Level:
Performance Measures: Quarter 1 Quarter 2 Quarter 3 Quarter 4
Actual Proposed Proposed Proposed
Number of special events
Number of advertising or promotional
activities conducted
Per event please list number of attendees
(actual if known or estimate)
Revenue generated per event
The Northgate District Association will work to promote the Northgate area for shopping,
entertainment and living
1870
2008 NMF Proposed
Budget 2007 NMF Income/Expense
10/01/2006 -12/31/07
INCOME INCOME
Band Application Fees 1,500.00 2.65%
Band Application Fees 1,585.00 2.34%
Return Operating Capital 0.00 0.00%Return Operating Capital 1,000.00 1.47%
Sales - Merch.0.00 0.00%
Sales - Merch.661.00 0.97%
Sales - Presale 0.00 0.00%
Sales - Presale 1,740.00 2.56%
Sales - Tickets 20,000.00 35.40%
Sales - Tickets 25,034.00 36.89%
Sales - Tickets Online 0.00 0.00%
Sales - Tickets Online 1,320.00 1.95%
Shirt Fee - Staff
Reimbursment 0.00 0.00%
Shirt Fee - Staff Reimbursment 420.00 0.62%
Shirt Fee - Volunteer
Reimbursement 0.00 0.00%
Shirt Fee - Volunteer
Reimbursement 635.00 0.94%
Sponsorship 0.00%Sponsorship 0.00%
* City Grant 25,000.00 44.25% City Grant 25,000.00 36.84%
Other Sponsorships 10,000.00 17.70%
Other Sponsorships 10,000.00 14.74%
Vendor Fee 0.00 0.00%Vendor Fee 465.00 0.69%
------------ ------------------------ ------------
TOTAL INCOME 56,500.00 100.00%
TOTAL INCOME 67,860.00 100.00%
EXPENSES EXPENSES
Accounting 500.00 0.88%
Accounting 1,005.00 1.24%
Advertising/Marketing 6,000.00 10.62%Advertising/Marketing 1,971.69 2.44%
Band/ Hospitality 23,000.00 40.71%
Band 38,580.47 47.73%
Bank Charge-Bank Charge 0.00 0.00%Bank Charge-Bank Charge 6.00 0.01%
Insurance-Insurance 800.00 1.42%
Insurance-Insurance 782.00 0.97%
Management Fee 0.00 0.00%Management Fee 1,750.00 2.17%
Operating/Rentals 7,800.00 13.81%
Operating/Rentals 9,713.97 12.02%
Permit 200.00 0.35%
Permit 200.00 0.25%
Postage 0.00 0.00%
Postage 6.04 0.01%
Product 0.00 0.00%
Product 1,217.10 1.51%
Security 3,200.00 5.66%
Security 3,150.00 3.90%
Sound 15,000.00 26.55%
Sound 20,190.00 24.98%
TO Northgate District
Association 0.00 0.00%
TO Northgate District
Association 2,250.00 2.78%
------------ ------------------------ ------------
TOTAL EXPENSES 56,500.00 100.00%
TOTAL EXPENSES 80,822.27 100.00%
------------ ------------------------ ------------
OVERALL TOTAL 0.00 OVERALL TOTAL -12,962.27
After applying last years grants funds primarily to increase the budget for Bands, we realized that we can't just
increase the Band budget without a similar increase in the advertising and marketing budgets. So, 2008 Grant funds
will be used for band and logistical needs such as sound and equipment rental as well as for the necessary
advertising and marketing.
* Estimating expenditures of City funds will be $5,000 for Advertising & Marketing, $10,000 for Bands/Hospitality
and $10,000 for Sound/Operating expenses.
1971
January 24, 2008
Consent Agenda 2j
Storm Water Management Program
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding Texas
Commission on Environmental Quality (TCEQ) General Permit to Discharge Under the Texas
Pollutant Discharge Elimination System (TPDES) No. TXR040000.
Recommendation(s): Staff recommends approval of a resolution authorizing the Mayor to
sign the resolution to endorse the program submittal to TCEQ.
Summary: This item is the action item following a workshop presentation on December
13, 2007. The state is requiring designated cities to implement storm water programs to
eliminate pollution. The state has defined minimum standards that each program must
satisfy. The program outlines only a framework of actions and goals over a 5 year period.
Specific ordinances, guidelines, best management practices, etc will be developed and
brought to Council over this 5 year period with the assistance of public input.
The referenced state requirement was adopted at the August 8, 2007 TCEQ agenda,
becoming effective August 13, 2007. The City of College Station is identified as a regulated
entity under this permit and is required to submit a Storm Water Management Program
(SWMP) to TCEQ by February 11, 2008.
Budget & Financial Summary: N/A
Attachments:
1) Resolution
2) Notice of Intent (NOI)
3) NOI Checklist
4) Storm Water Management Plan (available to view at the City Engineer’s Office)
72
RESOLUTION NO._________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AUTHORIZING THE IMPLEMENTATION OF A STORM WATER
MANAGEMENT PROGRAM FOR THE CITY OF COLLEGE STATION TO MANAGE
THE QUALITY OF DISCHARGES FROM THE MUNICIPAL SEPARATE STORM
SEWER SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Environmental Protection Agency under the National Pollutant Discharge
Elimination System has delegated responsibility in this matter to the State of Texas under
provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code; and
WHEREAS, the State of Texas under the Texas Pollutant Discharge Elimination System has
delegated responsibility in this matter to its municipalities; and
WHEREAS, Municipal Separate Storm Sewer System refers to a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) owned by the City of College Station and
designed or used for collecting or conveying storm water and not combined with sanitary sewer.
This term does not include separate storm sewers in very discrete areas, such as individual
buildings as long as they are not physically connected to the public storm sewer system; and
WHEREAS, the City of College Station (“City” hereinafter) must submit a Notice of Intent and a
Storm Water Management Program to the Texas Commission on Environmental Quality before
February 8, 2008 to be in compliance with General Permit No. TXR040000 issued on August 13,
2007 as part of the Texas Pollutant Discharge Elimination System; and
WHEREAS, the College Station City Council authorizes the City Manager to execute any
documents related to the Storm Water Management Program including but not limited to the
Notice of Intent; and
WHEREAS, the City of College Station is dedicated to protecting the health and safety of its
citizens by managing the quality of the discharges from the Municipal Separate Storm Sewer
System; and
WHEREAS, in furtherance of such objective, the City will develop and implement a Storm
Water Management Program within five (5) years from August 13, 2007; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: The City will prepare and submit a Notice of Intent to the Texas Commission on
Environmental Quality stating the City’s intent to comply with General Permit No.
TXR040000 issued on August 13, 2007.
PART 2: The City Manager is authorized to execute any documents related to the Storm
Water Management Program including but not limited to the Notice of Intent.
73
RESOLUTION NO. _________________ Page 2
PART 3: The City will develop and implement a Storm Water Management Program within
five (5) years from August 13, 2007. The program will include additional
ordinances and standards for all construction activities along with new
development standards and storm water quality educational components.
PART 4: The City will enforce the Storm Water Management Program through plan review
and construction inspections.
PART 5: This resolution shall be effective immediately upon its adoption.
ADOPTED this _____________ day of __________________________, A.D. 2008.
ATTEST: APPROVED:
_______________________________ ______________________________________
City Secretary MAYOR
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt _______________________________
City Attorney
74
Dircharges from Small M un.I~tpd Separate nw:
1 43t~m~erSystems(MSJ)~n&rtheTPDES
Phase II MS4 General Pwdt -8i8]
75
76
c. is the discharge or potential discharge from regulated construction activities within the Recharge Zone, Contributing Zone,
or Contributing zone within the Transition zone ofthe Edwards Aquifer? n~es NO
If the answer is "Yes", please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule (30 TAC
Chapter 2 13) must be either included or referenced in the construction storm water pollution prevention plan(s).
6. Discharge Information
a What is the name of the receiving water body@) from the MS4?
Brazos River
Carters Creek
b. What is the classified segment(s) that receives discharges, directly or indirectly, from the small MS4?
SeglD: 1209C Carters Creek (unclassified water body)
c. Are any of the surface water Mia receiving discharges from the small MS4 on the latest EPA-approved CWA § 303(d)
list of impaired waters? Wos NO
If Yes, what is the name of the impaired water body(s) receiving the discharges fiom the small MS47
Carters Creek
d. Is the discharge into any other MS4 prior to discharge into surface water in the state? m~es NO
If Yes, what is the name of the MS4 Operator?
7. Edwards Aquifer
Is the discharge or potentid discharge from the MS4 within the Rech Zone, Contributing Zone, or Contributing Zone
wihin~eTranritionZmeofthsEdwardsAquifeR =Yes mNo
If the mwer is Yes, please note that a copy of the agency approved Plan required by the Edwards Aquifer Rule (30 TAC
Chapter 2 13) fbr activities dso ragulated under this general pennit must be either inc I uded or referenced in the S WMP.
8. Public M4pation Pmms
The OSce of Chief Clerk will send the operator or person responsible for publishing notice, the notice of the executive
director's pdiminary determination of the NO1 and SWMP, for publishing in a newspaper of largest circulation in the county
where the small MS4 is located. If multiple counties, notice must be published at least once in the newspaper of largest
circulation in the county containing the largest resident population.
The applicant must file with the Chief Clerk a copy of an affidavit of the publication within 60 days of receiving the written
instructions from the Office of Chief Clerk.
a. I will comply with the Public Participation requirements described in Part 1I.D. I2 of the general parnit. a~e.uNo
if No, coverage under this geneml permit is not obtainable.
b, Who is the person responsible for publishing notice of the executive director's preliminary determination on the NO1 and
I Phone No.: ( 979 I 7~3570 1 Extension:
S WMP? (Note: All contact information requested below is requited.)
Name: Alan Gibbs 1 We: Gky Engineer I Company: City of Col legs Station
FaxNo.: (979 ) 764-3496 1 E-mail Address: aaibt>s@cstx,nov
c. What is the name and location of the public Omtion where copies of the NO1 and SWMP, as well as the executive
Address: P.O. Box 9960
City: Cdteae Sfation
director's general permit and Eact sheet, may kw viewed?
Name of Public Place: City of College Station
1
State: TX 1 Zip Code: 77842
I planning and Development ~epartment I
Address of Pub1 ic Place: I I 0 1 Texas Avenue
College Station, TX
County of Public Place: Brazos
TCEQ- 20368 (0811 412007) Page 3
77
78
79
80
January 24, 2008
Consent Agenda Item 2k
Comprehensive Plan Update - Phase II Contract Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action and discussion regarding the
approval of a resolution for a contract amendment to the contract for consulting
services (Contract #08-041) with Kendig Keast Collaborative for the preparation of
Phase II of a new Comprehensive Plan.
Recommendation(s): Staff recommends approval of the attached resolution
amending the contract for consulting services by Kendig Keast Collaborative (KKC)
for Phase II of the Comprehensive Plan.
Summary: In October, the Council approved a contract with KKC in the amount of
$322,590 for the development of Phase II of the Comprehensive Plan update. Since
that time the Legal Department and the Planning & Development Services
Department have determined that the indemnity language contained in the approved
contract needs to be revised. This amendment doe not alter any other provisions of
the original contract nor does it change the cost of the project.
Budget & Financial Summary: NA
Attachments:
1. Resolution
2. Current Contract
81
AMENDMENT NO. I TO CONSULTANT CONTRACTNO. 08-041
BETWEEN THE CITY OF COLLEGE STATION AND KENDIG
KEAST COLLABORATIVE
WHEREAS, the City of College Station (the "City") and Kendig Keast Collaborative
("KKC''I entered into a Consultant Contract on November 2, 2007, for cor~slllting scrviccs for
Phase 11 of the Comprehensive Plan Update; and
WHEREAS, KKC has requested that the City consider arne~lding Article IV of the
Consultant Cot~tract; and
WHEREAS, the City and KKC' agee to amend Article 11' of the Consultant Contract in
its ~iltirety; now, therefore:
1. The Clty and KliC hereby agree !o ar11e11d Articlc IV of the Consultant Contract in its
cntirety a?, ~OIIOWS:
ARTICLE 1V
4.01 Indemnity. The Contractor agrees to indemnify, defeud, and hold harmless
the Citv, its officers, employccs, and agents (separately and collectively referred to in this
paragraph as "Indemnitee"), from and against any and all claims, losses, damages, causes
of action, suits, judgments, settlements made by Indemrliiee, and liability of every kind,
including all expenses of litigation, court costs, attorney's fees, and other reasonable costs
for damage to or loss of use of any property, for injuries to, or sichess or death of any
person, including but not limited to Contractor, any of its subcontractors of any tier, or of
any employee or invitee of Contractor or of any such subcontractors, that is caused by,
arises out of, related to, or in connection with, the negligence of andlor negligent
performance of this Contract by Contractor or by any such subcontractors of any tier,
under this Contract.
4.02 It is agreed with respect to any legal limitations now or hereafter in effect
and affecting the validity or enforceability of the indemnification obligation under
Paragraph 4.01, such legal limitations are made a part of the indemnification obligation
and shalI opcratc to amend the indemnification obligation to the minimum extent necessary
to bring the provision into conformity with the requirements of such limitations, and as so
modified, the indemnification obligation shall continue in full force and eHec t.
4.03 Release. The Contractor releases, relinquishes, and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to, sickness or death of
the Contractor or its en~ployees and any loss of or damage to any property of the
Contractor or its empioj.ees that is caused by or aIIegcd to be caused by, arises out of, or is
in connection 1r7ith the Contractor's work to be performed hereunder. Both the City and
the Contractor expressly intend that fhis release shall apply regardless of nhcther said
82
claims, demands, and causes of action are covered, in whole or in part, byr insurance and in
the event of injury, sickness, death, loss, or damage suffered by the Contractor or its
employees, but not otherwise, this release shall apply regardless of whether such loss,
damage, injur?.; or death ru-as caused in whole or in part by the City, any othcr par5
rcleased hereunder, the Contractor, or any third party.
2. AIL othcr terms and conditions of the Consultant Contract remain in etlkct.
KENUIG KEAST
COLLABORATIVE j
Vice President
ATTEST:
City Secretary
CITY OF COLT.EGE STATION
BY:
Mayor
Date
Date
APPROVED:
City Manager
City Attorney
Chief Firiar~cial Officer
83
January 24, 2008
Consent Agenda 2L
Resolution Determining Need
for the Raintree Greenways Project
To: Glenn Brown, City Manager
From: Bob Cowell, Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion approving a
Resolution Determining Need that identifies three tracts of land needed for the
Raintree Greenways Project.
Recommendation(s): Staff is recommending that the Resolution be approved,
which will authorize staff to negotiate for the purchase of three tracts of land needed
for the project. Upon completion of negotiations with each property owner, staff will
then present a Real Estate Contract to Council for further consideration.
Summary: The three tracts of land identified in the Resolution are located in the
flood plain along Wolf Pen Creek, east of Harvey Mitchell Parkway and north of the
Raintree neighborhood. The tracts are 4.6 acres, 8.52 acres, and 12.39 acres for a
total of 25.51 acres. The property will be used for greenways and for any other
municipal purpose, such as hike and bike trails and utility corridors.
Budget & Financial Summary: The purchase price for the property has not yet
been determined. Funding for the purchase is budgeted and available from the
Capital Improvements budget for Greenways projects.
Attachments:
1. Resolution Determining Need
2. Project Location Map
84
RESOLUTION DETERMINING NEED
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE,
COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, THE FEE
SIMPLE INTEREST IN CERTAIN PROPERTY FOR THE RAINTREE GREENWAYS
PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE
CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR
CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE
ACQUISITION OF SUCH INTEREST IN THE PROPERTY.
WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly
incorporated and chartered under the Constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs and maintains a greenways
system as a public service in order to provide parks, flood control, wildlife conservation
and bicycle and pedestrian routes; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of
the greenways system is a benefit to the public; and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of
eminent domain to acquire property in order to carry out the ownership, operation,
construction, repair, and maintenance of its greenways system pursuant to Chapter 25 1 of
the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article
I1 of the City's Charter; and
WHEREAS, the City is engaged in the following project regarding the improvements and
expansion to the greenways system - the Raintree Greenways Project, (the "Project");
and
WHEREAS, the City determines that the best interests and needs of the public, including
the health, safety and welfare of the public, require that the City proceed with the Project,
through the City's acquisition, by purchase or condemnation proceeding, of the fee
simple interest in the real property more fully described in Exhibit A, attached hereto and
incorporated herein by reference for all purposes (the "Property"); now, therefore;
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council of the City of College Station, Texas, hereby
officially determines that there is a public necessity for the Property, and
85
RESOLUTION NO. Page 2
the public welfare and convenience will be served by the acquisition of the
Property.
PART 2: That the City Manager is hereby authorized to contract, on behalf of the
City of College Station, with a professional appraiser for the appraisal
services, with a professional real estate agent to act as a Land Agent for
the City and with attorneys for preparation of title opinions needed by the
City from time to time in connection with acquisition of the Property.
PART 3: That the City's Land Agent or other staff appraiser is hereby authorized
and directed to examine the independent appraisal reports as they are
submitted to the City to determine whether said appraisal reports are
supported by sufficient data. Based upon such examination of said
appraisal reports, the Land Agent or other staff appraiser shall make a
recommendation to the City Manager as to the establishment and approval
of the amount of the just compensation for the Property.
PART 4: After consideration of said recommendation, the City Manager shall
establish and approve the amount determined for acquisition of the
Property.
ART 5: Upon establishment and approval by the City Manager of the amount of
just compensation for the acquisition of the Property, the City's Land
Agent, other staff appraiser or contracted real estate agent is authorized to
communicate a written offer to the property owners for the acquisition of
such interest at the full amount determined and established to be just
compensation therefore and to negotiate with said owners on behalf of the
City.
PART 6: That the Mayor after approval by City Council, or the City Manager as
delegated, is hereby authorized to execute all documents necessary to
acquire said Property for the Project, on behalf of the City of College
Station.
PART 7: That, if necessary, and should a property owner fail to accept a bona fide,
good faith offer from the City to purchase the required Property, City
representatives shall have the authority to initiate and complete
condemnation proceedings against said owner, in order to acquire through
condemnation all required property interests and title regarding such
property.
86
RESOLUTION NO. Page 3
PART 8: That the City Manager be and is hereby authorized to sell any such surplus
improvements, or order the demolition thereof, if any, located on the real
property acquired in connection with this Project.
PART 9: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this day of , A.D. 200-.
ATTEST: APPROVED:
City Secretary
APPROVED:
/<&Am,
City Attorney
MAYOR
87
RESOLUTION NO. Page 4
EXHIBIT "A
THELMA McGILL, TRUSTEE TRACT
Being a 4.6 acre tract of land, more or less, being part of a 14.27 acres tract of
land lying and situated in the Morgan Rector League, A-46, College Station,
Brazos County, Texas, said 14.27 acre tract being the same parcel described in
Warranty Deed with Vendors Lien from Lydia Frances Boriskie to Davis McGill,
Trustee dated August 22, 1983 recorded in Volume 597 Page 226, Deed
Records of Brazos County, Texas.
Said 4.6 acre tract is located in the flood plain of Wolf Pen Creek and is generally
depicted on Attachment 1 as the "McGill Property" and will be more particularly
described by plat and field notes prepared by a Registered Professional Land
Surveyor at a subsequent day and time.
OAKWOOD CUSTOM HOMES GROUP, LTD TRACT
Being an 8.51 acre tract of land, more or less, being part of a 29.51 acre tract of
land lying and being situated in the Morgan Rector League, A-46, College
Station, Brazos County, Texas, said 29.51 acre tract being the same parcel
described as TRACT ONE in Warranty Deed from Burton Ray Hermann and wife
to Oakwood Custom Homes Group, LTD., dated November 30,2004 recorded in
Volume 641 3 Page 107, Official Records of Brazos County, Texas.
Said 8.51 acre tract is located in the flood plain of Wolf Pen Creek and is
generally depicted on Attachment 1 as "Oakwood Custom Homes" and will be
more particularly described by plat and field notes prepared by a Registered
Professional Land Surveyor at a subsequent day and time.
SHELLEY J. CASHION, TRUSTEE TRACT
Being a 12.39 acre tract of land, more or less, situated in the Morgan Rector
League, A-46, College Station, Brazos County, Texas, being the same parcel
described in General Warranty Deed from Shelly Cashion to Shelley J. Cashion,
Trustee , Ethyl Burgess Cashion Life Insurance Trust UTD 3/24/88, dated June
1,1999, recorded in Volume 3559 Page 269, Official Records of Brazos County,
Texas.
88
RESOLUTION NO. Page 5
Said 12.39 acre tract is located in the flood plain of Wolf Pen Creek and is
generally depicted on Attachment 1 as "Shelly Cashion" and will be more
particularly described by plat and field notes prepared by a Registered
Professional Land Surveyor at a subsequent day and time.
89
RESOLUTION NO. Page 6
ATTACHMENT I
90
91
January 24, 2008
Consent Agenda 2M
Letter of Acknowledgement from the Heart of Texas Regional Advisory Council for
the Office of Assistant Secretary of Preparedness and Response (OASPR) Grant
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution accepting the terms and conditions in the Letter of Acknowledgement from the
Heart of Texas Regional Advisory Council and accept the Office of Assistant Secretary of
Preparedness and Response (OASPR) Grant in the amount of $56,600.00.
Recommendation(s): Staff recommends acceptance of the LOA and the OASPR Grant.
Summary: The City of College Station was awarded $56,600.00 grant from the Office of
Assistant Secretary of Preparedness and Response (OASPR) through the Trauma Service
Area N. The funding will be used by the Emergency Management Division of the Fire
Department to purchase equipment that will enhance the response capabilities to terrorist
threats or catastrophic events. Attached is the equipment list for the OASPR Grant Program
which funds will be expended to enhance our WEBEOC Capabilities for the Region and the
hospitals. The period of performance of this agreement is from September 1, 2007 –
August 31, 2008.
Budget & Financial Summary: This equipment grant is a purchase and reimbursement
type program. This item will be added to a future budget amendment to provide the budget
appropriation for this grant in the General Fund Fire Department Budget.
Attachments:
Letter of Acknowledgement
OASPR Grant Equipment List, City of College Station
Resolution
92
PO Box 8600 • Waco, Texas 76714
Letter of Acknowledgement
Between
Heart of Texas Regional Advisory Council
Serving TSA M & TSA N
P.O. Box 8600
Waco, Texas 76714
And
City of College Station
P.O. Box 9960
College Station, Texas 77842
Mayor: Ben White
REGARDING: HOSPITAL PREPAREDNESS PROGRAM FUNDS
BACKGROUND
The US Department of Health & Human Services (HHS) provides funding for community
preparedness and hospital preparedness. The HHS funding is awarded via two
separate but interrelated cooperative agreements. HHS Centers for Disease Control
and Prevention (CDC) provides funds for strengthening public health preparedness to
address bioterrorism, outbreaks of infectious diseases and public health emergencies.
This funding stream focuses on the critical tasks necessary for the public health
community to prepare for and respond to a terrorist event or other public health
emergencies, emphasizing integrated response systems. The ability to quickly and
effectively distribute preventive medication in affected areas is one of the nation’s top
priorities to be addressed by these funds.
The Office of Assistant Secretary of Preparedness and Response (OASPR) provides
funds for states through the Hospital Preparedness Program (HPP) to develop a
comprehensive all-hazards approach to enhance hospital response capability (for
responding to mass casualty events).
National Preparedness Goal (The Goal)
The goal is a collective vision for National preparedness, and establishes National
Priorities to guide preparedness efforts at the Federal, State, local and tribal levels. The
Goal establishes a framework that guides entities at all levels of government in the
development and maintenance of capabilities to prevent, protect against, respond to,
and recover from major events, including “Incidents of National Significance” as defined
in the National Response Plan (NRP). Additionally, the Goal will assist entities at all
levels of government in the development and maintenance of the capabilities to identify,
prioritize, and protect critical infrastructure.
The Goal outlines seven priorities that fall into two categories: three overarching
priorities and four capability-specific priorities.
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1 of 5
Overarching:
1. Expanded Regional Collaboration
2. Implement the National Incident Management System (NIMS) and NRP
3. Implement the National Infrastructure Protection Plan (NIPP)
Capability-specific
4. Strengthen Information Sharing and Collaboration Capabilities
5. Strengthen Interoperable Communications Capabilities
6. Strengthen Chemical, Biological, Radiological/Nuclear, and Explosive (CBRNE)
Detection, Response, and Decontamination Capabilities
7. Strengthen Medical Surge and Mass Prophylaxis
The HPP will continue to support capabilities-based planning by setting priorities that
must be met by the end of the budget period. In an effort to continue strengthening
healthcare medical surge capability across the nation, five (5) sub-capabilities are
mandated of recipients. These must be completed by July 31, 2008.
A. Interoperable communication system
B. Bed tracking system
C. ESAR-VHP System
D. Fatality management plans
E. Hospital evacuation plans
Training, exercises and corrective actions, National Incident Management System
(NIMS) compliance and needs of at-risk populations shall be considered components of
each sub-capability addressed by the States and jurisdictions and incorporated into all
work on the sub-capabilities.
For preparedness efforts in the counties of the Heart of Texas Region that constitute
Trauma Service Area – M and the Brazos Valley Region that constitute Trauma Service
Area - N, DSHS has contracted with the Heart of Texas Regional Advisory Council
(HOTRAC) for distribution of the OASPR HPP funds.
PURPOSE
The purpose of this letter is to form an agreement between the HOTRAC – as the
DSHS contractor – and the preparedness stakeholder, outlining the responsibilities of
each party. As a condition of grant funds participation, the preparedness stakeholder
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2 of 5
agrees to work to achieve identified hospital/healthcare capabilities, maintain minimum
levels of readiness and monitor readiness as described by OASPR guidance.
CONDITIONS
To facilitate the administration of these funds, the HOTRAC has established an
Emergency Preparedness and Response Committee (EPR) in each TSA. The EPR
consists of all participating hospitals in the Trauma Service Area, representatives of
Emergency Medical Services, Emergency Management, Council of Governments and
local and regional Public Health staff.
The preparedness stakeholder agrees to participate in all actual emergency response
activities in their region, which may include but not limited to receiving patients that are
appropriate for their classification and capabilities from the scene of a major incident.
The preparedness stakeholder also agrees to comply with the EPR expenditure plans,
which are developed on a consensus basis, to address response capability goals. A
summary of both parties’ responsibilities follows.
HOTRAC Responsibilities:
1. Provide guidance to the preparedness stakeholder(s) and EPR regarding the
development of OASPR preparedness, response capabilities, surge capacity of
hospitals and other health care facilities, trauma care and emergency medical
service systems to include:
a. Emergency medical management and treatment capabilities;
b. Medical evacuation and fatality management;
c. Rapid distribution and administration of medical countermeasures;
d. Effective utilization of any available public and private mobile medical
assets and the integration of federal assets;
e. Protection of health care workers and health care first responders from
workplace exposures during a public health emergency;
f. Evaluation of alternate care sites in collaboration with public health and
health care systems in reference to medical surge for the region.
2. Distribute goods and services to participating hospitals according to the EPR
distribution/work plan in support of and in compliance with the OASPR
guidelines.
3. Distribute HPP funding to other projects or entities according to the EPR
distribution/work plan in support of and in compliance with the OASPR
guidelines.
4. Ensure compliance with the DSHS HPP contract, including monitoring of the
progress of response capabilities.
5. Provide administrative support to the EPR main meetings and EPR workgroups.
6. Represent the EPR in Emergency Management, Exercise and other pertinent
meetings on an “as needed” basis.
7. Report periodically to hospital senior leadership on the status of reaching
response capability metrics.
8. Identify, with the Office of Emergency Management, suitable alternate care sites.
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Participating Preparedness Stakeholder Responsibilities:
The following are standard conditions required of Texas Department of State Health
Services contracts and sub-agreements:
Funds are pooled and expended centrally from the HOTRAC to obtain economies of
scale and provide unified preparedness levels. Approved expenses specific to a
preparedness stakeholder are paid by the HOTRAC after invoices and proof of payment
are provided by the entity.
1. Provide 75% representation at the monthly planning group meetings.
2. Properly store, monitor and maintain all equipment purchased with HPP funds.
3. If an acute care hospital, will maintain a minimum level of preparedness of PPE
(12 level C sets) and decontamination capability, provide required annual training
and submit documentation to the HOTRAC.
4. Participate in HOTRAC conducted surveys assessing emergency preparedness.
5. If a hospital, report bed availability in a timely manner using EMSystem.
6. Participate in the update of the Health and Medical Annex (H) of the City/County
Emergency Operations Plan.
7. Complete the requirements of seventeen (17) NIMS Implementation Activities for
Hospitals by July 31, 2008. Quarterly progress will be reported to the HOTRAC.
8. Identify a Point of Contact for notification in the event of an emergency/disaster
situation by November 30, 2007.
9. Identify a Public Information Officer by July 31, 2008.
10. Have protocols in place for the collection and communication of information
needed to protect the public and stem the transfer of disease within the
community by July 31, 2008.
11. If a hospital, complete an evacuation plan to include transportation plans by July
31, 2008.
12. If a hospital, complete a prophylaxis distribution plan for patients, employees and
their families by July 31, 2008.
13. Collaborate in the development of a regional mass fatality plan.
14. Participate in the evaluation of patient tracking systems.
15. Participate in the integration of local and regional emergency preparedness and
response activities.
16. Submit copies of After-Action Reports to the HOTRAC within 45 days of the
exercises.
17. Participate in all actual emergency response activities in the region, which may
include but not limited to receiving patients that are appropriate for your
classification and capabilities from the scene of a major incident.
18. Report the status of Continuation of Operations Plans.
19. Hospitals participating in the Hospital Preparedness Program should plan to
manage a surge capacity of 10%-20% above the daily staffed beds average.
TERM
96
4 of 5
This agreement may be amended upon agreement of both parties. When changes in
the capabilities occur or when other changes modify the intent of the agreement, those
changes will be subject to renegotiation.
The time period for this agreement is September 1, 2007 to August 31, 2008.
Both parties reserve the right and privilege to terminate and cancel this Agreement with
or without cause at any time either party deems this to be in its best interest. The notice
of termination shall be in writing and shall provide the other party with a minimum of
thirty (30) days notice.
I understand that signatories to the Agreement are subject to Federal A-133 audits and
other performance measures related specifically to expenditures of the OASPR funds.
By my signature, I attest to understanding the goals of OASPR Hospital Preparedness
Program (HPP), and as one of the participating preparedness stakeholders in TSA M or
N, will support an appropriate share of activity (as determined by its specific EPR) to
support and comply with the benchmarks as displayed in this Agreement and its
attachments.
CEO/Administrator Signature Date
HOTRAC Executive Director Signature Date
97
TSA N
OASPR Grant Fundeing Year 6
City of College Station
WEBEOC Project
Line Item Quanity Price Sub-Total Remarks
1 SSL Certificates 2 500.00$ 1,000.00$
2 Windows Server 2003 Upgrade 3 500.00$ 1,500.00$
3 Double-Take 6 600.00$ 3,600.00$ 3 Year Contract
4 Server RAID 10 2 8,000.00$ 16,000.00$
5 SQL Server 1 4,500.00$ 4,500.00$
6 WEBEOC Maint Contract 3 10,000.00$ 30,000.00$ 3 Year Contract
56,600.00$ Project Total
98
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RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, ACCEPTING THE TERMS AND CONDITIONS IN THE LETTER OF
ACKNOWLEDGEMENT FROM THE HEART OF TEXAS REGIONAL ADVISORY
COUNCIL AND ACCEPTING THE OFFICE OF ASSISTANT SECRETARY OF
PREPAREDNESS AND RESPONSE (OASPR) GRANT.
WHEREAS, the Office of Assistant Secretary of Preparedness and Response (OASPR) Grant
Office for Domestic Preparedness, a component of the U.S. Department of Homeland Security,
has awarded the Heart of Texas Regional Advisory Council the OASPR Grant; and
WHEREAS, the Heart of Texas Regional Advisory Council has served the City of College
Station with notice that it is a recipient of a grant of the 2007 Office of Assistant Secretary of
Preparedness and Response (OASPR) Grant Office for Domestic Preparedness in the amount of
$56,600.00; and
WHEREAS, the City Council appoints the Emergency Management Coordinator, Brian Hilton
as the authorized contact person for the 2007 OASPR Grant Program; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby accepts the terms and conditions in the Letter of
Acknowledgement from the Heart of Texas Regional Advisory Council as set
forth in Exhibit “A” attached hereto, accepts the Office of Assistant Secretary of
Preparedness and Response (OASPR) Grant in the amount of $56,000, and herein
authorizes the City Manager or his designee to take any and all reasonable
measures to comply with the terms and conditions of said letter and said grant.
PART 2: That this resolution shall take effect immediately from and after its passage.
ADOPTED this ______________ day of ____________________________, A.D. 2008.
ATTEST: APPROVED:
_______________________________ ______________________________
City Secretary Mayor
APPROVED:
_
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______
City Attorney
99
January 24, 2008
Consent Agenda Item 2n
ILA for a Transportation Modeler Position with the
Bryan-College Station Metropolitan Planning Organization
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on a resolution
authorizing the Mayor to sign an Interlocal Agreement to participate in the funding for a
modeler position at the Bryan-College Station Metropolitan Planning Organization
(BCSMPO). Annual cost to the City of College Station is $15,000.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The Bryan-College Station Metropolitan Planning Organization hired a
Transportation Modeler to be responsible for developing and maintaining a travel demand
model for Brazos County. In addition, the Transportation Modeler is available to provide the
city information that would be helpful in the consideration of land use changes,
thoroughfare amendments, and transportation project priorities. It was agreed that this
position would be funded equally by the City of College Station, City of Bryan, Brazos
County, and Texas A&M University, thus the overall cost of adding this position at the
BCSMPO is $15,000 for the City of College Station. Additionally, any future salary
adjustments would be shared equally as well.
This was approved as an SLA in the FY07 budget as an annually recurring item.
Budget & Financial Summary: The annual funding for this item was approved in the
FY07 budget; therefore, it does not impose any new financial responsibilities.
Attachments:
1. Resolution
2. Interlocal Agreement
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT
WITH THE BRYAN-COLLEGE STATION METROPOLITAN PLANNING
ORGANIZATION (BCSMPO) TO PARTNER IN THE FUNDING OF A
TRANSPORTATION MODELER POSTION AT THE BCSMPO.
WHEREAS, the Bryan-College Station Metropolitan Planning Organization, hereinafter referred
to as the “BCSMPO” has a policy committee that oversees its operation that has representatives
from the five following local governments: the City of College Station, hereinafter referred to as
the “City”, the City of Bryan, Texas A&M University, Brazos County, and the Texas
Department of Transportation, and
WHEREAS, the City, the City of Bryan, Texas A&M University, and Brazos County have
agreed to equally fund this position at the BCSMPO at the rate of $15,000 per year, and
WHEREAS, the City made a service level adjustment in August 2007 to include this amount in
the City’s FY07 Budget; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council of the City of College Station, Texas, hereby approves the
Interlocal Agreement with the BCSMPO to partner in the funding of the
Transportation Modeler position as set forth in Exhibit “A” attached hereto.
PART 2: That the City Council of the City of College Station hereby authorizes the Mayor
to sign and the City Secretary to attest the Interlocal Agreement referred to above.
PART 3: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
City Attorney
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INTERLOCAL AGREEMENT
FOR THE BRYAN/COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION,
AND PARTNER PLANNING AGENCIES
This Agreement (“Agreement”) is effective as of the first effective date of employment for the new
transportation modeler / GIS hire. This Agreement is between the BRYAN/COLLEGE STATION
METROPOLITAN PLANNING ORGANIZATION (hereafter referred to as “MPO”) and the following
organizations:
· TEXAS A&M UNIVERSITY (hereafter referred to as TAMU),
· BRAZOS COUNTY,
· CITY OF COLLEGE STATION, and
· CITY OF BRYAN
WHEREAS, Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act,
authorizes local governments to contract with each other to perform functions or services each party to the
contract is authorized to perform individually; and
WHEREAS, TAM U, Brazos County, the City of College Station and the City of Bryan each desire to enter
into an Interlocal Agreement to provide total funding in the amount of $60,000.00 per year in support of a
new transportation modeler / Geographic Information System (GIS) employee for the MPO; and
WHEREAS, TAMU, Brazos County, the City of College Station and the City of Bryan will equally divide the
funding for this position at $15,000; and
WHEREAS, TAMU, Brazos County, the City of College Station and the City of Bryan agree that this
position will provide technical support for the MPO in the development of a transportation model that will
allow the MPO to support the development of a long range plan; and
WHEREAS, the MPO and TAMU and Brazos County, the City of College Station and the City of Bryan
work together to create a continuing, cooperative, and comprehensive planning process, and are authorized
to enter into this Agreement;
NOW, THEREFORE, in consideration of the recitals and mutual covenants made by the MPO, TAMU,
Brazos County, the City of College Station and the City of Bryan to be respectively kept and performed,
the parties agree as follows:
SECTION I. PURPOSE OF AGREEMENT
1.1 The purpose of this Agreement is to establish the responsibilities of the MPO, TAMU, Brazos
County, the City of College Station and the City of Bryan regarding the funding and maintenance of the
transportation modeling / GIS position for the MPO.
SECTION II. TERM
2.1 This Agreement renews annually on October 1st, concurrent with the start of a new fiscal year.
2.2 This Agreement may be terminated by the TAMU, Brazos County, the City of College Station or the
City of Bryan without cause, provided written notice is provided to the MPO, within thirty (30) calendar days
before the renewal date of the Agreement.
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SECTION III. HIRING / TERMINATING
3.1 The parties agree to work together to identify the most qualified individual to fill this position. The
parties further agree that this employee will report to the Director of the MPO who will be responsible for
directing this individual in their daily work efforts and will further be responsible for any disciplinary or
other action as may be needed.
SECTION IV. PROJECT RESPONSIBILITIES
4.1 The parties agree that this transportation modeling / GIS position will be responsible for the
following activities:
· updating the transportation model to be used for long range planning;
· coordinating with the Texas Department of Transportation (hereafter known as TxDOT) to ensure that
timelines and goals, in respect to the transportation model, are being met;
· acting as liaison with TAMU, Brazos County, the City of College Station, the City of Bryan, and
The District to closely monitor changes in the system, that affect the model;
· to provide support information to TAMU, Brazos County, the City of College Station and the City of
Bryan, as requested, in key transportation-related decisions; and
· advance the MPO’s technical proficiency in using computers for long range planning decisions.
SECTION V. PROJECT COSTS
5.1 The total annual salary with benefits for this new employee of the MPO will be $60,000.
5.2 Each entity - TAMU, Brazos County, the City of College Station and the City of Bryan, agrees to
contribute one-fourth of the total salary for the new employee, but in no event more than Fifteen
Thousand and No/1 00 Dollars ($15,000) per entity, per year.
5.3 Each payment to the MPO will be made from currently available revenues in a lump sum, within
thirty (30) days after October 1st of each year in the Agreement.
5.4 As the salary increases, due to cost of living or merit increases, the MPO agrees to pay for the
portion above $60,000, until such time, this Agreement is modified.
SECTION VI. MODIFICATION OF AGREEMENT
6.1 The terms and conditions of this Agreement may be modified at any time by the mutual consent of
all parties; however, no amendment or modification to this Agreement is effective unless and until it is
reduced to writing and signed by duly authorized representatives for all entities.
SECTION VII. WRITTEN NOTICE
7.1 Unless otherwise specified, written notice will be deemed to have been duly served if delivered in
person to the individuals listed below or if it is delivered or sent certified mail to the business address
below. Each party will have the right to change its business address by at least thirty (30) calendar days
written notice to the MPO.
MPO: Linda LaSut
Director
3608 E. 29th Street
Suite 113
Bryan, TX 77802
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TAMU: Charles A. Sippial, Sr.
Vice President for Facilities
218 Administration Building
College Station, TX 77843-1247
BRAZOS COUNTY: Judge Randy Sims
Brazos County Courthouse
Bryan, Texas 77803
CITY OF COLLEGE STATION: Mayor Ben White
P. O. Box 9960
College Station, Texas 77840
CITY OF BRYAN: Mayor Mark Conlee
P. O. Box 1000
Bryan, Texas 77805
SECTION VIII. STATE AGENCY
8.1 The MPO, TAMU, Brazos County, the City of College Station and the City of Bryan expressly
acknowledges that nothing in this Agreement will be construed as a waiver or relinquishment to claim
exemptions, privileges, and immunities as may be provided by law.
SECTION IX. WAIVER
9.1 Failure of any party, at any time, to enforce a provision of this Agreement, in no way constitutes a
waiver of that provision, nor in anyway affects the validity of this Agreement, any part of this Agreement, or
the right of the party thereafter to enforce each and every provision of this Agreement. No term of this
Agreement will be deemed waived or breach excused unless such waiver is in writing and signed by the
party claiming to have waived. Furthermore, any consent to or waiver of a breach will not constitute
consent to or waiver of or excuse of any other different or subsequent breach.
SECTION X. INVALIDITY
10.1 If any portion of this Agreement is held invalid, illegal or unenforceable by a court or other tribunal
of competent jurisdiction, the validity, legality and enforceability of the remaining provision will not in any
way be affected or impaired. The parties will use their best efforts to replace the provisions of this
Agreement with legal terms and conditions approximating the original intent of the parties.
SECTION XI. ENTIRE AGREEMENT
11.1 It is understood this Agreement contains the entire Agreement among parties and supersedes
any and all prior agreements, arrangements, statements, promises, or inducement contrary to the terms of
this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or
conversation with any officer, agent, or employee of the MPO, TAM U, Brazos County, the City of College
Station or the City of Bryan, either before or after the execution of this Agreement, affects or modifies any
terms or obligations of this Agreement.
SECTION XII. CHOICE OF LAW
12.1 This Agreement is governed by the laws of the State of Texas.
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SECTION XIII. PLACE OF PERFORMANCE
13.1 Performance of this Agreement is in Brazos County, Texas.
SECTION XIV. AUTHORITY
14.1 Each party has full power and authority to enter into and perform under this Agreement, and the
person signing this Agreement on behalf of each party has been properly authorized and empowered to
enter into this Agreement. The persons executing this Agreement represent that they have authorization to
sign on behalf of their respective entities.
SECTION XV. AGREEMENT READ
15.1 Each party acknowledges that it has read and understands and intends to be bound by the terms
and conditions of this Agreement.
SECTION XVI. MULTIPLE ORIGINALS
16.1 It is understood and agreed this Agreement may be executed in a number of identical counterparts
with each deemed an original for all purposes.
16.2 IN WITNESS OF THIS AGREEMENT, the MPO, TAMU, Brazos County, the City of College Station
and the City of Bryan, through their duly appointed agents have executed this Agreement in duplicate
originals.
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BRYAN / COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION
EXECUTED this the_________day of____________________, 2008 by MPO.
By: _______________________________________
LINDA LASUT Director
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TEXAS A&M UNIVERSITY
EXECUTED this the_________day of_____________________, 2008 by Texas A&M University.
By: _________________________________________
ROBERT T. BISOR
Associate Vice President & Chief of Staff &
University Contracts Officer
RECOMMEND APPROVAL:
_____________________________________
CHARLES A. SIPPIAL, SR.
Vice President for Facilities
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BRAZOS COUNTY
EXECUTED this the_________day of_____________________, 2008 by Brazos County.
By: ________________________________________
RANDY SIMS County Judge
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CITY OF COLLEGE STATION
EXECUTED this the_________day of____________________, 2008, by City of College Station.
BY:____________________________________
Mayor – City of College Station
ATTEST:
__________________________________
City Secretary
APPROVED:
__________________________________
City Manager
__________________________________
City Attorney
__________________________________
Chief Financial Officer
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CITY OF BRYAN
EXECUTED this the_________day of_____________________, 2008 by City of Bryan.
By: _________________________________________
MAYOR MARK CONLEE Mayor – City of Bryan
ATTEST:
_____________________________________
City Secretary
110
January 24, 2008
Consent Agenda 2o
Resolution Approving Green College Station Policy
To: Glenn Brown, City Manager
From: Terry L. Childers, Deputy City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
adopting Green College Station Policy.
Recommendation(s): Approval of the resolution.
Summary: The Council received a briefing at its December 13, 2007 Council meeting
Green College Station – A White Paper on Resource Conservation and Sustainability. The
White Paper recommended the adoption of a formal policy statement to guide the
development of the GREEN COLLEGE STATION ACTION PLAN. The Action Plan will address
the following areas:
1) Energy efficiency and renewable energy
2) Air Quality / Reduction HCF footprint
3) Water conservation
4) Protection of open space and green areas
5) Green building
6) GHG emission reduction
The resolution also recommends the following:
a) Appointment of a Green College Station Citizens Task Force to support the City
Manager’s efforts to formulate the Action Plan.
b) Authorize the Mayor to sign on behalf of the City the US Conference of Mayors
Climate Protection Agreement.
Budget & Financial Summary: N/A
Attachments:
Council resolution
111
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, APPROVING GREEN COLLEGE STATION POLICY.
WHEREAS, Sustainability and resource conservation has become a constant on
the local government landscape; and
WHEREAS, Sustainability and conservation of resources has a direct
connection to the quality of life in the community; and
WHEREAS, Viewing sustainability holistically, cities can account for real savings
in terms of deferring capital and operating costs; and
WHEREAS, many cities throughout the nation, both large and small, are
adopting sustainability and resource conservation programs; and
WHEREAS, the City Council of College Station, Texas has expressed a strong
desire to address sustainability issues, resource conservation, and reduction of
the carbon footprint through the establishment of clear policy and the
development of GREEN COLLEGE STATION ACTION PLAN; and
WHEREAS, the City Council of the City of College Station, Texas, has been
briefed on the proposed GREEN COLLEGE STATION INITIATIVE; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council hereby establishes GREEN COLLEGE
STATION policy statement as follows: College Station is committed
to being a leader in resource conservation and protection of our
environment. GREEN COLLEGE STATION will express the City’s
commitment to achieve resource conservation and sustainability
over the long-term. It is recognized there are four interdependent
elements to the quality of life aspects of sustainability: (a)
balancing environmental stewardship; (b) economic development;
(c) social equity; and (d) financial and organizational viability.
College Station City Manager is directed to develop the GREEN
COLLEGE STATION ACTION PLAN for Council approval to direct
the City’s efforts to implement its green strategies..
PART 2: That the City Council hereby authorizes the Mayor to sign and
submit to the US Conference of Mayors – the US Conference of
Mayors Climate Protection Agreement on behalf of the City of
College Station (attachment 1).
PART 3: That the City Council recognizes the need to engage a broad cross
section of the community in the GREEN COLLEGE STATION
112
RESOLUTION NO. _________________ Page 2
INITIATIVE, the Council will appoint a seven (7) member task force
to support the City Manager’s efforts to develop the GREEN
COLLEGE STATION ACTION PLAN; The City Manager will
provide for broad community education, input, and comments on
the proposed GREEN COLLEGE STATION ACTION PLAN prior to
submission to Council for consideration.
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 Harvey Cargill
VERIFY authenticity with ApproveIt
______________________________
City Attorney
113
RESOLUTION NO. _________________ Page 2
Attachment 1
The U.S. Mayors Climate Protection Agreement (As endorsed by
the 73rd Annual U.S. Conference of Mayors meeting, Chicago, 2005)
A. We urge the federal government and state governments to enact policies
and programs to meet or beat the target of reducing global warming pollution
levels to 7 percent below 1990 levels by 2012, including efforts to: reduce the
United States’ dependence on fossil fuels and accelerate the development of
clean, economical energy resources and fuel-efficient technologies such as
conservation, methane recovery for energy generation, waste to energy, wind
and solar energy, fuel cells, efficient motor vehicles, and biofuels;
B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction
legislation that 1) includes clear timetables and emissions limits and 2) a flexible,
market-based system of tradable allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol targets for reducing global
warming pollution by taking actions in our own operations and communities
such as:
1. Inventory global warming emissions in City operations and in the
community, set reduction targets and create an action plan.
2. Adopt and enforce land-use policies that reduce sprawl, preserve
open space, and create compact, walkable urban communities;
3. Promote transportation options such as bicycle trails, commute trip
reduction programs, incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy by, for example, investing
in “green tags”, advocating for the development of renewable energy
resources, recovering landfill methane for energy production, and supporting
the use of waste to energy technology;
5. Make energy efficiency a priority through building code improvements,
retrofitting city facilities with energy efficient lighting and urging employees to
conserve energy and save money;
6. Purchase only Energy Star equipment and appliances for City use;
7. Practice and promote sustainable building practices using the U.S.
Green Building Council's LEED program or a similar system;
8. Increase the average fuel efficiency of municipal fleet vehicles;
reduce the number of vehicles; launch an employee education program
including anti-idling messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in water and
wastewater systems; recover wastewater treatment methane for energy
production;
10. Increase recycling rates in City operations and in the community;
114
RESOLUTION NO. _________________ Page 2
11. Maintain healthy urban forests; promote tree planting to increase
shading and to absorb CO2; and
12. Help educate the public, schools, other jurisdictions, professional
associations, business and industry about reducing global warming pollution
115
January 24, 2008
Consent Agenda Item 2p
Citizen Advisory Committee Responsibility
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion of a job description defining
the responsibilities of members of the CIP Citizen Advisory Committee.
Recommendation(s): Staff recommends that Council adopt the proposed job description.
Summary: On December 13, Council appointed members to a Citizen Advisory Committee.
On January 10, Council appointed a chair and vice-chair for the committee. In 2003, the
committee’s responsibilities were communicated via the attached job description. Staff is
proposing the Council adopt that same description of responsibilities for the 2008 committee
in order to clearly communicate the work the committee will perform.
Budget & Financial Summary:
Attachments:
CIP Citizen Advisory Committee Charge
116
CITY OF COLLEGE STATION
CIP Citizen Advisory Committee Member
COMMITTEE CHARGE
The charge of the Capital Improvements Program Citizen Advisory Committee is to recommend
a prioritized list of projects that can be funded with General Obligation Bond funds to the College
Station City Council.
PROJECT SCOPE
The CIP Citizen Advisory Committee Members will work with the city staff and other committee
members to evaluate the City’s capital needs and then develop a prioritized list of projects. That
list will be reviewed by the Planning & Zoning Commission (P&Z) and will be presented to the
City Council. The City Council will use that list along with P&Z’s comments and financial
information provided by the staff to develop ballot language for a General Obligation (GO) Bond
election that will be voted on by the Citizen’s of College Station. Committee members will
provide public support for and will promote the proposed bond issue in the time leading up to the
election. The result of that vote will determine which projects will be funded for construction with
GO bonds over the next 5 years.
PRINCIPAL COMMITTEE ACTIVITIES
DISCOVERY
1. LEARN about the City Council’s Strategic Plan, the Comprehensive Plan, recent and
projected development trends and how those things relate to the Capital Improvement Plan.
2. GATHER INFORMATION about projects that have been identified through presentations by
City staff members.
3. CONTRIBUTE additional projects that may be identified through discussions.
4. DISCUSS issues, information and opinions with fellow committee members, city staff and
other members of the community to develop a basis for setting priorities.
PRIORITIZATION
5. DEVELOP a ranked list of projects through facilitated group discussion and multi-voting.
6. RECOMMEND to the City Council a prioritized project list with a description of the underlying
principles that support that recommendation.
PROMOTION
7. SUPPORT the recommendations of the committee and be prepared to discuss the process
and projects with other members of the community.
8. MAKE PRESENTATIONS to City Council, the Planning and Zoning Commission, the Parks
Board and other citizen and civic organizations regarding the Capital Improvements Plan for
the City of College Station.
CITIZEN ADVISORY COMMITTEE MEMBER CHARACTERISTICS
· Interest in community service
· Desire to influence how the City of College Station develops
· Ability to participate in weekly evening meetings
117
NEW COVERSHEET FORMAT EXAMPLE 1
January 24, 2008
Consent Agenda Item 2q
Interstate 69 Resolution
To: Glenn Brown, City Manager
From: Terry Childers, Deputy City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
supporting a coalition of counties, cities and other partners for the purpose of proposing a
preferred Interstate 69 alignment for TxDOT’s consideration.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The Brazos Valley Council of Governments has determined the current
alignment of the Interstate 69 study corridor does not meet with the plans and goals of its
regional transportation effort. This Resolution supports a regional concept for an alignment
of Interstate 69 by a study group of regional partners formed in response to the anticipated
release of a draft Interstate 69 Environmental Impact Statement.
The coalition of counties, cities and other regional partners is proposing a preferred I-69
alignment for consideration by the Texas Department of Transportation. This route would
divert the alignment to the east enhancing access to a proposed regional park in an
east/west alignment through Grimes County.
Budget & Financial Summary: N/A
Attachments:
1. Resolution
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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, TO SUPPORT A REGIONAL CONCEPT FOR AN ALIGNMENT OF
INTERSTATE 69 BY A STUDY GROUP OF REGIONAL PARTNERS FORMED IN
RESPONSE TO THE ANTICIPATED RELEASE OF A DRAFT INTERSTATE 69
ENVIRONMENTAL IMPACT STATEMENT.
WHEREAS, the Texas Department of Transportation is actively working to establish the
corridor for the proposed Interstate 69; and,
WHEREAS, the Brazos Valley Council of Governments working in the Brazos Valley
region has determined that the current alignment of study corridor does not meet with
plans and established goals of its regional transportation effort; and,
WHEREAS, if this transportation corridor is to be built then several factors exist whereby
other study corridor alignments and right of way configurations would be more beneficial
to the Brazos Valley Region than those currently being proposed by TxDOT; and,
WHEREAS, a coalition of counties, cities and other partners have formed in Texas’ central
section of the I-69 planning area to express a preferred alignment; and,
WHEREAS, the Brazos Valley Council of Governments is hopeful that a mutually
beneficial alignment may be proposed and supported by a study/discussion group of
regional partners in response to the Draft TTC/Interstate 69 Environmental Impact
Statement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City of College Station supports a coalition of counties, cities and
other partners for the purpose of proposing a preferred I-69 alignment for
TxDOT’s consideration of the central portions of the I-69 study corridor.
PART 2: That for planning purposes this alignment generally follows State Highway
6 north through the region to Navasota then diverts to the west around the
city then following State Highway 6 north in Brazos County to a point such
that it would divert to the east enhancing access to a proposed regional park
in an east/west alignment through Grimes County.
PART 3: That staff is directed to facilitate the participation in a coalition and to
pursue consensus on a mutually acceptable corridor that could be regionally
supported and proposed to TxDOT.
PART 4: That this Resolution is effective upon adoption.
119
ORDINANCE NO. _________________ Page 2
C:\DOCUME~1\chooks\LOCALS~1\Temp\Resolution .doc
ADOPTED this _______ day of ________________________, A.D. 2008.
ATTEST: APPROVED:
_____________________________ ______________________________
City Secretary Mayor
APPROVED:
E-Signed by Harvey Cargill
VERIFY authenticity with ApproveIt
_____________________________
City Attorney
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January 24, 2008
Regular Agenda Item 1
Recommendation to Name a Park Facility
To: Glenn Brown, City Manager
From: Eric Ploeger, Assistant Director, Parks and Recreation Department
Agenda Caption: Presentation, possible action, and discussion regarding a
recommendation to rename Central Park in College Station, to “Stephen C. Beachy Central
Park”.
Recommendation(s): Staff recommends approval of this request to rename Central Park
in College Station, the “Stephen C. Beachy Central Park”. In addition, this request was also
considered by the Parks and Recreation Advisory Board during the January 8, 2008
meeting. The recommendation was unanimously approved by the Board at that meeting.
Summary: This request was submitted by a former Chairman of the Parks and Recreation
Advisory Board, Sharon Colson, in recognition of Steve’s outstanding achievements during
his twenty-nine year tenure as the Director of the Parks and Recreation Department. Steve
has taken the Department from very humble beginnings to one with fifty parks, multiple
recreation programs, a wide variety of special events, and to the rare honor of full Agency
Accreditation. Steve’s accomplishments and dedication as a Public Servant have been
recognized numerous times by his peers.
This recommendation is in accordance with the city’s Guidelines for the Naming of Public
Facilities.
Budget & Financial Summary: The primary costs associated with this change will be
new signs for the park. This can be funded through the Parks Operations Replacement
Account.
Attachments:
1) Letter of Request from Sharon Colson
2) College Station Guidelines for the Naming of Public Facilities
3) Central Park Site Plan
4) Minutes of the January 8, 2008 Parks and Recreation Advisory Board meeting
121
-
Educational Broadcast Services
Sharon Colson. Ph.D.
jr. KAMU-w-DT
\ / Outreach
Mr. Glenn Brown
City Manager, City of College Station
1 1 0 1 Texas Avenue
College Station, TX 77840
Producer 1 Host
!ine Program
/ ~mmunity ~fiairs
. >ica+ionscenter
, /. \/ 1 , Texas 77843-4244
FAX (979) 845-1643
karnu.tarnu.edu
nu.edu
Re: Steve Beachy's Retirement
Naming of Public Facilities
Dear Mr. Brown:
Surely, this is the ending of an era. The retirement of Steve Beachy, College Station's
only Director of Parks and Recreation, is historic. As a former member of the Parks
Board and later as Parks Board Chair, and later still as a member of the Wolf Pen Creek
TIF Board and its current Chair, it has been my pleasure to have served under and with
Mr. Beachy as he has quietly shaped the City's exemplary programs in the parks and
recreation arena for over two decades. He is a remarkable individual.
Please accept this correspondence as a request to rename College Station's Central Park
in honor of Steve Beachy and to make this a part of his January 18,2008, retirement
reception. In reading the criteria for naming public facilities (April 8,2004 - Agenda
Item 10.1 O), Mr. Beachy is certainly a historic figure in the shaping of the city. Under his
leadership and vision, all the parks and recreation areas have been created, enlarged, or
enhanced. Central Park, particularly, is a testimony to his foresight. The area between
Highway 6 and Texas Avenue was once College Station's least attractive feature. A
combination of small creeks, drainage ponds, and flood-prone zones have now been
transformed into a city center that draws local families and tourists alike to its varied
venues.
In all of the accomplishments led by Steve Beachy, he has never sought personal
recognition for any of it. In fact, it would seem that he leads by the adage," There is
nothing that can't be accomplished if you don't care who gets the credit." He always
gives credit to others. He gives specific praise to staff and volunteers alike. He
empowers others. He has listened to his staff and he has listened to the community. He
has done his homework before undertaking any initiative. He has kept his superiors
involved and informed. Steve Beachy has been transparent with both the administration
and the public. He is truly a public servant.
I respectfully request that Central Park be renamed in honor of Steve Beachy.
Sincerely*
Sharon Colson, Ph.D.
Chair, Wolf Pen Creek TIF I/-/9 - 0 7
122
Revised Guidelines for the Naming of Public Facilities
Approved by City Council on April 8, 2004
Page 1
City of College Station, Texas
GUIDELINES FOR THE NAMING OF PUBLIC FACILITIES
Approved April 8, 2004 - Agenda Item 10.10
Purpose
The purpose of these guidelines is to establish a systematic and consistent approach for the official
naming of public facilities in the City of College Station, including parks, facilities, recreational areas,
streets, and municipal buildings.
Objectives
· Ensure that parks, facilities, recreational areas, and municipal buildings are easily identified and
located.
· Ensure that given names to parks, facilities, recreational areas, and municipal buildings are
consistent with the values and character of the area or neighborhood served.
· Encourage public participation in the naming, renaming, and dedication of parks, facilities,
recreational areas, and municipal buildings.
· Encourage the dedication of lands, facilities, or donations by individuals and/or groups.
· Advance the reputation of the City as well as increase the understanding and public support for its
programs.
Criteria
The practice of the City of College Station is to name parks, recreation areas, facilities, and municipal
buildings through an adopted process utilizing the above objectives, emphasizing community values
and character, local and national history, geography, the environment, civics, and service to the City
of College Station. Therefore, the following criteria shall be used in determining the appropriateness
of the naming designation:
· Neighborhood, geographic, or common usage identification;
· A historical figure, place, event, or other instance of historical or cultural significance;
· National and state historical leaders or heroes, both past and present;
· An individual, living or deceased [a] who has made a significant land and/or monetary contribution
to the park, recreation area, facility, or municipal building, or [b] who has had the contribution
made “In Memoriam” and when the name has been stipulated as a condition of the donation;
· An individual, living or deceased, who has contributed outstanding civic service to the City;
· Predominant plant materials; or
· Streams, rivers, lakes, and creeks.
Facilities or specialized areas may have a name different from that of the larger park, recreation area,
facility, or municipal building.
When feasible, the process to name parks, recreation areas, facilities, and municipal buildings should
begin within twelve (12) months after the City has acquired title to the land and/or formally accepted
the dedication.
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Revised Guidelines for the Naming of Public Facilities
Approved by City Council on April 8, 2004
Page 2
Names that are similar to existing parks, recreation areas, facilities, and municipal buildings should
not be considered in order to minimize confusion.
Renaming
The City reserves the right to change the name of a park, recreation area, facility or municipal building
to maintain consistency with these guidelines. However, renaming carries with it a much greater
burden of process compared to initial naming. Tradition and continuity of name and community
identification are important community values. Each request to rename must meet the criteria of this
policy, but meeting all criteria does not ensure renaming.
Procedures
Upon approval of these guidelines by Council, procedures consistent with the guidelines will be
developed. It is anticipated that naming/renaming requests will be submitted to the City Manager.
The Manager will then forward the request through an appropriate board, committee, or organization
or directly to the City Council for approval. (For example, if the naming or renaming request is for a
parks facility, the City Manager will submit the request to the Parks and Recreation Advisory Board
who will review and make a recommendation. The City Manager will review that recommendation and
then submit it to Council for approval.)
The City Council may, upon its own initiative, name or rename a City facility without following these
guidelines. An individual council member may submit a naming suggestion to the City Manager, who
will then apply the guidelines and procedures.
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12
5
PARKS AND RECREATION ADVISORY BOARD
REGULAR MEETING MINUTES
7:00 PM, Tuesday, January 8, 2008
Wolf Pen Creek Hospitality Center
1015 Colgate s College Station, Texas
STAFF PRESENT: Ric Ploeger, Assistant Director; Warren Struss, Interim Director;
Amanda Putz, Board Secretary; Pete Vanecek, Senior Park Planner; Peter Lamont,
Recreation Superintendent
BOARD PRESENT: Jodi Warner, Chair; Kathleen Ireland, Gary Thomas, Wayne
Williams, Billy Hart, Joan Perry, Shawn Rhodes
BOARD ABSENT: Gary Erwin, Jody Ford
VISITORS: Wallace Phillips – Green Prairie Investors, “Castle Gate Communities”
1. Call to order: The meeting was called to order with a quorum present at 7:00 p.m.
Warren Struss introduced himself to the Board and gave a brief overview of his goal for
achievement during his stay in College Station.
2. Pardon and possible action concerning requests for absences of members: Two
requests for absence had been submitted by Gary Erwin and Jody Ford. Gary Thomas
moved to accept the requests as submitted. Joan Perry seconded the motion and the
vote was called. All were in favor, and the absences were excused.
3. Consideration, possible action, and discussion of minutes from the Regular
meeting of December 11, 2007: Billy Hart moved to approve the minutes and Shawn
Rhodes seconded. The vote was called. All were in favor, and the motion carried
unanimously.
4. Hear visitors: Hearing none, this item was closed.
5. Consideration, possible action, and discussion regarding the Castlerock
conceptual plan: Ric Ploeger informed the Board that the developer plans to develop
Castlerock Park with assistance from the City. Pete Vanecek explained the conceptual
design to the Board. The park will be constructed in phases.
Kathleen Ireland made a motion to approve the design concept and Joan Perry
seconded the motion. The vote was called. All were in favor, and the motion carried
unanimously.
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6. Update, possible action, and discussion regarding the sub-committee meetings:
§ Field Usage Sub-committee
v Shawn Rhodes updated the Board regarding the Field Usage Sub-committee
meetings and future meetings. Some of the items being discussed by the sub-
committee are:
Ø Southeast Community Park constructed to be a practice field.
Ø Working on getting a chart configured so we can bring the policy to the
user groups.
Ø Starting a Sports Foundation to coordinate and help enforce field usage.
§ Park Naming Sub-committee
v Kathleen Ireland recommended to the Parks Board that Central Park be renamed
to Stephen C. Beachy Central Park. Ric Ploeger explained the history behind
Central Park and it’s unique importance to Stephen Beachy.
Wayne Williams made a motion to rename the park to Stephen C. Beachy Central
Park, and Shawn Rhodes seconded the motion. The vote was called. All were in
favor, and the motion carried unanimously.
Joan Perry submitted a request to rename Thomas Park to Mable Clare Thomas
Park.
7. Update, possible action, and discussion regarding status of registration software
and information technology programs: Peter Lamont updated the Board regarding
the status of internet registration. Internet registration had three activities online:
Swimming, Tennis, and Youth Basketball. All of the registrations had been successful,
Internet registration will be available for Xtra Education beginning January 22nd. This
was an informational item only, and no action was required.
8. Discussion, consideration, and possible action regarding the future Bond Issue:
Ric Ploeger updated the committee on the future bond issue. City Council had
designated a Citizens Committee to review all of the city’s projects starting in February
2008. Prior to the February meeting of the Citizens Committee there will be public
hearings held so the City can obtain input from the public. This was an informational
item only, and no action was required.
9. Discussion and possible action concerning Parks and Recreation Advisory Board
Goals: Some revisions were cited on the Goals list, and brief discussion followed. This
was an informational item only, and no action was required.
127
10. Presentation, possible action and discussion concerning the current Capital
Improvement Program:
· Current Capital Improvement and Park Land Dedication Project Lists
o This was an informational item only, and no action was required.
· Dedications of Less than Three Acres: Ramada Inn Redevelopment
o This was an informational item only, and no action was required.
· Dedications of Less than Three Acres: Rock Prairie Apartments – Aggieland
Realty Group (Zone 9)
o This was an informational item only, and no action was required.
11. Presentation, possible action, and discussion on future agenda items: A Board
Member may inquire about a subject for which notice has not been given. A
statement of specific factual information or the recitation of existing policy may be
given. Any deliberation shall be limited to a proposal to place the subject on an
agenda for a subsequent meeting:
§ Next Regular Meeting ~ February 12, 2008, Wolf Pen Creek Hospitality Center
12. Adjourn: Kathleen Ireland made a motion to adjourn the meeting and Billy Hart
seconded the motion. The vote was called. All were in favor, and the meeting adjourned
at 8:08 p.m.
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24 January 2008 and 29 January 2008
Regular Agenda Item 2
Annexation Public Hearing
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion
regarding the service plan for six areas identified for annexation under the exempt
status.
Recommendation: N/A
Summary: The TEXAS LOCAL GOVERNMENT CODE requires that Cites conduct two
public hearings prior to initiating annexation proceedings. As part of the public
hearings, staff will present an overview of the annexation service plan (see
attached).
The purpose of the public hearings is to give individuals the opportunity to express
their views regarding the proposed annexation and the service plan. Council is not
expected to take any action at either public hearing. The final annexation ordinance
is currently scheduled to be presented to Council on 28 February.
Budget & Financial Summary: An updated fiscal impact analysis (FIA) was
presented to Council on 10 January 2008. The FIA projects annual revenues of
$1,037,992 upon full build-out of all annexation areas.
Attachments:
1. Annexation Service Plan
2. Annexation Information (Why Cities Annex)
3. Annexation Areas Map
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1
CITY OF COLLEGE STATION SERVICE PLAN
FOR AREAS TO BE ANNEXED
FEBRUARY 28, 2008
I. ANNEXATION AREAS
The annexation areas are located in various parts of the City of College Station's Extraterritorial
Jurisdiction. These properties are illustrated in Figure 1 and described below.
Area 1 - located generally at the intersection of Raymond Stotzer Parkway and Turkey
Creek Road and containing approximately 102 acres.
Area 2 - located generally on the north side of Rock Prairie Road at its intersection of
Harris Drive and Bradley Road, consisting largely of Carter Lake Subdivision
and containing approximately 209 acres.
Area 3 - located generally at the intersection of Rock Prairie Road West and Jones-
Butler Road and containing approximately 1,033 acres.
Area 4 - located generally at the intersection of Greens Prairie Road and Wellborn
Road, bisected by Greens Prairie Trail, and containing approximately 626
acres.
Area 5 - located generally on the east side of State Highway 6, south of the existing
city limits and containing approximately 1,053 acres.
Area 6 - located generally on the west side of FM 2154 (AKA Wellborn Road) at the
intersection of Capstone Drive and containing approximately 74 acres.
II. INTRODUCTION
This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE,
Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, AND VERNON SUPP. 2007, as amended from
time to time). Municipal facilities and services to the annexed areas described above will be provided or
made available on behalf of the City in accordance with the following plan. This plan provides a
program under which the City of College Station will provide full municipal services to the annexed
areas. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE,
Section 43.056(B).
This Service Plan does not:
· require the creation of another political subdivision;
· require a landowner in the area to fund the capital improvements necessary to
provide municipal services in a manner inconsistent with Chapter 395, Texas Local
Government Code; or
· provide services in the area in a manner that would have the effect of reducing by
more than a negligible amount the level of fire and police protection and emergency
medical services provided within the corporate boundaries of the municipality
before annexation.
The level of services, infrastructure, and infrastructure maintenance provided to the annexed areas is
comparable to the level of services, infrastructure, and infrastructure maintenance available in other
parts of the City with topography, land use, and population density similar to those contemplated or
projected in the annexed area.
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2
FIGURE 1
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3
III. SERVICE COMPONENTS
This plan contains three service components: (1) Immediate Services, (2) Additional Services, and (3)
Capital Improvement Program.
Immediate Services
As required by TEXAS LOCAL GOVERNMENT CODE, SECTION 43.056(B), Certain municipal services will be
provided by the City of College Station immediately upon the effective date of annexation. These
services include:
· police protection;
· fire protection;
· emergency medical services;
· solid waste collection, except as provided by Subsection 43.056(o);
· operation and maintenance of water and wastewater facilities in the annexed area
that are not within the service area of another water or wastewater utility;
· operation and maintenance of roads, and streets, including road and street
lighting;*
· operation and maintenance of public parks, playgrounds, and swimming pools; and
· operation and maintenance of any other publicly owned facility, building, or service.
*Note: Street lighting will be maintained for fixtures located within the service territory
of College Station Utilities.
A. Police Protection
The College Station Police Department will provide police service, including routine patrol, traffic
enforcement, and dispatch response to emergency and non-emergency service calls.
B. Fire Protection
The College Station Fire Department will be provide fire protection, including response to
emergency calls for assistance, fire prevention education, pre-fire planning, and target hazard
inspections. In general, the Fire Department’s goal is to provide a fire response time of five
minutes or less.
Construction and development activities undertaken after the effective date of annexation shall
comply with all building, life safety and fire safety codes of the City of College Station. All
structures shall comply with the address standards of the College Station Code of Ordinances
within ninety (90) days of the effective annexation date.
C. Emergency Medical Services
The College Station Fire Department will provide emergency medical services (EMS). Each Fire
Department ambulance, engine, and ladder truck is capable of providing EMS, including
defibrillation, medical administration, IV therapy, advanced airway management, and initial
treatment of injuries. In general, the Fire Department’s goal is to provide an EMS response time
of five minutes or less.
D. Solid Waste Collection
The College Station Public Works Department will provide fee-based solid waste collection
service for residential and commercial customers. Customers in the annexed area may elect to
continue using a private solid waste management service provider for a period of two years after
the effective date of annexation in accordance with provisions of the TEXAS LOCAL GOVERNMENT
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CODE. The City will not charge a fee to a person who continues to use the services of a privately
owned solid waste management service provider.
Residential Service – Residential solid waste collection (including brush and bulk items) is
provided once per week. All residential service will be provided at a point of collection adjacent
to, and accessible from, a public right-of-way or an improved surface acceptable to the City.
Residential solid waste collection vehicles will not conduct operations on private property.
However, residential service may be provided on private streets that comply with the Sanitation
Division’s requirements for surface material, vehicle clearance and turning radii. In the case of
multiple residences located on a privately owned road or drive, the City may require the
establishment of a mass collection point at an area adjacent to the nearest public right-of-way. The
City will provide residential solid waste containers.
Commercial Service - Containers and collection points may be located on private property,
provided that it can be easily accessed from a public right of way, and both the route of access and
the collection point meet the Sanitation Division’s requirements for approved surfaces, vehicle
clearance and turning radii. The City will provide standard commercial containers.
In order to secure solid waste collection services in the annexed areas, each property owner must
establish a utility account with the City of College Station. The City will not be responsible for
damage to private drives, streets, or parking areas by service trucks servicing containers.
E. Water and Wastewater Facilities
The City of College Station will provide water and wastewater service to areas that are not located
within the certificated service territory of another utility through existing facilities located within
or adjacent to the area. The level of water and wastewater service, infrastructure and infrastructure
maintenance provided in the annexed area will be comparable to the level of services,
infrastructure and infrastructure maintenance available in other parts of the City before
annexation with topography, land use, and population density similar to those reasonably
contemplated or projected in the area. Municipal services to be provided within the annexed area
may be provided by any of the methods in which the City provides services to other comparable
areas.
F. Roads and Streets
The Public Works Department will maintain public roads and streets at a level comparable to the
maintenance prior to annexation. These services include emergency pavement repair and
preventative street maintenance. Right-of-way mowing activities along State highways are
addressed in the City's maintenance agreement with Texas Department of Transportation and will
be added to the City's maintenance activities immediately following annexation. Maintenance
priorities are determined on a City-wide basis taking into consideration factors such as age, traffic
volume, surface conditions, nature of the maintenance, public safety hazards, and available
funding.
Existing street and traffic control signs shall conform to the City of College Station’s standards
within ninety (90) days of the annexation. The City will install public street signs in accordance
with College Station’s standards for same within ninety (90) days of the effective date of
annexation.
G. Parks and Recreation Facilities
The City of College Station is not aware of the existence of any public parks, playgrounds or
swimming pools in the areas proposed for annexation. In the event any such public facilities
exist, they will be maintained to the same degree and extent that the City maintains public parks,
playgrounds and swimming pools within the current City limits.
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H. Other Publicly Owned Buildings and Facilities
The City of College Station is not aware of the existence of any publicly owned buildings in the
areas proposed for annexation. In the event any such public facilities exist, they will be
maintained to the same degree and extent that the City maintains such facilities within the current
City limits.
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Additional Services
A. Building Permitting and Inspections
Upon the effective date of annexation, the City will provide building permits and inspection
services. This service will be made available to the annexed areas on the same basis and at the
same level of service as similar facilities throughout the City. Service is provided on a “cost
recovery” basis, and permit fees partially offset the costs of services delivered. Construction
activities underway prior to annexation may continue provided that all construction after
annexation must comply with City codes and ordinances.
All permits required by City codes and ordinances must be obtained for construction underway at
the time of annexation. Permit fees will be waived for building construction underway prior to
annexation.
B. Planning and Development Services
Planning and development services will be made available on the effective date of the annexation.
Planning & Development Services currently services this property by way of administration of the
Subdivision Regulations, Chapter 9 of the College Station Code of Ordinances.
Upon annexation, planning and development services will be provided by way of the Unified
Development Ordinance and other applicable codes and standards. The College Station City
Council adopted the current Comprehensive Plan in August of 1997. The Comprehensive Plan
contains a Land Use Plan that designates future land uses to manage the quality and quantity of
growth by matching land use intensity with planned infrastructure. Upon annexation, all
properties will be zoned A-O (Agricultural Open). The City's Comprehensive Plan will be used as
the basis for evaluating rezoning requests after properties are annexed.
C. Animal Control
The Police Department will provide animal control service upon the effective date of annexation.
Animal control services include response and investigation of reported animal bites, response to
reports of stray or “at large” animals, and response and investigation of animal cruelty and neglect
reports.
D. Community Enhancement
The Fire Department will provide Community Enhancement services upon the effective date of
annexation. Community Enhancement services include response and investigation of sanitation
issues, illegal signs, abandoned or inoperable motor vehicles, and zoning violations.
E. Recycling Collection
For residential customers electing solid waste collection from the City of College Station, curbside
recycling collection is also provided once per week. Items accepted in the curbside recycling
program include:
· Newspapers and magazines
· Aluminum and steel food cans
· Clear and brown glass
· Plastic bottles
· Lead acid car batteries
.
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IV. WATER AND WASTEWATER SERVICE PROVISION
This Water and Wastewater Service Plan (“Plan”) provides a program under which the City of College
Station will provide full municipal services to the annexed area. For the purpose of this plan, “full
municipal services” includes water and sewer services provided by the City within its full-purpose
boundaries. The level of water and sewer service, infrastructure and infrastructure maintenance
provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure
maintenance available in other parts of the City before annexation with topography, land use, and
population density similar to those reasonably contemplated or projected in the area. Municipal services
to be provided within the annexed area may be any of the methods by which the City provides services to
other comparable areas. All services will be provided within the time provided in TEXAS LOCAL
GOVERNMENT CODE SEC. 43.056(B). The City may extend facilities under this plan or otherwise serve
this area through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL
GOVERNMENT CODE.
Water and Wastewater facilities for future development that increases densities beyond the capital
improvements specified in this plan will be extended in accordance with the City’s Water and
Wastewater policy in existence at the time of development. The water and wastewater extension policy
is discussed in Section V, Water and Wastewater Capital Improvements. In general, the policy for
extension of utility service is “development driven” in that utility line extensions are typically installed
by developers, in conjunction with major development projects. The City may accept ownership and
maintenance of major facilities, such as gravity sewer lines, manholes, lift stations and/or wastewater
package plants, as required by the particular development. The City may elect to pay for upgrades or
oversize of infrastructure projects being installed by developers. As an area develops, developers or
homeowners extend water distribution and wastewater collection lines to individual lots.
Until an area becomes densely populated, the cost of utility extension is not feasible to be borne by a few
lot owners. Also, in the case of wastewater treatment, developments with large lots will normally be
constructed with on-site sewage facilities that are privately owned and operated.
AREA 1
Water
The City of College Station currently holds the Water Certificate of Convenience and
Necessity (CCN) for the majority of Annexation Area 1. Generally, the area south of
F&B Road and east of Turkey Creek Road is within the City’s CCN. This area is served
by a small diameter water line located along the south side of a portion of F&B Road.
This line turns south and also serves properties along a portion of Turkey Creek Road
(see Exhibit “A”). The City of College Station currently maintains the waterline, water
meters and billing process.
The City is also constructing an 8” diameter water line along the north side of Raymond
Stotzer Parkway to serve the new City Cemetery. This line will be available for
extension to serve future development per the City’s water extension policy.
Brushy Water Supply Corporation holds the CCN service territory for a small portion of
Area 1. Therefore, this area will continue to receive its water supply from Brushy Water
Supply Corporation.
Wastewater
Properties within Annexation Area 1 are currently served by private on-site sewer facilities
(OSSF). As in other areas of College Station with similar topography, land use, and population
density, this area will remain on private systems until such time as significant development occurs
to warrant the extension of an organized sanitary sewer collection system.
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AREA 2
Water
Annexation Area 2 is in the water CCN service territory of Wellborn Special Utility District
(WSUD). The City of College does not have the right to provide water service in annexation Area
2, therefore, no water infrastructure will be provided by the City in the area after annexation.
Wastewater
Properties within Annexation Area 2 are currently served by private on-site sewer facilities with
the exception of 18 homes in the Carter Lake Subdivision that are served by an aerated lagoon
operated by the Carter Lake Water Supply Corporation (see Exhibit “B”). The City of College
Station will assume ownership, operation, and maintenance of the Carter Lake wastewater
treatment facility (aerated lagoons) once the following is provided:
1) A survey of the existing wastewater collection lines;
2) Standard City easements for the existing wastewater collection lines;
3) The deed to the wastewater treatment lagoon property (or other acceptable means to operate
the facility);
4) Written agreements from the property owners served by the Carter Lake Water Supply
Corporation acknowledging that their private septic tanks will be cleaned every two years,
and;
5) Transfer of CCN and discharge permit from the Carter Lake Water Supply Corporation to
the City of College Station.
Once the City takes ownership, maintenance and operation of the wastewater treatment system,
the individuals connected to the system will pay a flat monthly fee per the City’s adopted fee
schedule.
As in other similarly developed areas of College Station, the remaining properties in Area 2 will
remain on private systems until such time as significant development occurs to warrant the
extension of an organized sanitary sewer collection system.
AREA 3
Water
Water service in Annexation Area 3 is currently provided by private well, WSUD, or the City of
College Station. The Rolling Ridge property, developed as a manufactured home park, is in the
City’s CCN and currently served by the City via an 8” water line extending along Jones Butler
Road (see Exhibit “C”). After annexation, the City will continue to provide water service to the
area within our CCN. However, the City of College does not have the right to serve areas outside
of our CCN, therefore, no water infrastructure will be provided to the areas outside of our CCN
after annexation.
Wastewater
Wastewater service in Area 3 is currently provided by the City of College Station, a package plant
operated by the developers of Rolling Ridge manufactured home park, and private on-site sewer
facilities. The City serves Area 3 via a 12”sewer trunk line recently installed north of Cain Road
and extending through Las Palomas Subdivision. The City Council recently granted an exception
to the sewer extension policy to Great Oaks Subdivision and Oakland Ridge Subdivision, both
located within Annexation Area 3. This exception allows future phases of those developments to
connect to the City’s sewer system. The City also recently extended the Steeplechase sewer line
across Rock Prairie Road West, near I&GN Road. Exhibit “D” illustrates these existing sewer
service lines. Future development may access the existing sewer service through a combination of
gravity lines and/or force mains.
138
10
The owners/developers of Rolling Ridge and Sunset Ridge Manufactured Home Park will continue
to own, operate, and maintain the package plant that serves those developments.
AREA 4
Water
Annexation Area 4 is located entirely within the water CCN service territory of WSUD. The City of
College Station does not have the right to serve areas outside of our CCN. Therefore, no water
infrastructure will be provided by the City after annexation.
Wastewater
Waster water service for Annexation Area 4 is currently provided by the City of College Station
and private on-site sewer facilities. College Station principally serves Creek Meadows
Subdivision, a new residential development, via a gravity line and force main that runs along
Greens Prairie Trail and Greens Prairie Road West (see Exhibit “E”). The balance of Area 4 is
currently served by private OSSFs. As in other areas of College Station with similar topography,
land use, and population density, this will continue until such time as significant development
occurs to warrant the extension of an organized sanitary sewer collection system.
AREA 5
Water
The City holds the water CCN for a portion of Annexation Area 5 (the area west of Pipeline Road
and north of Peach Creek Cut-off, including the Texas World Speedway). An 8” water line
currently serves the Speedway as stated on Exhibit “F”. This line is available for developers to
upgrade and/or extended into other portions of our water CCN area as development occurs. The
remainder of Area 5 is in the water CCN service territory of WSUD, therefore, no water
infrastructure will be provided to this area after annexation.
Wastewater
Properties within Annexation Area 5 are currently served by private on-site sewer facilities. The
Speedway is currently served by a treatment system located in the northeast corner of the property.
As in other areas of College Station with similar topography, land use, and population density,
this area will continue to be served by private systems until such time as significant development
or redevelopment occurs to warrant the extension of an organized sanitary sewer collection
system.
AREA 6
Water
Annexation Area 6 is located with the water CCN service territory of WSUD, therefore, no water
infrastructure will be provided to this area after annexation.
Wastewater
Properties within Annexation Area 6 are currently served by private on-site sewer facilities.
However, a new development (Kyle View Estates) is proposed within annexation area 6 and the
developer has agreed to annexation as a condition to receive City sewer service. The developer
proposes to construct the necessary sewer line and lift station to connect Kyle View Estates to the
City sewer system (see Exhibit “G”). The City has entered into a Development Agreement,
whereby the developer will build a larger lift station on the east side of Wellborn Road, to enhance
the City’s sewage collection system and open a larger area for potential sewer service. As part of
the Development Agreement, the City is paying the difference for the increased sewer system
capacity.
139
11
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12
V. CAPITAL IMPROVEMENTS
Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy
an impact fee to the properties annexed according to Chapter 395 of the Texas Local Government Code
and the City's Code of Ordinances. The City may, from time to time, include construction of new,
expanded or replacement facilities in its Capital Improvements Program (CIP). Facilities to be included
in the CIP shall be determined on a City-wide basis. Priorities shall be established by the CIP plans of
the City, projected growth trends, and the City Council through its development plans and policies.
A. Police Protection (including animal control)
Police protection will be provided to the annexed areas through existing City facilities at a level of
service comparable to the level of service in other parts of the City before annexation with
topography, land use and population density similar to those reasonable contemplated or projected in
the area.
B. Fire Protection (including EMS and Community Enhancement)
Fire protection will be provided to the annexed areas through existing City facilities and mutual aid
agreements at a level of service comparable to the level of service in other parts of the City before
annexation with topography, land use and population density similar to those reasonable
contemplated or projected in the area.
The City will evaluate and update, as needed, its Strategic Plan to address the response time,
personnel, facility and equipment needs for these areas of the City as the annexed areas develop.
C. Solid Waste Collection
Solid waste collection services will be provided to the annexed areas through the City's existing
facilities or through franchise agreements with private services at a level of service comparable to
the level of service in other parts of the City before annexation with topography, land use and
population density similar to those reasonable contemplated or projected in the area.
D. Maintenance of Public Roads and Streets
Right-of-way maintenance will be provided through the existing facilities at a level of service not
less than exists in the area immediately preceding annexation. The improvement and enlargement of
roads within existing rights-of-way will be included in future capital improvements programs as
practical and where needed to facilitate the maneuvering of emergency and sanitation service
vehicles.
E. Parks, Playgrounds and Swimming Pools
Parks and recreation services will be provided through the existing facilities at a level of service not
less than exists in the area immediately preceding annexation.
Additional park development in the annexed areas will be addressed through the development
standards and procedures of the City as residential development occurs. Such park development
includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance
with the City of College Station Subdivision Regulations.
F. Other Public Building and Facilities
Other public facilities, buildings or services will be provided through the existing facilities at a level
of service not less than exists in the area immediately preceding annexation.
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13
WATER AND WASTEWATER CAPITAL IMPROVEMENTS
The water and wastewater utility extension policy of the City of College Station is as follows:
The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat, or land
development shall be borne by the owner or developer of the lot, tract, plat, or land by direct installation
or through the use of Impact Fees. Where such extension is consistent with plans for the development of
the City and its utility system the City may, by decision of the City Council, participate in the cost of
construction so as to provide for additional capacity for the overall development of an area.
The cost of water and wastewater facilities necessary to serve existing lots or new development within a
subdivision plat or land development shall be borne by the lot owner or developer of the plat or land by
direct installation or through the use of Impact Fees. Standard tap fees or other installation fees in effect
on a citywide basis are in addition to impact fees levied.
AREA 1
Water
The City of College Station will continue to serve the portion of Annexation Area 1 located within
our CCN via the existing service line. No additional water infrastructure will be provided to this
area after annexation. Properties located within the water CCN service territory of Brushy Water
Supply Corporation will continue to be served by Brushy Water Supply Corporation after
annexation.
Wastewater
Area 1 will continue to be served by private on-site sewer treatment systems until such time as
development warrants the extension of an organized sanitary collection system.
AREA 2
Water
Area 2 is located with the water CCN service territory of WSUD. Therefore, these properties will
continue to be served by WSUD after annexation.
Wastewater
Area 2 will continue to be served by private on-site sewer treatment systems until such time as
development warrants the extension of an organized sanitary collection system.
AREA 3
Water
The City of College Station will continue to serve the portion of Annexation Area 3 located within
our CCN via the existing service line. No additional water infrastructure will be provided to this
area after annexation. Properties located within the water CCN service territory of WSUD, will
continue to be served by WSUD after annexation.
Wastewater
The City of College Station currently provides wastewater service to a portion of Area 3.
Properties within Area 3 currently served by private on site sewer treatment systems will continue
to be served by private systems until such time as development and/or redevelopment warrants the
extension of an organized sanitary collection system.
AREA 4
Water
Area 4 is located with the water CCN service territory of WSUD. Therefore, these properties will
continue to be served by WSUD after annexation.
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14
Wastewater
The City of College Station currently provides wastewater service to a portion of Area 4.
Properties within Area 4 currently served by private on-site sewer treatment systems will continue
to be served by private systems until such time as development and/or redevelopment warrants the
extension of an organized sanitary collection system.
AREA 5
Water
The City of College Station will continue to serve the portion of Annexation Area 5 located within
our CCN via the existing service line. No additional water infrastructure will be provided to this
area after annexation. Properties located within the water CCN service territory of WSUD, will
continue to be served by WSUD after annexation.
Wastewater
Area 5 will remain on private on-site sewer treatment systems until such time as development warrants
the extension of an organized sanitary collection system.
AREA 6
Water
Area 6 is located with the water CCN service territory of WSUD. Therefore, these properties will
continue to be served by WSUD after annexation.
Wastewater
Area 6 will remain on private on-site sewer treatment systems until such time as development warrants
the extension of an organized sanitary collection system.
VI. LEVEL OF SERVICES TO BE PROVIDED
It is the intent of the City of College Station to provide the level of services required by State law. The
City Council finds and determines that the services, infrastructure and infrastructure maintenance
proposed by this plan are comparable to that provided to other parts of the City with topography, land
use, and population density reasonably similar to the annexed area and will not reduce the level of
services available to the territory prior to annexation.
Nothing in this plan shall require the City to provide a uniform level of full municipal services to each
area of the City, including the annexed area, if different characteristics of topography, land use, and
population density are considered a sufficient basis for providing different levels of service.
VII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the
discretion of City Council.
VIII. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council
may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to
the TEXAS LOCAL GOVERNMENT CODE, Section 43.056 (Vernon 1999 and Vernon Supp. 2007).
143
i
APPENDIX
Exhibit “A”
144
ii
Exhibit “B”
145
iii
Exhibit “C”
146
iv
Exhibit “D”
147
v
Exhibit “E”
148
vi
Exhibit “F”
149
vii
Exhibit “G”
150
Annexation Information
Cities have various reasons for initiating annexation. These include:
· Annexation to provide areas for future growth: Cities initiate annexation
in order to provide areas for future growth and development. This can be
especially critical in cities with limited vacant, developable property to
accommodate growth within its existing boundaries.
· Annexation to secure tax base, revenue sources: This could include
annexation of areas with desirable ad valorem values, areas with commercial
activities that produce sales tax revenues or areas that produce current or
future utility revenues.
· Annexation to cover service costs for ETJ residents using City
services: As more and more residential areas develop within the ETJ, these
residents begin to use the City's streets, parks and other facilities without
paying for these services. Annexation brings the added revenue to help cover
these service costs.
· Annexation to assert zoning or other regulatory control: Annexation
brings territory into the full regulatory authority of a city. While the statutes
provide cities with limited regulatory authority within its extraterritorial
jurisdiction (ETJ), annexation into a city allows application of full land use
controls and development standards. This additional control allows the City to
implement the Comprehensive Plan.
· Annexation in response to an uncertain legislative environment: The
State Legislature has passed several bills in recent years that make it
increasingly difficult for Cities to pursue annexation. Should this trend
continue, it may be in the City’s best interest to initiate annexation sooner
rather than later.
· Annexation to protect the public health & safety: Cities initiate
annexation to provide urbanizing areas with municipal services and to
exercise the regulatory authority necessary to protect public health and
safety.
· Annexation in response to a perceived threat: This typically takes the
form of annexation of property that is developing or proposed for
development for some land use deemed undesirable or otherwise a threat if
not annexed and controlled.
151
152
January 24, 2008
Regular Agenda Item 3
Aggieland Pregnancy Outreach Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on a
Rezoning from R-1 Single-Family Residential to PDD Planned Development District and A-O
Agricultural-Open for 3.67 acres located at 124 Morgans Lane, generally located at Morgans
Lane and the future Dartmouth Street extension.
Recommendation(s): The Planning and Zoning Commission unanimously
recommended approval of the request at their December 6, 2007 meeting. Staff
recommended denial of the request.
Summary: The subject request was analyzed by staff as follows:
1. Consistency with the Comprehensive Plan: In 1992, the 2818 Extension Study was
adopted in anticipation of the extension of FM 2818 from Texas Avenue to the East
Bypass. This study recommended a mixture of uses for the subject property and
surrounding areas to include primarily residential with office, institutional, and a small
amount of retail. The Mixed Use land use designation was assigned to the area with the
adoption of the Comprehensive Plan in 1997 to reflect the City’s desire for future mix of
land uses. That designation was later reclassified as Planned Development according to
the recommendation Mixed Use Opportunity Study in 2003.
The Planned Development category emphasizes the need to consolidate properties and
master plan the area as a whole to ensure appropriate placement of different uses.
While the request may incorporate one of the recommended land uses of the 2818
Extension Study, it does not meet the policies of the Comprehensive Plan as it is only
one tract of the larger area that is requesting a rezoning for future development.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The surrounding properties are zoned
C-1, R-1 and P-MUD and with the exception of a single-family house to the south of the
subject property, the nearby properties are undeveloped. The proposed uses in the PDD
include counseling offices, community outreach center, group home, walking trails and a
playground. These uses are relatively low-impact uses and would probably not
negatively impact the single-family house adjacent to the property.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
proposed uses in the PDD would likely be suitable to the properties affected by the
rezoning; however, Staff strongly encourages a master plan of the area to determine the
placement of land uses while also accommodating the adjacent floodplains and the
Dartmouth Street extension that bisects the area.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
subject property is a part of a larger Planned Development area where a planned mixed
of land uses is encouraged. Additionally, the Thoroughfare Plan projects the Dartmouth
153
Street extension, a Minor Collector, to be built through this area, including on the
subject property. For these reasons, the subject property is not suitable for R-1
development
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The subject property and surrounding properties are designated as Planned
Development by several studies of the Comprehensive Plan. The policies of the
Comprehensive Plan encourage the consolidation of properties to be master planned as
one development. By zoning one lot in a Planned Development area void of a master
plan and without indication of the compatibility of this development with future
developments, the marketability of the surrounding properties will be decreased as
opportunity to plan the area as a whole will be lost.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: Development of this tract
will require construction of a public street from the end of the funeral home property to
this lot. Water will also need to be extended from current existing location to provide
required fire flow. There is an existing sanitary sewer line that transects the property.
Stormwater runoff is to the southeast towards Bee Creek Tributary A. Discharge from
the property shall be designed to Unified Stormwater Design Guidelines.
The Comprehensive Plan indicates that properties within the 2818 Extension Study should
be consolidated and planned for a mixture of land uses. Staff recognizes that the proposed
development includes a mix of uses on the subject property and that it could be a suitable
development for the area, but without a plan of land uses, the compatibility with future
developments within the area is undetermined. Staff strongly encourages a master plan of
the entire area to ensure that the land uses and their placements are appropriate with
respect to the floodplains and future Dartmouth Street extension; therefore, Staff
recommended denial of the request.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map
2. Rezoning Map
3. Proposed Concept Plan
4. Draft Minutes from the Planning & Zoning Meeting on December 6, 2007
5. Ordinance
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Laksvisw km. Lat 12
Erliling Zan8np R-l
Clint Bsrtmnd
17 735 hcrc Tract
Eriilinp Zoninp. P-UUD
P b2- a-b
Laksvisw Acm, Lot 14
Excilinp Zansnp R-1
ORDINANCE NO.______EXHIBIT "E"Page 7
157
December 6, 2007 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, December 6, 2007
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Bill Davis, Harold Strong, Derek
Dictson, Glenn Schroeder, Marsha Sanford and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: James Massey
CITY STAFF PRESENT: Senior Planner Lindsay Boyer, Staff Planners Crissy Hartl,
Matthew Robinson, and Jason Schubert, Transportation Planner Ken Fogle, Graduate Civil
Engineer Josh Norton, Acting Development Engineer Carol Cotter, City Engineer Alan Gibbs,
Director Bob Cowell, Assistant Director Lance Simms, Planning Administrator Molly
Hitchcock, First Assistant City Attorney Carla Robinson, Information Services Representative
Carrie McHugh, Staff Assistants Brittany Caldwell and Nicole Padilla
1. Call Meeting to Order.
Chairman Nichols called the meeting to order at 7:07 p.m.
2. Public hearing, presentation, possible action, and discussion on a Rezoning from R-1
Single-Family Residential to PDD Planned Development District and A-O Agricultural-
Open for 3.67 acres located at 124 Morgans Lane, generally located at Morgans Lane and
the future Dartmouth Street extension. Case #07-00500267 (CH)
Crissy Hartl, Staff Planner, presented the Rezoning and recommended denial due to not
being presented with a master plan of the area to ensure that the land uses are appropriate
with respect to the floodplains and future extension of Dartmouth Street.
Carol Cotter, Acting Development Engineer, explained that there is actually more flood
plain shown on the map than actually located on the property.
Kim Schams, Assistant Director of Aggieland Pregnancy Outreach, Inc., presented a
presentation for the Commissioners and answered general questions from the
Commissioners.
158
December 6, 2007 P&Z Regular Meeting Minutes Page 2 of 2
Commissioner Davis expressed approval with the applicant and stated his concern was
with how the future extension of Dartmouth will line up with the property.
Chairman Nichols and Commissioner Dictson expressed concern about going against
staff recommendation to deny the rezoning and both agreed there was a need to have a
master plan for the area.
Commissioner Davis motioned to approve the Rezoning. Commissioner Sanford
seconded the motion, motion passed (5-2). Chairman Nichols and Commissioner
Dictson voted in opposition of the Rezoning.
3. Adjourn.
Commissioner Davis motioned to adjourn the meeting. Commissioner Sanford
seconded the motion; motion passed (7-0).
Meeting was adjourned at 9:01 p.m.
159
omma NO.
ANORDllJAXE AMBNDINGCHMTER 12 smwm 4% M~m~ ZONING MAP:
CITY OF COLLEGE STATION, TEXAS,
HWND~R~BS AFFE~ CERTAIN PROPERTIES AS ammm B=;
DECLARING A PENALTY; AND PROVDJMG AN BFFWTTVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE GlTY OF COLLEGE STAmQN,
TmAs:
PART 1: m cbapm 12, "U~ -ant *I
Map: of thc Code of oftbscg~rie
as at out in ExhibitU= hereto dmdc a part of &is adinancc fadl --
PART2: 'ht any
SW be
~ttedto~w,sbmrfl~d~a~~~~ SidOdnmw
~~ce,~~ten(lQ)~~itsdate
Council, as provided by %dm 35 of the Charter of the City o
PASSED, ADOPTED and APPROVED this 24th day of Jmq, 2008
APPROVED:
City Secretary
APPROVED;
MAYOR
160
Omm~a NO.
Th& Chapter 12, "Unikd DeveIopmt Odimm," Sdun 4.2, Wfficid Zoning Map," at the
We oPQdhmces of the City of College Station, Texas, is hereby amended as Wows:
The follaafieg property is mned from R-1 Single Family Residential to PDD Planned
Developmnt:
2.24 Acres
Morgan Rwtor Survey, A-46
College Station, Brazos County, Texas
Wing dl that certain tract or parcel of Eand lying and being situated in the MORGAN RJXTOR
LEAWE, Abttwt No. 46 in College St&m, Bmm County, Tmas and king part of Lot 13 uf
the LAKEVIEW ACRES Subdivision rn ded in Volume 133, Page 182 of the
County beti Records (B.C.D.R.), dl Lot 13 also being the iiame land caweyed fo Cht
Bd d in Volume 603, Page 146 (B.C.D.R) and be'q more pd&r" dcdbd
by mhw and bounds as shown in Exhibit "Bn and graphically shown in Wit W," and
dded h a concept plan in Exhibit "K"
The of this Planned Development WG~ will be restricEed to the following uses:
I. Admini~tiodco~~ing offices
2. Cod@ Outreach Center
3. Gmuplmme
4. waking mils
5. Playground
The pqwe of this Plrtnned Development District will be for the provision of Id social
semiotsr whose camps will lwk md feel like a residential arm and will have rehtiveIy 1w
tn&e generation.
IT.
The fillowing property is rezoned hm R-1 Single Family Residential to A-0 Agricultd-
Opes:
1.35 Acres
Morgan Rectw Survey, A-46
Coflege Saon, Brazos County, Texas
Being all that certain tract or parcel of land lying an8 being situated in the MORGAH RKIOR
LEAGUE, Abstract no. 46 in Cdlege Station, hms County, Texas ad bei part ofht 13 of
the UKEVDW ACRES Subdivision as rmdd in Volume 133, Page 182 oftbe Brims
161
OrnWANCE NO.
C-ty Ikd hmds (B,C.D.R) said Lot t 3 also being the same land conveyed to Clint
Be&d mmrdd in Volume 603, Page I46 I33.C.D.R) and being mom particdab dewxibed
by metes md bounds as shown in Exhiiit "C' d grqhicatIy shown in Exlxibit TI," md
detailed in a concept plan in Exhibit "E."
162
ORDINANCE NO.
. - . .
FIELD NOTES
PROIQSBD PDD ZONE
2.24 ACRES
southeast line of Morgan he for a distance of
wrner of said Lot 13, said wrncr also king in
-
C
45' 00' 80" W dong 4 comn line for a &itawe of 397.44 f&& b%W
G and contaw 224 acres of land, more or @s.
II 1-
163
n -r -
ORDINANCE NO,
FIELD NOTES
PROPOSED A4 ZONE
1.35 ACRES
Being dl tW oertain tract or pam~ of land lying and bhg Wal ia the MORGAN
RIXTUR LEAWE, Wmt No. 46 in College Stdon, Brims -yr Texas 4
t&ng psi of Liot 13 of the LAKEVIEW ACRES Subdivisbnw rccdd in Volume 133,
Page 182 of the Bm Cody brda (B.C.D.R), said Lot 13 ah king the
sum W c;rcltweyrsd to Cbt Wtmd mded in Vol- 6Q3. Fage 146 (B.C.D.R.) and
bhg more prtbly desxiW by des aod bow& m khm:
BEGINNING: at the e~st corner of said kt 13, LWIEW ACRES SuWivGon, the
south corner of the 1 7.73 5 acre CA. ~~ tract mrded in Volume 305, Pabe 853
@.C.D.~), mid comer alsb in th no- line of a 21.53 me Joe Fazzino tract
re~otcled in Vdume 5961, Page 27 (B.C.D.R.);
THENCE: S 43' 42' 48" W along the wmn Ifne of &I Lot 13 and the said 21.53 am
Fazim tract for a dbimce 6357.W W for corn making the mrnmon southerly
corm of the bhrdd Lot 13 and ht 14 of ad WWEW ACRES SubdivW
THENCE: N 45* 00' 08" W along the cummm line of said Lots 1 3 and 14 br a distmm
nf44.B fbet for corner;
THENCE: 5 1 1.04 feet huugh wid Lmt 13 m a counter-cbckwk direction tb rarc
id a curve having a mral angle of 46' SV 54", a radius af 625.80 kt, a mgmt of
270.78 f& EM a long hrd Wing N W 55' 2Y E at a distance of 4%.% ht lbr
~,said~~ 5athemdheastlineofsaidLot 13 dthedd~~b
lafk 17-735 ac~krtmd tmct;
THENCE: S 45' QO' 00" E &w & bfod wrmrwn Ib for a dktm of38220 feet
~OC~JCPOINTOFBEGI~~NG~~~ 1.35~ofM,oloreork
164
165
166
January 24, 2008
Regular Agenda Item 4
Holick Street Parking Restrictions
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, public Hearing, possible action, and discussion on
consideration of an ordinance amending Chapter 10, “Traffic Code,” to restrict parking on
the west side of Holick Street between Anna Street and Park Place.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: At the October 29th Traffic Management Team meeting, the residential
portion of Holick Street was evaluated per a request from a resident. Holick Street is very
narrow and there are a large number of vehicles that park on both sides of the street during
TAMU, CISD, and Grace Bible Church events, making it difficult to travel down the street or
back out of a driveway. It was determined that parking should be removed from the west
side of the street between Anna Street and Park Place.
This item will amend Chapter 10, “Traffic Code,” by restricting parking on the identified
section of Holick Street:
A Safe Routes To School project is planned that will install sidewalks along Holick and Anna
Streets to provide safe pedestrian access for students to the adjacent schools. We plan to
construct the sidewalks during the summer months of 2008.
Budget & Financial Summary: The “No Parking” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Location Map
167
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING SCHEDULE XII AS REFERENCED IN SUBSECTION E.2 OF
SECTION 4 THEREOF; PROHIBITING PARKING ALONG THE WEST SIDE OF
HOLIK STREET BETWEEN ANNA STREET AND PARK PLACE; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That Chapter 10, “Traffic Code”, of the Code of Ordinances of the City of
College Station, Texas, be amended by amending schedule XII as
referenced in subsection E.2 of Section 4 thereof as set out in Exhibit “A”,
attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be
void or unconstitutional, such holding shall in no way effect the validity of
the remaining provisions or sections of this ordinance, which shall remain
in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of
this chapter shall be deemed liable for a civil offense and, upon a finding
of liability thereof, shall be punished by a civil penalty of not less than
One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). Said
Ordinance becomes effective ten (10) days after date of passage by the
City Council, as provided by Section 35 of the Charter of the City of
College Station.
PASSED, ADOPTED and APPROVED this ______ day of __________________, 2008.
APPROVED:
__________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
168
RESOLUTON NO. _____________________ Page 2
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EXHIBIT “A”
That the Traffic Control Device Inventory - Schedule XII as referenced in Chapter 10,
“Traffic Code”, Section 4, “Administrative Adjudication of Parking Violations,” Sub-
section E is hereby amended to include the following:
“Holik Street – No parking on the west side of Holik Street between Anna Street and
Park Place.”
169
170
January 24, 2008
Regular Agenda Item 5
Redmond Drive Parking Restrictions
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, public hearing, discussion, and possible action on
consideration of an ordinance amending Chapter 10, “Traffic Code,” to restrict parking on
the north side of Redmond Drive between Lenert Circle and Rosemary Lane and on the west
side of Rosemary Lane between Redmond Drive and Milliff Road.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: This item will amend Chapter 10, “Traffic Code,” by restricting parking on the
north side of Redmond Drive between Lenert Circle and Rosemary Lane and on the west
side of Rosemary Lane between Redmond Drive and Milliff Road.
A resident of the Redmond Area mentioned that Redmond Drive can be difficult to drive
down with the on-street parking.
The Traffic Management Team discussed the requested parking removal at its October
meeting and recommended that the parking be removed.
Budget & Financial Summary: The “No Parking” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Location Map
171
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING SCHEDULE XII AS REFERENCED IN SUBSECTION E.2 OF
SECTION 4 THEREOF; PROHIBITING PARKING ALONG THE NORTH SIDE OF
REDMOND DRIVE BETWEEN LENERT CIRCLE AND ROSEMARY LANE AND
ON THE WEST SIDE OF ROSEMARY LANE BETWEEN REDMOND DRIVE AND
MILLIFF ROAD; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That Chapter 10, “Traffic Code”, of the Code of Ordinances of the City of
College Station, Texas, be amended by amending schedule XII as
referenced in subsection E.2 of Section 4 thereof as set out in Exhibit “A”,
attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be
void or unconstitutional, such holding shall in no way effect the validity of
the remaining provisions or sections of this ordinance, which shall remain
in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of
this chapter shall be deemed liable for a civil offense and, upon a finding
of liability thereof, shall be punished by a civil penalty of not less than
One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). Said
Ordinance becomes effective ten (10) days after date of passage by the
City Council, as provided by Section 35 of the Charter of the City of
College Station.
PASSED, ADOPTED and APPROVED this ______ day of _______________, 2008.
APPROVED:
__________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
172
ORDINANCE NO. ______________________ Page 2
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EXHIBIT “A”
That the Traffic Control Device Inventory - Schedule XII as referenced in Chapter 10,
“Traffic Code”, Section 4, “Administrative Adjudication of Parking Violations,” Sub-
section E is hereby amended to include the following:
“Redmond Drive – NO PARKING on the north side of Redmond Drive between
Rosemary Lane and Lenert Circle.”
“Rosemary Lane – NO PARKING on the west side of Rosemary Lane between Redmond
Drive and Milliff Road.”
173
174
January 24, 2008
Regular Agenda Item 6
University Oaks Boulevard Parking Restrictions
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, public hearing, possible action, and discussion on
consideration of an ordinance amending Chapter 10, “Traffic Code,” to restrict parking on
the north side of University Oaks Boulevard beginning 505 feet east of George Bush Drive
East and extending 560 feet east.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: This item will amend Chapter 10, “Traffic Code,” by restricting parking on
the north side of University Oaks Boulevard beginning 505 feet east of George Bush Drive
East and extending 560 feet east.
The Police Department has commented that the on-street parking is creating issues at
driveways for entering and exiting traffic as well as TAMU buses trying to pass each other.
The Traffic Management Team discussed the requested parking removal at its October
meeting and recommended that the parking be removed at the entrance to the Cambridge
Apartments. The given location of the parking removal will resolve sight distance issues for
vehicles exiting the Cambridge Apartments.
Budget & Financial Summary: The “No Parking” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Location Map
175
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING SCHEDULE XII AS REFERENCED IN SUBSECTION E.2 OF
SECTION 4 THEREOF; PROHIBITING PARKING ALONG THE NORTH SIDE OF
UNIVERSITY OAKS BOULEVARD BEGINNING 505 FEET EAST OF GEORGE
BUSH DRIVE EAST AND EXTENDING 560 FEET EAST; PROVIDING A
SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That Chapter 10, “Traffic Code”, of the Code of Ordinances of the City of
College Station, Texas, be amended by amending schedule XII as
referenced in subsection E.2 of Section 4 thereof as set out in Exhibit “A”,
attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be
void or unconstitutional, such holding shall in no way effect the validity of
the remaining provisions or sections of this ordinance, which shall remain
in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of
this chapter shall be deemed liable for a civil offense and, upon a finding
of liability thereof, shall be punished by a civil penalty of not less than
One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). Said
Ordinance becomes effective ten (10) days after date of passage by the
City Council, as provided by Section 35 of the Charter of the City of
College Station.
PASSED, ADOPTED and APPROVED this ______ day of __________________, 2008.
APPROVED:
__________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
176
ORDINANCE NO. _____________________ Page 2
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EXHIBIT “A”
That the Traffic Control Device Inventory - Schedule XII as referenced in Chapter 10,
“Traffic Code”, Section 4, “Administrative Adjudication of Parking Violations,” Sub-
section E is hereby amended to include the following:
“University Oaks Blvd – NO PARKING on the north side of University Oaks Blvd
beginning 505 feet east of George Bush Drive East and extend 560 feet east.”
177
178
January 24, 2008
Regular Agenda Item 7
Public Hearing and Consideration of Budget Amendment #1
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public Hearing, possible action, and discussion on an ordinance
Budget Amendment #1 amending ordinance number 2999 which will amend the
budget for the 2007-2008 Fiscal Year and authorizing amended expenditures in the
amount of $1,059,823.
Recommendation(s): Staff recommends the City Council hold the public
hearing on Budget Amendment #1, and approve the budget amendment ordinance.
Summary: The proposed budget amendment is to increase appropriations in the
2007-2008 budget by $1,059,823. The charter of the City of College Station
provides for the City Council to amend the annual budget in the event there are
revenues available to cover increased expenditures and after holding a public hearing
on such budget amendment. A number of items have been identified that need to be
considered in a budget amendment. Attached is a list of the items in the proposed
budget amendment.
Budget & Financial Summary: The City has resources or can reasonably expect
resources to cover each of the appropriations in this budget amendment.
Attachments:
1. Budget Amendment #1 Detail List
2. Ordinance
179
Fiscal Year 2007-2008 Budget Amendment #1 Detail Listing
The proposed budget amendment is to increase the appropriations for the items listed below by $921,584
1. Gainsharing: $205,711
On December 13, 2007, the City Council approved the gainsharing distribution for FY07. At that time
it was indicated that a budget amendment would be necessary to provide the budget appropriation for
this item. Resources have been identified and are available in the various applicable operating funds
for this expenditure. This item will appropriate the funds for expenditure.
2. PD Selective Traffic Enforcement Program (STEP) Grant: $51,609
This item is to appropriate funds for a federal grant received by the City of College Station’s Police
Department. The grant, administered by the Texas Department of Transportation, covers overtime and
benefit costs for Officers addressing hazardous traffic violations at selected locations throughout the
City. The funds for this item are available in the General Fund balance. The City will be reimbursed
75% of the total grant expense.
3. Governor’s Division of Emergency Management (GDEM) FY07 Homeland Security Grant:
$188,800: This item is for the appropriation of resources for the grant the City of College Station has
been awarded through the GDEM. The funds will be used by city departments to purchase equipment
that will enhance the City’s response capabilities to terrorist threats or incidents. The Federal Grant
Award Number is 2007-GE-T7-0024. The City will be reimbursed 100% of expenses. The grant funds
will be available in the General Fund balance.
4. Police Department Internet Crimes Against Children Grant from Attorney General of Texas
Office: $9,500: This item is for the appropriation of resources for a federal grant the City of College
Station Police Department has been awarded through the Texas Attorney General’s Office. The grant
is in the amount of $9,500 to help combat online child exploitation crimes. The grant number is 2006-
MC-CX-K012. The funds are available for this item in the General Fund balance.
5. BVSWMA – United Way: $50,000
This request is to increase the budget allocation for BVSWMA by $50,000 for United Way building
payment that went to Council on October 11, 2007. The contract was approved by BVSWMA in
FY07 but did not go to Council until FY08 and funds were not appropriated for contributions from
BVSWMA in FY08. Funds are available in the BVSWMA Fund balance.
6. BVSWMA Cultural Resource Investigation & Curative Services: $107,167
This request is for funds required to comply with contract 08-090 to HDR Engineering, Inc. to provide
cultural resource investigation and curative services at the Twin Oaks Landfill site. The consultant
contract is necessary to meet Texas Historical Commission mitigation requirements for an
archaeological site at the new landfill on State Highway 30. Funds for the project are available in the
BVSWMA Fund balance.
7. BVSWMA Wheels for Compactor: $130,000
The BVSWMA landfill has two landfill compactors used in daily disposal operations at the 1000 ton
per day facility. The 2001 836G Caterpillar (7370) compactor has operated over 13,000 hours and is
in need of wheel refurbishing and cleaner finger installation. The teeth are more than 65% worn which
results in ineffective compaction and grinding of the waste. Unit 7370 is scheduled for replacement in
FY09; however, the BVSWMA staff recommends the machine undergo a certified rebuild which will
extend the useful life of the machine to the extent comparable to a new machine. The FY09 rebuild
will also result in approximately a $500,000 net savings as compared to a new machine purchase.
Staff currently requests funds in the amount of $130,000 to purchase the refurbished wheels and
cleaner fingers to continue with effective compaction operations and maximize use of the remaining
landfill space. The funds needed for the purchase of the refurbished wheels and cleaner fingers are
available in the Equipment Replacement Fund balance and this item will appropriate the funds for
expenditure.
180
8. Information Technology – E-911: $17,000
Revenue in the amount of $17,000 was received from the Brazos County Emergency Communications
District on September 20, 2007 for the purchase of software for the development of an interface to the
CAD system. Typically, the county pays for the items directly from a fee collected on phone bills, but
GEAC has to do the interface, so the County sent the funds instead. Funds for the project are available
in the General Fund balance.
9. Police Department Generators: $76,000
The replacement of two generators is budgeted for FY08 in the Equipment Replacement Fund. As part
of the Police Station Improvements project, the replacement of the generators with improved and
elevated generators has been included in the specifications. It is proposed that the funds budgeted in
the Equipment Replacement Fund ($76,000) be transferred to the Facilities and Technology Capital
Improvements Project Fund. The funds can then be expended as part of the Police Station
Improvements project.
10. Fleet Budget: $27,297
This request is to correct the Fleet Budget due to an error during the budget preparation process. The
expense was identified as necessary and entered into the budget system, but was not entered into the
fund summary spreadsheet that was included in the approved version of the FY08 budget. Funds are
available in the Fleet Maintenance Fund balance.
11. Parks Field Redevelopment Projects: $58,500
Individuals and teams who participate in City sponsored athletic programs pay a field redevelopment
fee when registering for the program. The fee is deposited into the Parks Capital Improvement Projects
Fund. In Fiscal Year 2008, $30,000 is budgeted for Field Redevelopment projects. However, an
additional $58,500 is needed to fund unforeseen repairs to City athletic fields at Central Park,
Southwood Valley Athletic Park and Wayne Smith Park. These repairs meet the criteria for the use of
field redevelopment fee funds. The money to fund these expenditures is available from the
redevelopment fee collected in the Parks Capital Improvement Projects Fund.
12. Channel 19 Improvements: $138,289
The Communications Department Staff have completed an assessment of the current CSTV-19 video
equipment. Their findings indicate the need for a major investment of EG funds to provide the tools
and resources required to fulfill the expectations set forth by the Communications Plan and the City
Council’s “Effective Communications” strategic goal. The funds will be used for the following
equipment: CSTV-19 Control Room ($18,646), Carousel Bulleting Board/Slide Application
($19,000), Rimage/RAID Video Storage ($11,400), Studio & Portable Productions ($89,243). Funds
for this project are available in the General Fund balance.
181
ORDINANCE NO. _________
AN ORDINANCE (BUDGET AMENDMENT 1) AMENDING ORDINANCE NUMBER
2999 WHICH WILL AMEND THE BUDGET FOR THE 2007-2008 FISCAL YEAR AND
AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED.
WHEREAS, the City Council of the City of College Station, Texas, approved its Budget
Ordinance for the 2007-2008 Fiscal Year on September 13, 2007; and
WHEREAS, the City Council of the City of College Station, Texas, desires to amend the
approved Budget Ordinance; and
WHEREAS, this amendment was prepared and presented to the City Council and a public
hearing held thereon as prescribed by law and the Charter of the City of College Station, Texas,
after notice of said hearing having been first duly given; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That Part 1 of the Budget Ordinance for the 2007-2008 Fiscal Year is amended to
read as follows:
"PART 1: That the proposed budget as amended by the City Council of the
City of College Station, which is made a part hereof to the same extent as if
set forth at length herein, is hereby adopted and approved, a copy of which is
on file in the Office of the City Secretary in College Station Texas. Amended
appropriations for fiscal year 2007-2008 for the General Fund are
$58,340,597, for the Parks Capital Improvement Projects Fund are
$1,521,420, for the General Government Capital Improvement Projects Fund
are $5,859,723, for the Electric Fund are $73,914,105, for the Water Fund
are $12,414,326, for the Wastewater Fund are $12,963,095, for the
Sanitation Fund are $6,474,569, for the Parking Fund are $724,976, for the
BVSWMA Fund are $7,121,239, for the Community Development Fund are
$3,880,003, for the Equipment Replacement Fund are $4,864,161, for the
Utility Customer Service Fund are $2,590,191, for Fleet Maintenance Fund
are $1,720,067, for the Communications Fund are $900,058. All other
appropriations as originally adopted and amended by the City Council remain
in full force and effect."
PART 2: That this ordinance shall become effective immediately after passage and approval.
PASSED and APPROVED this __________ day of _______________________________2008.
ATTEST: APPROVED:
____________________________ ________________________________
City Secretary Mayor
APPROVED:
E-Signed by Harvey Cargill
VERIFY authenticity with ApproveIt
_________________________
City Attorney
182
January 24, 2008
Regular Agenda Item 8
Smith-Mohawk Unit, Well #1 - Oil and Gas Operations Permit
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, public hearing, discussion and possible action, regarding
an Oil and Gas Operations Permit for the Smith-Mohawk Unit, Well #1 Re-Entry as
requested by the operator, Ogden Resources, Ltd. of Bryan, Texas.
Recommendation(s): Staff recommends approval of the permit as drafted with a
minimum of $25,000 security provided by the applicant. The applicant has complied with
the permitting requirements as outlined in Ordinance #1916.
Summary: The Smith-Mohawk Unit, Well #1 RE is a 919.29 acre unit well located within
the city limits. The location of the drilling site is southwest corner of Harvey Mitchell
Parkway (FM 2818) and Jones-Butler Road. Based on the well’s location, it is classified as an
urban permitted well. An urban well means any area characterized by business and
commercial use, where the proposed drill site is at least three hundred feet (300') from a
commercial use as defined by the City Zoning Ordinance.
There is an existing well of the drilling site. The original well, Smith-Mohawk Unit, Well #1
was permitted as a rural well in 1996. The applicant is proposing to enter the existing well
bore, or hole and drill a two (2) new well along the same vertical and horizontal lines as the
previous well but at a shallower depth.
Access to the site will be from the existing private access road coming off FM 2818. The
City of College Station Oil and Gas Ordinance #1916 requires that a $25,000 minimum
security be established in order to assure compliance with the ordinance and permit
requirements. The Oil and Gas Application Fee of $2,000 has been paid.
The attached City Engineer’s Report was agreed upon by the Project Review Committee and
its findings are recommended to the Council for their consideration. The Fire Marshall with
the City Engineer has also agreed to the attached and will sign the Permit should Council
approve and confirm the surety amount.
Budget & Financial Summary: N/A
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Application
4. Exhibit B - Location Map
5. City Engineer Report to PRC
6. Draft Permit
183
I 1 COLLEGE STATION TOPOGRAPHIC M4PS: 1552-hi.. 198 k ;OD.
j555-1913 200.
184
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1/18/2008
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, GRANTING AN OIL AND GAS URBAN PERMIT FOR THE SMITH-
MOHAWK UNIT, WELL NO. 1RE NEAR FM 2818 AND JONES-BUTLER ROAD
LOCATED WITHIN THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of College Station, Texas, has reviewed an application
for an Oil & Gas Urban Permit (“Permit”) submitted by Ogden Resources, Ltd. for the Smith-
Mohawk Unit, Well No. 1RE; and
WHEREAS, Council has reviewed the Project Review Committee report and other related
information relating to the afore-described proposed urban gas well located near Harvey
Mitchell Parkway (FM 2818) and Jones-Butler Road located within the City of College Station
(the”City”); and
WHEREAS, pursuant to Chapter 4, Section 13.J Council is required to make certain findings
and determinations in granting a permit for an oil and gas operation located within the City; and
WHEREAS, the City Council of the City of College Station, Texas, now desires to make such
determinations and to grant such permit; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby acknowledges receipt of an application, Project
Review Committee report and other related information relating to an Oil and
Gas Urban Permit to Ogden Resources, Ltd. for the Smith-Mohawk Unit, Well
No. 1RE located near the intersection of Harvey Mitchell Parkway (FM 2818)
and Jones-Butler Road. A copy of such paperwork and the exact location of said
proposed well are attached hereto as exhibits “A” and “B” , respectively.
PART 2: That the City Council hereby makes the following determinations with respect to
said proposed Permit:
1. That the following amount and type of security instrument has been issued: an irrevocable letter of credit in the amount of twenty-five thousand dollars and no cents ($25,000) and as attached hereto as exhibit “C.”
2. That the operations proposed under the Permit are reasonable under the circumstances and conditions prevailing in the area; 3. That the operations proposed under the Permit are consistent with the health, safety, and welfare of the public when and if conducted in accordance with the permit conditions to be imposed; and 4. That the impact upon adjacent property and the general public of operations conducted in compliance with the Permit conditions are reasonable and justified, balancing the following factors:
185
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1/18/2008
(1) The right of the owner(s) of the mineral estate to explore, develop, and produce the minerals.
(2) The availability of alternate drill sites, both presently and at other times during the lease term.
(3) The date of acquisition by the various owners of the surface and
mineral estates.
PART 3: That based upon the above the City Council hereby grants said Permit and
authorizes the City Manager or his designee to take any and all reasonable action
to issue same.
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
_______________________________
City Attorney
186
Application for Permit
TO CONDUCT OPERATIONS FOR THE DISCOVERY AND PRODUCTION
OF OIL, GAS, AND ASSOCIATED HYDROCARBONS
WITHIN THE CITY OF COLLEGE STATION, TEXAS
OGDEN RESOURCES, LTD.
SMITH-MOHAWK UNIT, WELL #I RE-ENTRY
BRAtOS COUNTY, TEXAS
1. APPLICANT'S NAME AND ADDRESS
Stephen E. Ogden, President
Ogden Resources, Ltd.
3740 Copperfield Drive, Suite 103
Bryan, Texas 77802-5933
9791776-2704
2. NAME AN0 ADDRESS OF DRILLING COMPANY
Nabors Drilling USA, LP
515 West Greens Road, Suite 1000
Houston, Texas 77067
3. NAME AND ADDRESS OF OPERATOR
Ogden Resources, Ltd.
3740 Copperfield Drive, Suite 103
Bryan, Texas 77802-5933
4. PROPOSED NAME OF WELL
Smith-Mohawk Unit, Well #1 Re-Entry
5. PROPOSED DEPTH OF WELL
Ogden Resources Ltd. intends to re-enter the Smith-Mohawk Unit, Well #1 and drill a
3500' (ST#02) updip lateral and a 3000' (ST#03) downdip lateral in the Lower Austin
Chalk formation. The approximate depth of ST#02 is 9400'f (TVD) and 12,90Uk (MD).
The approximate depth of ST#03 is 9600'2 (TVD) and 12,600't (MD).
6. LOCATION AND DESCRIPTION OF ALL IMPROVEMENTS AND STRUCWRES WITHIN ONE
THOUSAND (1000) FEET OF THE WELL
Please refer to attached Exhibit A
7. SITE PLAN OF PROPOSED OPERATION, SHOWING LOCATlON OF ALL IMPROVEMENTS
A
AND EQUIPMENT
Please refer to attached Exhibit B
Smith-Mohawk Unit, Well #1 Re-Entry Permit Application Page
187
Application far Permit
8. AREA MAP SHOWING PROPOSED TRANSPORTATION ROUTE AND ROADS FOR
EQUIPMENT, CHEMICALS, OR WASTE PRODUCE USED OR PRODUCED BY THE OIL OR
GAS OPERATION, AND ALL NATURAL FEATURES OF THE SlTE
Please refer to attached Exhibit C
9. DESCRIPTION OF TYPE, KIND, SIZE, AND AMOUNT OF MAlOR EQUIPMENT USED
BEFORE COMPLETION AND RE-WORKING
Please refer to attached Exhibit D
10. DESCRIPTION OF SURFACE EQUIPMENT AFTER DRILLING AND COMPLETION
Please refer to attached Exhibit A
11. WELL SURFACE CASING AND CEMENTING PROGRAM
Please refer to attached Exhibit E
12. COPIES OF RAILROAD COMMISSION FORMS AND DRILLING PERMIT
Please refer to attached Exhibit F
13. SECURITY INSTRUMENT CONSISTING OF AN IRREVOCABLE LElTER OF CREDIT,
INDEMNITY BOND, OR CERTIFICATE OF DEPOSIT, AS REQUIRED BY THIS ORDINANCE
AND IN THE AMOUNT OETERMINED BY THE CITY COUNCIL WITHIN 30 DAYS AFTER
COUNCl L APPROVAL
Ogden Resources Ltd. commits to provide the required security instrument in the
amount determined by the City Council w~thin 30 days after Council approval of this
permit application.
14. NAME OF REPRESENTATIVE WITH SUPERVISORY AUTHORITY OVER ALL OIL OR GAS
OPERATION SITE ACTlVlf lES AND PHONE NUMBER WHER HE CAN BE REACHED
TWENTY-FOUR (24) HOURS A DAY
Mike Crocker 9391224-177 1 or
Steve Ogden 979/218-1685
15. LEGAL DESCRIPTION OF THE PROPERTY TO BE USED FOR THE OIL OR GAS OPERATION,
THE PARCEL, AN0 THE PRODUCTION UNIT (PLAT DESCRIPTION OR M€TES AND BOUND
BEARINGS) AND NAME OF THE GEOLOGIC FORMATION AS USED BY THE RAllROAD
COMMISSION. PROPERTY RECORDED BY PLAT SHOULD REFERENCE SUBDIVISION,
BLQCK AND LOT NUMBERS.
Legal description of property: 919.29 acres out of the crawford Burnett Survey, A-7, T.
Henry Survey, A-131, and W.H. Frazier Survey, A-122, Brazos County, Texas (Please refer
to attached Exhibit A for additional inforrrration.)
Geologic formation: Giddings (Austin Chalk) - 3
Smith-Mohawk Unit, Well #1 Re-Entry Permit Application Page 2 of 4
188
Application for Permit
16. MINERAL LESSEE NAME AND ADDRESS
Please refer to attached Exhibit G
17. SURFACE OWNER NAME AND ADDRESS
Mr. Bruce Smith
TLS Properties, Ltd.
Post Office Box 19572
Houston, Texas 77224
18. NAME AND ADDRESS OF AN INDIVIDUAL REPRESENTING THE OWNER/APPLlCANT
DESIGNATED TO RECEIVE NOTICE
Stephen E. Ogden, President
Ogden Resources, Ltd.
3740 Copperfield Drive, Suite 103
Bryan, Texas 77802-5933
9791776-2704
19. EVIDENCE OF INSURANCE INFORMATION AS REQUIRED BY OROINANCE No. 1916:
(a) Commercial General Liability $500,000
(b) Automobile Liability $500,000
(c) Workers' Compensation $100,000
Please refer to attached E~hibit H
20. SURVEY OF PRODUCTION UNIT AT A SCALE OF 1 per 300 OR GREATER BY A TEXAS
CERTlFlEO SURVEYOR INCLUDING:
(a) Lengths and bearings of all boundary lines for production
(b) Exact acreage of the production unit
(c) Exact location of the well within production unit with distances of a minimum of
two adjacent boundary line of the production unit
(d) Length of maxlmum diagonal within the production unit.
Please refer to attached Exhibit I
21. OWNER AND ADDRESS OF EACH PARCEL OF PROPERTY WITHIN ONE THOUSAND
(1000) FEET OF THE PROPOSED DRILL SITE
Please refer to attached Exhibit J
22. COPIES OF ALL REPORTS REQUIRED BY THE DEPARTMENT OF WATER RESOURCES AND
COMMISSION
Please refer to attached Exhibit K
Smith-Mohawk Unit, Well #I Re-Entv Permit Application Page 3 of 4
189
A~dication for Permit
23. STATEMENT UNDER OATH SlGNED BY APPLICANT THAT THE INFORMATION
SUBMllTED IN THE APPLICATION IS TRUE AND CORRECT
"I, Stephen E. Ogden, President of Ogden Resources, Ltd., do hereby affirm that the
information submitted in and attached to the Application for Permit to Conduct
Operations for the Discovery and Production of Oil, Gas, and Associated Hydrocarbons
within the City of College Station, Texas for the Srnith-Mohawk Unit, Well #1 Re-Entry is
true and correct."
December 7, 2007
STATE OF TEXAS Q
COUNTY OF BRAZOS 9
Sworn to and subscribed before me this 7th day of December, 2007 by the above
named Stephen E. Ogden, who is personally known to me.
Given under my hand and seal this day and year last written above.
u
Mary J. #urley
Notary Public in and for the State of Texas
24. INFORMATION FOR SEISMIC PERMITS
Not applicable.
Srnith-Mohawk Unit, Well #l Re-Entry Permit Application Page 4 of 4
190
List of Exhibits
OGDEN RESOURCES, LTD.
SMITH-MOHAWK UNIT, WELL #I RE-ENTRY
A. Response to ltem 6: Location and description of all current improvements and
structures within one thousand (1000) feet of the well (Site Plan of Existing Drill Rig Site)
B. Response to ltem 7: Site Plan of proposed operation, showing location of all
improvements and equipment (Drilling Rig Layout)
C. Response to ltem 8: Area Map showing proposed transportation route and roads for
equipment, chemicals, or waste products ... and all natural features of the site (Vicinity
and Access Map)
D. Response to ltem 9: Description of type, kind, size, and amount of major equipment
used before completion and re-working. (Equipment Inventory)
E. Response to ltem 11: Well surface casing and cementing program (Well Diagram)
F. Response to Item 12: Railroad Commission Forms
G. Response to ltem 16: Mineral Lessees' Names and Addresses
H. Response to Item 19: Certificate of Insurance
I. Response to ltem 20: Survey of Production Unit at a Scale of 1 per 300 or greater
1. Response to ltem 21: Property Owners within 1000 feet
K. Response to ltem 22: Copies of all reports required by the Department of Water
Resources and Commission (Texas Commission on Environmental Quality)
191
JW-132-2909 16:87 From:OGDEN RESOURCES 9797762706
Federal Aviation Admini stration
Air Trafic Airspace Branch, ASW-520
260 1 Meacham Blvd.
Fort Worth, TX 76237-0520
Aeronautical Study No.
2007-ASW-11463-OE
Issued Date; 1211912007
STEPHEN E OGDEN
OWEN RESOURCES LTD
3740 COPPERFEED DRlVE
SUITE 103
BRYAN, TX 77802-5933
** DETEWIEYATLQN OF NO HAZARD TO AIR NAVIGATION **
Thc Federal Aviation Administration has conducted an amonautical sturty under the ptovisiaxls of 49 U.S.C.,
Scction 447 18 and if applicable Title 14 of tbc Code of Federal Regulatinns, part 77, concerning;
Structure: Driilmg Rig Smith-Mohaw k # 1
Locarion: COLLEGE STATION, TX
Latitude: 30-35-08.43N NAD 83
Longitude: 96-20-03.75%'
Heights: i 30 feet above ground lcvcl (AGL)
459 feet above mean sea level (AMSL)
This aeronautical s~dy revealed tbat the structure docs not cxcccd obstruction standards and would not be a
hazard to air navigation provided the following condifio$s), if my, is(are) mct:
AS a condition to this Dctcmination, the structure is marked andlm lighted in accordasce with FAA
Advisory circular ?0!7460-1 K Change 2, Obstruction Marlung and Lighting, flags/red lights - Cbapt~rs
3(Markcd),4,5(Red),& 12.
See attachment for additional condition($) or infomation.
This dctmnination cxpi~es un. Q6t19/2009 unkss:
(a) cxtmded, revised or terminated by the issuing uff~ce.
(b) thc construction is subject to the licensing authority of the Federal Communications Commrssion
(FCC) and an application for a commctjon permit has been filed, as rquired by thc FCC, wlthjrn
6 months of the date of this determination. In such case, the determination expires an the date
prescribed by the FCC for completion of construction, or tbc date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DEL~RED TO mrs OFFICE AT LEAST 15 DAY s PRIOR TO THE
EXPIRATION DATE.
This dctemination is based, h part, on rhe foregoing description which hcludcs specific coordinates, heights,
frequeacy(ics) and power. Any chauges h coordbafe.s, heights, and frequencies or use of greater powcr will
Page I of 3
192
JW-02-2@88 16:87 From:OGDEN RESOURCES 9757762706 To : 7643496 P.6'7
void this determination. by future construction or alteration, including increpse to heights, powcr, or the
addition of other tratlsfittm, requires scparate notice to the FAA.
This determination dots hclude lcmporary constxuction equipment such as cranes, derricks, etc., which may bc
osd durmg actual consthrction af the structure. However, his equipmeut shall not exceed the overall heights as
indicated above. Equipment which has a height grcater than the stud& struchut: ~equircs separate nohce to the
FAA.
This &tammation concerns the effect of this suucturc m the safe and efficient use of wvigable airspace
by aircraft and does not rclicvc thc sponsor of compliance responsibilities relating to any law, ordinance, or
rqplation of any Federal, State, or local governxnent body.
A copy of this dctsrmination will be forwardcd to the Federal Commwicatiuns Commission if the structure is
subject to thcir licensing authoity,
lf wc can be of further assistance, please contact our ofice ~t (8 17) 838- 1994. On any future cmespondencc
conccming this matter, please refer to Aeronautical Study Number 2007-ASW- 1 1463-0E.
Signature Control No: 551553-101066453
Linda Steele
Technician
Attachmcnt(s)
Additional Xnfomation
Pagc 2 of 3
193
JAN-82-200E 16:87 From:OGDEN RESOURCES 9797762786 T o : 7643495
Additional information for ASN 2007-ASW-114634E
Temporary drilling rigs shall be obstruction flaggcd AND lighted in accordance with FAA Advisory Circular
70/7460-lK, Obstruction Making and Lighting. A copy of this advisory can be obtiutled az the wcb site:
oeaaa. faa.gov.
Notify the Easterwood Field Airport Manager, or his representative, prior to mising the tmporwy drilling fig
and whcn the project is complete and the temporary drilling rig has bccn removed from the site.
This determination shall be valid for a period af 18 months. while the dctcrmination is valid, it is pcrnissible
to return the temporary dnlling ng to the sits without submitting a new FAA Fwm 7460-1, Notice ofProposcd
Construction or Alteration, provjdcd thcre are no variaums from location or height. IF THERE ARE
ANY CHANGES IN LOCATION OR HEIGHT, A NEW FAA FORM 7460-1, NOTlCE OF PROPOSED
CONSTRUCTION OR ALTERATION, MVST BE SUBMITTED
Page 3 of 3
194
Notice of Proposed Construction or Alteration I
1. Spmor (pemn, rompeny, ek pmws'ining thk actiwl):
At(* Stephen E+ Ogden
Name. Ogden Resources, Ltd. --
Address:-uite 103
City State,= Zip;
Telephone 97Q-776-2W Fax 9s-176-2706
St*: Zip:
Tekphm.
I 6. Type: ~ntmna tower [3 crane a 6u11drn~ [j PWI ~bne a Caodtu @ Water Tank Omqr
1 8 FCC .Intenria Strurtun RqifitaCon Hurnbm (irapphcdb}: I
9. Wtu* 30 35 - 08 432N
10. Longitude: 96 0 20 a 03 749W ,,
11 Datprn: gum83 ~NADZ~ U msr
t% Neamt: Gny Slob FX
13, Nearebt PIMPUS? fn&pnwm~.~l at Mlllsw Aiwe a Hel~w -
14. Distance from 813. lo Slrwutulure! 7886' (1.49 mi)
15. Dirpcll~n Cram #13. tn strudvre: gg0.E - -
46. S;W Llavalon AM^: Ln
17. To~l hMtutt2 Height (AGQ lB-- R.
$8. Overall Heiphl (me + nT1 (ursy: A5iL--k
19. Prwiwe FU Aaransutieal Bludy #umbr {it a@-&);
ZD. Pescriptlon bl tocallon: (At(bCh 1 UX;S 1 Jmnufc W&I
IMpre&e siie mew and any crdW wwy]
I 0edcn Res~urcts. Ltd w~li m-cnlcr and hi\\ an wlwcll ei cht exiWng lwtion A driltmg rig will be cm lacaim
far appmxirnatlp 60 days. Mast haght i$ 130 ft A workow rig will k on localiun approxima!tly 30 dsys prior WC
14 days aher drilling rig. Mast height is 96 b.
I I
MdW d required by 14 CMs W rb4fgl RlgulaIjanS, pdrl77 plrsuPnl bP 43 U.S.C. SCCbbn U719. Wms *a kntmhgry md mlllngy uulatc tne nw
wu~remsnla dpan W as 6ubm Q RGMI Wnalty N H.DOD pr my Until Pw nMiEs iCM&?id, pmnnlP 49 U SC.. Sdm d&Sa~(a) - -
I Mmhy errWy MI& 41 of 1U abbe sMtnnmta mlde by rm am tn*, me. hnd mmtt b ttre Cpst my krowldgr. In rddltlon, I *me c mrk mdtm I)ght ms
mWuelum k scc~mcm 4th ulabkhd Wig &I'mno 8tmw *s -my. -
@+a
195
196
197
1
9
8
C:\DOCUME~1\chooks\LOCALS~1\Temp\City Engineer report .DOC
1 of 1
OIL & GAS OPERATIONS PERMIT APPLICATION
CITY ENGINEER'S REPORT TO PLAN REVIEW COMMITTEE (PRC)
DATE: 1/09/08 CASE FILE NO. 07-327
WELL NAME: Smith-Mohawk Unit, Well No. 1RE
APPLICANT: Ogden Resources, Ltd., Bryan, Texas
DRILLING COMPANY: Nabors Drilling USA, LP, Houston, Texas
TYPE: Rural Classification, 2 each Vertical/Horizontal Wells
LOCATION: Surface - The southwest corner of FM 2818 and Jones-Butler Road
DEPTH: ST#02 9,400 feet Total Vertical Depth and 12,900 feet Measured Depth
ST#03 9,600 feet Total Vertical Depth and 12,600 feet Measured Depth
ACCESS: From Harvey Mitchell Parkway South, on an existing access road.
REQUIRED PERMITS SUBMITTED: YES NO NOT REQUIRED
Texas Railroad Commission X
Texas Water Commission X
Federal Aviation Agency X
Airport Zoning Board Height Variance X
Drainage Development Permit X
Driveway Access Permit X
Insurance Certificates X
RECOMMEND SECURITY FOR COMPLIANCE WITH PERMIT TERMS AND ORDINANCE:
A minimum of $25,000 is required for security by the ordinance.
GROUND WATER PROTECTION:
Existing casing will be used. Surface casing was set and cemented to 2330' according to Cementing
program submitted with the approved 1996 application. Water zones are protected.
FEES PAID: YES NO NOT REQUIRED REPORT COMPLETED
Application Fee X
Legal Consultant X
Technical Consultant X
ESTIMATE OF CONSULTANT FEES:
Legal none
Technical Consultant none
Total $000
OTHER CONSIDERATIONS:
There is an existing well on the drilling site. The original well is a rural classification well and was permitted
in 1996. The applicant is proposing to re-enter the existing well bore, or hole, and drill two additional wells.
Drilling will consist of one (1) well parallel to the original well and one (1) well in the opposite direction of the
original well. Development around the site has changed the well classification from rural to urban.
SCHEDULE FOR COUNCIL ACTION:
City Council Regular Meeting: Publish according to Rural Classification schedule for Public Hearing and
Council Action January 24, 2008.
199
RURAL
OIL AND GAS PERMIT
ISSUED BY THE CITY OF COLLEGE STATION, TEXAS
PERMITTEE: Ogden Resources, Lrd.
3740 Copperfield Drive, Suite 103
Bryan, Texas 77802-5933
EXPIRATION DATE: January 25, 2009
WELL NAME: Smith-Mohawk Unit, Well No. 1RE
PERMIT NO: 07-327
REGULATION: The City Council of the City of College Station has determined that the testing
and exploration for and development, production and storage of oil, gas, and mineral
hydrocarbons (including enhanced or secondary recovery thereof) within the City limits is an
activity which necessitates reasonable regulations in order that such activities will not cause
injury or property damage to the citizens of the City, and that such activities should conform to the
comprehensive plan and zoning ordinances of the City as far as practicable in order to preserve
the integrity of said ordinances and regulations. The City recognizes that conflicting property
rights exist in the carrying out of such activities, and further recognizes the rights of all property
owners, minerals and otherwise, to the peaceable enjoyment of their property and the benefits
and revenues therefrom.
UNLAWFUL: It shall be unlawful to engage in any activity not permitted by the terms of this
permit and the applicable laws, or to fail to comply with any condition set forth in this permit.
PERMIT TERMS: This permit is issued in accordance with Ordinance No. 1916, Chapter 4
Section 13 of the Code of Ordinances of the City of College Station, Texas, and with applicable
ordinances, rules, regulations and laws of the City of College Station, the State of Texas and of
the United States of America and their respective agencies, commissions and regulatory bodies.
Ogden Resouces, Ltd. is hereby issued this Oil and Gas Permit, having posted a Security
Instrument in the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00), in the form
of irrevocable letter of credit or indemnity bond, or certificate of deposit as set forth in Ordinance
No. 1916, and required by action of the City Council.
Additional terms and conditions of the granting, issuance and continued effectiveness of this Oil
and Gas Permit: None
200
I. ADMINISTRATION:
1. Permittee shall comply with Permittee's Application for Permit to conduct operations for the
Discovery and Production of Oil, Gas and Associated Hydrocarbons within the City of College
Station, Texas except as modified by this permit.
2. Permittee shall assume responsibility for, and promptly pay to the City of College Station,
the cost of any inspection performed by the City of College Station or its representative during
the term of this Oil and Gas Permit.
3. Permittee shall comply will all applicable Ordinances, Rules, Regulations and Laws of the
City of College Station, the State of Texas, and of the United States of America and their
respective agencies, commissions, and regulatory bodies.
II. ACCESS
1. Access to the Drill Site shall be via existing access road off FM 2818 is acceptable. Any
future required or requested modifications should be submitted for City review and permitting.
2. The access road must have at a minimum, an asphalt surface from the street to the right-of-
way line that conforms to the minimum pavement design as described in the College Station
Standard Specifications for Street Construction.
III. WATER PROTECTION:
1. Before commencement of any earth work related to oil and gas operations, a Development
Permit shall be obtained by Permittee from the City Engineer.
2. Surface casing shall be set and cemented to a depth of not less than 2,100 feet to protect
fresh water.
IV. SCREENING AND FENCING:
1. The site shall be screened on all four (4) sides of the production facility with a minimum of a
six (6) foot solid screen fence with neutral colors as noted in the ordinance. The screen shall
be constructed of a material compatible with surrounding uses which effectively screens the
site. It shall have a gate which shall be kept closed and locked except while occupied by
Permittee, Permittee's personnel, Permittee's agents/representatives, City Engineer/designate
or the Fire Department.
2. Landscape shall be provided per the Ordinance where a landscape plan shall first be
submitted to the City for approval prior to installation.
201
V. DRILLING OPERATIONS:
1. Permittee shall confine light and noise associated with exploration and production activities
to the site to the maximum extent possible. Permittee shall employ a drilling rig equipped with
hospital type mufflers. Permittee shall employ properly muffled, water-cooled or electric
motors for compressors during production.
2. Permittee shall comply with all Ordinances and Railroad Commission requirements
pertaining to flaring gas. In no event shall the flaring of gas exceed ninety (90) calendar days
after completion of the well. Further, Permittee shall install prior to entry into the target zone, a
sufficient separating device or system(s) (at least two in series) to ensure that gas, oil, other
fluids and solids are separated to a sufficient degree that the in the event the flaring of gas is
necessary in connection with the safe drilling and completion of the well (subject to the
limitation set forth herein), such flare shall, to the maximum extent possible, be clean burning
and emit neither noxious smoke nor odors. Permittee shall equip flare lines with smokeless
flare ignition system. The flare shall be directed away from existing trees to the maximum
extent possible.
3. At the conclusion of the drilling operation all equipment, materials and constructed items
shall be removed from the area outside the production site. This area shall be returned to its
original state within thirty (30) days of the completion of the drilling operation.
4. All earth pits proposed to hold liquids shall be lined with an impermeable membrane or
liner. Upon the completion of drilling operations all cuttings, pit contents and fluids shall be
removed from the pits and Drill Site. The liner shall be removed to the maximum extent
practicable and the pits shall be filled and leveled. Burning of sludge pits shall not be
permitted.
5. Production and storage tanks shall be contained within earthen berms constructed in
accordance with applicable oil field practice. Berms shall be constructed and maintained to
retain not less than 133% of the capacity of the largest of such tanks.
6. Permittee shall paint tanks, vessels and prime movers a neutral color, or such other color
scheme as may be approved by the City Planner.
VI. EMERGENCY SERVICES:
1. Permittee shall erect and maintain signs which identify the well by name, the operator, his
address and a 24 hr emergency contact telephone number at the well site and at the
intersection of the well site access road with the public street.
2. The College Station Fire Department will provide emergency response and limited fire
fighting services.
202
CHECK LIST FOR ISSUANCE
The following items must have been received and on file with the City before this permit is issued:
Approved Drainage Development Permit: Not Required
Security instrument: $25,000.00
Certified Postage re-embersement: $13.50
Public Notice re-embersement: $88.58
Considered by City Council this 24th day of January, 2008
Issued this the day of , 2008
City Engineer Date
City Secretary Date Fire Chief Date
203
January 24, 2008
Regular Agenda Item 9
Atmos Rate Settlement
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, public hearing, possible action, and discussion regarding an
ordinance approving the Settlement Agreement between ACSC and Atmos regarding the
Company's Statement of Intent to increase rates and to approve tariffs that implement the
terms of the Settlement Agreement.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: College Station, along with 150 other cities served by Atmos Energy Mid-Tex
Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee
("ACSC"). Since October, ACSC members have worked diligently with Atmos
representatives to explore options to address Atmos' latest request to increase rates by $52
million and to resolve other outstanding issues. The ordinance and tariffs (Attachment B to
the Ordinance) reflect the agreement reached between ACSC and Atmos Mid-Tex to reduce
Atmos' requested increase by more than 80 percent and ensure that the Company is able to
provide safe and reliable natural gas service.
The Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty for
customers by resolving outstanding appeals, creates a new process for expedited rate
review by the cities, eliminates piecemeal ratemaking, reimburses ACSC for rate case
expenses associated with the GRIP surcharge cases, resolves all outstanding issues between
ACSC and Atmos, including six appeals currently pending in Texas courts, and avoids the
necessity of costly litigation. The ACSC Executive Committee recommends that ACSC
members approve the Settlement Agreement.
Budget & Financial Summary: Approval of the Ordinance will result in a $10 million
increase in Atmos' revenues with the costs being distributed across all of its customers.
This is an 80 percent reduction of the $52 million increase requested by Atmos in its
Statement of Intent. Cities, by statute, are entitled to recover their reasonable rate case
expenses from the utility. The Settlement Agreement provides for reimbursement to ACSC
of rate case expenses associated with the GRIP surcharge cases, and avoids the necessity of
costly litigation.
Attachments:
1. Ordinance
2. Settlement Agreement “Attachment A”
3. Tariffs “Attachment B”
4. Model Staff Report
5. Explanation of Key Provisions of the Settlement Agreement
6. Memorandum from Rate Case Consultants Lloyd Gosselink Attorneys at Law
7. List of ACSC Cities
8. Comparison of Customer Impacts
204
C:\DOCUME~1\chooks\LOCALS~1\Temp\Ordinance .doc
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, ("CITY") APPROVING A SETTLEMENT AGREEMENT BETWEEN THE
ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX
DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE
COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES
EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES
TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE;
ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN
MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of College Station, Texas ("City") is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, on or about September 20, 2007, Atmos Mid-Tex, pursuant to Gas Utility
Regulatory Act § 104.102 filed with the City a Statement of Intent to increase system-wide gas
rates by approximately $52 million, such increase to be effective in all municipalities exercising
original jurisdiction within its Mid-Tex Division service area effective on October 25, 2007; and
WHEREAS, the City took action to suspend the October 25, 2007 Effective Date and to
coordinate a response to Atmos' filing with more than 150 other similarly situated municipalities
through the Atmos Cities Steering Committee ("ACSC") (such participating cities are referred to
herein as "ACSC Cities"); and
WHEREAS, Atmos has agreed to extend the October 25, 2007, Effective Date such that the
City's jurisdiction over this matter ends March 1, 2008; and
WHEREAS, the Railroad Commission of Texas ("RRC" or the "Commission") in GUD No.
9670, issued an Order approving new system-wide rates for customers of Atmos Energy's Mid-
Tex Division in March 2007, which increased residential base rates by approximately $10
million annually; and
WHEREAS, ACSC and Atmos have each appealed the RRC's decision in Atmos' most recent
system-wide rate increase as well as the decision rendered in GUD No. 9400 to the Travis
County District Court; and
WHEREAS, Atmos and ACSC have been in continuing disagreement, dispute, and litigation
over the application of Section 104.301 of the Texas Utilities Code and the resulting rate
increases ("GRIP surcharges") established by the RRC; and
205
ORDINANCE NO. _______________ Page 2
C:\DOCUME~1\chooks\LOCALS~1\Temp\Ordinance .doc
WHEREAS, Atmos filed its application for its fourth GRIP surcharge in four years on May 31,
2007, seeking to increase the rates of all customers by approximately $12 million annually; and
WHEREAS, the ACSC Cities desire to avoid the litigation expense that would result from
another lengthy contested rate case proceeding before the RRC as well as the prosecution of the
appeals in various courts of the GRIP surcharges and the two previous system-wide rate
decisions; and
WHEREAS, ACSC desires to recoup certain costs it previously incurred in connection with
GRIP-related proceedings (costs which Atmos contends are not reimbursable rate case expenses
under the Texas Utilities Code), as well as costs incurred in connection with this proceeding; and
WHEREAS, on October 18, 2007, more than 60 ACSC members met in Arlington with officers
and executives of Atmos to discuss various issues, including rate making, resulting in a mutual
pledge to work toward settlement; and
WHEREAS, ACSC members designated a Settlement Committee made up of ACSC
representatives to work with ACSC attorneys and consultants to formulate and review reasonable
settlement positions to resolve outstanding matters with Atmos, including the pending rate
increase request; and
WHEREAS, the Settlement Committee and lawyers representing ACSC met several times with
the Company to negotiate a Settlement Agreement resolving the issues raised in the Company's
Statement of Intent filing as well as all outstanding appeals of the two prior rate cases and
various GRIP filings; and
WHEREAS, the Settlement Committee, as well as ACSC lawyers and consultants believe
existing rates are unreasonable and should be changed; and
WHEREAS, the ACSC Executive Committee recommends ACSC members approve the
negotiated Settlement Agreement and attached tariffs; and
WHEREAS, the attached tariffs provide for an expedited rate review process as a substitute to
the current GRIP process instituted by the Legislature; and
WHEREAS, the expedited rate review process as provided by the Rate Review Mechanism
Tariff eliminates piecemeal ratemaking, the ACSC's major objection to the current GRIP
process; and
WHEREAS, the attached tariffs implementing new rates are consistent with the Settlement
Agreement and are just, reasonable, and in the public interest; and
206
ORDINANCE NO. _______________ Page 3
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WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any
Settlement Agreement that Atmos enters into with other entities arising out of its Statement of
Intent or any associated appeals of a decision entered by the Railroad Commission regarding the
Company's request to increase rates; and
WHEREAS, the Settlement Agreement as a whole is in the public interest; now, therefore.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1. That the findings set forth in this Ordinance are hereby in all things approved.
PART 2. That the City Council finds that the Settlement Agreement, which is attached
hereto and incorporated herein as Attachment A, is in the public interest and is
hereby endorsed in all respects.
PART 3. That existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable and new tariffs, which are attached hereto and incorporated
herein as Attachment B, are just and reasonable and are hereby adopted.
PART 4. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this Ordinance, it is hereby repealed.
PART 5. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
PART 6. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the
remaining provisions of this Ordinance and the remaining provisions of the
Ordinance shall be interpreted as if the offending section or clause never existed.
PART 7. That if ACSC Cities determine any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent Settlement Agreement
approved in any proceeding addressing the issues raised in Atmos' Statement of
Intent would be more beneficial to the ACSC Cities than the terms of the attached
Settlement Agreement, then the more favorable rates, revenues, terms and
conditions, or benefits shall additionally accrue to the ACSC Cities. However,
approval of the attached Rider RRM, Rider CEE, Rider GCR and the Rider WNA
shall not be affected by the application of the provisions contained in this section,
it being the understanding and the intent of the parties hereto that such tariffs shall
continue according to their terms.
207
ORDINANCE NO. _______________ Page 4
C:\DOCUME~1\chooks\LOCALS~1\Temp\Ordinance .doc
PART 8. That this Ordinance shall become effective from and after its passage with rates
authorized by attached Tariffs to be effective for customer bills delivered on or
after March 1, 2008.
PART 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Joe T.
Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to
ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box 1725,
Austin, Texas 78767-1725.
PASSED AND APPROVED this __________ day of _____________________________, 2008.
APPROVED:
____________________________________
Mayor
ATTEST;
__________________________________
City Secretary
APPROVED
E-Signed by Harvey Cargill
VERIFY authenticity with ApproveIt
___________________________________
City Attorney
208
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Atmos Rate Ordinance Staff Report 1
MODEL STAFF REPORT
The City, along with 150 other cities served by Atmos Energy Mid-Tex Division
("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC").
Since October, ACSC members have worked diligently with Atmos representatives to explore
options to address Atmos' latest request to increase rates by $52 million and to resolve other
outstanding issues. The ordinance and tariffs (Attachment B to the Ordinance) reflect the
agreement reached between ACSC and Atmos Mid-Tex to reduce Atmos' requested increase by
more than 80 percent and ensure that the Company is able to provide safe and reliable natural gas
service. The Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty
for customers by resolving outstanding appeals, creates a new process for expedited rate review
by the cities, eliminates piecemeal ratemaking, reimburses ACSC for rate case expenses
associated with the GRIP surcharge cases, and avoids the necessity of costly litigation. The
ACSC Executive Committee recommends that ACSC members approve the Settlement
Agreement.
Purpose of the Ordinance:
The purpose of the Ordinance is to endorse the Settlement Agreement between ACSC
and Atmos regarding the Company's Statement of Intent to increase rates and to approve tariffs
that implement the terms of the Settlement Agreement.
Approval of the Ordinance will result in a $10 million increase in Atmos' revenues. This
is an 80 percent reduction of the $52 million increase requested by Atmos in its Statement of
Intent. In addition, the tariffs approved by the Ordinance will replace the current piecemeal
ratemaking GRIP surcharge system with an expedited rate review process that ensures that cities
can review all components of future Company rate change requests. The Settlement Agreement
also resolves all outstanding issues between ACSC and Atmos, including six appeals currently
pending in Texas courts.
Procedural History and Background on Atmos Rate Increases Since 2004:
On September 20, 2007, Atmos filed with the City the Company's Statement of Intent to
increase natural gas rates system-wide by approximately $52 million. The City suspended the
October 25th Effective Date to work with other ACSC members to analyze the schedules and
evidence offered by Atmos to support its request to increase rates. In order to facilitate approval
of this Ordinance and the attached tariffs, Atmos Mid-Tex has agreed to extend the deadline for
final city action until March 1, 2008.
Atmos' rate request represents the seventh increase in natural gas rates for customers in
the Atmos Mid-Tex service area since 2004. Four rate increases are the result of Gas Reliability
Infrastructure Program (GRIP) surcharges enacted pursuant to the Texas Utilities Code
§ 104.301. A primary complaint of cities around the state regarding GRIP filings is that it is
piecemeal ratemaking and only looks at changes in the utility's invested capital, rather than a
more comprehensive review of all components affecting rates charged. Cities thus far have been
unsuccessful in defeating GRIP at the Legislature and in court.
263
Atmos Rate Ordinance Staff Report 2
In addition to the four GRIP surcharges, base rates charged to customers served by
Atmos Mid-Tex have increased as the result of two system-wide cost of service rate filings since
2004. The Company's current request to increase base rates would be the third system-wide cost
of service increase for customers in Atmos Mid-Tex's service area since 2004.
In the most recent cost of service rate request, GUD No. 9670, the Railroad Commission
of Texas ("RRC" or "Commission") issued an order in March, 2007, approving new system-wide
rates for customers of Atmos Mid-Tex. Residential customers were impacted disproportionally
by the Commission's final order, with residential rates increasing by $10 million annually,
despite an overall system-wide rate increase of $5 million.
System-wide rates charged to residential customers in the Atmos Mid-Tex region were
also increased by several million dollars in 2004 in GUD No. 9400. In GUD Nos. 9400 and
9670, the hearings examiners that heard the testimony and evaluated the evidence recommended
that rates be reduced for customers. However, in both cases, the Railroad Commission reversed
key decisions of its own hearings examiners, ultimately issuing final orders that approved rate
increases instead of the recommended rate reductions.
Reasons Justifying Settlement:
During the time that the City has retained original jurisdiction in this case, consultants
working on behalf of ACSC members have investigated the support for the Company's requested
rate increase. While the evidence does not support the $52 million increase requested by the
Company, ACSC consultants agree that the Company can justify an increase in revenues of at
least $8 million and that there is a reasonably high probability that the RRC would award an
increase of at least $10 million.
A contested case proceeding before the RRC on the Company's current application will
take several months and cost ratepayers millions of dollars in rate case expenses and would not
likely produce a request more favorable than that to be produced by the settlement. The ACSC
Executive Committee recommends that ACSC members take action to approve the Settlement
Agreement. This Settlement Agreement achieves several desirable outcomes, including:
· Reverses rate design decisions that unfairly impact residential ratepayers
· Does away with piecemeal ratemaking problems inherent to the GRIP surcharge process
· Eliminates exposure to potential court reversal of the multi-million dollar Poly-1 Pipe
disallowance (Atmos' issue on appeal in Docket No. 9400)
· Avoids uncertainty and potential negative consequences of Railroad Commission rate
review (in the two most recent rate cases affecting Atmos Mid-Tex customers, the
Commission has reversed rate reductions recommended by its own hearings examiners in
favor of rate increases)
· Implements an expedited rate review process that includes the cities and allows review of
all aspects of Atmos' cost of service
264
Atmos Rate Ordinance Staff Report 3
· Requires Atmos to reimburse ACSC for more than $500,000 paid to litigate GRIP
surcharge cases
· Protects ACSC members and their citizens from the remote possibility that a litigated
outcome or settlement with other parties produces a result more favorable than the
ordinance passed by ACSC members by including a Most Favored Nations provision in
the Settlement Agreement.
Explanation of "Be It Ordained" Paragraphs:
1. This paragraph approves all findings in the ordinance.
2. This section adopts the Settlement Agreement in all respects and finds it to be
just, reasonable and in the public interest.
3. This section adopts the attached Tariffs in all respects and finds the rates set
pursuant to the attached Tariffs to be just, reasonable and in the public interest. Note that only
new tariffs or existing tariffs that are being revised are attached to the Ordinance. Existing tariffs
that are not being changed in any way are not attached to the Ordinance.
4. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
7. This section is a "Most Favored Nations" clause, which protects the City by
mandating that if a Final Order or subsequent settlement agreement approved in any proceeding
addressing the issues raised in Atmos' Statement of Intent filing result in rates, revenues, terms
and conditions, or benefits that would be more beneficial to the ACSC Cities than the terms of
this Settlement Agreement, the City may, at its option, implement and benefit from such more
favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC
Cities. However, the section makes it clear that application of the Most Favored Nations
provision does not affect the approval of the Rider RRM, Rider CEE, Rider GCR and the Rider
WNA, which shall continue according to their terms.
8. This section provides for an effective date upon passage.
265
Atmos Rate Ordinance Staff Report 4
9. This paragraph directs that a copy of the signed resolution be sent to a
representative of the Company and legal counsel for ACSC.
266
Privileged and Confidential
Attorney Client Communication
PREPARED FOR SETTLEMENT PURPOSES ONLY 1
EXPLANATION OF KEY PROVISIONS OF
THE SETTLEMENT AGREEMENT BETWEEN ACSC AND ATMOS
1. An 80% Reduction of Atmos' Requested $52 Million Rate Increase
Atmos' Statement of Intent filing made with the Cities in September, 2007,
requested a $52 million rate increase. The Settlement Agreement substantially reduces
the Company's request, authorizing a $10 million rate increase effective for bills rendered
by Atmos on or after March 1, 2008.
During the time that ACSC members have retained original jurisdiction in this
case, rate experts working on behalf of ACSC have investigated the support for the
Company's requested rate increase. It is likely that if the merits of the Company's
requested increase were litigated before the Railroad Commission ("RRC"), testimony
filed by ACSC experts would support an increase of approximately $8 million. However,
it is extremely unlikely that the RRC would adopt ACSC's position in its entirety.
A contested case proceeding before the RRC on the Company's current
application will take several months and cost ratepayers millions of dollars in rate case
expenses. The $10 million rate increase provided by the Settlement Agreement is within
the zone of reasonableness based on the evidence that would be offered at hearing.
Cities' experience before the RRC indicates that it is more likely than not that the $10
million rate increase agreed to as part of the settlement is a better result than what would
be ordered by the RRC.
2. Elimination of Piecemeal Ratemaking ("GRIP") in Favor of a
Comprehensive Rate Review Mechanism ("RRM")
The Settlement Agreement authorizes a three year experiment with an expedited
rate review process that replaces GRIP ratemaking. There will be no GRIP filings while
RRM is operative. ACSC has opposed all GRIP filings as piecemeal ratemaking because
gas utilities were able to receive a rate increase simply by showing a change in their
invested capital instead of a more comprehensive view of all of the components that
affect rates, like revenues and expenses. However, Cities have been unsuccessful thus far
in defeating GRIP at the Legislature and in court.
The RRM process, starting with the first filing to be effective in October, 2008,
should be a more comprehensive process that will allow cities with original jurisdiction
the opportunity to review information regarding changes to Atmos' revenues and
expenses as well as its invested capital. In addition, Atmos and ACSC agreed to certain
constraints on the magnitude of changes to expenses and invested capital under RRM.
The agreement also freezes Atmos Mid-Tex's rate of return on equity and its capital
structure for purposes of the RRM filings to avoid the parent company manipulating
Atmos Mid-Tex's overall rate of return.
267
Privileged and Confidential
Attorney Client Communication
PREPARED FOR SETTLEMENT PURPOSES ONLY 2
If the RRM process is not successful, Cities and the Company are free to revert to
the statutory plan for rate changes (GRIP surcharges or a full contested case proceeding).
Expenses incurred by ACSC to review RRM filings will be reimbursed by Atmos.
3. Establishes a Conservation Program to Reduce Natural Gas Consumption
Atmos' conservation program will be implemented effective with the first RRM in
October. The Settlement Agreement calls for contributions of $1 million from both
shareholders and ratepayers, but limits ratepayer-supplied dollars to investment in
materials and supplies.
4. Gas Cost Uncollectibles to be Recovered Through the Gas Cost Recovery
Factor Instead of Base Rates
At Atmos' request, Cities will authorize a transition of gas cost uncollectibles
from base rates to the gas cost recovery factor coincident with the RRM experiment in
October. The level of uncollectibles recovered in base rates will be reduced dollar for
dollar as uncollectibles are shifted to the gas cost recovery factor.
5. Improves Residential Rate Design
Atmos agrees to change residential rate design as part of the RRM process and to
fix the residential customer charge at $7.00 with all other costs being recovered through
the commodity charge.
The settlement achieves what cities could not win through litigation on residential
rate design. The RRC has systematically gutted the rate design policy approved by cities
for TXU Gas during the 1990s. In the past two contested cases, the RRC has increased
the residential customer charge, sending residential customers the false signal that the
cost of natural gas declines as consumption increases.
6. Provides for Rate Certainty
As part of the Settlement Agreement, Atmos and ACSC agree to dismiss their
appeals of the two most recent cost of service rate cases. Atmos has continued to pursue
the appeal regarding cost responsibility for the replacement of poly-1 pipe. While the
Commission came to the right decision in assigning that cost to shareholders, its findings
and conclusions are not as strong as they could or should be and thus there is a potential
that a business-oriented appellate court could rule in favor of Atmos. The poly-1 pipe
issues have an invested capital potential liability in excess of $80 million if an appellate
court reverses the RRC. ACSC also agrees to drop its appeals of GRIP cases with the
exception of the declaratory action case (regarding interpretation of the GRIP statute) that
has already been argued to the Court of Appeals.
268
Privileged and Confidential
Attorney Client Communication
PREPARED FOR SETTLEMENT PURPOSES ONLY 3
7. Reimbursement of GRIP Rate Case Expenses
To date, the ACSC has expended more than $500,000 litigating the four GRIP
surcharges implemented by Atmos. Atmos and the RRC have taken the position that
cities are not entitled to rate case expense reimbursement in GRIP surcharge cases.
Pursuant to the Settlement Agreement, Atmos will reimburse ACSC for expenses
associated with litigation of the four GRIP filings.
8. Protects Cities' Interest
The Settlement Agreement includes a "Most Favored Nations" clause so that
ACSC members will receive the benefit of any concessions that may be made to other
parties, including the RRC.
269
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
Ms. Doyle’s Direct Line: (512) 322-5820
Email: kdoyle@lglawfirm.com
M E M O R A N D U M
TO: Atmos City Steering Committee (ACSC) Members
FROM: Geoffrey Gay
Kristen Doyle
Georgia Crump
DATE: January 10, 2008
RE: FINAL ACTION BY MARCH 1ST – Atmos Rate Case Settlement
The ACSC Settlement Committee (Jay Doegey – Arlington, Danny Reed – Fort Worth, Mark
Israelson – Plano, Don Wilson – Eastland, Doreen McGookey – Sherman, Tom Akins – Denison,
Cathy Cunningham – various ACSC cities), with the advice and input of consultants and lawyers
retained by ACSC, has worked since October to explore options to resolve the Company's pending
$52 million rate increase request without the necessity of a protracted and costly contested case
proceeding.
The attached Settlement Agreement is a result of their efforts. It reduces Atmos' rate increase
by more than 80 percent, resolves several outstanding issues on appeal, requires reimbursement of
more than $500,000 expended by ACSC to litigate GRIP cases, and eliminates the piecemeal
ratemaking GRIP process in favor of an expedited rate review process controlled by cities. The
ACSC Executive Committee recommends approval of the settlement agreement because it
provides rate certainty, represents an outcome that is equal to or better than the outcome expected
from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas
rates.
Please schedule consideration of the ordinance for your next available council meeting.
Final council action to approve the ordinance must take place by March 1st. To assist you,
several documents are attached:
· An ordinance setting new rates. The approved Ordinance must include the
Settlement Agreement ("Attachment A" to the Ordinance) and Tariffs ("Attachment
B" to the Ordinance.)
· A model staff report
· A detailed explanation of key provisions of the settlement agreement
· A list of ACSC members
Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is
unable to meet the March 1st deadline for final action. Once final action has been taken by your city,
please forward a copy of the ordinance to Atmos Mid-Tex and to our paralegal, Barbara Kimmell
(fax number: 512/472-0532.)
270
ACSC Cities
(151 Total)
Abilene
Addison
Allen
Alvarado
Angus
Anna
Argyle
Arlington
Bedford
Bellmead
Benbrook
Beverly Hills
Blue Ridge
Bowie
Boyd
Bridgeport
Brownwood
Buffalo
Burkburnett
Burleson
Caddo Mills
Carrollton
Cedar Hill
Celeste
Celina
Cisco
Cleburne
Clyde
College Station
Colleyville
Colorado City
Comanche
Coolidge
Coppell
Corinth
Corral City
Crandall
Crowley
Dalworthington Gardens
Denison
DeSoto
Duncanville
Eastland
Edgecliff Village
Emory
Ennis
Euless
Everman
Fairview
Farmers Branch
Farmersville
Fate
Flower Mound
Forest Hill
Fort Worth
Frisco
Frost
Gainesville
Garland
Garrett
Grand Prairie
Grapevine
Haltom City
Harker Heights
Haskell
Haslet
Heath
Hewitt
Highland Park
Highland Village
Honey Grove
Hurst
Iowa Park
Irving
Justin
Kaufman
Keene
Keller
Kemp
Kennedale
Kerrville
Killeen
Krum
Lakeside
Lake Worth
Lancaster
Lewisville
Lincoln Park
Little Elm
Malakoff
Mansfield
McKinney
Melissa
Mesquite
Midlothian
Murphy
Newark
Nocona
North Richland Hills
Northlake
Oak Leaf
Ovilla
Palestine
Pantego
Paris
Parker
Pecan Hill
Plano
Ponder
Pottsboro
Prosper
Putnam
Quitman
Red Oak
Reno (Parker County)
Richardson
Richland Hills
Roanoke
Robinson
Rockwall
Roscoe
Rowlett
Sachse
Saginaw
Seagoville
Sherman
Snyder
Southlake
Springtown
Stamford
Stephenville
Sulphur Springs
Sweetwater
Temple
Terrell
The Colony
Throckmorton
Tyler
University Park
Venus
Vernon
Waco
Watauga
Waxahachie
Westlake
Westworth Village
Whitesboro
White Settlement
Wichita Falls
Woodway
Wylie
271
Comparison of Customer Impacts:
Atmos' Requested Rates as filed (Statement of Intent)
and the Settlement Agreement
Atmos Requested Rates Settlement Agreement
Current
Monthly
Bill
Atmos Req.
Monthly
Bill
Change ($)
Change (%)
Settlement
Agreement
Monthly Bill
Change ($)
Change (%)
Residential
(using 4.4 Mcf
per month)
$54.99
$57.07
$2.08
3.77%
$55.19
$0.20
0.37%
Commercial
(using 30 Mcf
per month)
$296.15
$305.36
$9.21
3.11%
$299.60
$3.48
1.18%
Industrial
(using 300
MMBTU)
$2,975.21
$3,143.10
$167.89
5.64%
$2978.79
$3.58
0.12%
Transport
(using 300
MMBTU)
$519.87
$687.76
$167.89
32.30%
$523.45
$3.58
0.69%
· In its Statement of Intent filed with the Cities on September 20, 2007, Atmos Mid-Tex asked for a $52 million increase from
total customers revenues of $1,512 million. If approved, the Company's revenues would have increased 3.4 percent.
· The $10 million revenue increase authorized by the Settlement Agreement represents a 0.66 percent increase in Company
revenues.
272
January 24, 2008
Regular Agenda Item 10
Annual Blanket Purchase Order for the Installation
of Hot Mix Asphalt Concrete
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding approval
of an annual contract with either Knife River or Brazos Valley Services for Item 1 -
the Installation of Hot Mix Asphalt Concrete and Item 2 - MC-30/AEP Emulsified
Asphalt after a tie-breaker has been administered to determine the award of the bid.
The cost for the total of Item 1 and Item 2 is not to exceed $632,250.00. The
approval of a contract with Brazos Valley Services for Item 3 – the purchase of RC-2
Winter Patch Asphalt is recommended at a cost not to exceed $7,500.00.
Recommendation(s): Staff recommends approval of the contracts after
determination of the award for Item 1 and Item 2 through the tie-breaker. Approval
of the contract for Item #3 with Brazos Valley Services is recommended because it is
the low bid.
Summary: Bids for the Annual Blanket Purchase Order for the Installation of Hot
Mix Asphalt Concrete were received from Brazos Valley Services, Knife River and Big
Creek Construction. The bid documents state that “Item 1 and Item 2 will be
awarded together, based on total low bid for both items”. Both Knife River and
Brazos Valley Services submitted the low bids of $632,250.00 for the two items. Big
Creek Construction submitted a bid that was higher. Brazos Valley Services
submitted the low bid for Item 3. A tie breaker is to be administered through a
lottery system to award the bid in the event of identical low submittals. Staff
recommends the contract for Item 1 and Item 2 be awarded to the vendor selected
in the tie breaker. Staff also recommends the contract for Item 3 be awarded to the
low bidder, Brazos Valley Services.
Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for
the Installation of Hot Mix Asphalt Concrete is provided from the operating budget of
the Street Maintenance Division.
Attachments:
1. Tabulation of Bid No. 08-14
2. Prepared resolutions for both contracts
273
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27
4
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE ANNUAL
INSTALLED ASPHALT CONTRACT PROJECT AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
Annual Installed Asphalt Contract Project; and
WHEREAS, the selection of Knife River Corporation South is being recommended as the lowest
responsible bidder for the construction services related to Annual Installed Asphalt Contract;
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 Knife River Corporation South is
the lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with Knife River
Corporation South for $632,250.00 for the labor, materials and equipment
required for the improvements related the Annual Installed Asphalt
Contract Project.
PART 3: That the funding for this Contract shall be as budgeted from the 001-
General Fund, Street Maintenance Division, in the amount of $632,250.00.
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 Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
275
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE ANNUAL
INSTALLED ASPHALT CONTRACT PROJECT AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
Annual Installed Asphalt Contract Project; and
WHEREAS, the selection of Brazos Valley Services is being recommended as the lowest
responsible bidder for the construction services related to Annual Installed Asphalt Contract;
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 Valley Services is the
lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with Brazos Valley
Services for $ 632,250.00 for the labor, materials and equipment required
for the improvements related the Annual Installed Asphalt Contract
Project.
PART 3: That the funding for this Contract shall be as budgeted from the 001-
General Fund, Street Maintenance Division, in the amount of
$632,250.00.
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 Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
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277
January 24, 2008
Regular Agenda Item 11
Nomination of Fire Chief to 911 Board of Directors
To: Glenn Brown, City Manager
From: Kathy Merrill, Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a nomination to
the Board of Managers of the Brazos County Emergency Communications District.
Recommendation(s): Staff recommends nominating Fire Chief R.B. Alley to serve a two
year term on the Board of Managers for the Brazos County Emergency Communications
District.
Summary: Emergency Communications districts were mandated by state law which also
authorized establishing fees to support communications infrastructure. The Brazos County
district was established in 1988.
The members of the Board of Managers of the Brazos County Emergency Communications
District are made up of five voting members. Membership of the board is allocated to the
various entities within the county as follows: Brazos County appoints two members, the
cities appoint two members jointly and one member is appointed by the volunteer fire
departments. Verizon appoints a non-voting member as the principal telephone service
supplier. The City’s previous representative on this Board was the Police Chief.
Because the method of selecting the Board of Managers is in conjunction with the other
cities in the County, these nominations will be circulated by the Executive Director of the
Brazos County Emergency Communications District, in ballot form, to the other entities in
the County for their concurrence during a specified time period.
Budget & Financial Summary: There are no direct costs to the City of College Station;
however, citizens in College Station help to fund the 911 District operations and
administrative staff through charges attached to telephone and cellphone bills.
Attachments:
1. Letter from BCECD Executive Director
278
BRAZOS COUNTY EMERGENCY PA. BOX 91 1 - BRYAN, WIS 77806
COMMUNICATIONS DISTRICT 979.7111.091 1 - FAN 979.821.3407
WWVY.BC~11 .on
December 20,2007
DEC 2 1 2007
Glenn Brown, City Manager
City of College Station
1 1 0 1 Texas Ave
College Station, Texas 77840
Dear Mr. Brown:
The joint municipal appointment of representatives to the Brazos County Emergency
Communica~tions District will expire December 31, 2007. The Board is comprised of five
voting members; two members appointed by the County Commissioners Court, two
members appointed jointly by all participating municipalities located in the District and
one member appointed by the volunteer fire departments. Additionally, the principal
telephone service supplier, Verizon, appoints a non-voting member.
The current members representing the four municipalities in our District are Chief
Michael Clancey and Chief Michael Donoho. I have outlined each step in the process
below:
1. Please nominate an individual to serve on the Board of Managers. This person may
be a staff member or a citizen at large. Please return this nomination no later than
January 31,2008.
2. Once all nominations are received, a ballot will be circulated to all cities. This ballot
could contain up to four names, one submitted by each city. At that time, please
voie for two represer~iaiives irurr~ this iisi ui ricrsninees. The District wiii iatlllate the
ballots.
If you have any questions or require any additional information, please do not hesitate
to contact me.
Sincerely,
~lieth Godwin
Executive Director
WHEN SECONDS COUNT 279
January 24, 2008
Regular Agenda Item 12
Certification of Petition to City Council on Referendum of Tax Freeze Election
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion on the acceptance of a tax
freeze petition certified by the City Secretary.
Summary: On January 13, 2008 the City Secretary completed the verification process of
an initiative petition for the City Council to call an election to freeze the ad valorem taxes
on the residential homestead of the disable and persons 65 years of age or older and their
spouses.
Texas Constitution Article VIII, sec 1-b(h) states “That on receipt of a petition signed by
five percent (5%) of the registered voters of the county, the city or town, or junior college
district, the governing body of the county, the city or town, or the junior college district
shall call an election to determine by majority vote whether to establish the tax
limitation.”
The required number of signatures reported to the committee from the Brazos County
registered voter records was 1,312. The petition submitted to the City contained 1,653
valid signatures.
The next step in the election process is for the Council to consider the petition and direct
staff to prepare ordinance with proper ballot title. And, on such date that the City
Council considers the ordinance a public hearing shall be held.
Recommendation: Staff proposed to submit agenda item for public hearing and calling
of special election on the February 14, 2008 City Council agenda. This type of election
must be held on a uniform election date. The next uniform election date is May 10, 2008.
Budget & Financial Summary: N/A
Attachments:
Cover letter of tax freeze petition from committee of petitioners.
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281
January 24, 2008
Regular Agenda Item 13
Certification of Petition to City Council on Initiative of a Charter Amendment related to Charter
Article X Section 85
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion on the charter amendment petition
certified by the City Secretary.
Summary: On January 13, 2008 the City Secretary completed the verification process of an initiative
petition “for the City Council to call an election to amend the City Charter to replace City Charter
Article X, Section 85, Form of Petitions: Committee of Petitioners with additional wording to
authorize registered College Station voters to circulate and witness individual petition papers. The
ordinance will include the authorization for mail petitions without a notary requirement.”
The required number of signatures provided to the Committee from the City Secretary was 1,019. The
petition submitted to the City contained 1,243 valid signatures.
Points of interest for City Council.
City of College Station City Charter Section 131 reads: “This Charter may be amended in accordance
with the provisions of the statutes of the State of Texas.”
Texas Constitution Article XI, Section 5 provides in part: “Cities having more than five thousand
(5000) inhabitants may, by a majority vote of the qualified voters of said city, at an election held for
that purpose, adopt or amend their charters, subject to such limitations as may be prescribed by the
Legislature… and provided further that no city charter shall be altered, amended or repealed oftener
than every two years.”
In summary, following certification of the Charter petition, the City Secretary reviewed Attorney
General’s Opinions that the City is not allowed to hold a special Charter amendment election less than
two years from the date of prior Charter amendment election.
The last City Charter election was held on May 13, 2006 and the upcoming City general election will
be held May 10, 2008. May 10, 2008 is within the 730 day time frame for a future charter election to
be held.
Any general or special election can only be held on authorized uniform election dates, second Saturday
in May and first Tuesday in November.
Attachments:
Cover letter from committee of petitions on charter amendment referendum.
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