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09/09/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular 1101 Texas Ave, College Station, TX 77840 Internet: https://zoom.us/j/96728393278 *Phone: 888 475 4499 and Meeting ID: 967 2839 3278 September 9, 2021 4:00 PM City Hall Council Chambers College Station, TX Page 1 This meeting will offer both in­person and remote participation following both the City’s  Guidelines for in­person, virtual attendance, and the speaker protocol in the agenda. The city  uses a third­party vendor to help host the meeting and if the call­in number is not functioning  access will be through the internet link only. 1.Call to Order.  2.Executive Session is Closed to the Public and Will Be Held in the Administrative  Conference Room. The Open Meeting Will Resume No Earlier Than 5:00 PM.  Consultation with Attorney {Gov’t Code Section 551.071};  Possible action. The City Council may seek advice from its attorney regarding a pending or  contemplated litigation subject or settlement offer or attorney­client privileged information. Litigation  is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which  needs to be discussed with the City Council. Upon occasion the City Council may need information  from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or  attorney­client privileged information. After executive session discussion, any final action or vote  taken will be in public. The following subject(s) may be discussed.  Litigation  a. Kathryn A. Stever­Harper as Executrix for the Estate of John Wesley Harper v. City of College  Station and Judy Meeks; No. 15,977­PC in the County Court No. 1, Brazos County, Texas  b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17­ 000914­CV­361; In the 361st District Court, Brazos County, Texas c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of  Susan M. Wood, Deceased; Cause No. 17­002742­CV­361; In the 361st District Court, Brazos  County, Texas Personnel {Gov’t Code Section 551.074};  Possible action. The City Council may deliberate the appointment, employment, evaluation,  reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion,  any final action or vote taken will be in public. The following public officer(s) may be discussed:   a.  Council Self Evaluation  b.  City Manager    3.Reconvene from Executive Session and Take Action, if Any.        4.Pledge of Allegiance, Invocation, and Consider Absence Request.     Page 1 of 300  City Council Regular Page 2 September 9, 2021 Speaker Protocol  An individual who wishes to address the City Council regarding any item on the agenda other than  those items posted for Executive Session shall register with the City Secretary two (2) hours prior to  the meeting being called to order. Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979­764­ 3500. Upon being called to speak an individual must state their name and city of residence, including  the state of residence if the city is located out of state. Speakers are encouraged to identify their  College Station neighborhood or geographic location. Each speaker’s remarks are limited to three (3)  minutes. Any speaker addressing the Council through the use of a translator may speak for six (6)  minutes. At the (3) minute mark the City Secretary will announce that the speaker must conclude  their remarks.  5.Presentation ­ Proclamations, Awards, and Recognitions.  5.1.Presentation proclaiming September 17th through 23rd as Constitution Week.  Sponsors:Tanya Smith  Attachments:1.210909 ­­ Constitution Week    6.Hear Visitors.  During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational  concern shall be directed to the City Manager.     7.Workshop Items.     7.1.Presentation, discussion, and possible action on the economic impact of using vegetation to  reduce the heat island effect.  Sponsors:Michael Ostrowski  Attachments:None 7.2.Presentation, discussion, and possible action regarding bird blinds in Lick Creek Park.  Sponsors:Steve Wright  Attachments:None    8.Consent Items.     Presentation, discussion, and possible action on consent items which consist of ministerial or  "housekeeping" items as allowed by law. A Councilmember may request additional information at  this time. Any Councilmember may remove an item from Consent for discussion or a separate vote.  8.1.Presentation, discussion, and possible action of minutes for: • August 26, 2021 Council Meeting  Sponsors:Tanya Smith  Attachments:1.CCM082621 DRAFT Minutes Page 2 of 300  City Council Regular Page 3 September 9, 2021 8.2.Presentation, discussion, and possible action on a resolution to approve a negotiated  settlement agreement between the Atmos Cities Steering Committee ("ACSC") and Atmos  Energy Corp., Mid­Tex Division, regarding the company's 2021 rate review mechanism filings  with attached rate tariffs and proof of revenues.  Sponsors:Brian Piscacek  Attachments:1.2021 Atmos Mid­Tex RRM Settlement Resolution­wAttachments 2.2021 Atmos Mid­Tex RRM Staff Report 8.3.Presentation, discussion, and possible action regarding the first renewal of a sponsorship  agreement with Land of Lights, Inc., DBA Santa’s Wonderland, in the amount of $150,000.  Sponsors:Kindra Fry  Attachments:1.21300017R1 LOL Renwal Ltr 8.4.Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year  2022 for items exempt from competitive bidding as described more fully in Texas Local  Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees  mandated by state law that are greater than $100,000; and to authorize the City Manager to  approve contracts and expenditures that are on the exemption list.  Sponsors:Mary Ellen Leonard  Attachments:1.2022 Exemptions List Over $100K 8.5.Presentation, discussion, and possible action on a resolution approving the City’s investment  policy, reviewing and recording changes to such policy and strategy, approving a collateral  policy, and designating investment officers for fiscal year ending September 30, 2022, stating  that the City Council has reviewed and approved the City's Investment Policy, Broker­Dealer  List and Investment Strategy.  Sponsors:Michael Dehaven   Attachments:1.FY 2021­2022 Investment Policy and Strategy 2.OPEB Funding Policy 3.Resolution adopting Investmt Policy Strateg FY 22 8.6.Presentation, discussion, and possible action regarding Change Order No. 4 in the amount of  $50,789 to the construction contract with CSA Construction, Inc. for the Lick Creek Wastewater  Treatment Plant Expansion project.  Sponsors:Emily Fisher  Attachments:1.Change Order 4­ revised 8.7.Presentation, discussion, and possible action to approve the third renewal of an annual contract  for Professional Auditing Services with BKD, LLP for an amount not to exceed $117,665.  Sponsors:Michael Dehaven  Attachments:1.Contract 18300669R3 Page 3 of 300  City Council Regular Page 4 September 9, 2021 8.8.Presentation, discussion, and possible action regarding a five year Interlocal Agreement with  Texas A&M University to equally share the costs of traffic control device deployment per the  Texas A&M Post Football Game Traffic Control Plan with anticipated annual reimbursements of  $57,000 from Texas A&M.  Sponsors:Troy Rother  Attachments:1.CS TAMU TRAFFIC CONTROL ILA 8­3­21 2.Exhibit A ­ 2021 TAMU Gameday TCP    9.Regular Items.     9.1.Public Hearing, presentation, discussion, and possible action on Budget Amendment 4  amending Ordinance No. 2020­4206 which will amend the budget for the 2020­2021 Fiscal  Year in the amount of $570,000.  Sponsors:Mary Ellen Leonard  Attachments:1.FY21 BA#4 2.FY21 Budget Amendment _4 Ordinance 9.2.Public Hearing, presentation, discussion, and possible action regarding approving an ordinance  vacating and abandoning a 0.260 acre, 40­foot wide Stasny Lane right­of­way, said right­of­way  lying approximately a quarter mile south of the intersection of Raintree Drive and Earl Rudder  Freeway S Frontage Road East according to the conveyance deed recorded in Volume 103,  Page 576, of the Official Records of Brazos County, Texas.   Sponsors:Anthony Armstrong   Attachments:1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application 9.3.Public Hearing, presentation, discussion, and possible action regarding approving an ordinance  vacating and abandoning a 0.158 acre portion of a 15­foot wide public utility easement, a 0.175  acre portion of a 15­foot wide public utility easement, and a 0.110 acre portion of a 20­foot wide  electrical easement, said easements lying within the Science Park Subdivision located at 2501  Earl Rudder Fwy. South according to the plat recorded in Volume 14497, Page 239 and  Volume 15012, Page 248 of the Official Records of Brazos County, Texas.   Sponsors:Anthony Armstrong   Attachments:1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 4 of 300  City Council Regular Page 5 September 9, 2021 9.4.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to  Urban for approximately 10 acres, generally located at 1660 Graham Road.  Sponsors:Alyssa Halle­Schramm   Attachments:1.Background Information 2.Vicinity, Aerial, and Small Area Maps 3.Applicant's Supporting Information 4.Comprehensive Plan Exhibit 5.Comprehensive Plan Amendment Map 6.Ordinance 9.5.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the  zoning district boundary from R Rural to PDD Planned Development District on approximately  10 acres of land generally located at 1660 Graham Road.  Sponsors:Alyssa Halle­Schramm   Attachments:1.Ordinance 2.Vicinity, Aerial, and Small Area Maps 3.Background Information 4.Rezoning Map 5.Rezoning Exhibit 6.Applicant's Supporting Information 7.Concept Plan (Revised) 8.Concept Plan 9.Bulk Variances Letter 9.6.Presentation, discussion, and possible action on approval of a resolution creating a tourism  advisory committee.  Sponsors:Natalie Ruiz  Attachments:1.Tourism Advisory Board_Resolution 9.7.Presentation, discussion, and possible action regarding an appointment to the Brazos Valley  Solid Waste Management Agency, Inc Board of Directors.  Sponsors:Tanya Smith  Attachments:1.Ltr Cities BVSWMA BoD 2021 9.8.Presentation, discussion, and possible action regarding an ordinance consenting to and  extending the Mayor's renewal of a disaster declaration due to public health emergency.  Sponsors:Bryan Woods  Attachments:1.Disaster Declaration Renewal Ordinance 9­9­21    10.Council Calendar ­ Council May Discuss Upcoming Events.     Page 5 of 300 City Council Regular Page 6 September 9, 2021 11.Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community  interest for which notice has not been given, including: expressions of thanks, congratulations or  condolence; information regarding holiday schedules; honorary or salutary recognitions of a public  official, public employee, or other citizen; reminders of upcoming events organized or sponsored by  the City of College Station; information about a social, ceremonial or community event organized or  sponsored by an entity other than the City of College Station that is scheduled to be attended by a  Council Member, another city official or staff of the City of College Station; and announcements  involving an imminent threat to the public health and safety of people in the City of College Station  that has arisen after the posting of the agenda.  12.Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions  or meetings of boards and committees on which a Council Member serves as a representative that  have met since the last council meeting. (Committees listed in Coversheet) 13.Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been  given on a future agenda or may inquire about the status of an item on the standing list of council  generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry  will be limited to a statement of specific factual information related to the request or inquiry or the  recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about  the  subject  of  a  request  will  be  limited  to  a  proposal  to  place  the  subject  on  the  agenda  for  a  subsequent meeting.  14.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,  1101 Texas Avenue, College Station, Texas, on September 3, 2021 at 5:00 p.m. This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations.  City Secretary Page 6 of 300  City Council Regular Page 7 September 9, 2021 Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 7 of 300 September 9, 2021 Item No. 5.1. Proclamation for Constitution Week Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation proclaiming September 17th through 23rd as Constitution Week. Relationship to Strategic Goals: Good Governance Recommendation(s): Council should receive this presentation. Summary: Constitution Week is the commemoration of America's most important document. It is celebrated annually during the week of September 17-23. The United States Constitution stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedoms and inalienable rights. This celebration of the Constitution was started by the Daughters of the American Revolution. In 1955, DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week. The resolution was later adopted by the U.S. Congress and signed into public law on August 2, 1956, by President Dwight D. Eisenhower. Budget & Financial Summary: None. Attachments: 1.210909 -- Constitution Week Page 8 of 300 Proclamation Whereas: September 17, 2021, marks the two hundred and thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and Whereas: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE I, Karl Mooney, by virtue of the authority vested in me as Mayor of College Station, Texas do hereby proclaim the week of September 17 through 23 as “CONSTITUTION WEEK” and ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of College Station, Texas to be affixed this 9th day of September of the year of our Lord two thousand twenty-one. Karl Mooney Mayor Attest: Tanya Smith City Secretary Page 9 of 300 September 9, 2021 Item No. 7.1. Economic Impact of Using Vegetation to Reduce the Heat Island Effect Sponsor:Michael Ostrowski, Director of Planning and Developement Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action on the economic impact of using vegetation to reduce the heat island effect. Relationship to Strategic Goals: Sustainable City Recommendation(s): Receive presentation and provide direction to staff. Summary: On April 8, 2021, the City Council requested staff to provide a workshop presentation on the economic impact of using vegetation to reduce the heat island effect. At this City Council meeting, staff will present on what heat islands are, why they are important to understand, what can be done to reduce their effects, some initiatives that other communities are doing, and the advantages of using vegetation, such as tree canopies, to help mitigate the impact of them. Budget & Financial Summary: N/A Attachments: None Page 10 of 300 September 9, 2021 Item No. 7.2. Bird Blinds in Lick Creek Park Sponsor:Steve Wright Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding bird blinds in Lick Creek Park. Relationship to Strategic Goals: Core Services & Infrastructure Recommendation(s): Staff recommend that Council receive the presentation and provide direction as desired. Summary: This item was requested as a future agenda item by Council. Staff is bringing this item forward to allow the City Council the opportunity to discuss potential installation of bird blinds in Lick Creek Park. Budget & Financial Summary: N/A Attachments: None Page 11 of 300 September 9, 2021 Item No. 8.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • August 26, 2021 Council Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Attachments: 1.CCM082621 DRAFT Minutes Page 12 of 300 CCM082621 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 26, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 1.Call to Order and Announce a Quorum is Present. With a quorum present, the Meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 4:02 p.m. on Thursday, August 26, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, §551.074-Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 4:03 p.m. on August 26, 2021, to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and Page 13 of 300 CCM082621 Minutes Page 2 City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas; and Kenneth Foley v. City of College Station. B. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property located generally at the intersection of State Highway 6 and Harvey Road in College Station. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply Executive Session recessed at 6:01 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Pledge of Allegiance, Invocation, consider absence request. 5.Presentation - Proclamations, Awards, and Recognitions. 5.1. Gerald Burgner, Historic Preservation Committee Chairperson, provided a brief overview of the Historic Marker program. Mayor Mooney presented Historical Marker 108 to the Dresser family for their residence at 501 Fairview Avenue. Also present in person and by zoom were members of the Historical Preservation Committee. 6.Hear Visitors Comments No one signed up to speak. 7.Workshop Items 7.1. Presentation, discussion, and possible action regarding supporting communication between developers and neighborhoods. Michael Ostrowski, Planning and Development Director, stated that at the April 8, 2021, City Council meeting the Council requested a future workshop item on ways to support communication between the development community and neighborhoods. Staff presented the City’s current notification processes for certain developments, as well as recommendations on how to improve the notification processes, and further communication efforts between developers and the neighborhoods. Page 14 of 300 CCM082621 Minutes Page 3 Current Notification Process Published notice in newspaper Mailed notice to property owners within 200 feet Sign erected at the property Notice sent to nearby registered homeowners or neighborhood associations Neighborhood News email sent to subscribers (700+) Encourage neighborhood meetings Staff Recommendations Require a mailed notice for Comprehensive Plan Future Land Use Map amendments Require neighborhood presentations for Comprehensive Plan Future Land Use Map amendments – continue to encourage for other requests Incorporate online engagement tools Notify via email registered homeowners' associations within 200 feet Improve signage at the property Direct engagement strategies for projects A majority of the City Council directed staff to move forward with the recommendations that were presented, as well as looking at options for including QR codes on the signage and other materials, as well as finding ways to increase the awareness of email notifications to interested persons. It was decided to move forward with these recommendations to see what impact they would on citizen participation and awareness. If such recommendations do not increase citizen participation and/or awareness, the City Council would like staff to analyze changing the required distance for notifications to great than 200 feet. 7.2. Presentation, discussion, and possible action regarding additional information for the implementation of a remote pay parking system for on-street parking and in City-owned parking lots and facilities. Debbie Eller, Community Services Director, stated that at the July 22nd City Council meeting, staff presented a proposed remote pay parking system implementation to address on-street parking in residential neighborhoods during certain events, such as football games. This presentation provided additional information collected during public engagement and provide the program details for implementation. Proposed Program Delay implementation for neighborhoods outside of Northgate Study gameday parking and traffic through 2021, continued public engagement, and further develop the proposed program Implement ParkMobile system in Northgate District Timeline: 30 – 60 Days Contract with ParkMobile – not to exceed $75,000 for 3 years At approximately 742 p.m., Mayor Mooney opened for Citizen Comments. George Dresser, College Station, stated he agrees that gameday parking will bring in revenue for the City of College Station and he agree that the technology is available to implement Gameday parking with a high degree of automation, but he does not think this is something the residents of College Page 15 of 300 CCM082621 Minutes Page 4 Station want. The proponent of the parking fee has a plan to exempt residents. The program will be a hassle for the residents and a hassle for Community Services. There will be many unintentional mistakes before we all learn how the program works. Just one example, he changed cars or change the vehicle's tag and forget to notify Community Services, a $50 mistake. New student residents will have to learn every semester. Community Services has its plate full and pay parking will not foster any goodwill. We do not want this, nor can he imagine does Community Services want this. The only benefit he sees to Gameday parking is increased revenue for the city. Are we so desperate that we need to implement a program that will irritate visitors and residents and place additional burdens on our Community Services staff? We do not need to do this. There being no comments, the Citizen Comments was closed at 7:43 p.m. Majority of the Council directed staff to move forward with remote pay parking system in Northgate. 7.3. Presentation, discussion, and possible action regarding possible amendments to the City's Parkland Dedication Ordinance. Steve Wright, Parks and Recreation Director, stated that staff presented a workshop item on March 25, 2021, on three potential amendments to the Park Land Dedication Ordinance. These amendments included: Reducing the parkland dedication zones, Eliminating the parkland dedication distinctions between neighborhood parks and community parks, and Having a standard review of the fees. Council provided direction at that time, and later requested that Staff also look at additional items, which included: Updating the cost information relating to the average per acre price for land, Ensuring that the park development fee recognizes passive parks, Granting developers up to a 50% credit if they provide private park land and/or amenities on the site, and Granting developers up to a 100% credit if they provide private park land and/or amenities on the site in the City's extraterritorial jurisdiction (ETJ). Michael Ostrowski, Planning and Development Director, presented three sets of fees: Standard Review of Fees, Average Cost Per Acre, and Recognize Passive Parks in Fee. Mr. Ostrowski also presented credit for private facilities within the city and the ETJ with the proposed amendments of the Parkland Dedication Ordinance. Credit for Private Facilities: Up to 50% if developer provides private park land and/or amenities of the site. Parks would be private and can only be used by residents within the subdivision Additional demand by the subdivision is partially offset by the private park Residents will still use other parks within the zone/city Concern as it relates to future improvements of parks (private and public) Savings as it relates to maintenance Likely still going to be constructed Page 16 of 300 CCM082621 Minutes Page 5 Credit for Private Facilities in ETJ: Up to 100% if developer provides private park land and/or amenities of the site. Already have a reduction in fee ($625 vs. $1,261) o ETJ only has Community Park requirements o Challenge with acquiring land after development Staff reviewed these items and provided a presentation and recommendation on them to seek direction from the City Council. Majority of the Council directed staff to move forward as presented. At 8:40 p.m., the Mayor recessed the Council Meeting. The Council Meeting reconvened at 8:52 p.m. 8.CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Consent Items 8.5 and 8.6 were pulled for discussion. (8.5): Troy Rother, Senior Engineer, stated that this item will modify the traffic control device inventory by updating Chapter 38, “Traffic and Vehicles,” Schedule III and IV by adding STOP signs and YIELD signs at various intersection approaches throughout the city. The list of those locations can be found in the attachments. (8.6): Emily Fisher, Assistant Director Capital Projects, stated that this ordinance amendment will modify the traffic control device inventory by updating Chapter 38, “Traffic and Vehicles,” Schedule III and IV by adding STOP signs at various intersection approaches impacted by the Southside Safety Improvements Project. 8.1. Presentation, possible action, and discussion of minutes for: August 12, 2021 Council Meeting Page 17 of 300 CCM082621 Minutes Page 6 8.2. Presentation, discussion, and possible action regarding the first renewal of two (2) for professional services contracts with McCord Engineering, Inc. in an amount not to exceed $600,000 for electrical engineering services. 8.3. Presentation, discussion, and possible action regarding approval of a Contract Renewal for the City’s Annual Price Agreement with Techline Inc., for electric warehouse inventory of Air Switches with a ten percent unit price increase in the amount of $18,900, for a total not to exceed contract amount of $207,900. 8.4. Presentation, discussion, and possible action regarding the approval of a contract with E Contractors USA, LLC for building repairs to the City of College Station Municipal Court Building in the amount of $138,923.34. 8.5. Presentation, discussion, and possible action regarding Ordinances 2021-4289 and 2021- 4290 amending Chapter 38, “Traffic and Vehicles”, “Traffic Schedule III, Stop Signs” and “Traffic Schedule IV, Yield Signs” by adding various new stop signs and yield signs. 8.6. Presentation, discussion, and possible action regarding Ordinance No. 2021-4291 amending Chapter 38, “Traffic and Vehicles”, Article VI, “Traffic Schedule II, Four-way stop intersections” and “Traffic Schedule III, Stop Signs” by adding various new stop signs. 8.7. Presentation, discussion, and possible action ratifying the First Amendment to the Property Purchase Agreement between the City of College Station and Costco Wholesale Corporation for an approximately 18.670-acre tract of land located generally near the intersection of Earl Rudder Freeway and Corporate Drive in the Midtown Business Park. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4292 vacating and abandoning a 994 square foot portion of a 10-foot wide Public Utility Easement, a 2,512 square foot portion of a 15-foot wide Public Utility Easement, and a 2,512 square foot portion of a 15-foot wide Right of Way within Lots 1-6, Block ‘C’ of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos County, Texas. Alma Guerra, Planning and Development, stated that the Right of Way and Easement abandonments are proposed by the applicant to address site constraints recognized during redevelopment of the property. The 994 square foot portion of a 10-foot wide Public Utility Easement of the Right of Way and Easements subject to abandonment are no longer necessary, as there is no need for public access within the right of way and no public infrastructure within either easement. At approximately 9:02 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:02 p.m. Page 18 of 300 CCM082621 Minutes Page 7 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2020-4292, vacating and abandoning a 994 square foot portion of a 10-foot wide Public Utility Easement, a 2,512 square foot portion of a 15-foot wide Public Utility Easement, and a 2,512 square foot portion of a 15-foot wide Right of Way within Lots 1-6, Block ‘C’ of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos County, Texas. The motion unanimously carried. 9.2. Public Hearing, presentation, discussion and possible action regarding Ordinance No. 2021-4293 amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately one acre located in the Benjamin Graham Subdivision, Block B, Lots 1-6, generally located at 14889- 14895 FM 2154. Jesse Dimeolo, Planning and Development, stated that this request is to rezone approximately 1 acre of land located on FM 2154 (Wellborn Road), between Madison Street and Victoria Avenue, from R Rural to WC Wellborn Commercial. The tract was originally zoned R Rural upon annexation into the City in 2011. This zoning request is in effort to bring the existing businesses into compliance for future development. The applicant has stated that the current R Rural zoning is not the highest and best use for the property. The market price of the land exceeds the allowed use of the property and therefore is not marketable without a rezoning. The Planning and Zoning Commission heard this item at their August 19, 2021, regular meeting where they voted unanimously to recommend approval. Staff also recommends approval of the rezoning. At approximately 9:09 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:09 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2020- 4293, amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately one acre located in the Benjamin Graham Subdivision, Block B, Lots 1-6, generally located at 14889- 14895 FM 2154. The motion unanimously carried. 9.3. Presentation, discussion, and possible action regarding a notification of a change order in the amount of $789,970.76 with the Texas Department of Transportation (TXDOT) for the utility relocations for the FM 2818 widening project and authorizing the City Manager to execute the acknowledgement notification. Emily Fisher, Assistant Director Capital Projects, stated that the City of College Station executed an advance funding agreement (AFA) with TXDOT for the widening of FM 2818 within the general limits of FM 2154 (Wellborn Rd) to FM 60 (University Dr/Raymond Stotzer Pkwy) which included relocation of portions of the city’s water infrastructure due to conflicts with the road widening project. Page 19 of 300 CCM082621 Minutes Page 8 This amendment is to cover the cost of a change order for TXDOT to execute with the construction contractor for installation by bore of new 18 inch and 36-inch diameter water transmission lines crossing FM 2818 and the abandoning and grout filling of the existing lines and casing. The costs in the AFA are fixed; however, the city is responsible for any overrun costs because of a change order initiated by the city. In this case the lines could not be constructed as originally proposed by the city. Therefore, the city is responsible for the costs of the new construction method. TXDOT is required to notify the city of these costs, although payment will not be due until the end of the project when an audit of the project is completed. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve a change order in the amount of $789,970.76 with the Texas Department of Transportation (TXDOT) for the utility relocations for the FM 2818 widening project and authorizing the City Manager to execute the acknowledgement notification. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding Resolution No. 08-26-21-9.4 of the City Council of the City of College Station, Texas, determining that a fee simple containing approximately 102.4 acres of land, is needed to be acquired from Gerry L. Saum, for the construction, operation, and maintenance of a public park as part of the Westside Community Park Project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Emily Fisher, Assistant Director Capital Projects, stated that on September 11, 2017, the city entered into an agreement to purchase from Gerry Saum, approximately 102.4 acres of land for the construction, operation, and maintenance of a public park as part of the Westside Community Park Project. Subsequently, a dispute arose between the parties regarding the agreement. The dispute has not been resolved. This resolution authorizes the institution of eminent domain proceedings to acquire the needed land. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to adopt Resolution No. 08-26-21-9.4, authorizing the use of eminent domain to acquire approximately 102.4 acres of property belonging to Gerry L. Saum as described in the resolution for public park use. The motion carried. Recorded Vote: Mayor Mooney - aye Councilmember Brick - aye Councilmember Crompton - aye Councilmember Harvell - aye Councilmember Cunha - nay Councilmember Nichols - aye Councilmember Maloney - aye 10. Council Calendar Council reviewed the calendar. Page 20 of 300 CCM082621 Minutes Page 9 11. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Bryan Woods, City Manager, thanked the first responders and all the work they in the community. 12. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Nichols reported on the Health Board and BVSWMA. 13.Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Maloney requested a future item providing an update on the proposed military heritage museum at Veteran’s Park. 14.Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 9:28 p.m. on Thursday, August 26, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 21 of 300 September 9, 2021 Item No. 8.2. 2021 ACSC Resolution Sponsor:Brian Piscacek, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution to approve a negotiated settlement agreement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the company's 2021 rate review mechanism filings with attached rate tariffs and proof of revenues. Relationship to Strategic Goals: Good Governance Core Services & Infrastructure Recommendation(s): Staff recommends approval of the resolution. Summary: The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2021, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2020, entitled it to additional system-wide revenues of $43.4 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $40.5 million, $29.3 million of which would be applicable to ACSC members. ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $22.34 million instead of the claimed $40.5 million, with $16.8 million applicable to ACSC members. Following further negotiations, ACSC's Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $22.78 million from ACSC Cities, but with a two-month delay in the Effective Date until December 1, 2021. This should save ACSC cities approximately $3.8 million. ACSC members should take action approving the Resolution before October 1, 2021. Budget & Financial Summary: A bill impact comparison is attached as part of the Staff Report. The impact of the settlement on average residential rates is an increase of $1.28 on a monthly basis, or 2.2 percent. The increase for average commercial usage will be $4.03, or 1.61 percent. Page 22 of 300 Attachments: 1.2021 Atmos Mid-Tex RRM Settlement Resolution-wAttachments 2.2021 Atmos Mid-Tex RRM Staff Report Page 23 of 300 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2021 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC’S 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 “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Page 24 of 300 RESOLUTION NO. _______________ 2557/33/8275501 2 Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about April 1, 2021, Atmos Mid-Tex filed its 2021 RRM rate request with ACSC Cities based on a test year ending December 31, 2020; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2021 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $22.78 million applicable to ACSC Cities with an Effective Date of December 1, 2021; and WHEREAS, ACSC agrees that Atmos’ plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the two month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately $3.8 million off new rates imposed by the attached tariffs (Exhibit A); and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and Page 25 of 300 RESOLUTION NO. _______________ 2557/33/8275501 3 WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid-Tex (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $22.78 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2021 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $22.78 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Page 26 of 300 RESOLUTION NO. _______________ 2557/33/8275501 4 Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2021 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 9. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2021. Section 12. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas Brocato, Page 27 of 300 RESOLUTION NO. _______________ 2557/33/8275501 5 General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE DAY OF , 2021. Mayor ATTEST: City Secretary APPROVED AS TO FORM: ______________________________ City Attorney Page 28 of 300 Mid-Tex Tariffs Effective December 1, 2021 Exhibit A to 2021 RRM Resolution or Ordinance Page 29 of 300 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R – RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 20.85 per month Rider CEE Surcharge $ 0.05 per month1 Total Customer Charge $ 20.90 per month Commodity Charge – All Ccf $0.27979 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021. Page 30 of 300 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C – COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Page Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 56.50 per month Rider CEE Surcharge $ 0.01 per month1 Total Customer Charge $ 56.51 per month Commodity Charge – All Ccf $ 0.12263 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance w ith Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2021. Page 31 of 300 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,054.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.4330 per MMBtu Next 3,500 MMBtu $ 0.3171 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0680 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Page 32 of 300 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Page 33 of 300 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,054.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.4330 per MMBtu Next 3,500 MMBtu $ 0.3171 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0680 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees c alculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will no t be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Page 34 of 300 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the m eter. Page 35 of 300 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue mon ths of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls . Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi = WNAFi x qij Where qij is the relevant sales quantity for the jth customer in ith rate schedule. Page 36 of 300 MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2021 PAGE: Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 11.88 0.1459 85.39 0.6996 Austin 10.34 0.1452 194.82 0.9398 Dallas 15.21 0.1915 148.19 1.0986 Waco 10.63 0.1373 130.39 0.7436 Wichita Falls 12.63 0.1398 109.17 0.5803 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Page 37 of 300 Exhibit B to 2021 RRM Resolution or Ordinance Mid-Tex 2021 Benchmark for Pensions and Retiree Benefits Page 38 of 300 Line No. DescriptionPension Account PlanPost-Employment Benefit PlanPension Account PlanSupplemental Executive Benefit PlanPost-Employment Benefit PlanAdjustment Total(a) (b) (c) (d) (e) (f) (g)1Proposed Benefits Benchmark - Fiscal Year 2021 Willis Towers Watson Report as adjusted (1) (2) (3)2,917,949$ 4,908,358$ 5,447,063$ 293,818$ 6,600,073$ 2 Allocation to Mid-Tex 43.68% 43.68% 76.11% 100.00% 76.11%3Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)1,274,655$ 2,144,130$ 4,145,546$ 293,818$ 5,023,057$ 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00%5Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) (3)1,274,655$ 2,144,130$ 4,145,546$ 293,818$ 5,023,057$ 12,881,205$ 678Summary of Costs to Approve (1):910 O&M Expense Factor (WP_F-2.3, Ln 2) 75.07% 75.07% 38.66% 11.00% 38.66%111213Total Pension Account Plan956,873$ 1,602,484$ 2,559,357$ 14Total Post-Employment Benefit Plan1,609,582$ 1,941,691$ 3,551,272 15Total Supplemental Executive Benefit Plan32,322$ 32,322 16Total (Ln 13 + Ln 14 + Ln 15)956,873$ 1,609,582$ 1,602,484$ 32,322$ 1,941,691$ 6,142,952$ 1718Notes:19 1. Studies not applicable to Mid-Tex or Shared Services are omitted.202. Mid-Tex is proposing that the Fiscal Year 2021 Willis Towers Watson actuarial amounts shown on WP_F-2.3 and WP_F-2.3.1, be approved by the RRM Cities as the21 benchmark amounts to be used to calculate the regulatory asset or liability for future periods. The benchmark amount approved by the RRM Cities for future periods22 includes only the expense amount. The amount attributable to capital is recorded to utility plant through the overhead process as described in the CAM.23 3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes.ATMOS ENERGY CORP., MID-TEX DIVISIONPENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVALTEST YEAR ENDING DECEMBER 31, 2020Shared Services Mid-Tex Direct Page 39 of 300 Exhibit C to 2021 RRM Resolution or Ordinance Mid-Tex 2021 Schedule for Amortization for Regulatory Liability Page 40 of 300 Line No. Year Ended Dec. 31 Beginning Protected Balance Protected Amortization Ending Protected Balance Beginning Unprotected Balance Unprotected Amortization Ending Unprotected Balance Total Protected & Unprotected Amortization Total Protected & Unprotected Balance (a) (b) (c) (d) (e) (f) (g) (h) (i) 1 2017 (3) -$ -$ (51,477,654)$ -$ -$ 343,746,535$ -$ 292,268,881$ 2 2018 (51,477,654) 494,977 (50,982,677) 343,746,535 (3,513,868) 340,232,667 (3,018,891) 289,249,991 3 2019 (50,982,677) 1,979,910 (49,002,767) 340,232,667 (14,057,872) 326,174,795 (12,077,963) 277,172,028 4 2020 (49,002,767) 1,979,910 (47,022,857) 326,174,795 (13,988,908) 312,185,886 (12,008,999) 265,163,029 5 2021 (47,022,857) 3,464,842 (43,558,015) 312,185,886 (26,390,127) 285,795,760 (22,925,284) 242,237,745 6 2022 (43,558,015) 1,979,910 (41,578,105) 285,795,760 (60,167,528) 225,628,231 (58,187,619) 184,050,126 7 2023 (41,578,105) 1,979,910 (39,598,195) 225,628,231 (60,167,528) 165,460,703 (58,187,619) 125,862,508 8 2024 (39,598,195) 1,979,910 (37,618,286) 165,460,703 (60,167,528) 105,293,175 (58,187,619) 67,674,889 9 2025 (37,618,286) 1,979,910 (35,638,376) 105,293,175 (60,167,528) 45,125,646 (58,187,619) 9,487,270 10 2026 (35,638,376) 1,979,910 (33,658,466) 45,125,646 (45,125,646) (0) (43,145,737) (33,658,466) 11 2027 (33,658,466) 1,979,910 (31,678,556) (0) 0 1,979,910 (31,678,556) 12 2028 (31,678,556) 1,979,910 (29,698,647) - - 1,979,910 (29,698,647) 13 2029 (29,698,647) 1,979,910 (27,718,737) - - 1,979,910 (27,718,737) 14 2030 (27,718,737) 1,979,910 (25,738,827) - - 1,979,910 (25,738,827) 15 2031 (25,738,827) 1,979,910 (23,758,917) - - 1,979,910 (23,758,917) 16 2032 (23,758,917) 1,979,910 (21,779,007) - - 1,979,910 (21,779,007) 17 2033 (21,779,007) 1,979,910 (19,799,098) - - 1,979,910 (19,799,098) 18 2034 (19,799,098) 1,979,910 (17,819,188) - - 1,979,910 (17,819,188) 19 2035 (17,819,188) 1,979,910 (15,839,278) - - 1,979,910 (15,839,278) 20 2036 (15,839,278) 1,979,910 (13,859,368) - - 1,979,910 (13,859,368) 21 2037 (13,859,368) 1,979,910 (11,879,459) - - 1,979,910 (11,879,459) 22 2038 (11,879,459) 1,979,910 (9,899,549) - - 1,979,910 (9,899,549) 23 2039 (9,899,549) 1,979,910 (7,919,639) - - 1,979,910 (7,919,639) 24 2040 (7,919,639) 1,979,910 (5,939,729) - - 1,979,910 (5,939,729) 25 2041 (5,939,729) 1,979,910 (3,959,820) - - 1,979,910 (3,959,820) 26 2042 (3,959,820) 1,979,910 (1,979,910) - - 1,979,910 (1,979,910) 27 2043 (1,979,910) 1,979,910 0 - - 1,979,910 0 28 29 Revenue Related Tax Factor See WP_F-5.1 6.79% 30 Revenue Related Taxes on Annual Amortization Amortization * Tax Factor 3,949,355$ 31 Amortization Including Revenue Related Taxes Amortization + Taxes 62,136,973$ 32 33 Notes: 34 1. The annual amortization of the protected balance is a 26 year recovery period based on the Reverse South Georgia Method. The annual amortization of the unprotected balance is 5 years. 35 2. The Regulatory Liability is recorded to FERC Accounts 253 and 242, Sub Account 27909. 36 3. This is the final Mid-Tex liability balance filing the Fiscal Year 2018 tax return. ATMOS ENERGY CORP., MID-TEX DIVISION RATE BASE ADJUSTMENTS TEST YEAR ENDING DECEMBER 31, 2020 AMORTIZATION OF REGULATORY LIABILITY Page 41 of 300 2557/33/8275500 1 July 21, 2021 STAFF REPORT FOR RESOLUTION BACKGROUND AND SUMMARY The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid- Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about April 1, 2021, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2020, entitled it to additional system-wide revenues of $43.4 million. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s request to $40.5 million, $29.3 million of which would be applicable to ACSC members. ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $22.34 million instead of the claimed $40.5 million. The amount of the $22.34 million deficiency applicable to ACSC members would be $16.8 million. After the Company reviewed ACSC’s consultants’ report, ACSC’s Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $22.78 million from ACSC Cities, but with a two-month delay in the Effective Date until December 1, 2021. This should save ACSC cities approximately $3.8 million. Page 42 of 300 2557/33/8275500 2 The Executive Committee recommends a settlement at $22.78 million. The Effective Date for new rates is December 1, 2021. ACSC members should take action approving the Resolution before October 1, 2021. PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Resolution will generate $22.78 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $1.28 on a monthly basis, or 2.2 percent. The increase for average commercial usage will be $4.03 or 1.61 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP Page 43 of 300 2557/33/8275500 3 While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on December 1, 2021, ACSC residents will maintain an economic monthly advantage over GRIP and DARR rates. See Attachment 3. EXPLANATION OF “BE IT RESOLVED” PARAGRAPHS: 1. This section approves all findings in the Resolution. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section makes it clear that Cities may challenge future costs associated with gas leaks like the explosion in North Dallas or the evacuation in Georgetown. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an additional $22.78 million from ACSC Cities. 5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6. This section approves an exhibit to be used in future rate cases or RRM filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 7. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution approving new rate tariffs. 8. This section repeals any resolution or ordinance that is inconsistent with the Resolution. 9. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Page 44 of 300 2557/33/8275500 4 10. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 11. This section provides for an effective date upon passage. December 1, 2021 represents a two month delay in the Effective Date established by the RRM tariff. 12. This section directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $43.4 million in additional system-wide revenues, the RRM settlement at $22.78 million for ACSC Cities reflects substantial savings to ACSC Cities. Settlement at $22.78 million (plus $3.8 of additional savings due to the two-month delay) is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution before October 1, 2021. New rates become effective December 1, 2021. Page 45 of 300 Attachment 1 to Model Staff Report 2021 RRM Proof of Revenues Page 46 of 300 Line No. Customer Class Current Proposed Bills Ccf/MmBtuCurrent RevenuesProposed RevenuesIncrease(a) (b) (c) (d) (e) (f) (g) (h)1Residential2 Customer Charge 20.25$ 20.85$ 13,861,632 280,698,048$ 289,015,027$ 8,316,979$ 3 Consumption Charge 0.26651 0.27979 627,298,034 167,181,199 175,511,717 8,330,518$ 4 Revenue Related Taxes30,398,805 31,528,717 5 Total Class Revenue478,278,052$ 496,055,461$ 17,777,409$ 67Commercial8 Customer Charge 54.50$ 56.50$ 1,094,352 59,642,184$ 61,830,888$ 2,188,704$ 9 Consumption Charge 0.11728 0.12263 363,850,875 42,672,431 44,619,033 1,946,602$ 10 Revenue Related Taxes6,944,376 7,225,051 11 Total Class Revenue109,258,991$ 113,674,972$ 4,415,981$ 1213Industrial & Transportation14 Customer Charge 1,014.50$ 1,054.75$ 7,056 7,158,312$ 7,442,316$ 284,004$ 15 Consumption Charge Tier 1 0.4157$ 0.4330$ 7,479,741 3,109,328 3,238,728 129,400$ 16 Consumption Charge Tier 2 0.3044$ 0.3171$ 8,282,846 2,521,298 2,626,490 105,192$ 17 Consumption Charge Tier 3 0.0653$ 0.0680$ 13,018,926 850,136 885,287 35,151$ 18 Revenue Related Taxes925,722 963,306 19 Total Class Revenue14,564,796$ 15,156,127$ 591,331$ 2021Total Excluding Other Revenue602,101,840$ 624,886,561$ 22,784,721$ 21,336,550$222324Revenue Related Tax Factor6.7873%ATMOS ENERGY CORP., MID-TEX DIVISIONRRM CITIES RATE REVIEW MECHANISMPROOF OF REVENUES - RRM CITIESTEST YEAR ENDING DECEMBER 31, 2020Page 47 of 300 Attachment 2 to 2021 RRM Staff Report Bill Impact Page 48 of 300 Line No.1Rate R @ 45.2 CcfCurrent Proposed Change2 Customer charge20.25$ 3 Consumption charge 45.2 CCF X 0.26651$ = 12.05 4 Rider GCR Part A 45.2 CCF X 0.16000$ = 7.23 5 Rider GCR Part B 45.2 CCF X 0.33320$ = 15.06 6 Subtotal54.59$ 7 Rider FF & Rider TAX 54.59$ X 0.06787 = 3.71 8 Total58.30$ 910 Customer charge20.85$ 11 Consumption charge 45.2 CCF X 0.27979$ = 12.65 12 Rider GCR Part A 45.2 CCF X 0.16000$ = 7.23 13 Rider GCR Part B 45.2 CCF X 0.33320$ = 15.06 14 Subtotal55.79$ 15 Rider FF & Rider TAX 55.79$ X 0.06787 = 3.79 16 Total59.58$ 1.28$ 172.20%1819Rate C @ 332.5 CcfCurrent Proposed Change20 Customer charge54.50$ 21 Consumption charge 332.5 CCF X 0.11728$ = 38.99 22 Rider GCR Part A 332.5 CCF X 0.16000$ = 53.20 23 Rider GCR Part B 332.5 CCF X 0.26321$ = 87.51 24 Subtotal234.20$ 25 Rider FF & Rider TAX 234.20$ X 0.06787 = 15.90 26 Total250.10$ 2728 Customer charge56.50$ 29 Consumption charge 332.5 CCF X 0.12263$ = 40.77 30 Rider GCR Part A 332.5 CCF X 0.16000$ = 53.20 31 Rider GCR Part B 332.5 CCF X 0.26321$ = 87.51 32 Subtotal237.98$ 33 Rider FF & Rider TAX 237.98$ X 0.06787 = 16.15 34 Total254.13$ 4.03$ 351.61%ATMOS ENERGY CORP., MID-TEX DIVISIONAVERAGE BILL COMPARISON - BASE RATESTEST YEAR ENDING DECEMBER 31, 2020Page 49 of 300 36Rate I @ 4079 MMBTUCurrent Proposed Change37 Customer charge 1,014.50$ 38 Consumption charge 1,500 MMBTU X 0.4157$ = 623.55 39 Consumption charge 2,579 MMBTU X 0.3044$ = 785.05 40 Consumption charge 0 MMBTU X 0.0653$ = - 41 Rider GCR Part A 4,079 MMBTU X 1.5625$ = 6,373.46 42 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 43 Subtotal10,991.14$ 44 Rider FF & Rider TAX 10,991.14$ X 0.06787 = 746.00 45 Total11,737.14$ 4647 Customer charge1,054.75$ 48 Consumption charge 1,500 MMBTU X 0.4330$ = 649.50 49 Consumption charge 2,579 MMBTU X 0.3171$ = 817.80 50 Consumption charge 0 MMBTU X 0.0680$ = - 51 Rider GCR Part A 4,079 MMBTU X 1.5625$ = 6,373.46 52 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 53 Subtotal11,090.09$ 54 Rider FF & Rider TAX 11,090.09$ X 0.06787 = 752.72 55 Total11,842.81$ 105.67$ 560.90%57Rate T @ 4079 MMBTUCurrent Proposed Change58 Customer charge 1,014.50$ 59 Consumption charge 1,500 MMBTU X 0.4157$ = 623.55 60 Consumption charge 2,579 MMBTU X 0.3044$ = 785.05 61 Consumption charge 0 MMBTU X 0.0653$ = - 62 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 63 Subtotal4,617.68$ 64 Rider FF & Rider TAX 4,617.68$ X 0.06787 = 313.41 65 Total4,931.09$ 6667 Customer charge1,054.75$ 68 Consumption charge 1,500 MMBTU X 0.4330$ = 649.50 69 Consumption charge 2,579 MMBTU X 0.3171$ = 817.80 70 Consumption charge 0 MMBTU X 0.0680$ = - 71 Rider GCR Part B 4,079 MMBTU X 0.5380$ = 2,194.58 72 Subtotal4,716.63$ 73 Rider FF & Rider TAX 4,716.63$ X 0.06787 = 320.13 74 Total5,036.76$ 105.67$ 752.14%Page 50 of 300 Attachment 3 to 2021 RRM Staff Report RRM Monthly Savings Over GRIP and DARR Rates Page 51 of 300 ACSC DARR ATM ENVIRONS Settled Settled Filing Filing Customer Charge $20.85 $23.80 $27.68 $25.90 Monthly Ccf [1] 45.2 52.7 45.2 45.2 Consumption Charge $0.27979 $0.19526 $0.14846 $0.18653 Average Monthly Bill $33.50 $34.09 $34.39 $34.33 ‐$0.60 ‐$0.89 ‐$0.83 [1] Recognizes that average normal usage for Dallas residential customers is greater than Mid‐Tex average. ATMOS ENERGY CORP., MID‐TEX DIVISION RESIDENTIAL AVERAGE BILL COMPARISON (EXCLUDING GAS COSTS) Page 52 of 300 September 9, 2021 Item No. 8.3. Santa's Wonderland Sponsorship Agreement Renewal Sponsor:Kindra Fry Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the first renewal of a sponsorship agreement with Land of Lights, Inc., DBA Santa’s Wonderland, in the amount of $150,000. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommends approval of the Sponsorship Agreement renewal. Summary: This is the first renewal of two possible renewals with Land of Lights, Inc., DBA Santa's Wonderland, to encourage visitors' stays by promoting "Christmas in College Station" and maintaining College Station as a premier destination of the Christmas season. The campaign partnership with Santa's Wonderland will include collaborative advertising to strategic markets, as well as exclusive, on-premise branding of the attraction's newest features. Budget & Financial Summary: This sponsorship agreement is for $150,000 and will be paid for using Hotel Occupancy Tax Funds out of the Tourism budget. This agreement is for one year (the 2021 holiday season), with the option to renew for an additional one-year term. Attachments: 1.21300017R1 LOL Renwal Ltr Page 53 of 300 CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable)DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable)DATE 9/09/2021 Page 54 of 300 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov July 22, 2021 ATTN: Mr. Scott Medlin Land of Lights, Inc. dba Santa’s Wonderland PO Box 10151 College Station , TX 77842 RE: C#21300017 Renewal #1 Sponsorship Agreement Renewal Dear Mr. Medlin, The City of College Station appreciates the services provided by Land of Lights Inc., this last year. We would like to exercise our option to renew the above referenced sponsorship agreement for the term of October 1, 2021, through September 30, 2022, with an agreement amount of One-Hundred Fifty Thousand, and 00/100 Dollars ($150,000.00). This is the first of two possible renewals for this Sponsorship Agreement. If this agreement renewal meets your company’s approval, please provide your confirmation for renewal via return e-mail to rforsyth@cstx.gov., no later than July 30,2021. Attachment Page 55 of 300 Sponsorship Agreement #21300017 RENEWAL #1 ACCEPTANCE By signing herewith, I acknowledge and agree to Agreement#21300017 Renewal #1, for the promotion of “Christmas in College Station” in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed One-Hundred Fifty Thousand, and 00/100 Dollars ($150,000). I understand this renewal term will be for the period beginning October 1, 2021, through September 30, 2022. This is the first of two possible renewals for this Sponsorship Agreement. LAND OF LIGHTS INC. DBA SANTA’S WONDERLAND CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ Page 56 of 300 ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:EVENTS & ATTRACTIONS K&K INSURANCE GROUP, INC. P.O. BOX 2338 FORT WAYNE, IN 46801 PHONE (A/C, No, Ext):800-553-8368 x5589 FAX (A/C, No):312-381-6003 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:NATIONAL CASUALTY COMPANY 11991 INSURED INSURER B: LAND OF LIGHTS, INC. (SEE KR-SP-1) DBA : SANTA'S WONDERLAND P.O. BOX 10151 COLLEGE STATION, TX 77845 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: C129968 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y KKO0000025588500 6/7/2021 12:01 AM 6/7/2022 12:01 AM EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea Occurrence)$300,000 X LIQUOR LIABILITY $1,000,000 EA OCCUR/MED EXP (Any one person)EXCLUDED $1,000,000 AGGREGATE PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 $5,000,000 POLICY PROJECT X LOC LEGAL LIAB TO PARTICIPANTS NC OTHER:PROFESSIONAL LIABILITY A AUTOMOBILE LIABILITY KKO0000025588600 6/7/2021 12:01 AM 6/7/2022 12:01 AM COMBINED SINGLE LIMIT (Ea accident)$1,000,000 ANY AUTO BODILY INJURY (Per person) OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS ONLY X NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) A UMBRELLA LIAB X OCCUR XKO0000025588700 6/7/2021 12:01 AM 6/7/2022 12:01 AM EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION WORKERS COMPENSATION ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER STATUTE OTHER Y / N E.L. EACH ACCIDENT PARTICIPANT ACCIDENT AD&D Primary Medical Excess Medical Weekly Indemnity DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, IN WHOLE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY. WAIVER OF SUBROGATION APPLIES. CERTIFICATE HOLDER CANCELLATION CITY OF COLLEGE STATION PO BOX 9960 COLLEGE STATION, TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Page 57 of 300 September 9, 2021 Item No. 8.4. Authorize expenditure of funds for Fiscal Year 2022 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2022 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff respectfully recommends approval of the purchase requests as listed on the attached spreadsheet, and the authorization for the City Manager to approve contracts and expenditures that are on the exemption list. Summary: Every fiscal year there are a number of expenditures incorporated in the approved budget that are not subject to competitive bidding or proposals. These expenditures are for sole source purchases; expenditures for personal, professional or planning services; captive replacement parts for equipment, and other exemptions more fully described in LGC 252.022 and other expenditures for interlocal contracts or fees mandated by state law. The intent of this item is for Council to authorize the expenditure(s) which will provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Budget & Financial Summary: Funds are either available or budgeted for each of the listed purchase requests in the Fiscal Year 2022 budget in various funds of the City, or if necessary, will be made available by proposing an appropriate budget amendment or contingency transfer. Attachments: 1.2022 Exemptions List Over $100K Page 58 of 300 Page 59 of 300 2022 Annual Exemptions FY 2021 FY 2022 Approved Request Tyler Technologies (MUNIS Product Maintenance and Services) MUNIS is the City's Enterprise Resouce Planning (ERP) system. $151,000.00 $151,000.00 TriTech (Inform Product Maintenance) Annual maintenance fees for the Computer Aided Dispatch and automated Records Management System (CAD/RMS) used by Police and Fire Dispatch. Vendor ID 3371 $195,215.00 $210,000.00 City of Bryan (Utilities for wells and pump station)$1,000,000.00 $1,000,000.00 Frontier (Local/Long Distance Phone Service)$150,000.00 $150,000.00 Entergy (Well 8 & Well 9 electrical power) $250,000.00 $250,000.00 ILA with BVSWMA This expense is for landfill disposal fees.$1,650,000.00 $1,650,000.00 ILA with Brazos Central Appraisal District This is the City’s portion of the funding of the Brazos Central Appraisal District. $462,000.00 $510,000.00 ILA with City of Bryan (Library services) Interlocal agreement with the City of Bryan for the management of the Larry J. Ringer Library. The library is owned by the COCS but is managed (O&M) by the City of Bryan. $1,300,000.00 $1,420,430.00 ILA with National Intergovernmental Purchasing Alliance (NIPA)for Office Depot (office supplies and equipment) All products and services available through NIPA cooperative contracts have been competitively solicited and publicly awarded utilizing industry best practices,processes and procedures.Office Depot has a local store and two-day delivery for orders placed online. $120,000.00 $120,000.00 Brazos County Health Department This expense is for the City’s portion of the funding of the Brazos County Health Department. $479,000.00 $479,000.00 Preferred Access Funding Agreement As part of the effort to pay for the renovation of Kyle Field,the COCS,worked to secure funding through the Hotel Occupancy Tax for the project.A portion of the current COCS HOT tax from visitors who stay at College Station hotels is being utilized through a Facilities Access Agreement that provides access to certain facilities at TAMU at preferred rates for events that will bring more visitors and tourists to the community. This exemption item is for the annual payment that is made as a result of that agreement. $894,000.00 $755,000.00 ILA with TASB (BuyBoard)for Gall's Parent Holdings to supply Police/Fire uniforms and alterations (FY21 requested amount was for Police only)$90,000.00 $140,000.00 TCEQ (inspections/assessments, permitting fees - W/WW) Oversees all permitting, planning and monitoring of the state's water resources. These are mandated fees and the amounts requested each fiscal year are best estimates.$200,000.00 $200,000.00 BV Groundwater Conservation District - Assessment fees These are mandated fees that are based on the amount of groundwater the City pumps. There is no rate increase; however, more pumping is anticipated due to increased poplulation. $220,000.00 $210,000.00 Expenditures for mandated state fees LGC 252.022 (a)(7)(D) - Captive replacement parts or components for equipment; computer software/hardware maintenance; equipment lease/maintenance LGC 252.022(a)(7)(c) - Gas, water and other utility services Expenditures pursuant to established interlocal agreements (ILA's) with various agencies Page 60 of 300 September 9, 2021 Item No. 8.5. Resolution approving the City’s investment policy, reviewing and recording changes to such policy and strategy, approving a collateral policy, and designating investment officers for fiscal year ending September 30, 2022. Sponsor:Michael Dehaven, Assistant Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution approving the City’s investment policy, reviewing and recording changes to such policy and strategy, approving a collateral policy, and designating investment officers for fiscal year ending September 30, 2022, stating that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List and Investment Strategy. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Sustainable City Recommendation(s): Staff recommends review and approval of the resolution. Summary: The Public Funds Investment Act requires an annual review and approval of the City's investment policy and investment strategies. The Act further requires the following: (1) that the governing body adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies, and (2) that the written instrument so adopted records any changes to either the investment policy or investment strategies. The City of College Station’s investment policy is recommended with the following changes from the previous year: (1) addition of the Other Post Employment Benefits (OPEB) funding policy as Exhibit B to the Investment Policy. The proposed list of Broker/Dealers/Advisors for the City to do business with are: o FTN Financial o Hilltop Securities, Inc. o Cantor Fitzgerald & Company o Truist Securities o American Momentum (CD’s only) The proposed list of Depository Banks for the City to do business with are: Page 61 of 300 o Truist Bank o JPMorgan Chase Bank, N.A. As part of the City’s Investment Policy, Council is to review, approve and adopt any modifications to the list. Budget & Financial Summary: None Attachments: 1.FY 2021-2022 Investment Policy and Strategy 2.OPEB Funding Policy 3.Resolution adopting Investmt Policy Strateg FY 22 Page 62 of 300 ___________________________________________________________ Investment Strategy and Policy 2022 Approved by Council September 9, 2021 ___________________________________________________________ Page 63 of 300 2 Table of Contents INVESTMENT STRATEGY _________________________________________________________________________________ 3 I. POLICY _______________________________________________________________________________________________ 4 II. SCOPE ______________________________________________________________________________________________ 4 III. INVESTMENT OBJECTIVES _____________________________________________________________________________ 4 Safety ________________________________________________________________________________________________ 4 Liquidity ______________________________________________________________________________________________ 5 Yield _________________________________________________________________________________________________ 5 IV. RESPONSIBILITY AND CONTROL _______________________________________________________________________ 5 Delegation of Authority _________________________________________________________________________________ 5 Cash Flow Analysis ____________________________________________________________________________________ 5 Training Requirement __________________________________________________________________________________ 5 Internal Controls _______________________________________________________________________________________ 6 Prudence _____________________________________________________________________________________________ 6 Ethics and Conflicts of Interest___________________________________________________________________________ 6 V. SUITABLE AND AUTHORIZED INVESTMENTS _____________________________________________________________ 7 Portfolio Management __________________________________________________________________________________ 7 Investments ___________________________________________________________________________________________ 7 Exemption for Existing Investments ______________________________________________________________________ 8 Loss of Required Rating ________________________________________________________________________________ 8 VI. INVESTMENT PARAMETERS ___________________________________________________________________________ 9 Maximum Maturities ____________________________________________________________________________________ 9 Diversification _________________________________________________________________________________________ 9 VII. FINANCIAL INSTITUTIONS AND DEALERS _______________________________________________________________ 9 Depository ____________________________________________________________________________________________ 9 Authorized Brokers/Dealers ____________________________________________________________________________ 10 Competitive Bids _____________________________________________________________________________________ 11 Delivery vs. Payment __________________________________________________________________________________ 11 VIII. SAFEKEEPING OF SECURITIES _______________________________________________________________________ 11 Safekeeping Agreement________________________________________________________________________________ 11 Safekeeping and Custody ______________________________________________________________________________ 11 Collateralization ______________________________________________________________________________________ 11 IX. PERFORMANCE STANDARDS _________________________________________________________________________ 12 Performance Standards ________________________________________________________________________________ 12 Performance Benchmark _______________________________________________________________________________ 12 X. REPORTING _________________________________________________________________________________________ 12 Methods _____________________________________________________________________________________________ 12 Marking to Market _____________________________________________________________________________________ 12 XI. INVESTMENT POLICY ADOPTION ______________________________________________________________________ 13 QUALIFIED BROKERS/DEALERS __________________________________________________________________________ 14 GLOSSARY OF COMMON TREASURY TERMINOLOGY ________________________________________________________ 15 EXHIBIT A OPEB TRUST INVESTMENT GUIDELINE ___________________________________________________________ 22 EXHIBIT B OPEB FUNDING POLICY ________________________________________________________________________ 23 Page 64 of 300 3 INVESTMENT STRATEGY The City of College Station will pursue a passive investment strategy. Investments will be purchased with the intent of holding to maturity and will only be sold early under exceptional circumstances. In purchasing investments, the investment officer will attempt to follow a ladder strategy to ensure that the portfolio will have at least one investment maturing every month. Investment priorities are as follows: 1. Suitability - Any investment allowed under the Investment Policy is suitable. 2. Preservation and Safety of Principal - Investments of the City shall be undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio. 3. Liquidity - The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operational requirements that might reasonably be anticipated. 4. Marketability - Investments should have an active and efficient secondary market to enable the City to liquidate investments prior to the maturity if the need should arise. 5. Diversification - The Investment Officer will attempt to maintain a diversified portfolio with regard to security type, financial institution providing the security, and maturity. 6. Yield - The City’s investment portfolio shall be designed with the objective of attaining the maximum rate of return throughout budgetary and economic cycles, taking into account the City’s risk constraints and the cash flow characteristics of the portfolio. The City of College Station also has an irrevocable trust relating to its Other Post Employment Benefits (OPEB) obligations. The investment strategy for this trust will be dictated by the City’s Investment Committee. This trust does not fall under the Texas Public Funds Investment Act. The current investment guideline is attached to this policy as Exhibit A. The future funding of the OPEB liability and trust are attached to this policy as Exhibit B. Page 65 of 300 4 CITY OF COLLEGE STATION INVESTMENT POLICY The Public Funds Investment Act, Chapter 2256, Texas Government Code, as Amended (”PFIA” herein), requires each city to adopt rules governing its investment practices and to define the authority of the investment officer. The following Investment Policy addresses the methods, procedures, and practices that must be exercised to ensure effective and judicious fiscal management of the City of College Station funds. I. POLICY It is the policy of the City of College Station, Texas (“City”) to invest public funds in a manner, which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all federal, state and local statutes governing the investment of public funds. II. SCOPE This investment policy applies to all the financial assets held by the City. These funds are defined in the City’s Comprehensive Annual Financial Report (CAFR) and include: General Fund Special Revenue Funds Debt Service Fund Capital Projects Funds Enterprise Funds Internal Service Funds Any new funds created by the City will be subject to this policy unless specifically exempted by the City Council. To maximize the effective investment of assets, all funds mentioned above will pool their cash balances for investment purposes. The income derived from investing activities will be distributed to the various funds based on calculation of their average balances. III. INVESTMENT OBJECTIVES The City of College Station shall manage and invest its cash with three primary objectives, listed in order of priority: safety, liquidity and yield. The safety of the principal invested always remains the primary objective. Safety Safety of Principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to insure the preservation of capital in the overall portfolio. Page 66 of 300 5 Liquidity The City’s investment portfolio will remain liquid to enable the City to meet all operational requirements that might reasonably be anticipated. Yield The City shall invest funds in investments that earn a competitive market yield consistent with stated objectives. For bond proceeds to which arbitrage restrictions apply, the primary objectives shall be to obtain a fair market yield and to minimize the costs associated with the investment of such funds within the constraints of the investment policy and applicable bond covenants. IV. RESPONSIBILITY AND CONTROL Delegation of Authority The Assistant City Manager or his Designee is designated the City’s Investment Officer. The Investment Officer shall be responsible for the investment of funds consistent with this Policy, and shall have the authority necessary to carry out such responsibilities. An investment committee consisting of the Investment Officer and at least two other staff members designated by the City Manager will also be formed. This committee will be responsible for selecting eligible broker/dealers, reviewing, and updating the investment policy annually. All participants in the investment process shall seek to act responsibly as custodians of the public trust. The Investment Officer shall establish written procedures for the operation of the investment program consistent with this investment policy. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Investment Officer. The Investment Officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Cash Flow Analysis Supplemental to the financial and budgetary systems, the Investment Officer will maintain a cash flow forecasting process designed to monitor and forecast cash positions for investment purposes. Cash flow analysis will include the historical researching and monitoring of specific cash flow items, payables and receivables as well as overall cash position and patterns. Training Requirement In order to ensure the quality and capability of investment management, the Assistant City Manager and the Investment Officer shall: Page 67 of 300 6 - attend at least one training session within 12 months of assuming duties and containing not less than 10 hours of instruction from an independent source approved by the governing board or a designated investment committee; - receive training which includes education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio, and compliance with the PFIA; and - attend a training session not less than once each state fiscal biennium (beginning on the first day of the fiscal year and consisting of two consecutive fiscal years after that date) and receive not less than 8 hours of training from an independent source approved by the governing board or a designated investment committee. Internal Controls The Investment Officer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. Annually, the City’s independent auditors will review quarterly reports for the fiscal year. Prudence Investments shall be made with the judgment and care which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Ethics and Conflicts of Interest All participants in the investment process shall seek to act responsibly as custodians of the public trust. Investment officers shall avoid any transactions that might impair public confidence in the City’s ability to govern effectively. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City, particularly with regard to the time of purchases and sales. Investment officials will disclose if the Official is related Page 68 of 300 7 with the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code. Employees and investment officials shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City. On an annual basis, the Investment officials shall sign a statement acknowledging that they are in compliance with Section 2256.005 (i) of the Public Funds Investment Act. V. SUITABLE AND AUTHORIZED INVESTMENTS Portfolio Management The City currently has a “buy and hold” portfolio strategy. Maturity dates are matched with cash flow requirements and investments are purchased with the intent to be held until maturity. Investments Acceptable investments under this policy shall be limited to certain instruments as described by the Government Code; Chapter 2256, Sections 2256.009 through 2256.011 and Sections 2256.013 through 2256.016 of the Public Funds Investment Act. Investment of funds in any instrument or security not authorized for investment under the Act is prohibited. • Authorized 1. Interest bearing bank deposits insured by the FDIC or the National Credit Union Share Insurance Fund. 2. Direct obligations of the United States government: U.S. Treasury Bills, U.S. Treasury Notes, and U.S. Treasury Bonds as well as Bonds or other interest bearing obligations for which the principal and interest are guaranteed by the full faith and credit of the United States government and rated not less than A or its equivalent by at least one nationally recognized investment rating firm. 3. Federal Agencies and Instrumentalities including but not limited to, discount notes, callables and debentures of the Federal National Mortgage Association (FNMA), the Federal Home Loan Bank (FHLB), the Federal Farm Credit Bank (FFCB), and the Federal Home Loan Mortgage Corporation (FHLMC). 4. Time Certificates of Deposit, insured by the Federal Deposit Insurance Corporation (FDIC) or its successor, or the National Credit Union Share Insurance Fund or its successor, in state or national banks. Any deposits exceeding FDIC insurance limits shall be collateralized at 102% of the face amount of the Certificate of Deposit by securities listed in 1 - 2 above and held by the City's custodial bank or the custodial bank of the institution the CD’s are held. Bids for Certificates of Deposit may be solicited orally, in writing, electronically or using any combination of these methods. Page 69 of 300 8 5. Repurchase Agreements with a defined termination date of 90 days or less collateralized by a combination of cash and securities listed in 1 - 2 above. Collateral must have a minimum market value of 102% of the repurchase agreement, and must be held by the custodian bank or other independent third-party custodian contracted by the City. Bond proceeds may be invested in flexible repurchase agreements with maturity dates not exceeding the expected final project expenditure if a formal bidding process is followed and properly documented for IRS purposes. 6. AAA-rated No-Load Money Market Mutual Funds registered with the Securities and Exchange Commission and comply with SEC Rule 2a-7 . 7. AAA-rated Investment Pools organized under the Texas Interlocal Cooperation Act that follow the requirements in the Public Funds Investment Act and which have been specifically approved by the City. • Not Authorized The following security types are not permitted: 1. Obligations whose payment represents the coupon payments of the underlying mortgage- backed security collateral and pays no principal (IO’s); 2. Obligations whose payment represents the principal stream from the underlying mortgage- backed security collateral and bears no interest (PO’s); 3. Collateralized Mortgage Obligations (CMO’s) that have a stated final maturity date of greater than 10 years; and 4. Any security, the interest rate of which is determined by an index that adjusts opposite to the changes in the Market index (inverse floaters). Exemption for Existing Investments Any investment, which was authorized at the time of purchase, shall not be required to be liquidated. Loss of Required Rating If any security that requires a minimum investment rating is downgraded below that minimum rating subsequent to purchase, it will no longer be considered an authorized investment. As a result, the City shall take all prudent measures to liquidate the security in effort to preclude or reduce principal loss. The City will select a different approved broker/dealer each quarter to verify the ratings of securities held. Local Government Pools ratings will be verified quarterly by checking their websites. Page 70 of 300 9 VI. INVESTMENT PARAMETERS Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase. Additionally, the City will maintain a dollar-weighted average maturity of two years or less. Diversification It is the intent of the City to diversify the investment instruments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should be flexible depending upon the outlook for the economy and the securities markets. If conditions warrant, the guidelines below may be exceeded by approval of the Investment Committee. With the exception of U.S. Treasury securities, authorized pools, and the City’s depository accounts, the City may not invest more than 30% of the City’s investment portfolio with a single financial institution. In addition, the following maximum limits, by instrument, are established for the City’s total portfolio: 1. U.S. Treasury Securities 100% 2. Agencies and Instrumentalities 70% 3. Certificates of Deposits 40% 4. Money Market Mutual Funds 30% 5. Repurchase Agreements 20% 7. Authorized Pools 70% VII. FINANCIAL INSTITUTIONS AND DEALERS Depository At least every three to five years a Depository shall be selected through the City’s banking services procurement process, which shall include a formal request for application (RFA). The selection of a depository will be determined by competitive bid and evaluation of bids will be based on the following selection criteria: • The ability to qualify as a depository for public funds in accordance with state and local laws. • The ability to provide requested information or financial statements for the period specified. • The ability to meet all requirements in the banking RFA. Page 71 of 300 10 • Complete response to all required items on the bid form. • Lowest net banking service cost, consistent with the ability to provide an appropriate level of service. • The credit worthiness and financial stability of the bank. The bank depository contract is subject to Council approval. During the term of the contract, additional accounts may be established. The City may open a cash money market account with its approved depository bank. Accounts held by the approved bank are to be collateralized at no less than 105%. Two authorized signers on the City’s accounts must approve the establishment of new accounts. Authorized Brokers/Dealers The Investment Officer shall maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services in the State of Texas. These may include “primary” or regional dealers that qualify under SEC rule 15C3-1. No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Investment Officer with a completed Broker/Dealer Questionnaire and Certification, which shall include the following: • An audited financial statement for the most recent period. • Proof of certification by the Financial Industry Regulatory Authority (FINRA). • Proof of current registration with the State Securities Commission. Financial institutions eligible to transact investment business with the City shall be presented a written copy of this Investment Policy. Additionally, the qualified representative of the business organization seeking to transact investment business shall execute a written instrument substantially to the effect that the qualified representative has received and reviewed this Investment Policy, and acknowledged that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities with the City. The City will not enter into an investment transaction with a Broker/Dealer prior to receiving the written agreement described above and current audited financial statements. Annually, the Investment Committee shall review and revise the list as needed. The Committee will consider any new firms that have submitted the required documentation and review the performance of the previously approved firms. Any modifications to the list will be submitted to Council for their review, approval and adoption. Page 72 of 300 11 Competitive Bids Securities will be purchased or sold after three (3) offers/bids are taken to verify that the City is receiving fair market value/price for the investment. Security transactions that may be purchased without competitive offers include: a) transactions with money market mutual funds b) local government investment pools and c) new securities still in syndicate and priced at par. Delivery vs. Payment All securities transaction, including collateral for repurchased agreements, shall be purchased using the delivery vs., payment method with the exception of investment pools and mutual funds. Funds will be released after notification that the purchased security has been received. VIII. SAFEKEEPING OF SECURITIES Safekeeping Agreement The City shall contract with a bank or banks for the safekeeping of securities either owned by the City as part of its investment portfolio or held as collateral to secure demand or time deposits. Safekeeping and Custody Safekeeping and custody of securities and collateral shall be in accordance with state law. Securities and collateral will be held by a third party custodian designated by the Investment Officer and held in the City’s name as evidenced by safekeeping receipts of the institution with which the securities are deposited. Original safekeeping receipts shall be obtained. Collateralization Consistent with the requirements of the Public Funds Collateral Act, it is the policy of the City to require full collateralization of all investments and uninsured balances plus accrued interest on deposit with a depository bank, other than investments, which are obligations of the U.S. government, its agencies and instrumentalities, and government sponsored enterprises. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 102% of market value of principal and accrued interest on deposits or investments less than an amount insured by the FDIC. The collateralization level of the City’s depository accounts will be no less than 105%. Collateral will always be held by an independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted and the City’s Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Page 73 of 300 12 IX. PERFORMANCE STANDARDS Performance Standards The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. Performance Benchmark Given the passive investment strategy of the City, the benchmark to be used by the Investment Officer to determine whether market yields are being achieved shall be the average closing yield during the reporting period comparable to the portfolios dollar-weighted average maturity in days. X. REPORTING Methods Not less than quarterly and within a reasonable time after the end of the period reported, the Investment Officer should prepare and submit to the City Council a written report of the investment transactions for all funds of the City for the preceding reporting period. The report must: • describe in detail the investment position of the City on the date of the report, • be prepared jointly by all the Investment Officers if the City appoints more than one, • be signed by all Investment Officials, • contain a summary statement of each pooled fund group that states the beginning market value for the reporting period, • state the book value and the market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested, • state the maturity date of each separately invested asset that has a maturity date, • state the fund for which each individual investment was acquired, • state all accrued interest payable; and • state the compliance of the investment portfolio as it relates to this Policy and Investment Act. Marking to Market The market values of the City’s investments shall be obtained from a reliable outside source, which has access to investment market values. Marking to Market will be done at least quarterly. Page 74 of 300 13 XI. INVESTMENT POLICY ADOPTION The City’s investment policy and investment strategies must be adopted annually by resolution of the City Council even if there are no changes. The City Council shall review the policy annually and they must approve any changes or modifications made thereto. Page 75 of 300 14 QUALIFIED BROKERS/DEALERS/ADVISORS FTN Financial Cantor Fitzgerald & Company Zach Brewer 1700 Post Oak Boulevard 920 Memorial City Way, 11th Floor 2 BLVD Place, Suite 250 Houston, TX 77024 Houston, TX 77056 Phone: (713) 435-4351 Phone: (713) 599-5192 Hilltop Securities, Inc. Truist Securities Gilbert Ramon James D. Elliot 7000 N. MoPac Expressway, #400 Gregory D. Blake Austin, TX 78731 901 East Byrd Street, Suite 300 Phone: (512) 340-1841 Richmond, VA 23219 Phone: (804) 649-3976 American Momentum Bank (CD’s only) Frank Varisco Five Momentum Blvd. College Station, TX 77845 Phone: (979) 599-9349 INVESTMENT POOLS TexPool TexSTAR 1001 Texas Ave., Suite 1400 1201 Elm Street, Suite 3500 Houston, TX 77002 Dallas, TX 75270 Phone: (866)839-7665 Phone: (800)839-7827 TexPool Prime LOGIC 1001 Texas Ave., Suite 1400 1201 Elm Street, Suite 3500 Houston, TX 77002 Dallas, TX 75270 Phone: (866)839-7665 Phone: (800)895-6442 DEPOSITORY BANKS Truist Bank (previously BB&T) JPMorgan Chase Bank, NA. 2717 Texas Avenue South One Chase Manhattan Plaza College Station, Texas 77840 New York, New York 10005-1401 (979)260-1482 Page 76 of 300 15 GLOSSARY OF COMMON TREASURY TERMINOLOGY Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Asked - The price at which securities are offered. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., "1/4" of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security's current value in the market. Broker - A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond's original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Cash Sale/Purchase - A transaction that calls for delivery and payment of securities on the same day that the transaction is initiated. Page 77 of 300 16 Certificate of Deposit (CD) – A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper - An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Comprehensive Annual Financial Report (CAFR) – The official annual report for the City of College Station. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provision, extensive introductory material, and a detailed statistical section. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. It is also known as the interest rate. Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer's ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Dealer – A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Discount - The amount by which the par value of a security exceeds the price paid for the security. Discount Security – Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration - A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Page 78 of 300 17 Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Federal Funds (Fed Funds) - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. Federal Credit Agencies – Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g. S&L’s small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC) – A federal agency that insures bank deposits, currently up to $250,000 per depository account through December 31, 2013. On January 1, 2014, the standard insurance amount will return to $100,000. Federal Home Loan banks (FHLB) – The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role similar to that played by the Federal Reserve Bank versus member commercial banks. Federal National Mortgage Association (FNMA) – A government –sponsored enterprise (GSE) that was created in 1938 to expand the low of mortgage money by creating a secondary mortgage market. Fannie Mae is a publicly traded company which operates under a congressional charter that directs Fannie Mae to channel its efforts into increasing the availability and affordability of homeownership for low-, moderate-, and middle-income Americans. Federal Open Market Committee (FOMC) – Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. Federal Reserve System – The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. Financial Industry Regulatory Authority (FINRA) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bills, Notes, and Bonds." Interest Rate - See "Coupon Rate." Page 79 of 300 18 Interest Rate Risk - The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Internal Controls - An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points:  Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employer.  Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved.  Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Liquidity - An asset that can be converted easily and quickly into cash. Local Government Investment Pool (LGIP) - An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See "Weighted Average Maturity." Money Market – The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. Page 80 of 300 19 Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds). Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund's assets that includes securities, cash, and any accrued earnings, subtracting this from the fund's liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund's portfolio. (See below.) [(Total assets) - (Liabilities)] / (Number of shares outstanding) Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the "coupon," "coupon rate," or "interest rate." Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the "Ask price." Par - Face value or principal value of a bond, typically $1,000 per bond. Portfolio – Collection of securities held by an investor. Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security's par value. Prime Rate - A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates are keyed to this rate. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer's business, the proposed use of proceeds, the experience of the issuer's management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Rate of Return – The yield obtainable on a security based on its purchases price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Page 81 of 300 20 Repurchase Agreement (repo or RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Secondary Market – A market made for the purchase and sale of outstanding issues following the initial distribution. Securities & Exchange Commission – Agency created by Congress to protect investors in securities transactions by administering securities legislation. Serial Bond - A bond issue, usually of a municipality, with various maturity dates scheduled at regular intervals until the entire issue is retired. Sinking Fund - Money accumulated on a regular basis in a separate custodial account that is used to redeem debt securities or preferred stock issues. Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue which come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Bonds – Marketable, fixed-interest U.S. government debt securities with maturities of more than ten years and issued in minimum denominations of $1,000. Treasury bonds make interest payments semi-annually and the income that holders received is only taxed at the federal level. Page 82 of 300 21 Treasury Notes - Marketable U.S. government debt securities with fixed interest rates and maturities between 1 to 10 years. Treasury notes can be bought either directly from the U.S. government or through banks. Uniform Net Capital Rule - SEC Rule 15C3-1 – Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ration of indebtedness to liquid capital of 15 to 1: also called net capital rule and net capital ratio. Indebtedness covers all money owned to a firm, including margin loans and commitments to purchase securities. This is one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Volatility - A degree of fluctuation in the price and valuation of securities. Volatility Risk Rating - A rating system to clearly indicate the level of volatility and other non- credit risks associated with securities and certain bond funds. The ratings for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns ("aaa" by S&P; "V-1" by Fitch) to those that are highly sensitive with currently identifiable market volatility risk ("ccc-" by S&P, "V-10" by Fitch). Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. Yield - The current rate of return on an investment security generally expressed as a percentage of the security's current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve - A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor's potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. Page 83 of 300 22 EXHIBIT A PARS OBEB TRUST INVESTMENT GUIDELINE Page 84 of 300 23 EXHIBIT B OPEB Funding Policy Page 85 of 300   CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE BENEFITS PROGRAM               FUNDING POLICY EFFECTIVE FOR FISCAL YEARS BEGINNING ON AND AFTER OCTOBER 1, 2021                   Adopted: __________________, 20___ Page 86 of 300 FUNDING POLICY FOR THE CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE BENEFITS PROGRAM CITY OF COLLEGE STATION APRIL 2021 TABLE OF CONTENTS    Page No. Section A: Purpose of Funding Policy .......................................................................................... 1 Section B: Primary Funding Objective ......................................................................................... 1 Section C: Funding Priorities and Guidelines ............................................................................... 1 Section D: City’s Funding Policy .................................................................................................. 2 Glossary: Glossary of Actuarial Terms ....................................................................................... 6 Appendix: Published Guidance on Key Elements of a Funding Policy ...................................... 8   FundingPolicy-COLSTA_RMDB_LEGAL_PLANDOC.docx Page 87 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 1 APRIL 2021 A. Purpose of Funding Policy Adoption of a formal policy defining priorities and guidelines for the funding of pension benefits and Other Post-Employment Benefits (OPEB) has become a best practice for public retirement systems. Governing boards and plan sponsors can use a formal funding policy to communicate funding goals and to provide a plan actuary with guidance in determining the requisite contribution rates to meet those goals. For the City of College Station (the City), the adoption of this policy is intended to:  Define the goals and objectives of funding the City of College Station Postretirement Medical, Dental and Life Insurance Program (the OPEB Plan),    Ensure the funding objectives consider the current recommendations of the Government Finance Officers Association (GFOA) and the Conference of Consulting Actuaries Public Plans Community (CCA PPC)1,  Review those objectives against the Texas Pension Review Board (the PRB) funding requirements and Texas Government Code §802.2011, even though such requirements only apply to Public Retirement (Pension) Systems2,  Enhance communications to plan members and retirees regarding the City’s funding strategy, and  Provide funding policy guidance to current and future City managers. B. Primary Funding Objective The primary objective of the funding policy is to fully fund the long-term cost of benefits provided under the terms of the OPEB Plan through disciplined and timely accumulation of contributions and prudent investment of assets, where such investments are governed by the guidelines of a separate Investment Policy Statement. C. Funding Priorities and Guidelines The following priorities and guidelines seek to achieve the Primary Funding Objective:  100% Payment of Benefits – Contributions and current plan assets must be sufficient to pay for all benefits expected to be paid to members and their beneficiaries when due. 1 The GFOA recommendations are written for both Public Pension Plans and Public OPEB Plans. The CCA PPC recommendations are written for Public Pension Plans, but the CCA PPC white paper states that the general policy objectives presented are applicable to funding OPEB plans with consideration given to distinctive features applicable to OPEB Plans. Accordingly, these GFOA and CCA PPC recommendations are useful guidelines for funding OPEB Plans. 2 Although the PRB requirements do not apply to OPEB plans, they are useful in comparing to the GFOA and CCA recommendations. Page 88 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 2 APRIL 2021  Target a Funded Ratio of 100% – The funded ratio shall be determined based on the ratio of:  the Plan Assets (which may be determined using a smoothing methodology discussed below) to  the Actuarial Accrued Liability (determined using the selected actuarial Cost Method as discussed below and all other funding valuation assumptions).  Contribution Stability and Sound Financing of Benefits – The financing of benefits should be based on sound actuarial principles. The City desires to minimize year-to-year employer contribution volatility to the extent reasonably possible while understanding that a sound funding policy may require employer contribution fluctuations from year-to-year in order to achieve and maintain the sound actuarial financing of benefits.  Intergenerational Equity – Whenever possible, the costs of benefits are managed such that future taxpayers are not burdened with costs associated with a previous generation of City employees’ service, and such costs are managed in a manner consistent with the principle to pay all benefits when due and without reduction.    Benefit Enhancements – Amendments to the OPEB Plan that improve plan benefits shall not be permitted unless the plan remains above 90% funded following the amendment. However, if the employer funds the full amount of the benefit enhancement at the time the enhancement is adopted, then the 90% funding threshold requirement shall be waived. D. City’s OPEB Funding Policy   The Funding Policy determines the manner in which plan liabilities and assets are measured for purposes of determining the annual contributions to the OPEB Plan. Typically, funding policies require the annual Normal Cost (i.e., the present value of the current year benefit accruals) plus a portion of the Unfunded Accrued Liability (UAL) (i.e., the excess of Actuarial Accrued Liability over Plan Assets) to be funded via an amortization payment.   In establishing this Funding Policy, the City considered published guidance from the Texas Pension Review Board, the Conference of Consulting Actuaries Public Plans Community and the Government Finance Officers Association. A detailed summary of this guidance, including many of the terms and concepts utilized in the Funding Policy below, is located in the Appendix of this document.   Effective with the fiscal year beginning October 1, 2021, the City will use the following Funding Policy based on the results of the preceding GASB No 74 valuation (e.g., the January 1, 2021 valuation for the fiscal year beginning October 1, 2021): Page 89 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 3 APRIL 2021 1. Methods – The City shall use the following methods. a. Recommended Contribution – The City shall determine the annual contribution using the Actuarially Determined Contribution (ADC) Method. i. Funded Ratio Less Than 95% – If the ratio of Plan Assets to the Actuarial Accrued Liability is less than 95%, the ADC shall be determined as the sum of the Normal Cost plus an amortization of the Unfunded Accrued Liability (UAL) as further discussed below. In addition, OPEB benefit payments will be paid directly by the City, and the City will not receive reimbursement from the OPEB Prefunding Trust. ii. Funded Ratio Between 95% and 100% – If the ratio of Plan Assets to the Actuarial Accrued Liability is at least 95% and less than 100%, then: 1. if there is any portion of the amortization period of the UAL from the prior valuation (i.e., one or two years remaining), then the ADC shall be determined as the sum of the Normal Cost plus an amortization of the UAL; or 2. if there is no amortization of the UAL remaining from the prior valuation (i.e., there are zero years remaining), then the ADC shall be equal to sum of the Normal Cost plus interest on the UAL at the valuation interest rate. In addition, OPEB benefit payments will be paid directly by the City, but the City will receive reimbursement from the OPEB Prefunding Trust. iii. Funded Ratio 100% or Greater – If the ratio of Plan Assets to the Actuarial Accrued Liability is at least 100%, the ADC shall be equal to the Normal Cost and there shall not be an adjustment for the amortization of the UAL. Furthermore, the amount of the Normal Cost shall be offset by Plan Assets in excess of the Actuarial Accrued Liability, but such offset shall not result in an ADC of less than $0. In addition, OPEB benefit payments will be paid directly by the City, but the City will receive reimbursement from the OPEB Prefunding Trust. Each fiscal year, the City budgets a contribution for the OPEB Prefunding Trust (e.g., at the date of adoption of this Funding Policy, the City has budgeted approximately $1,332,000 for FY22). To the extent that the budgeted OPEB contribution exceeds the ADC described under any of the above scenarios, then Page 90 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 4 APRIL 2021 the contribution to the OPEB Prefunding Trust shall exceed the ADC but not in excess of the amount required to achieve a Funded Ratio of 100% plus the amount of the Normal Cost. In this event, any remaining portion of the budgeted contribution shall be contributed to the Texas Municipal Retirement System to fund the City’s pension benefits. b. Cost Method – The actuarial cost method shall continue to be the Entry Age Normal Level Percent of Pay method. c. Asset Method – The City shall use the Market Value of Assets rather than a smoothed value of assets. Market Value of Assets as of the valuation date equals Fair Value plus any receivable contributions made or to be made for a prior plan year. The Plan Assets shall be set equal to the Market Value of Assets. d. Amortization Method – The amortization method shall be determined as follows: Amortization Method City’s Method Closed Period vs. Open Period Closed Period Level Dollar vs. Level Percent Level Dollar Single vs. Layered Single Amortization Period 3 years 2. Other Considerations a. Actuarial Experience Studies - The City participates in to the Texas Municipal Retirement System (TMRS) which already performs actuarial experience studies at least once every five (5) years. Such experience studies examine the Retirement System’s actual experience relative to the expected experience based on the actuarial assumptions in effect. The OPEB plan will incorporate any new demographic assumptions and economic assumptions applicable to the OPEB Plan that are adopted by TMRS as a result of an experience study. The OPEB Plan’s investment return assumption (i.e., the discount rate) shall be reevaluated at the same time as each TMRS experience study, and the City shall adopt a new investment return assumption, if warranted at such time. b. Risk-Sharing – If the ADC exceeds the amount of the budgeted OPEB contribution or if the ADC becomes otherwise untenable, then the City reserves the right to examine any combination of the following approaches to adjust the ADC or otherwise restore the ADC to a sustainable level: Page 91 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 5 APRIL 2021 i.adjusting the funding policy (e.g., use longer amortization periods that remain within the recommended ranges) while still meeting the Primary Funding Objectives, ii.increasing the retirees’ cost-sharing contributions to the OPEB Plan for medical and dental coverage to restore the ADC to a sustainable level, iii.reducing future benefits to restore the ADC to a sustainable level, and/or iv.limiting the contribution to the amount of the budgeted OPEB contribution. The City reserves the right to amend, modify or replace this Funding Policy. Page 92 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 6 APRIL 2021 Glossary of Actuarial Terms Actuarial Accrued Liability or Accrued Liability (AAL) This is computed differently under different actuarial cost methods. Generally, the Actuarial Accrued Liability or Accrued Liability represents the portion of the Present Value of Future Benefits attributed to periods of service preceding the valuation date. Actuarial Gain (Loss) A measure of the difference between actual experience and that expected based on the actuarial assumptions during the period between two actuarial valuation dates, as determined in accordance with the particular actuarial cost method used. Actuarial Value of Assets (AVA) The value of assets used by an actuary for an actuarial valuation. The AVA can be set equal to the Market Value of Assets, or the AVA can be set equal to a smoothed value of assets that is designed to smooth volatility in the Market Value of Assets over a period of years (e.g., a three to ten year period). Entry Age Normal Actuarial Cost Method An actuarial cost method under which the Present Value of Future Benefits of each individual included in an actuarial valuation is allocated on a level basis over the earnings or service of the individual between entry age and assumed exit ages. The portion of this actuarial present value allocated to the year of service during the valuation year is called the Normal Cost. The portion of this present value not provided for at a valuation date by the Present Value of Future Normal Costs is called the Accrued Liability. Market Value of Assets Market Value of Assets as of a valuation date equals Fair Value plus any receivable contributions made or to be made for a prior plan year. Normal Cost Computed differently under different actuarial cost methods, the Normal Cost generally represents the portion of the actuarial Present Value of Future Benefits attributed to the current year of service for active employees. OPEB Plan An OPEB Plan or Other Post-Employment Benefit Plan is a plan that provides post-retirement benefits other than pension benefits. Such plans typically provide post-retirement medical coverage, including prescription drug coverage, dental coverage and life insurance benefits. Plan Assets Used interchangeably with Actuarial Value of Assets. See definition of Actuarial Value of Assets above. Page 93 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 7 APRIL 2021 Present Value of Future Benefits Future benefits include all benefits estimated to be payable to plan members (retirees and beneficiaries, terminated employees entitled to benefits but not yet receiving them, and current active members) as a result of their service through the valuation date and their expected future service. The actuarial Present Value of Future Benefits as of the valuation date is the present value of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value (present value) of money and the probabilities of payment. Present Value of Future Normal Costs The difference between the Present Value of Future Benefits and the Actuarial Accrued Liability under a given actuarial cost method. Unfunded Accrued Liability (UAL) The excess, if any, of the Actuarial Accrued Liability over the Actuarial Value of Assets. Page 94 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 8 APRIL 2021 Appendix Published Guidance on Key Elements of a Funding Policy The Funding Policy determines the manner in which plan liabilities and assets are measured for purposes of determining the annual contributions to the OPEB Plan. Typically, funding policies require the annual Normal Cost (i.e., the present value of the current year benefit accruals) plus a portion of the Unfunded Accrued Liability (UAL) (i.e., the excess of Actuarial Accrued Liability over Plan Assets) to be funded via an amortization payment.   Published guidance by the following entities has been considered in developing the Funding Policy: 1. Texas PRB’s “Guidance for Developing a Funding Policy” adopted on October 17, 2019 – This guidance is intended to assist public entities in Texas in developing a policy that meets the requirements of Texas Government Code §802.2011 which does not apply to OPEB plans, but is useful to consider when establishing a funding policy for a OPEB plan; 2. Conference of Consulting Actuaries Public Plans Community (CCA PPC) “Actuarial Funding Policies and Practices for Public Pension Plans” published in October 2014 – This publication is a “white paper” that develops principal elements and parameters of actuarial funding policy for U.S. public pension plans. The white paper states, “While this white paper develops guidance primarily for pension plans, we believe the general policy objectives presented here are applicable to the funding of OPEB plans as well.” The guidance offered in the white paper “is not intended to supplant or replace the applicable Actuarial Standards of Practice (ASOPs)” and is “nonbinding and advisory only”, but is intended as advice to actuaries and retirement boards in setting funding policy. The white paper develops a Level Cost Allocation Model that recommends actuarial funding methods for measuring both plan liabilities and plan assets, as well as recommends amortization periods for funding the UAL. These recommendations are discussed further below; and 3. Government Finance Officers Association’s Best Practice “Sustainable Funding Practices for Defined Benefit Pensions and Other Postemployment Benefits” approved by the GFOA’s Executive Board in January 2016 – This paper includes recommendations for best practices for adopting a funding policy for Pension and OPEB plans and incorporates by reference the GFOAs’ Best Practice “Core Elements of Funding Policy” published in 2013 which also recommends parameters for a funding policy. All three sources of published guidance discuss the following key elements of a funding policy.  Recommended Contribution – There are two methods used to determine recommended employer contributions to retirement plans: Page 95 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 9 APRIL 2021  Fixed Rate Method – The Fixed Rate method determines the annual employer contribution as a constant percentage (i.e., a fixed rate) of payroll. This method is used to minimize volatility in the contribution amount and does not vary from year- to-year unless certain conditions are met.    Actuarially Determined Contribution (ADC) Method – The ADC is determined as the sum of the Normal Cost plus an amortization of the UAL. The ADC changes each year as the Normal Cost and UAL fluctuate. This volatility permits the plan funding to be adjusted as needed in order to continue funding towards 100% over a set period of time. As discussed below, the Normal Cost and Actuarial Accrued Liability are determined based upon the actuarial Cost Method that is selected, and the Plan Assets can either be determined using Market Value or a smoothed Actuarial Value of Assets. Lastly, the period(s) over which the UAL is amortized as well as the methods of setting the period(s) (open period vs. closed period and level dollar amortization vs. level percent of pay amortization) are also key components in the determination of the ADC. The Texas PRB and GFOA recommend using the ADC method. The CCA PPC white paper is written solely in the context of the ADC method; however, the white paper indicates that plans that use the Fixed Rate method should also develop an ADC rate for comparison. Similarly, the Texas PRB recommends that if a Fixed Rate method is used, then an ADC rate should be used as a benchmark for determining if the Fixed Rate is reasonable, as well as to identify conditions in which the Fixed Rate should be changed to move towards the ADC rate either via changes to the rate or benefit reductions.  Cost Method – The actuarial cost method is used to allocate the Present Value of Future Benefits to past, current and future service periods.  Actuarial Accrued Liability – This is the portion of the Present Value of Future Benefits assigned to past service (i.e., service before the actuarial valuation date).  Normal Cost – This is the portion of the Present Value of Future Benefits that is assigned to the current year of service (i.e., it is the present value of the current year’s accruals).  Present Value of Future Normal Costs – This is the portion the Present Value of Future Benefits that is assigned to future service after the valuation year (i.e., it represents the present value of future years’ accruals). The PRB, the CCA PPC and the GFOA all recommend that plan liabilities be determined using the Entry Age Normal Level Percent actuarial cost method for plans with pay-related benefits. Although the City’s OPEB Plan benefits are not pay- related, GASB Nos. 74/75 require the use of the Entry Age Normal Level Percent actuarial Page 96 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 10 APRIL 2021 cost method. This method funds each individual’s benefits over their career as a level percent of pay.  Asset Method – Rather than use the Market Value of Assets in each annual valuation as the measure of Plan Assets, an Actuarial Value of Assets (AVA) can be used to smooth investment gains and losses and thus reduce year-to-year volatility in developing a funding policy contribution. Some AVA methods also place a corridor around the Market Value of Assets to limit the maximum amount of the smoothing during periods in which the market has been very volatile. The PRB, the CCA PPC and the GFOA have various recommended ranges for the length of the period over which assets can be smoothed, but all three entities indicate that a 5-year smoothing period is reasonable, with the GFOA stating that a period of 5 years or less is “ideal”. Furthermore, the CCA PPC and GFOA neither recommend nor discourage a corridor for a 5-year smoothing period (but they do recommend corridors for smoothing periods in excess of 5 years), while the PRB does not state a position on this matter.  Amortization Method – The amortization method determines the manner and period over which the Unfunded Accrued Liability (UAL) is amortized.  Level Dollar vs. Level Percent – The UAL can be amortized as a:  Level Dollar amount, where the amortization installment is fixed each year, or  Level Percent amount, where the amortization installment increases each year as payroll increases, but this can sometimes result in negative amortization.  Open Period vs. Closed Period – The UAL can be amortized over an:  Open Period, whereby the amortization period is the same each year (e.g., a 5-year Open Period amortization would use a 5-year amortization for the January 1, 2021 valuation, followed by another 5-year open period on January 1, 2022 and so on without the 5-year period ever changing), or  Closed Period, whereby the amortization period reduces each successive period (e.g., a 5-year Closed Period amortization would use a 5-year amortization for the January 1, 2021 valuation, followed by a 4-year Closed Period on January 1, 2022 and so on until the final year of the amortization is reached in the 5th year).  Single Amortization vs. Layered Amortization – The UAL can be amortized using: Page 97 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 11 APRIL 2021  Single Amortization – Under the Single Amortization method, the full amount of the UAL is amortized over a single period each year.  Layered Amortization – Under the Layered Amortization method, different amortization layers of the UAL are established at each actuarial valuation, and the sum of the layers is equal to the full UAL. In addition, within a single valuation, multiple layers of UAL can be established for different sources of changes in the UAL. The Layered Amortization method requires that a new amortization base (or layer) be created each year for Actuarial Experience Gains/Losses that occur during the year. In addition, new amortization layers are created in years in which actuarial assumptions or methods are changed and in years in which plan amendments are enacted. Creating a new amortization layer for each year reduces the volatility of the amortization of the UAL relative to the Single Amortization method, particularly as the Closed Period becomes shorter if a Closed Period amortization method is used. In addition, different amortization periods can be used for different types of layers created in years in which actuarial assumptions or methods are changed and in years in which plan amendments are enacted. This allows the funding of each layer to be better aligned with an appropriate amortization period. Page 98 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 12 APRIL 2021 As shown in the tables below, the Texas PRB, CCA PPC and GFOA all recommend a Layered Amortization approach with Closed Periods but with different amortization periods and different recommendations for Level Dollar versus Level Percent. Method Amortization Methodology Texas PRB CCA PPC GFOA Closed Period vs. Open Period Closed Period Closed Period Closed Period Level Dollar vs. Level Percent Level Dollar1 Level Percent2 Either Single vs. Layered Layered Layered Layered Source of Amortization Layers Amortization Period Texas PRB1 CCA PPC2 GFOA Actuarial Experience Gain/Loss 10 to 25 years 15 to 20 years 15 to 25 years5 Assumption and Method Changes 10 to 25 years 15 to 25 years 15 to 25 years5 Plan Amendments 10 to 25 years 10 to 15 years3 15 to 25 years5 Transition to New Policy Not discussed Up to 30 years4 Not discussed 1 The Texas PRB indicates that “level dollar amounts are preferable unless payroll is expected to decrease in the future”. The Texas PRB also states that 10 to 25 years is the preferable range, and while it indicates that a layered approach is acceptable, it does not provide separate preferred ranges for each of the layers. 2 The white paper indicates that “level dollar could be appropriate for sponsors and plans that are particularly averse to future cost increases, e.g., utilities setting rates for current rate payers.” Furthermore, the white paper states “level dollar is generally faster amortization than level percent of pay so longer periods may be reasonable.” 3 The white paper recommends that Plan Amendments be amortized over the actual remaining active future service for amendments affecting active members (where 15 years can be used as an approximation) or over actual remaining retiree life expectancy for amendments affecting inactive members (where 10 years can be used as an approximation). 4 The white paper indicates that transition policies would allow current fixed period amortization layers with periods not to exceed 30 years to continue with new amortization layers subject to recommended guidelines. 5 GFOA states that amortization periods should “ideally fall in the 15-20 year range” but “never exceed 25 years”.  Other Considerations – The Texas PRB, CCA PPC and GFOA each recommend other considerations to manage growth in plan liabilities and mitigate other risks.  Actuarial Experience Studies - An actuarial experience study examines a Retirement Plan’s actual demographic and economic experience relative to the expected experience based on the actuarial assumptions used in an actuarial valuation. Adjustments should be made to the actuarial assumptions whenever actual plan experience deviates materially from the assumptions in order to produce the best long-term estimate and to better align the contributions with the long-term expected cost of the plan. Page 99 of 300 FUNDING POLICY FOR CITY OF COLLEGE STATION POSTRETIREMENT MEDICAL, DENTAL AND LIFE INSURANCE PROGRAM CITY OF COLLEGE STATION 13 APRIL 2021 The GFOA recommends an actuarial experience study be conducted at least once every five years; the Texas PRB indicates that the frequency of actuarial experience studies can be included in the funding policy; and the CCA PPC does not address assumption selection in its white paper.  Risk Mitigation Strategies – Other strategies can be implemented to mitigate risks, such as the risk of large contribution increases year-to-year, sharing risks with employees via increased employee contributions or benefit reductions in certain scenarios. Managing growth in plan liabilities via restrictions on plan amendments should also be considered. The Texas PRB, CCA PPC and GFOA all suggest various strategies for mitigating risks and managing growth in plan liabilities, and the referenced publications for each of these bodies suggest incorporating some risk mitigation strategies into a plan’s funding policy. Page 100 of 300 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE CITY’S INVESTMENT POLICY; THE CITY’S INVESTMENT STRATEGY; REVIEWING AND RECORDING CHANGES TO SUCH POLICY AND STRATEGY; APPROVING A COLLATERAL POLICY; AND DESIGNATING INVESTMENT OFFICERS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2022; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, it is a paramount goal of the City of College Station, Texas (“City”) to ensure the financial integrity of the City and to meet all legal requirements associated with the safekeeping and investing of its funds; and WHEREAS, in accordance with the Public Funds Investment Act, Chapter 2256, Texas Government Code, the City council must adopt an investment policy and investment strategies; and WHEREAS, Section 2256.005, Texas Government Code requires the City Council to review the investment policies and investment strategies not less than annually and to adopt a resolution or order stating the review has been completed and recording any changes made to either the investment policies or investment strategies; and WHEREAS, the Investment Policy for Fiscal Year 2022 designates the Assistant City Manager or his Designee(s) as the Investment Officer of the City and authorizes the Investment Officer to carry out the responsibilities of investing the City’s funds; and WHEREAS, the Investment Policy for Fiscal Year 2022 contains the City’s Collateral Policy which is required pursuant to Chapter 2257, Texas Government Code; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble of this Resolution are hereby declared true and correct. PART 2: That the City Council hereby approves the City’s Investment Policy, the City’s Collateral Policy, the City’s Broker/Dealer List and the City’s Investment Strategy for Fiscal year 2022, all of which is attached hereto as Exhibit “A” and made a part hereof. PART 3:That the City Council hereby approves the Other Post Employment Benefits (OPEB) Funding Policy which is attached hereto as Exhibit “B” and made a part hereof. PART 4: That the City Council of the City has completed its review of the investment policy and investment strategies, and any changes made to either the investment policy or investment strategy are recorded in Exhibit “C” hereto. PART 5: That the City Council hereby approves the designation of the Assistant City Manager or his Designee(s) as the Investment Officer of the City and authorizes the Investment Officer to carry out the responsibilities of investing the City’s funds consistent with the City’s Investment Policy. Page 101 of 300 Resolution No.________Page 2 of 48 PART 6:That this Resolution shall take effect immediately from and after its passage. ADOPTED this 9th day of September, A.D. 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 102 of 300 Resolution No. _________Page 3 of 48 EXHIBIT “A” Page 103 of 300 Resolution No. _________Page 4 of 48 Page 104 of 300 Resolution No. _________Page 5 of 48 Page 105 of 300 Resolution No. _________Page 6 of 48 Page 106 of 300 Resolution No. _________Page 7 of 48 Page 107 of 300 Resolution No. _________Page 8 of 48 Page 108 of 300 Resolution No. _________Page 9 of 48 Page 109 of 300 Resolution No. _________Page 10 of 48 Page 110 of 300 Resolution No. _________Page 11 of 48 Page 111 of 300 Resolution No. _________Page 12 of 48 Page 112 of 300 Resolution No. _________Page 13 of 48 Page 113 of 300 Resolution No. _________Page 14 of 48 Page 114 of 300 Resolution No. _________Page 15 of 48 Page 115 of 300 Resolution No. _________Page 16 of 48 Page 116 of 300 Resolution No. _________Page 17 of 48 Page 117 of 300 Resolution No. _________Page 18 of 48 Page 118 of 300 Resolution No. _________Page 19 of 48 Page 119 of 300 Resolution No. _________Page 20 of 48 Page 120 of 300 Resolution No. _________Page 21 of 48 Page 121 of 300 Resolution No. _________Page 22 of 48 Page 122 of 300 Resolution No. _________Page 23 of 48 Page 123 of 300 Resolution No. _________Page 24 of 48 Page 124 of 300 Resolution No. _________Page 25 of 48 Page 125 of 300 Resolution No. _________Page 26 of 48 Page 126 of 300 Resolution No. _________Page 27 of 48 Page 127 of 300 Resolution No. _________Page 28 of 48 Page 128 of 300 Resolution No. _________Page 29 of 48 Page 129 of 300 Resolution No. _________Page 30 of 48 Page 130 of 300 Resolution No. _________Page 31 of 48 Page 131 of 300 Resolution No. _________Page 32 of 48 Page 132 of 300 Resolution No. _________Page 33 of 48 EXHIBIT “B” Page 133 of 300 Resolution No. _________Page 34 of 48 Page 134 of 300 Resolution No. _________Page 35 of 48 Page 135 of 300 Resolution No. _________Page 36 of 48 Page 136 of 300 Resolution No. _________Page 37 of 48 Page 137 of 300 Resolution No. _________Page 38 of 48 Page 138 of 300 Resolution No. _________Page 39 of 48 Page 139 of 300 Resolution No. _________Page 40 of 48 Page 140 of 300 Resolution No. _________Page 41 of 48 Page 141 of 300 Resolution No. _________Page 42 of 48 Page 142 of 300 Resolution No. _________Page 43 of 48 Page 143 of 300 Resolution No. _________Page 44 of 48 Page 144 of 300 Resolution No. _________Page 45 of 48 Page 145 of 300 Resolution No. _________Page 46 of 48 Page 146 of 300 Resolution No. _________Page 47 of 48 Page 147 of 300 Resolution No. _________Page 48 of 48 EXHIBIT “C” RECORDED CHANGES TO INVESTMENT POLICY OR INVESTMENT STRATEGIES The following changes to the Investment Policy or Investment Strategies are as set forth below: 1.Adding the OPEB funding policy as Exhibit B to the Investment Policy. Page 148 of 300 September 9, 2021 Item No. 8.6. LCWWTP Expansion Change Order 4 Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding Change Order No. 4 in the amount of $50,789 to the construction contract with CSA Construction, Inc. for the Lick Creek Wastewater Treatment Plant Expansion project. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This change order includes the addition of three new bollards around the generator pad, instrumentation changes in the UV building, modifications to the wire count for the generator, a line- stop to isolate the existing aeration basin drain line, and a ramped concrete surface extension with wire channels at the UV north channel. Also included is additional work to remove and replace lighting in the existing blower building to avoid a conflict with discharge piping. Credit for the deletion of a 400-amp disconnect and deletion of lighting control panels at the secondary clarifiers is also included in the change order. A time extension of 75 days is also included in the change order for weather delays. Budget & Financial Summary: A total budget of $40,740,000 is included in the Wastewater Capital Improvements Projects Fund with $39,108,458 expended or committed to date, leaving a balance of $1,631,542 for this change order and future expenses. Attachments: 1.Change Order 4- revised Page 149 of 300 CHANGE ORDER NO. 4 DATE: 8/13/2021 Contract No.19300348 P.O.#: 19202649 PROJECT: Lick Creek Wastewater Treatment Plant Capacity Expansion OWNER:CONTRACTOR: City of College Station CSA Construction, Inc. P.O. Box 9960 2314 McAllister Road Ph: 713-686-8868 College Station, Texas 77842 Houston, TX 77092 Fax: 713-686-8889 PURPOSE OF THIS CHANGE ORDER: ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 1 Addition of bollards around Generator Pad 4,824.00$ 0 1 4,824.00$ 2 1 Instrumentation changes in the UV building 1,766.00$ 0 1 1,766.00$ 3 1 Deletion of 400A Disconnect 1,800.00$ 1 0 (1,800.00)$ 4 1 Blower Building lighting 15,726.00$ 0 1 15,726.00$ 5 1 Deletion of clarifier lighting contactors 2,050.00$ 1 0 (2,050.00)$ 6 1 Generator wiring 18,812.00$ 0 1 18,812.00$ 7 1 Aeration Basin Linestop 5,093.00$ 0 1 5,093.00$ 8 1 Walking Surface at North UV Channel 8,418.00$ 0 1 8,418.00$ -$ -$ TOTAL 50,789.00$ ALL ITEMS (WW1945495 / SPWOC - 6591)50,789.00$ TOTAL CHANGE ORDER 50,789.00$ ORIGINAL CONTRACT AMOUNT $34,092,795.00 CHANGE ORDER NO. 1 $29,189.00 0.1% CHANGE ORDER NO. 2 $26,106.00 0.1% CHANGE ORDER NO. 3 $132,489.00 0.4%CHANGE CHANGE ORDER NO. 4 $50,789.00 0.1% REVISED CONTRACT AMOUNT $34,331,368.00 0.7%TOTAL CHANGE ORIGINAL CONTRACT TIME 903 Days TIME EXTENSION NO. 3 75 Days REVISED CONTRACT TIME 978 Days SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED _____________________________________________________________________________________ A/E CONTRACTOR Date CHIEF FINANCIAL OFFICER Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date CITY ATTORNEY Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY MANAGER Date _____________________________________________________________________________________ CITY ENGINEER Date MAYOR Date _____________________________________________________________________________________ DEPARTMENT DIRECTOR Date CITY SECRETARY Date December 11, 2021 1. Addition of 3 new bollards around the generators and reuse of 2 each bollards per CP-029 2. Implemetation of instrumentation changes requested by the City in the UV building per RCP-021 and CP-031. 3. The disconnect at the Headworks Electrical Building will be eliminated because it is in conflict with the HVAC air return and presence of another disconnect in the distribution panel per CP-032. 4. Removal and replacement of the existing light fixtures inside the Blower building to avoid conflict with the Blower discharge piping per CP-033. 5. City requested to delete the lighting contactor control panels at the Secondary clarifers 3 & 4 per CP-034. 6. Modification of wire count for the Generator wire tag and utilzation of tinned conductors per CP-037 7. Use of a Linestop to isolate the existing aeration basin drain line to permit removal of existing valves and replace and replace with sleeves per CP-038. 8. Addition of remaped concrete surface extension with the wire channels for the UV channel 1 (north channel) to prevent to prevent them from being accidently pulled over per CP-039. 9. This change order also includes a time extention of 75 days. THE NET AFFECT OF THIS CHANGE ORDER IS A 0.7% INCREASE. September 27, 2021 Page 150 of 300 September 9, 2021 Item No. 8.7. Approval of the third renewal of an annual contract for Professional Auditing Services with BKD, LLP for an amount not to exceed $117,665. Sponsor:Michael Dehaven, Assistant Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action to approve the third renewal of an annual contract for Professional Auditing Services with BKD, LLP for an amount not to exceed $117,665. Relationship to Strategic Goals: Good Governance Financial Sustainability Sustainable City Recommendation(s): Staff respectfully recommends approving the third renewal of the annual contract with BKD, LLP for Professional Auditing Services. Summary: June 2018, staff solicited proposals for professional auditing services for the fiscal year ending September 30, 2018, with the option of renewing the contract annually for up to four (4) additional years. Upon completion of the evaluation, interview and scoring processes, the Audit Committee recommended BKD, LLP for award of contract which was approved by City Council on August 9, 2018. The audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office’s (GAO) Government Auditing Standards and the Uniform Guidance. Budget & Financial Summary: Funds are available and budgeted in the General Fund and in the Community Development budget. Attachments: 1.Contract 18300669R3 Page 151 of 300 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 18300669R3 N/A 18-089 Professional Auditing Services BKD, LLP 117,665.00 n n n n n n 3 Amendment No. 1 June 2018, staff solicited proposals for professional auditing services for FY ending September 30, 2018. Eight (8) proposals were received and upon completion of the evaluation and interview processes, BKD, LLP was recommended for award of contract. This is the second of four possible renewals. Funds are available and budgeted in the General Fund and in the Community Development budget. 7/30/2018 9/9/2021 N/A N/A N/A 8/25/2021 8/26/2021 8/26/2021 Page 152 of 300 RENEWAL 3 ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract 18300669 for Professional Auditing Services in accordance with the attached Consultant Engagement Letter and all terms and conditions previously agreed to and accepted for an amount not to exceed One Hundred Seventeen Thousand Six Hundred Sixty-Five and No/100 Dollars ($117,665.00). This amount includes a 5% increase to the engagement fees and a contingency amount of $20,540 to accommodate additional services if requested. I understand this renewal term will be for the period beginning September 10, 2021 through September 9, 2022. This is the third of four (4) one-year renewal options available. BKD, LLP CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date:________________ Date: APPROVED: By: City Attorney Date:________________ By: Assistant City Manager/CFO Date:________________ Partner 8/25/2021 Amanda Eaves 8/26/2021 8/26/2021 Page 153 of 300 August 20, 2021 Honorable Mayor Karl Mooney and Members of the City Council Mr. Bryan Woods, City Manager Mr. Jeff Kersten, Assistant City Manager City of College Station, Texas 1101 Texas Avenue College Station, Texas 77840 We are pleased to confirm the arrangements of our engagement and the nature of the services we will provide to City of College Station, Texas (the City). ENGAGEMENT OBJECTIVES AND SCOPE We will audit the basic financial statements of City of College Station, Texas as of and for the year ended September 30, 2021, and the related notes to the financial statements. Our audit will be conducted with the objectives of: ✓ Expressing an opinion on the financial statements ✓ Issuing a report on your compliance based on the audit of your financial statements. ✓ Issuing a report on your internal control over financial reporting based on the audit of your financial statements. ✓ Expressing an opinion on your compliance, in all material respects, with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Compliance Supplement that are applicable to each of your major federal award programs. ✓ Issuing a report on your internal control over compliance based on the audit of your compliance with the types of compliance requirements that are applicable to each of your major federal award programs. ✓ Issuing a report on your schedule of expenditures of federal awards. Page 154 of 300 City of College Station, Texas August 20, 2021 Page 2 OUR RESPONSIBILITIES We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GAAS), the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards require that we plan and perform: ✓ The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by fraud or error. ✓ The audit of compliance with the types of compliance requirements described in the OMB Compliance Supplement applicable to each major federal award program to obtain reasonable rather than absolute assurance about whether noncompliance having a direct and material effect on a major federal award program occurred. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to error or fraud. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance having a direct and material effect may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. In making our risk assessments, we consider internal control relevant to the City’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Also, in the future, procedures could become inadequate because of changes in conditions or deterioration in design or operation. Two or more people may also circumvent controls, or management may override the system. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terms and fees of such an engagement would be documented in a separate letter to be signed by you and BKD. Page 155 of 300 City of College Station, Texas August 20, 2021 Page 3 Amanda Eaves, Partner, is responsible for supervising the engagement and authorizing the signing of the report or reports. We will issue a written report upon completion of our audit of City’s financial statements. Our report will be addressed to the Mayor and City Council of College Station, Texas. You are responsible to distribute our reports to other officials who have legal oversight authority or those responsible for acting on audit findings and recommendations, and to others authorized to receive such reports. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis of matter or other matter paragraph(s), or withdraw from the engagement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you as well. In such circumstances, further arrangements may be necessary to continue our engagement. We will also express an opinion on whether the combining and individual fund statements and schedules, and budgetary comparison schedules (“supplementary information”) is fairly stated, in all material respects, in relation to the financial statements as a whole. YOUR RESPONSIBILITIES Our audit will be conducted on the basis that management OR, where appropriate, management and those charged with governance acknowledge and understand that they have responsibility: 1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. For the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; 3. For identifying and ensuring compliance with the laws, regulations, contracts and grants applicable to your activities including your federal award programs; and 4. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matters; b. Additional information that we may request from management for the purpose of the audit; and c. Unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence. Page 156 of 300 City of College Station, Texas August 20, 2021 Page 4 As part of our audit process, we will request from management OR, where appropriate, management and those charged with governance written confirmation acknowledging certain responsibilities outlined in this engagement letter and confirming: • The availability of this information • Certain representations made during the audits for all periods presented • The effects of any uncorrected misstatements, if any, resulting from errors or fraud aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole The results of our tests of compliance and internal control over financial reporting performed in connection with our audit of the financial statements may not fully meet the reasonable needs of report users. Management is responsible for obtaining audits, examinations, agreed-upon procedures or other engagements that satisfy relevant legal, regulatory or contractual requirements or fully meet other reasonable user needs. With regard to supplementary information: • Management is responsible for its preparation in accordance with applicable criteria • Management will provide certain written representations regarding the supplementary information at the conclusion of our engagement • Management will include our report on this supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements OTHER SERVICES We will provide you with the following nonattest service: • Formatting, printing and binding of the schedule of expenditure of federal awards and related notes We may, upon request, provide you with the following nonattest service: • Preparing a draft of the Comprehensive Annual Financial Report Page 157 of 300 City of College Station, Texas August 20, 2021 Page 5 In addition, we may perform other services for you not covered by this engagement letter. You agree to assume full responsibility for the substantive outcomes of the services described above and for any other services that we may provide, including any findings that may result. You also acknowledge that those services are adequate for your purposes and that you will establish and monitor the performance of those services to ensure that they meet management’s objectives. Any and all decisions involving management responsibilities related to those services will be made by you, and you accept full responsibility for such decisions. We understand that you will designate a management-level individual to be responsible and accountable for overseeing the performance of those services, and that you will have determined this individual is qualified to conduct such oversight. ENGAGEMENT FEES We have estimated the time required by our engagement and agree that our audit services fee will not exceed $97,125, which includes travel costs and an administrative fee of 4% to cover items such as copies, postage and other delivery charges, supplies, technology-related costs such as computer processing, software licensing, research and library databases and similar expense items. In addition, you will be billed fees for services from other professionals, if any. The fees above assume City has one major program to be audited in accordance with Uniform Guidance, our fee for additional major programs is approximately $8,540 each. Additional fees to assist with preparing a draft of the Comprehensive Annual Financial Report, if requested, will be $12,000. Our fees are based upon the understanding that your personnel will be available to assist us. Our estimate of time to perform our audit assumes your personnel are available to assist us without any substantial problems. Assistance from your personnel is expected to include: • Preparing audit schedules to support all significant balance sheet and certain other accounts • Responding to auditor inquiries • Preparing audit confirmation and other letters • Pulling selected invoices and other documents from files • Helping to resolve any differences or exceptions noted We will provide you with a detailed list of assistance and schedules required and the date such assistance and schedules are to be provided before the audit begins. All schedules should be provided in electronic form unless indicated otherwise. Page 158 of 300 City of College Station, Texas August 20, 2021 Page 6 Our timely completion of the audit depends on your timely and accurate schedule and analyses preparation and on the availability of your personnel to provide other assistance. If there are inaccuracies or delays in preparing this material, or if we experience other assistance difficulties that add a significant amount of time to our work, our fees will increase. Our fees do not consider additional efforts related to the SARS-CoV-2 virus and the incidence of COVID-19 environment and the impact of accounting and auditing issues such as going concern, other-than-temporary impairment of investments, collectability of receivables, inventory valuation, compliance with debt agreements, modification of lease terms and additional major programs subject to Single Audit. Such amounts will be billed based on time expended. Our pricing for this engagement and our fee structure is based upon the expectation that our invoices will be paid promptly. We will issue progress billings during the course of our engagement, and payment of our invoices is due upon receipt. Interest will be charged on any unpaid balance after 30 days at the rate of 10% per annum. Our engagement fee does not include any time for post-engagement consultation with your personnel or third parties, consent letters and related procedures for the use of our reports in offering documents, inquiries from regulators or testimony or deposition regarding any subpoena. Charges for such services will be billed separately. Our fees may also increase if our duties or responsibilities are increased by rulemaking of any regulatory body or any additional new accounting or auditing standards. If our invoices for this or any other engagement you may have with BKD are not paid within 30 days, we may suspend or terminate our services for this or any other engagement. In the event our work is suspended or terminated as a result of nonpayment, you agree we will not be responsible for any consequences to you. IMPLEMENTATION OF FIDUCIARY ACTIVITIES STANDARD Governmental Accounting Standards Board Statement No. 84, Fiduciary Activities, is effective for fiscal years beginning after December 15, 2019, with retrospective application in the year the update is first applied. The Statement is expected to significantly change how entities evaluate and report fiduciary activities. If the City would like to begin the process of preparing for the retrospective application of this Statement during the current year’s interim audit planning timeframe, BKD can assist you with this process. Assistance and additional time as a result of the adoption are not included within our standard engagement fees. Our fees as a result of the adoption of the Standard will be based on time expended and will vary based on the level of assistance and procedures required. We will need input and assistance from the accounting department throughout the process of implementation. Page 159 of 300 City of College Station, Texas August 20, 2021 Page 7 IMPLEMENTATION OF NEW LEASES STANDARD Governmental Accounting Standards Board Statement No. 87, Leases, is effective for reporting periods beginning after June 15, 2021. Early application is encouraged. Statement No. 87 establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right -to-use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources. Assistance and additional time as a result of the adoption of the Statement are not included within our standard engagement fees. Our fees as a result of the adoption of the Statement will be based on time expended and will vary based on the level of assistance and procedures required, which may include but are not limited to: • Assisting the City with the evaluation of its current controls and policies for leases and recommended enhancements needed to implement the Statement • Evaluating and documenting new and revised controls and policies for leases under the Statement • Assisting the City with the information gathering necessary to implement the Statement • Assisting the City with the evaluation of its current method for calculating and recognizing lease payments • Assisting the City with documenting changes from the previous method needed to implement the Statement • Assistance with drafting of the required disclosures The time it will take to perform the above assistance and our additional audit procedures relating to the adoption of the Statement, and any time to assist you with the adoption, may be minimized to the extent your personnel will be available to provide timely and accurate documentation and information as requested by BKD. OTHER ENGAGEMENT MATTERS AND LIMITATIONS BKD is not acting as your municipal advisor under Section 15B of the Securities Exchange Act of 1934, as amended. As such, BKD is not recommending any action to you and does not owe you a fiduciary duty with respect to any information or communications regarding municipal financial products or the issuance of municipal securities. You should discuss such information or communications with any and all internal or external advisors and experts you deem appropriate before acting on any such information or material provided by BKD. Page 160 of 300 City of College Station, Texas August 20, 2021 Page 8 Our workpapers and documentation retained in any form of media for this engagement are the property of BKD. We can be compelled to provide information under legal process. In addition, we may be requested by regulatory or enforcement bodies to make certain workpapers available to them pursuant to authority granted by law or regulation. You agree that we have no legal responsibility to you in the event we provide such documents or information. You agree to indemnify and hold harmless BKD and its personnel from any claims, liabilities, costs and expenses relating to our services under this agreement attributable to false or incomplete representations by management, except to the extent determined to have resulted from the intentional or deliberate misconduct of BKD personnel. You agree that any dispute regarding this engagement will, prior to resorting to litigation, be submitted to mediation upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The American Arbitration Association will administer any such mediation in accordance with its Commercial Mediation Rules. The results of the mediation proceeding shall be binding only if each of us agrees to be bound. We will share any costs of mediation proceedings equally. Either of us may terminate these services at any time. Both of us must agree, in writing, to any future modifications or extensions. If services are terminated, you agree to pay us for time expended to date. In addition, you will be billed travel costs and fees for services from other professionals, if any, as well as an administrative fee of 4% to cover items such as copies, postage and other delivery charges, supplies, technology-related costs such as computer processing, software licensing, research and library databases and similar expense items. If any provision of this agreement is declared invalid or unenforceable, no other provision of this agreement is affected, and all other provisions remain in full force and effect. This engagement letter represents the entire agreement regarding the services described herein and supersedes all prior negotiations, proposals, representations or agreements, written or oral, regarding these services. It shall be binding on heirs, successors and assigns of you and BKD. We may from time to time utilize third-party service providers, e.g., domestic software processors or legal counsel, or disclose confidential information about you to third-party service providers in serving your account. We remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information. In the event we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Page 161 of 300 City of College Station, Texas August 20, 2021 Page 9 You agree to assume full responsibility for maintaining your original data and records and that BKD has no responsibility to maintain this information. You agree you will not rely on BKD to provide hosting, electronic security or backup services, e.g., business continuity or disaster recovery services, to you unless separately engaged to do so. You understand that your access to data, records and information from BKD’s servers, i.e., BKDconnect, can be terminated at any time and you will not rely on using this to host your data and records. We will, at our discretion or upon your request, deliver financial or other confidential information to you electronically via email or other mechanism. You recognize and accept the risk involved, particularly in email delivery as the internet is not necessarily a secure medium of communication as messages can be intercepted and read by those determined to do so. You agree you will not modify these documents for internal use or for distribution to third parties. You also understand that we may on occasion send you documents marked as draft and understand that those are for your review purpose only, should not be distributed in any way and should be destroyed as soon as possible. The City may wish to include our report on these financial statements in an exempt offering document. The City agrees that the aforementioned auditor’s report, or reference to our firm, will not be included in any such offering document without notifying us. Any agreement to perform work in connection with an exempt offering document, including providing agreement for the use of the auditor’s report in the exempt offering document, will be a separate engagement. Any exempt offering document issued by the City with which we are not involved will clearly indicate that we are not involved by including a disclosure such as, “BKD, LLP, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. BKD, LLP, also has not performed any procedures relating to this offering document.” You agree to notify us if you desire to place these financial statements or our report thereon along with other information, such as a report by management or those charged with governance on operations, financial summaries or highlights, financial ratios, etc., on an electronic site. You recognize that we have no responsibility as auditors to review information contained in electronic sites. Any time you intend to reference our firm name in any manner in any published materials, including on an electronic site, you agree to provide us with draft materials for our review and approval before publishing or posting such information. BKD is a registered limited liability partnership under Missouri law. Under applicable professional standards, partners of BKD, LLP have the same responsibilities as do partners in a general accounting and consulting partnership with respect to conformance by themselves and other professionals in BKD with their professional and ethical obligations. However, unlike the partners in a general partnership, the partners in a registered limited liability partnership do not Page 162 of 300 City of College Station, Texas August 20, 2021 Page 10 have individual civil liability, directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to the registered limited liability partnership or each other, whether arising in tort, contract or otherwise. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. As required by Chapter 2270, Texas Government Code, we represent that we do not boycott Israel and will not boycott Israel through the term of this engagement. For purposes of this representation, “boycott Israel” means refusing to deal with, terminating business activities with or otherwise taking any action that is intended to penalize, inflict economic harm on or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Please sign and return the attached copy of this letter to indicate your acknowledgement of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. If the signed copy you return to us is in electronic form, you agree that such copy shall be legally treated as a “duplicate original” of this agreement. BKD, LLP Acknowledged and agreed to on behalf of City of College Station, Texas BY Honorable Mayor Karl Mooney DATE BY Mr. Jeff Kersten, Assistant City Manager DATE 8/26/2021 Page 163 of 300 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/20/2021 (270) 781-2020 (270) 843-8808 20281 BKD, LLP Attn: Scott Henderson 910 E St Louis Street Springfield, MO 65806 22357 20303 A 1,000,000 3580-17-35 9/30/2020 9/30/2021 1,000,000 Per Loc Agg 10,000 1,000,000 2,000,000 Included X Blanket Additional Insured EMPL BENEFIT CL 1,000,000A 7498-28-67 9/30/2020 9/30/2021 30,000,000A 7980-86-57 9/30/2020 9/30/2021 30,000,000 0 B 33WBBZ4435 9/30/2020 9/30/2021 1,000,000 1,000,000 1,000,000 A Property 3580-17-35 9/30/2020 All Risk Special C Foreign Liabilty 7351-42-06 9/30/2020 9/30/2021 General Aggregate 2,000,000 The certificate holder, its officials, employees and volunteers are listed as additional insured on a primary and non-contributory basis in regard to General Liability and Auto as required by written contract. A waiver of subrogation applies in favor of the certificate holder to the General Liability, Auto & Workers Comp. as required by written contract and applicable by law. There is no deductible for the General Liability. BKD, LLP’s property coverage is on special form and is replacement cost with a deductible of $5,000. City of College Station Risk Management Department P. O. Box 9960 College Station, TX 77842 BKDLLP-C01 CMCGUFFEY Van Meter Insurance Group Houchens Insurance Group 1240 Fairway Street Bowling Green, KY 42103 policy@higusa.com Federal Insurance Company Hartford Accident and Indemnity Company Great Northern Insurance Company X 9/30/2021 X X X X X X X X X X Page 164 of 300 Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 08/23/2021 BKD, LLP 910 E. St. Louis Street, Suite 400 Springfield, MO 65806 31127 Columbia Casualty Company Professional Liability ABF-128572014 01/01/2021 01/01/2022 $10,000,000 per claim; $10,000,000 annual aggregate $3,000,000 SIR applies per policy terms and conditions. City of College Station, Texas Risk Management PO Box 9960 College Station, TX 77842 A Page 165 of 300 September 9, 2021 Item No. 8.8. Game Day Traffic Control Plan Cost-Share Interlocal Agreement Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a five year Interlocal Agreement with Texas A&M University to equally share the costs of traffic control device deployment per the Texas A&M Post Football Game Traffic Control Plan with anticipated annual reimbursements of $57,000 from Texas A&M. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Diverse and Growing Economy 3. Improving Mobility Recommendation(s): Staff recommends execution of the ILA. Summary: As part of the partnership between the Texas A&M University System, City of College Station, and other local agencies to develop a comprehensive game day traffic plan, staff from the Texas A&M University Transportation Institute and the City of College Station have developed a traffic control plan to efficiently move traffic after each TAMU football game. Funds for deploying this plan by a contractor have annually been appropriated in the Public Works Street Division budget. Through the partnership that has developed, TAMU has agreed to cover one-half of the total deployment cost, up to $57,000 annually. This ILA codifies the financial participation agreement. Budget & Financial Summary: Funds has been included in the both the FY21 and FY22 budgets for the cost of a contractor to deploy the traffic control devices per the traffic control plan. As outlined in the ILA, Texas A&M will reimburse the City one-half of the total deployment cost, up to $57,000 annually. Attachments: 1.CS TAMU TRAFFIC CONTROL ILA 8-3-21 2.Exhibit A - 2021 TAMU Gameday TCP Page 166 of 300 Contract # 21300659 TAMU and City of College Station Page 1 of 10 Traffic Control Plan Cost Participation ILA INTERLOCAL AGREEMENT BETWEEN TEXAS A&M UNIVERSITY AND CITY OF COLLEGE STATION FOR THE TEXAS A&M UNIVERSITY FOOTBALL GAME DAY TRAFFIC CONTROL PLAN PARTICIPATION This Agreement is, by and between the City of College Station, a Texas home-rule municipal corporation (“City”), and Texas A&M University, an agency of the State of Texas (“TAMU”); and WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes the City and the TAMU to enter into this Agreement; and WHEREAS, on June 12, 2014 the College Station City Council approved the Interlocal Agreement with TAMUS for $35,000 to work other community partners to evaluate and develop improved means of getting motorists to their next destination after the football game, not only to meet the desires and expectations of the fans, but also to more quickly relieve the congestion on the roadways and minimize the impacts on the local residents; and WHEREAS, an objective of the game day traffic study was to establish a new Go With the Green Plan which is a traffic control plan to move game day motorists to their next destination as quickly and efficiently as possible; and WHEREAS, the City and TAMU used this study and knowledge of post-game traffic flow to develop the Texas A&M Football Post Game Traffic Control Plan; and WHEREAS, the College Station City Council annually approves funds to be included in the Public Works Street Division account for the deployment of traffic control devices by a contractor in the accordance with the Texas A&M Football Post Game Traffic Control Plan; and WHEREAS, the intent of this Agreement is the City and TAMU equally sharing the costs and future costs to implement the Traffic Control Plan and for the purpose of fulfilling the competitive purchasing requirements of Texas Local Government Code; and WHEREAS, the City and TAMU represent that each is independently authorized to perform the functions and obligations contemplated in this Agreement; now, therefore; For and in consideration of the recitations above and the promises and covenants herein expressed, the parties hereby agree as follows: Page 167 of 300 Contract # 21300659 TAMU and City of College Station Page 2 of 10 Traffic Control Plan Cost Participation ILA I. DEFINITIONS 1.1 Traffic Control Plan is the Texas A&M Football Post Game Traffic Control Plan developed for the roadways in College Station where post-football game traffic exiting the area will be given priority, and where temporary traffic control devices are placed on these roads to increase the mobility of the corridors as defined in Exhibit “A” which is the first two pages of the traffic control plan document that shows the locations, deployment and removal procedures, and estimated duration temporary traffic operations. 1.2 City or College Station is the City of College Station, a Texas home rule municipal corporation whose principal office is located at 1101 Texas Avenue, College Station, Texas 77840. 1.3 TAMU is a member of The Texas A&M University System, an agency of the State of Texas, whose principal office is located at Transportation Services, 702 University Dr. E, Bldg. E, College Station, Texas 77840. 1.4 Effective Date is the date on which this Agreement is executed by the last party shall be the date this Agreement goes into effect. II. TAMU’S COST PARTICIPATION 2.1 Agree to Participate. TAMU agrees to participate annually in the deployment costs of the Traffic Control Plan in the lesser amount of: a.The amount of one-half (1/2) of the total deployment costs for the Traffic Control Plan per year, or b.The total TAMU participation not to exceed fifty-seven thousand dollars ($57,000) per year. 2.2 Application for Payment. The City will send TAMU an application for payment within thirty (30) days after the last home TAMU football game scheduled for each season. The City shall provide TAMU with reasonable documentation of the deployment costs upon request. 2.3 Time of Payment. After receipt of the applications for payment, TAMU agrees that it will pay the City within thirty (30) days of receipt of the payment applications. III. CITY’S RESPONSIBILITIES 3.1 Competitively Bid. The City will competitively bid and award the Traffic Control Plan project according to the Texas Local Government Code, to a qualified contractor to place temporary traffic control devices according to the Traffic Control Plan. The City shall lawfully Page 168 of 300 Contract # 21300659 TAMU and City of College Station Page 3 of 10 Traffic Control Plan Cost Participation ILA process and prepare bids, proposals and request for qualifications and other procurement activity as may be required for the procurement Traffic Control Plan implementation or related activities. 3.2 Project Manager. The City will serve as project manager for the contract for the implementation of the Traffic Control Plan. IV. GOVERNMENTAL IMMUNITY AND RELEASE 4.1 TAMU is an agency of the State of Texas and City is a political subdivision of the State of Texas, and both enjoy governmental immunity. By entering into this Agreement, neither TAMU nor City consents to suit, the waiver of the respective governmental immunity or the waiver of limitation as to damages under the Texas Tort Claims Act. 4.2 The City and TAMU each, to the extent permitted by law, individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney’s fees, for injury or death of any person, for damage to any property, arising out of or in connection with the obligations pursuant to this Agreement, except to the extent that any such claim, loss, damage, cause of action, suit, or liability arises from the negligence or willful misconduct of the party to be held harmless. V. GENERAL PROVISIONS 5.1 Term and Termination. The initial term of this Agreement is for one (1) year after the Effective Date. This Agreement will automatically renew for four (4) consecutive one (1) year terms after the Effective Date for a total of five (5) years. Either party may terminate this Agreement for cause or convenience with sixty days written notice to the other party. 5.2 Amendments. 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. a. The City Manager is delegated the authority to amend Exhibit “A” in writing. 5.3 Choice of Law and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas. 5.4 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. The person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of TAMU represents that he or she is authorized to sign on behalf of TAMU and agrees to provide proof of such authorization to the City upon request. Page 169 of 300 Contract # 21300659 TAMU and City of College Station Page 4 of 10 Traffic Control Plan Cost Participation ILA 5.5 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 5.6 Notice. Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed or sent by electronic transmission confirmed by mailing written confirmation at substantially the same time as such electronic transmission, or personally delivered to an officer of the receiving party at the following addresses below. Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the party. Texas A&M University Transportation Services 702 University Dr. E, Bldg E College Station, Texas 77840 With copies to: Department of Contract Administration 1182 TAMU College Station, TX 77843-1182 contracts@tamu.edu City of College Station City Traffic Engineer P. O. Box 9960 College Station, TX 77842 trother@cstx.gov With copies to: City Manager PO Box 9960 College Station, TX 77842 5.7 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 5.8 Entire Agreement. It is understood that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 5.9 Multiple Originals. It is understood and agreed this Agreement may be executed in a number of identical counter parts, each of which shall be deemed an original for all purposes. Page 170 of 300 Contract # 21300659 TAMU and City of College Station Page 5 of 10 Traffic Control Plan Cost Participation ILA TEXAS A&M UNIVERSITY CITY OF COLLEGE STATION By:By: Mayor Printed Name: Date: ________________ Title: Date: _________________________ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ Page 171 of 300 Contract # 21300659 TAMU and City of College Station Page 6 of 10 Traffic Control Plan Cost Participation ILA EXHIBIT “A” TRAFFIC CONTROL PLAN Page 172 of 300 Contract # 21300659 TAMU and City of College Station Page 7 of 10 Traffic Control Plan Cost Participation ILA Page 173 of 300 Contract # 21300659 TAMU and City of College Station Page 8 of 10 Traffic Control Plan Cost Participation ILA Page 174 of 300 Contract # 21300659 TAMU and City of College Station Page 9 of 10 Traffic Control Plan Cost Participation ILA Page 175 of 300 Contract # 21300659 TAMU and City of College Station Page 10 of 10 Traffic Control Plan Cost Participation ILA Page 176 of 300 In partnership between: INDEX OF SHEETS 1.Title Sheet 2A. General Notes & Deployment Plan 2B. Removal Plan 3.Specifications 4A. Wellborn Road at University Drive 4B. Wellborn Road at University Drive 5.Wellborn Road at George Bush Drive 6.Wellborn Road at Fidelity Street 7.Wellborn Road at Luther Street 8.Wellborn Road at Holleman Drive 9.Wellborn Road at Southwest Parkway 10. Wellborn Road at FM 2818 north intersection 11. Wellborn Road at FM 2818 south intersection 12. George Bush Drive at Olsen Blvd 13. George Bush Drive at Penberthy Drive 14. Luther Street at Penberthy Drive 15. George Bush Drive at Barbara Bush Drive 16. FM 2818 at Raymond Stotzer Pkwy 17. FM 2818 at George Bush Drive 18. FM 2818 at Luther Street 19. FM 2818 at west of Holleman Drive 20. FM 2818 at Holleman Drive 21. Texas Avenue at Deacon Drive 22. Wellborn Road at George Bush Drive Modification 23. Wellborn Road at Southwest Parkway Modification 24. – 37. TxDOT Standard Sheets Texas A&M Football Post Game Traffic Control Plan SHEET 1 Page 177 of 300 General Notes 1.Necessary Operational Procedures: a.Premark locations of traffic control devices with water based paint and maintain as needed. It is anticipated that most markings will not need to be remarked. b.Traffic control devices included in this contract shall be picked up at the Public Works Operations Center on King Cole Drive before each TAMU football game. Pick-up times shall be coordinated with the Streets Manager or their designee. c.Traffic control devices shall be deployed in accordance with the provided Deployment Plan. Any modifications to the plan must be discussed in advance and approved by the City. d.Traffic control devices included in the plans may be staged, but not deployed until the start of the second quarter of the football game. This means that devices shall not be placed in the roadway and signs shall not be visible to traffic until the start of the second quarter of the football game. (One exception is noted at Texas/Deacon). e.Set-up cones, panels, and barricades in accordance with Traffic Control Plan. f.Set-up temporary signs called out in the Traffic Control Plan. g.All temporary traffic control devices (except those to be placed in a signalized intersection) shall be in place and ready for post-game traffic operations by the beginning of the fourth quarter of the TAMU football game. Traffic control devices to be placed in a signalized intersection are to be placed per the plans once the traffic signal is in a flashing operation or a City of College Station representative provides direction to do so. The intersections of George Bush/Wellborn Road, George Bush/Olsen Blvd and FM 2818/Holleman Drive shall not have traffic control devices placed in the intersection until a College Station Police Officer arrives and provides the direction to do so. h.All temporary traffic control devices shall remain in place and maintained by the contractor until notified by a College Station representative, typically the College Station Police Officer in- charge of the post football game traffic operations. It is anticipated that removal of the devices will begin 2 hours after the football game ends; however, this is an estimate for informational purposes only and does not restrict or limit the City of College Station representative’s decision regarding the duration of the post football game traffic operations. i.All temporary traffic control devices will be removed when instructed in an orderly manner in accordance with the provided Removal Plan. Any modifications to the plan must be discussed in advance and approved by the City. j.All traffic control devices included in this contract shall be picked up and returned to the Public Works Operations Center on King Cole Drive after each TAMU football game. Drop-off times shall be coordinated with the Streets Manager or his designee. 2.All traffic control signs and devices shall be placed and installed in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and TxDOT Traffic Engineering Standard Sheets for Barricade and Construction Standards. Sign Designs sheet shows the design formation for the Dual Right Turn sign, Left and Right Only sign, Bus Only Lane sign, Right Turn Only sign and U Turn sign. 3.Any variations to the traffic control plan shall be approved by the City Traffic Engineer. 4.Contractor shall provide at least limited access to all businesses and residences along roadway at all times.SHEET 2bSHEET 2A General Notes (cont.) 5.Unless specified elsewhere in the plans, all signs shall be the standard size for conventional roads, per the TMUTCD. 6.All Portable Changeable Message Signs (PCMS) will be deployed, activated, deactivated, and returned to the Public Works Operations Center by Public Works employees. These plans do not include the need of the contractor’s forces to assist or be responsible for the PCMS. 7.Contractor will be required to provide radios to communicate with personnel as well as with the City. 8.Contractor shall follow the provided plan unless directed otherwise by the Incident Commander, Streets Manager, or City Traffic Engineer. 9.Contractor shall stage vehicles in locations specified in the plans or as directed by the City during the pre-deployment meeting. Deployment Plan Texas @ Deacon Close off turn lane at start of game. West Luther @ FM 2818 (half time) •Close left turn lane from westbound W. Luther •Close left turn lane from NB FM 2818 •Close left turn lane from SB FM 2818 leaving gap in cones for bus to turn left. West Luther @ Penberthy •Close NB Penberthy at West Luther at the start of the 3rd quarter. Penberthy @ Lot 63 driveway •Close northbound Penberthy at the start of the 3rd quarter and deploy barricades across portion of southbound Penberthy at start of 4th quarter. FM 2818 @ Stotzer Parkway (half time) •Close northbound exit ramp to Stotzer •Close ramp from WB Stotzer to SB FM 2818 (if needed – this is a game-to-game decision) FM 2818 @ Holleman South •All traffic control devices will be placed at the beginning of the 4th quarter with officers on site. Wellborn Rd. @ University (half time) •Close exit ramp from eastbound University. •Close exit ramp from northbound Wellborn to eastbound University •Close left turn lane from southbound Wellborn to eastbound University Page 178 of 300 Deployment Plan (cont.) Wellborn Road Start placing traffic control devices on Wellborn Rd. at FM 2818 going north at the beginning of the second quarter. All devices are to be deployed and ready for operation when traffic control at George Bush/Wellborn Road is activated and officers are ready to move traffic. Holleman @ Wellborn Stage all traffic control devices and wait until 4th quarter to deploy. George Bush Drive: The details below are designed to allow transit operations to continue during all portions of the deployment operation; the order and timing of intersection closing is important. Median Openings of George Bush between Olsen Blvd and Barbara Bush Drive •Median openings at Barbara Bush and the Pearce Pavilion can be closed at half time. •Median opening at Reed House can be closed just before Penberthy closure George Bush @ FM 2818 •Stage all traffic control devices and wait until 4th quarter to close off intersection. Stage all traffic control devices at Penberthy, Olsen and Marion Pugh intersections and wait until 4th quarter. City of College Station Public Works, in coordination with Texas A&M Transportation will make decision to deploy remaining George Bush traffic control and George Bush/Wellborn intersection at some time during 4th quarter. When decision is made: 1.Close George Bush @ FM 2818 2.Close George Bush median opening at Reed House 3.Close Olsen Blvd – set up dual right turn from southbound Olsen to westbound George Bush; allow any westbound George Bush traffic to proceed west. Officers must be at the Olsen and Marion Pugh intersections before being closed. 4.Set up Marion Pugh intersection and two-way flow to Callaway House a.Texas A&M Transit will continue normal operations until beginning of Step 5; buses will wait in westbound George Bush curb lane 5.George Bush @ Penberthy •Close Penberthy median opening. 6.Begin George Bush contraflow operations – VIP traffic (only) allowed across railroad tracks on westbound George Bush and moves to eastbound Bush Drive roadway at Olsen Blvd intersection. George Bush @ Wellborn Rd. Stage all traffic control devices and wait until 4th quarter. Officers must be at the intersection before closing. City of College Station Public Works, in coordination with Texas A&M Transportation will make decision to deploy George Bush/Wellborn intersection traffic control at some time during 4th quarter. As noted by the arrow on the plan sheet, there will be eastbound and westbound bus only lanes along George Bush Drive. The eastbound bus only lane will cross between the cones used to delineate the southbound Wellborn Road travel lanes through the intersection. The two cones on either side of the eastbound bus only lane need to be spaced 10 ft apart. The remainder of the cones are to be spaced per the plan sheet. Center of George Bush median to be closed at halftime, close everything along the center of George Bush Dr. Penberthy intersection will be the exception, and left open until the beginning of the 4th quarter. Removal Plan While it is not required, it is anticipated that 3 to 4 crews will be needed to quickly pick up the traffic control devices. Below is the plan for picking up the traffic control devices. Alternatives for more efficient methods of picking up the traffic control devices must be submitted to the City for approval. However, the pick-up of the traffic control devices does not start until the City of College Station representative provides the instruction to do so. A contractor representative should be with the College Station representative, or at least be available by radio to receive the go ahead to begin the pickup process. Crew #1 A crew should start picking up the traffic control devices at the Wellborn Road and University Drive intersection, then travel to the Stotzer Blvd/FM 2818 interchange to pick up grabber cones at the westbound to southbound FM 2818 ramp. Then, work down to the northbound FM 2818 exit ramp to FM 60 and pick up the devices. After this area has been picked up, the crew can pick up the traffic control devices at the FM 2818/Luther intersection followed by the Luther/Penberthy intersection. The crew should continue north on Penberthy picking up the traffic control devices along the way. If needed, this crew can assist Crew #3 in picking up the devices along George Bush, but only after Crew #3 arrives at the George Bush/Penberthy intersection. Crews #2 & #3 Two crews should be ready to start picking up the traffic control devices at the Wellborn Road and George Bush intersection because you will need to be able to clear the intersection within 7 minutes after receiving the go ahead from the College Station representative at the intersection. The crew will remove the traffic control devices on the north intersection leg. Then College Station Police Officers will shut down the intersection by stopping all traffic approaching the intersection. The crews will have 2 minutes to pick up the devices between the two southbound travel lanes through the intersection and on the south leg. After this, the southbound traffic will be released to proceed through the intersection toward FM 2818. During the time between minutes 2 and 7, Crew #2 will finish picking up the traffic control devices in the intersection. Crew #2 will then move to the east side of the intersection while officers allow Bush traffic to turn from westbound to southbound for a few minutes. Crew #2 will then pick up devices on east side of intersection while officers hold George Bush traffic. Crew #3 begins picking up the traffic control devices on the west leg of George Bush between Wellborn Road and Olsen Drive (Crew 3 needs to be positioned on George Bush, west of Wellborn Road and out of the intersection before the 2 minutes have expired). Note, the barricades at the track for westbound traffic shall stay in place until all of the traffic control devices between Wellborn Road and Olsen Drive have been picked up – a member of Crew #3 can circle back to pick up these devices before rejoining the crew to pick up the remaining traffic control devices on George Bush Drive. Crew #2 Will continue picking up the devices on Wellborn Road toward FM 2818. Once this crew is south of the Bush/Wellborn intersection (at the end of 7 minutes), the traffic on George Bush will be released and allowed to turn onto southbound Wellborn Road toward FM 2818 and signals will return to normal operation. Crew #3 Will then drive west in the eastbound lanes (counter flow) and remove traffic control at Penberthy/George Bush intersection. Crew #3 will continue westbound in the eastbound lanes and remove traffic control at Reed House and Barbara Bush median opening. Crew #3 will continue west in the eastbound George Bush lanes (still traveling counter flow) to the George Bush/FM 2818 intersection and remove devices. Crew #3 will return eastbound in the (now open) eastbound lanes to pick up traffic control at the Pearce Pavilion median. Crew #4 This crew should start on the east side of the Wellborn Road and Holleman intersection picking up the traffic control devices and move to the west side. They will then travel to the FM 2818/Holleman Drive intersection to pick up the traffic control devices there. After completing these areas, the crew can remove the traffic control devices at the Texas Ave/Deacon Dr. intersection. SHEET 2B Page 179 of 300 September 9, 2021 Item No. 9.1. Budget Amendment 4 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $570,000. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action on Budget Amendment 4 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $570,000. Relationship to Strategic Goals: 1. Good Governance 2. Financial Sustainability 3. Core Services and Infrastructure Recommendation(s): Staff recommends the City Council approve Budget Amendment #4. Summary: 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 expenditures and after holding a public hearing on such budget amendment. The proposed budget amendment is to increase the FY21 budget appropriations by $570,000 primarily because of additional expenses related to pool damage from Winter Storm Uri and an increase in roadway repair costs. Revenue related to the increase in Sales Tax, Hotel Occupancy Tax, and the receipt of the ARPA Grant Funds are also included in this budget amendment. Attached is a summary with a complete description of the items included on the proposed budget amendment. This amendment does not include any interfund transfers. Budget & Financial Summary: The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The attached summary has the complete description of the items included on the proposed budget amendment and a description of the interfund transfers. If approved, the net revised budget appropriations will be $372,582,045. Attachments: 1.FY21 BA#4 2.FY21 Budget Amendment _4 Ordinance Page 180 of 300 Exhibit A – FY21 Budget Amendment #4 Detail Listing 1.Sales Tax Revenue - $7,000,000 (Budget Amendment) This item will adjust the General Fund Sales Tax revenue budget to reflect actual FY21 receipts. 2.HOT Tax Revenue - $1,800,000 (Budget Amendment) This item will adjust the HOT Fund revenue budget to reflect actual FY21 receipts. 3.ARPA Funds Receipt $14,739,163 (Budget Amendment) This item will increase the revenue budget in the Federal Relief Fund to recognize the receipt of American Recovery Plan Act funds. The City is working towards identifying qualifying expenses in order to retain the funds, which must be incurred before December 2024. 4.Electric Cash for Capital $12,500,000 (REDUCTION – Budget Amendment) Due to the financial impact of Winter Storm Uri, the Electric fund funded FY21 Electric capital expenses via Certificates of Obligation and not cash; therefore eliminating the need for this transfer. 5.Parkland - $320,000 (Budget Amendment) Parkland Dedication funds are appropriated as received and projects are identified. Since the prior Budget Amendment, additional projects were identified in Zone 13 and Community Zone A/B. This item will appropriate budget in those Zones to expend existing funds on eligible Parkland Zone capital improvement projects. 6.Roadway Maintenance Fund $250,000 Budget Amendment This amendment will allow the completion of in-progress roadway maintenance. There is available fund balance to cover this amendment. Page 181 of 300 ORDINANCE NO. _________ AN ORDINANCE (BUDGET AMENDMENT #4) AMENDING ORDINANCE NO. 2020-4206 WHICH WILL AMEND THE BUDGET FOR THE 2020-2021 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on August 27, 2020, the City Council of the City of College Station, Texas, adopted Ordinance No. 2020-4206 approving its Budget for the 2020-2021 Fiscal Year; and WHEREAS, on January 14, 2021, the City Council of the City of College Station, Texas, adopted Ordinance No. 2021-4236 (Budget Amendment #1) amending its Budget for the 2020-2021 Fiscal Year; and WHEREAS, on March 25, 2021, the City Council of the City of College Station, Texas, adopted Ordinance No. 2021-4249 (Budget Amendment #2) amending its Budget for the 2020-2021 Fiscal Year; and WHEREAS, on July 8, 2021, the City Council of the City of College Station, Texas, adopted Ordinance No. 2021-4273 (Budget Amendment #3) amending its Budget for the 2020-2021 Fiscal Year; and WHEREAS this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, 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 Ordinance No. 2020-4206 is hereby amended by amending the 2020-2021 Budget adopted thereto by a net amount of $570,000 as further detailed in Exhibit A attached hereto and incorporated herein for all purposes. PART 2: That this Budget Amendment #4 shall be attached to and made a part of the 2020-2021 Budget. PART 3:That except as amended hereby, Ordinance No, 2020-4206 shall remain in effect in accordance with its terms. PART 4:That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this _________ day of __________________________2021 ATTEST: APPROVED: ____________________________________________________________ City Secretary Mayor APPROVED: _________________________ City Attorney Page 182 of 300 September 9, 2021 Item No. 9.2. The Morgan Rector League, Abstract 46 – Stasny Lane ROW Abandonment Sponsor:Anthony Armstrong Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding approving an ordinance vacating and abandoning a 0.260 acre, 40-foot wide Stasny Lane right-of-way, said right-of-way lying approximately a quarter mile south of the intersection of Raintree Drive and Earl Rudder Freeway S Frontage Road East according to the conveyance deed recorded in Volume 103, Page 576, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services & Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval. Summary: The right-of-way (ROW) abandonment is being requested by the applicant as a result of a desired change in the lot layout in this area. This originally conveyed ROW is no longer needed as a street, was never constructed in the area, and a standard public utility easement will suffice for the needs of the City’s electrical infrastructure located in this area. The 0.260 acre ROW is located south of the intersection of Raintree Drive and Earl Rudder Freeway S Frontage Road East, in between the Providence Park and A&M Church of Christ properties. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 183 of 300 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.260 ACRE PORTION OF THE 40-FOOT WIDTH RIGHT OF WAY OF STASNY LANE, SAID PORTION LYING WITHIN THE MORGAN RECTOR LEAGUE, ABSTRACT 46, ACCORDING TO THE CONVEYANCE DEED RECORDED IN VOLUME 103, PAGE 576 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.260 acre portion of the 40–foot width Right-of-Way of Stasny Lane, said portion lying within the Morgan Rector League, Abstract 46, according to the conveyance deed recorded in Volume 103, Page 576, of the Deed Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “Right-of-Way”); and WHEREAS, in order for Right-of-Way to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Right-of-Way described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Right-of-Way will not result in property that does not have access to public roadways or utilities. 2.Other than as set forth herein, there is no public need or use for the Right-of-Way; 3.Except as may be provided for in this ordinance, there is no anticipated future public need or use for the Right-of-Way; 4.As set forth in this ordinance, abandonment of the Right-of-Way will not impact access for all public utilities to serve current and future customers; Page 184 of 300 ORDINANCE NO. ____________Page 2 of 2 5.Utility infrastructure exists within the Right-of-way and the City has a continuing need for currently remaining public utilities to remain within the Right-of-way, and said uses are expressly not abandoned herein; and PART 2:That the Right-of-Way as described in Exhibit “A” be abandoned and vacated by the City only upon completion of the following conditions: 1.The City shall retain a blanket public utility easement over the entire property until such time that the Applicant, conveys by separate instrument or plat to the City a public utility easement at the location of the electrical utilities, in a form acceptable to the City. PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: _________________________________________________________ City Secretary Mayor APPROVED: ____________________________ City Attorney Page 185 of 300 Page 186 of 300 Page 187 of 300 Page 188 of 300 Page 189 of 300 Page 190 of 300 Page 191 of 300 Page 192 of 300 Page 193 of 300 Page 194 of 300 Page 195 of 300 Page 196 of 300 Application for Abandonment of a Public Right-of-Way/Easement Location: EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 3/18 Page 4 of 8 40' ROW of Stasny Lane the Morgan Rector League, Abstract 46 Page 197 of 300 Page 198 of 300 Page 199 of 300 EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above- mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. Application for Abandonment of a Public Right-of-Way/Easement Location: 3/18 Page 5 of 8 40' ROW of Stasny Lane Page 200 of 300 Page 201 of 300 Page 202 of 300 Page 203 of 300 Page 6 of 8 3/18 Application for Abandonment of a Public Right-of-Way/Easement Location: 40' ROW of Stasny Lane EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Kevin Moseley Title: OSP Engineering SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: Page 204 of 300 Page 205 of 300 Application for Abandonment of a Public Right-of-Way / Easement Location: 2501 Earl Rudder Freeway South College Station, TX 77840 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 206 of 300 EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: Application for Abandonment of a Public Right-of-Way/Easement Location: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 3/18 Page 8 of 8 40' ROW of Stasny Lane Print Form Page 207 of 300 September 9, 2021 Item No. 9.3. 2501 Early Rudder Fwy. South – Public Utility and Electrical Easements Abandonment Sponsor:Anthony Armstrong Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding approving an ordinance vacating and abandoning a 0.158 acre portion of a 15-foot wide public utility easement, a 0.175 acre portion of a 15-foot wide public utility easement, and a 0.110 acre portion of a 20-foot wide electrical easement, said easements lying within the Science Park Subdivision located at 2501 Earl Rudder Fwy. South according to the plat recorded in Volume 14497, Page 239 and Volume 15012, Page 248 of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services & Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval. Summary: The three easements are being requested to be abandoned as the infrastructure located within these easements is no longer present or necessary. The two public utility easements being abandoned do not reflect the current location of the City waterline infrastructure, and the infrastructure within the electrical easement is being relocated to accommodate future development. A blanket easement currently covers the entire Science Park Subdivision apart from the Verabank property (Lot 3A, Block 1). The easements are located in three locations surrounding the Westinghouse building in the Science Park (Providence Park) Subdivision located at 2501 Earl Rudder Fwy. South. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 208 of 300 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.158 ACRE PORTION OF THE 15-FOOT WIDE PUBLIC UTILITY EASEMENT, A 0.175 ACRE PORTION OF A 15-FOOT WIDE PUBLIC UTILITY EASEMENT AND A 0.110 ACRE PORTION OF A 20-FOOT WIDE ELECTRICAL EASEMENT, SAID PORTIONS LYING WITHIN THE SCIENCE PARK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 14497, PAGE 239 AND VOLUME 15012, PAGE 248 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of a 0.158 acre portion of a 15-foot wide public utility easement, a 0.175 acre portion of a 15-foot wide public utility easement, and a 0.110 acre portion of a 20-foot wide electrical easement said easements lying within the Science Park Subdivision located at 2501 Earl Rudder Fwy. South according to the plat recorded in Volume 14497, Page 239 and Volume 15012, Page 248, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 209 of 300 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 210 of 300 Page 211 of 300 Page 212 of 300 Page 213 of 300 Page 214 of 300 Page 215 of 300 Page 216 of 300 Page 217 of 300 Page 218 of 300 Page 219 of 300 Page 220 of 300 Page 221 of 300 Page 222 of 300 Page 223 of 300 Page 224 of 300 Page 225 of 300 Page 226 of 300 Page 227 of 300 Page 228 of 300 Page 229 of 300 Page 230 of 300 Page 231 of 300 Page 232 of 300 Page 233 of 300 Page 234 of 300 Page 235 of 300 Page 236 of 300 Page 237 of 300 OSP Engineering Page 238 of 300 Sr. Supervisor - Ops. 8.3.2021 Page 239 of 300 Application for Abandonment of a Public Right-of-Way / Easement Location: 20’ EE (3512/97) and 15’ PUE (14160/1) EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 240 of 300 Page 241 of 300 September 9, 2021 Item No. 9.4. Comprehensive Plan Amendment – 1660 Graham Road Sponsor:Alyssa Halle-Schramm, Planner Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban for approximately 10 acres, generally located at 1660 Graham Road. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their August 19, 2021, meeting where they voted unanimously to recommend approval. Staff also recommends approval of the request to Urban with the understanding that if this request is approved by City Council, the 10-year Comprehensive Plan update will necessitate a redesignation to Mixed Residential, which best reflects the proposed townhouse uses and inherently limits the scale and density of this development. Summary: The applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban on approximately 10 acres located west of the existing International Leadership of Texas public charter school campus. The subject property and properties to the north and east are primarily designated as Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map, while the properties to the west and south are General Suburban. In February 2021, City Council denied a Comprehensive Plan Amendment request for Urban on the same parcel, as the former developer – at the time – intended to develop a multi-family product. This request is accompanied by a rezoning request for a PDD Planned Development District with a T Townhouse base to allow for a transitional single-family residential use between the Dove Crossing Subdivision and the ILT charter school campus. This application also precedes the 10-year Comprehensive Plan update, which will eliminate the Urban land use designation and reclassify all properties that were previously designated as Urban. The new Mixed Residential land use will be the most appropriate for the townhouse uses proposed with this development. REVIEW CRITERIA 1. Changed or changing conditions in the subject area of the City: The subject property and properties to the north and east have a future land use designation of Suburban Commercial with Natural Areas Reserved along Lick Creek. The Suburban Commercial land use designation is generally for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size and located adjacent Page 242 of 300 to major roads (arterials and collectors). The design of structures is intended to be compatible with surrounding single-family residential neighborhoods. Institutional/Public is located to the north across Graham Road at the City of College Station’s Public Utilities site. The property to the northwest across Graham Road is designated as Medical Use with a small portion of Natural Areas Reserved along Lick Creek. Properties to the west and south have a General Suburban land use designation and are developed as residential properties within the Dove Crossing Subdivision. The subject property is adjacent to both the Medical District Master Plan area and the Spring Creek District, which is generally the area located along State Highway 6 near the Rock Prairie Road interchange and the Spring Creek Business Park. This area includes the major medical centers of Baylor Scott & White Medical Center, CHI St. Joseph Health College Station Hospital, as well as a number of other medical related facilities and a master planned, City-owned business park. The focus of development in this area should be linking current and future medical facilities into a cohesive district which incorporates the natural features of Lick Creek and Spring Creek into the design of the district. The area near the intersection of Longmire and Graham Road has continued to grow with the development of the adjacent ILT school to the east and an optometry office. Other uses in this area include, but not limited to parks, hospitals, commercial retail (banks, hotels, and grocery stores), public utilities, offices, and single-family residential. These variety of uses support a variety of housing types, however the area is primarily single-family detached homes. The Urban designation allows for an intense level of development activities and consists of townhomes, duplexes, and high-density apartments. An amendment to Urban would lay the foundation for providing a higher concentration of dwelling units located within walking distance to a school, grocery store, medical offices, and employment centers, which could ultimately lead to a more walkable pedestrian friendly neighborhood. Since the area was annexed in December of 1993, the Comprehensive Plan Future Land Use and Character Map has remained largely unchanged for this part of town. 2. Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole: The applicant is requesting an amendment to the Future Land Use and Character Map to Urban. The Urban designation is generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments. The property has an existing single-family home, and the adjacent property to the east is the International Leadership of Texas campus located on approximately 14.38 acres. To the south and west is the Dove Crossing Subdivision with an overall density of 4.23 dwelling units per acre. North across Graham Road, is approximately 47.43 acres owned by the City of College Station, some of which hosts the City of College Station’s fleet services and public utilities. A higher concentration of dwelling units per acre would support the nearby parks, commercial retail (banks, hotels, and grocery stores), offices, and the city’s medical corridor. Additionally, it would provide an appropriate transition and step down of the intensity of land uses from the commercially Page 243 of 300 zoned areas along Rock Prairie and Highway 6, as you would go from medical facilities to a grocery store, hotel, school, this urban designation which would allow for a future attached single-family development, and then the surrounding single-family detached homes. 3. Impact on environmentally sensitive and natural areas: While the subject property is located nearby Lick Creek, there is no FEMA designated floodplain on the property. The applicant has stated that the subject property will follow city codes and ordinances and will not have adverse impacts on the surrounding areas. 4. Impacts on infrastructure including water, wastewater, drainage, and the transportation network: This property was assumed as a Suburban Commercial land use within the City’s currently adopted Water and Wastewater Master Plans. The applicant provided City staff with anticipated demands for the proposed Urban Future Land Use. These demands were loaded into the City’s water and wastewater models to determine if adequate capacity exists for the proposed higher density land use type. The results of the water distribution model scenario indicate that adequate domestic water capacity is available. However, the wastewater collection system model output demonstrated capacity concerns. Any near-term rezoning proposal to an urban intensity use would have to be carefully considered as further analysis shows significant downstream sanitary sewer system improvements would be required at the developer’s expense and would include upgrades to an existing lift station, as well as the upsizing of approximately 3,250 LF of sanitary sewer mains. However, there is an approved capital project that is expected to be completed within the next three to four years that will provide the necessary capacity for this higher density land use type. The completion of this City funded CIP would eliminate the need for a developer to provide the currently identified downstream improvements. The applicant has also proposed that the development would be phased to account for sewer capacity issues as needed and if applicable. Drainage and other public infrastructure is required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. A traffic impact analysis (TIA) is not required with a comprehensive plan amendment request; however, with a rezoning using T Townhouse as a base zoning – as is requested in the accompanying application – a TIA would not be required as it does not exceed 150 trips in the peak hour. Both Graham Road and nearby Longmire Drive are constructed to their full cross sections as 2-lane Major Collectors per the City’s Thoroughfare Plan. The subject property also has two public streets projected to the subject property; Crystal Dove Avenue to the west and White Dove Trail to the south. The proposed Urban land use amendment could create a more intense land use in an area that has experienced traffic issues during drop-off and pick-up times of the adjacent ILT school campus to the east. It is not uncommon however for queueing issues to exist around school sites during these times. Both Graham Road and Longmire Drive are designated and constructed to their Major Collector cross sections and a traffic signal was installed at their intersection by ILT. Based on the trip rate table provided in the UDO, future townhouse development could generate less trips per acre than the adjacent General Suburban uses (7.28 trips per acre vs. 8 trips per acre). It has the potential to actually generate fewer trips per acre than a Suburban Commercial zoning, which could have 40 Page 244 of 300 trips per acre though there is much variability in commercial trip generation depending upon the end use. These rates are based on national averages and the actual resulting trip rate will depend upon the specific use developed. 5. Consistency with the goals and strategies set forth in the Comprehensive Plan: The goal for College Station’s Future Land Use and Character Map is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The subject property and surrounding areas to the north and east are designated as suburban commercial. This designation intends to provide for concentrations of commercial activities that cater primarily to nearby residents. The design of these structures are compatible in size and design with the surrounding single-family residential uses. An Urban designation may be appropriate for this property as a transitional land use between the established Dove Crossing subdivision, located within walking distance to a school (ILT campus), grocery store (Kroger), medical offices, and employment centers. Any land use change would support more housing diversity in an area that is largely suburban, and it could provide professionals who work in the medical corridor more housing options near their places of employment. Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Vicinity, Aerial, and Small Area Maps 3.Applicant's Supporting Information 4.Comprehensive Plan Exhibit 5.Comprehensive Plan Amendment Map 6.Ordinance Page 245 of 300 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 19, 2021 Advertised Council Hearing Date: September 9,2021 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Dove Crossing and Bridle Gate HOAs Property owner notices mailed: 49 Contacts in support: None at the time of this report Contacts in opposition: One at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Graham Rd. (2-Land Major Collector) N/A Graham Rd. (2-Land Major Collector) South General Suburban General Suburban Single-Family Residential East Suburban Commercial Rural Public Facility (ILT School) West General Suburban General Suburban Single-Family Residential DEVELOPMENT HISTORY Annexation: 1993 Zoning:A-O Agricultural Open upon annexation A-O Agricultural Open renamed to R Rural in 2013 Final Plat: Unplatted Site development:Undeveloped Page 246 of 300 Page 247 of 300 Page 248 of 300 Page 249 of 300 Name of Project:1660 COMPREHENSIVE PLAN AMENDMENT Address:1660 GRAHAM RD Legal Description:A005401, R STEVENSON (ICL), TRACT 42, 10. ACRES Total Acreage:10 Applicant:: Property Owner:HERRING MARY ELIZABETH MITCHELL & MORGAN What element of the Comprehensive Plan and at what location is requested to be amended? Land Use Plan Amendment at 1660 Graham Road What is the amendment requested? We request to amend the Land Use Plan from Suburban Commercial to Urban. COMP PLAN APPLICATION SUPPORTING INFORMATION What is the reason for the amendment? As College Station continues to grow, so do housing needs. There is a need to expand the housing market inventory and offer a wider variety of housing. The property owner has made several attempts over the years to pursue single-family development, without success due to the need for higher density on this tract. The City Council recently determined that high-density multi-family was not compatible with the neighboring subdivision. Given the need for more and the desire to produce a development that is most appropriate for the area, we propose townhomes. Page 1 of 2 Page 250 of 300 How will this change be compatible with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole? We are requesting the rezoning to allow townhome development on this property. After having been unsuccessful in developing the property for traditional single-family development, the owner has explored other options for residential development. This area of College Station is saturated with Suburban Commercial land uses, but there is a need for a more diverse housing stock. However, in response to the concerns brough forth from the neighborhood at the recent request for multi-family residential, we believe townhomes are a suitable and compatible development for the property that satisfy all concerns and desires for the property. In recent years, sewer capacity has been a concern for allowing more dense development. The City is currently planning improvements to the area wastewater system which would be able to accommodate medium density residential development. The developer will time the construction of the townhomes, such that when the sewer improvements are complete, the first phase of development will be ready to be occupied. Additionally, increased traffic has been a concern, especially at the Longmire Drive and Graham Road intersection. A traffic light was installed in July 2018 improving the safety and efficiency of traffic at the intersection. Explain the impact on environmentally sensitive and natural areas and infrastructure, including water, wastewater, drainage and transportation network. This property lies between the International Leadership of Texas (IL Texas) school and the Dove Crossing neighborhood. Having townhomes in between the two developments helps transition the land uses from a single-family neighborhood to more intense development. The density we are proposing is less dense than a traditional townhome development allowing it to be more compatible with the adjacent neighborhood. The general area is made up of a diverse mix of uses including single-family residential, medical facilities, general commercial, and a school. Townhomes would contribute to the mix of uses and add to the diverse character of the area, while still being a single-family residential development. Explain how this change will be consistant with the goals and strategies set forth in the Comprehensive Plan. This property lies between the International Leadership of Texas (IL Texas) school and the Dove Crossing neighborhood. Having townhomes in between the two developments helps transition the land uses from a single-family neighborhood to more intense development. The density we are proposing is less dense than a traditional townhome development allowing it to be more compatible with the adjacent neighborhood. The general area is made up of a diverse mix of uses including single-family residential, medical facilities, general commercial, and a school. Townhomes would contribute to the mix of uses and add to the diverse character of the area, while still being a single-family residential development. List any other reasons to support this zone change. N/A List any other additional properties. N/A Page 2 of 2 Page 251 of 300 Page 252 of 300 8532417101467412111813925191516212222023261BIRMINGHAM RDGRAHAM RDBIRMINGHAM RDGRAHAM RD8532417101467412111813925191516212222023261EXISTINGLand Use PlanAmendment MapT. 979.260.6963F. 979.260.35643204 Earl Rudder FWY SCollege Station, TX 77845Plan & Design Specialists in Civil ꞏ Engineering ꞏ HydraulicsHydrology ꞏ Utilities ꞏ StreetsSite Plans ꞏ Subdivisionswww.mitchellandmorgan.comEx. BJune2021All data is provided in NAD-83 State Plain Texas Central (Feet) horizontal datum and the 1988 North American Vertical Datum.1660Graham Road£1 inch = 150 feetHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Current Zoning: RuralCurrent Land Use: Suburban CommercialPROPOSEDHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Proposed Zoning: Planned Development DistrictProposed Land Use: UrbanNOTE: This site does not lie within the 100-year floodplain boundary per FEMA's Flood Insurance Rate Map panels 48041C0310F, Effective Date: April 2, 2014Thoroughfare Plan LegendPROPOSED 2-LANE MINOR COLLECTOREXISTING 2-LANE MAJOR COLLECTORGRAHAM RDROCK PRAIRIE RDS T AT E H IG H W A Y 6 SITEVICINITY MAPLand Use Plan LegendGeneral SuburbanSuburban CommercialUrbanPage 253 of 300 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN – FUTURE LAND USE & CHARACTER MAP FROM SUBURBAN COMMERCIAL TO URBAN FOR APPROXIMATLEY 10 ACRES GENERALLY LOCATED AT 1660 GRAHAM ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the “Comprehensive Plan of the City of College Station” is hereby amended by adding new Subsections “C.2.qq.” of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto and made a part hereof for the identified area. 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 affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3:That this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this 9th day of September, 2021. ATTEST:APPROVED: ______________________________________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Page 254 of 300 ORDINANCE NO. ___________Page 2 of 8 EXHIBIT A That Ordinance No. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding new subsections “C.2.qq.” to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A.Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1.Introduction; 2.Community Character; 3.Neighborhood Integrity; 4.Economic Development; 5.Parks, Greenways & the Arts; 6.Transportation; 7.Municipal Services & Community Facilities; 8.Growth Management and Capacity; and 9.Implementation and Administration. B.Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1.The Northgate Redevelopment Plan dated November 1996; 2.The Revised Wolf Pen Creek Master Plan dated 1998; 3.Northgate Redevelopment Implementation Plan dated July 2003; 4.East College Station Transportation Study dated May 2005; 5.Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 6.Central College Station Neighborhood Plan dated June 2010; 7.Eastgate Neighborhood Plan dated June 2011; 8.Parks, Recreation and Open Spaces Master Plan dated July 2011; 9.Southside Area Neighborhood Plan dated August 2012; 10.Medical District Master Plan dated October 2012; 11.Wellborn Community Plan dated April 2013; 12.Economic Development Master Plan dated May 2020; 13.South Knoll Area Neighborhood Plan dated September 2013; 14.The Water System Master Plan dated April 2017; and 15.The Wastewater System Master Plan dated April 2017. C.Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: Page 255 of 300 ORDINANCE NO. ___________Page 3 of 8 1.Text Amendments: a.Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b.Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c.Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. d.Chapter 8 “Growth Management & Capacity” by amending the text based on recommendations from the Annexation Task Force – Ordinance 3766, dated April 28, 2016. e.Chapter 1, Section 10; Chapter 5, Section 1; Chapter 5, Section 4; Chapter 8, Section 17; and Chapter 9, Section 3; by amending the text – Ordinance 3951, dated October 12, 2017. 2.Future Land Use and Character Map Amendment: a.301 Southwest Parkway – Ordinance 3255, dated July 2010. b.Richards Subdivision – Ordinance 3376, dated October 2011. c.Earl Rudder Freeway at University Oaks – Ordinance 3465, dated November 19, 2012 d.1600 University Drive East – Ordinance 3535, dated November 14, 2013. e.2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. f.13913 FM 2154. – Ordinance 3546, dated January 9, 2014. g.2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. h.1201 Norton Lane – Ordinance 3555, dated February 27, 2014. i.3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. j.4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. k.The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. l.The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. m.The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. Page 256 of 300 ORDINANCE NO. ___________Page 4 of 8 n.The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– Ordinance 3752, dated March 10, 2016. o.The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail – Ordinance 3779, dated June 9, 2016 p.The approximately 16 acres located at 8607 Rock Prairie Road, generally located at the north of Rock Prairie Road and west of William D. Fitch Parkway – Ordinance 3794, dated August 11, 2016. q.The approximately 14.25 acres of land located at 2501 Earl Rudder Freeway South, generally located north of North Forest Parkway and south of Raintree Drive, along the east side of Earl Rudder Freeway South – Ordinance 3799, dated August 25, 2016. r.The approximately 7 acres of land located along the south side of State Highway 30, south of Veterans Memorial Park – Ordinance 3828, dated October 27, 2016. s.The approximately 58 acres of land generally located along the east side of State Highway 6 South, north of W.D. Fitch parkway and south of the future Pebble Creek Parkway extension –Ordinance 3830, dated October 27, 2016. t.The approximately 2 acres of land generally located on Corsair Circle north of Pavilion Avenue – Ordinance 3846, dated December 8, 2016. u.The approximately 18 acres of land generally located at the southeast corner of Sebesta Road and Earl Rudder Freeway frontage road – Ordinance 3848, dated December 8, 2016. v.The approximately 6 acres of land being situated in the Pooh’s Park Subdivision, Block 1, Lots 6-14 recorded in Volume 314, Page 618 of the deed records of Brazos County, Texas, located at 204, 206, 208, 210, 212, 214, 216, 218, and 220 Holleman Drive east, more generally southwest of the intersection of Holleman Drive East and Lassie Lane by – Ordinance 3850, dated January 12, 2017. w.The approximately 6.3 acres of land generally located northeast intersection of Copperfield Parkway and Crescent Pointe Parkway - Ordinance 3859, dated February 9, 2017. x.The approximately 11.3 acres of land generally located at the southeast intersection of Earl Rudder Freeway South and Emerald Parkway – Ordinance 3875, dated April 27, 2017. y.The approximately 232 acres of land generally located south of Rock Prairie Road - Ordinance 3877, dated April 27, 2017. z.The approximately 5.96 acres of land generally located in the northeast corner of Associates Avenue and Harvey Road intersection. – Ordinance 3879, dated April 27, 2017. aa.The approximately 4.74 acres of land generally located at the corner of Harvey Mitchell Parkway South and Raymond Stotzer Parkway – Ordinance 3882, dated May 11, 2017. bb.The approximately 3.2 acres of land generally located east of Copperfield Parkway and south of Harvey Road. – Ordinance 3884, dated May 11, 2017. Page 257 of 300 ORDINANCE NO. ___________Page 5 of 8 cc.The approximately 3.34 acres of land generally located north of Raintree Drive along Earl Rudder Freeway South – Ordinance 3901, dated July 27, 2017. dd.The approximately 12.5 acres generally located west of Earl Rudder Freeway South along Harvey Mitchell Parkway – Ordinance 3903, dated July 27, 2017. ee.Approximately 100 acres located along the east side of State Highway 6, south of The Business Park at College Station and north of the Texas World Speedway property- Ordinance 3906, dated July 27, 2017. ff.Approximately 1.7 acres of land being generally located at 12055 FM 2154 - Ordinance 3921, dated August 24, 2017. gg.Approximately 11 acres of land being generally located at 8822 Burgess Lane and near the east intersection of State Highway 47 and Raymond Stotzer Parkway – Ordinance 3965, dated December 14, 2017. hh.Approximately 29 acres of land being generally located at the west intersection of William D Fitch Parkway and Rock Prairie Road – Ordinance 3989, dated February 22, 2018. ii.Approximately 11.1 acres of land being generally located on the west side of Turkey Creek Road, approximately 500 feet south of HSC Parkway- Ordinance 4036, dated August 23, 2018. jj.Approximately 7.37 acres of land being generally located on the west side of FM2154, approximately 500 feet south of Barron Cut-Off Road – Ordinance 4066, dated January 10, 2019. kk.Approximately 13 acres of land being generally located at 1402 and 1404 Bird Pond Road – Ordinance 4090, dated April 25, 2019. ll.Approximately 1.3 acres of land being generally located generally located southwest of the intersection of Greens Prairie Road West and White’s Creek Lane – Ordinance 4103, dated June 27, 2019. mm.Approximately 8.7 acres of land generally located at 2709 Texas Avenue South – Ordinance 4121, dated September 12, 2019. nn.Approximately 1.3 acres of land generally located at 3030 University Drive East – Ordinance 4122, dated September 12, 2019. oo.Approximately 2.3 acres of land generally located on the south side of Harvey Mitchell Parkway South, approximately 80 feet east of the intersection with Dartmouth Street- Ordinance 4137, dated November 14, 2019. pp.Approximately 1.8 acres of land generally located at 12925 & 12965 FM 2154, - Ordinance 4145, dated December 10, 2019. qq.Approximately 10 acres of land generally located at 1660 Graham Road - this Ordinance, dated September 9, 2021. 3.Concept Map Amendment: a.Growth Area IV – Ordinance 3376, dated October 2011. b.Growth Area V – Ordinance 3376, dated October 2011. Page 258 of 300 ORDINANCE NO. ___________Page 6 of 8 4.Thoroughfare Map Amendment: a.Raintree Drive – Ordinance 3375, dated October 2011. b.Birkdale Drive – Ordinance 3375, dated October 2011. c.Corsair Circle – Ordinance 3375, dated October 2011. d.Deacon Drive – Ordinance 3375, dated October 2011. e.Dartmouth Drive – Ordinance 3375, dated October 2011. f.Farm to Market 60 – Ordinance 3375, dated October 2011. g.Southwest Parkway – Ordinance 3375, dated October 2011. h.Cain Road extension –Ordinance 3639, dated February 26, 2015. i.Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. j.South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. k.Pavilion Avenue extension --Ordinance 3885, dated May 11, 2017. l.Future Minor Collector realigned to Harpers Ferry Road along Arrington Road – Ordinance 3949, dated October 12, 2017. m.2017 Thoroughfare Plan update to Map 6.6 – Ordinance 3962, dated November 20, 2017. n.Thousand Oaks Ranch area- Ordinance 4174, dated May 14, 2020. 5.Bicycle, Pedestrian and Greenways Master Plan Amendment: a.Cain Road extension – Ordinance 3639, dated February 26, 2015 b.Update to Maps 5.4 and 5.5-- Ordinance 3729, dated December 10, 2015. c.South College Station Mobility Study – Ordinance 3827, dated October 27, 2016. d.Update to Maps 5.4 and 5.5 – Ordinance 3877, dated April 27, 2017. e.2017 Thoroughfare Plan update to Maps 5.4 and 5.5 – Ordinance 3962, dated November 20, 2017. f.2018 Bicycle, Pedestrian, and Greenways Master Plan Update to Maps 5.4, 5.5, 7.1, 7.2, 7.3, and 7.4 –Ordinance 4009, dated May 14, 2018. 6.Parks and Recreation Master Plan Amendment: a.Update to Map B/College Station Neighborhood Park Zone, to Map C/College Station Community Park Zone Map and to the text of Section 2 “Current Conditions and Trends,” subsection “Park Land,” paragraph five relating to said maps- Ordinance 3951, dated October 12, 2017. 7.Community and Neighborhood Plan Amendment: a.Eastgate Neighborhood Plan, Chapter 1 - Community Character, “Site Development Area 1 – Lincoln Avenue” – Ordinance 3956, dated November 9, 2017. D.General 1.Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid Page 259 of 300 ORDINANCE NO. ___________Page 7 of 8 such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2.Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3.General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4.General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5.Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” Page 260 of 300 ORDINANCE NO. ___________Page 8 of 8 EXHIBIT B That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 –Community Character” from Suburban Commercial to Urban shown as follows: Page 261 of 300 September 9, 2021 Item No. 9.5. Rezoning – 1660 Graham Road Sponsor:Alyssa Halle-Schramm, Planner Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to PDD Planned Development District on approximately 10 acres of land generally located at 1660 Graham Road. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their August 19, 2021, meeting where they voted unanimously to recommend approval. Staff also recommends approval of the rezoning. Summary: This request is to rezone approximately 10 acres of land adjacent to the Dove Crossing subdivision and located near the intersection of Graham Road and Longmire Drive from R Rural to PDD Planned Development District with a base zoning district of T Townhouse. In February 2021, City Council denied a Comprehensive Plan Amendment request for Urban on the same parcel, as the former developer – at the time – intended to develop a multi-family product. On August 2, 2021, the developer hosted a neighborhood meeting to gather feedback from the surrounding Dove Crossing and Bridle Gate residents. The meeting generated productive conversation regarding the residents concerns about traffic, noise, light, and height of the structures. The PDD includes the developer’s response to that feedback. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is currently designated as Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map. This request to rezone the property accompanies a request to change the land use designation to Urban. The Urban land use designation is intended for areas that should have a more intense level of development activity typically consisting of townhomes, duplexes, and high-density multi- family. The property is currently zoned R Rural, a zoning district for large lot single-family and agricultural uses. The proposed zoning permits attached low to medium density single-family townhomes, allowing the property to be developed consistent with the Comprehensive Plan assuming the associated Comprehensive Plan Amendment is be approved. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The proposed zoning allows for medium density single-family residential uses, which is compatible with the existing uses in the surrounding area. Given the property’s close Page 262 of 300 proximity to multiple single-family neighborhoods, and if the property is redesignated as Urban, a PDD which allows for a townhouse development will support the planned growth in the area. The continuation of single-family is compatible with the nearby single-family neighborhoods and supports the nearby commercial and medical office uses. The intent of the rezoning is to provide a unique townhouse development that is complimentary but separate from the Dove Crossing subdivision. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The property has over 530 feet of frontage and takes access to Graham Road, which is an existing Major Collector. The proposed PDD is suitable for the higher densities and more intense land uses that a major collector can support. It is the applicant’s intent to create a unique, single-family, individually- owned, townhouse product. The subject property is not in the FEMA floodplain. The subject property is physically suitable for the proposed zoning district. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: This property was assumed as a Suburban Commercial land use within the City’s currently adopted Water and Wastewater Master Plans. The applicant provided City staff with anticipated demands for the proposed Urban Future Land Use. These demands were loaded into the City’s water and wastewater models to determine if adequate capacity exists for the proposed higher density land use type. The results of the water distribution model scenario indicate that adequate domestic water capacity is available. However, the wastewater collection system model output demonstrated capacity concerns. Analysis shows significant downstream sanitary sewer system improvements would be required at the developer’s expense and would include upgrades to an existing lift station, as well as the upsizing of approximately 3,250 LF of sanitary sewer mains. However, there is an approved capital project that is expected to be completed within the next three to four years that will provide the necessary capacity for this higher density land use type. The completion of this City funded CIP would eliminate the need for a developer to provide the currently identified downstream improvements. The applicant has also proposed that the development would be phased to account for sewer capacity issues as needed and if applicable. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. A traffic impact analysis (TIA) is not required for a rezoning using T Townhouse as a base zoning –as it does not exceed 150 trips in the peak hour. Both Graham Road and nearby Longmire Drive are constructed to their full cross sections as 2-lane Major Collectors per the City’s Thoroughfare Plan. The subject property also has two public streets projected to the subject property; Crystal Dove Avenue to the west and White Dove Trail to the south. The proposed request could create a more intense land use that generates additional traffic in an area that has experienced traffic issues during drop-off and pick-up times of the adjacent ILT school campus to the east. It is not uncommon however for queueing issues to exist around school sites during these times. Both Graham Road and Longmire Drive are designated and constructed to their Major Collector cross sections and a traffic signal was installed at their intersection by ILT. Based on Page 263 of 300 the trip rate table provided in the UDO, future townhouse development could generate less trips per acre than the adjacent General Suburban uses (7.28 trips per acre vs. 8 trips per acre). It has the potential to generate fewer trips per acre than a Suburban Commercial zoning, which could have 40 trips per acre though there is much variability in commercial trip generation depending upon the end use. These rates are based on national averages and the actual resulting trip rate will depend upon the specific use developed. 5. The marketability of the property: A 10-acre Rural property in central College Station is not marketable for the permitted agricultural uses. However, a rezoning request for a townhouse product that is sensitive to the surrounding established homes and charter school site is more marketable than the present zoning. This is anticipated to increase the marketability of the property. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. Modifications Requested: At the time of development, the property will meet all the applicable Page 264 of 300 requirements of the Unified Development Ordinance (UDO) for the T Townhouse zoning district with the following modifications: Section 5.2 Residential Dimensional Standards o 15-foot rear setback in lieu of the required 20-foot rear setback Section 8.3.E.2 Relation to Adjoining Street System: o Provide gated emergency-only access at White Dove Trail and Crystal Dove Avenue in lieu of a public street. Section 8.3.H.1.h Lots: o Provide access via private access easement in lieu of frontage to a public street. Section 8.3.H.1.h Lots: o Lots with frontage to Graham Road are not required to have access provided by a rear alley. Instead, all lots will have access to a private access easement. Community Benefits: The applicant offers the following as community benefits: • A maximum of 11 dwelling units per acre. • 5-foot landscaped buffer along shared property lines adjacent to Dove Crossing. • A maximum building height of 25 feet, measured at the eave. Please note, following the P&Z meeting, a revised Concept Plan was submitted to show the emergency access points, as well as to provide further detail regarding the buffer areas. The buffer areas will include both a fence and vegetation. These items were discussed at the P&Z meeting, but were not detailed on the Concept Plan. The revised Concept Plan now provides those details. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Vicinity, Aerial, and Small Area Maps 3.Background Information 4.Rezoning Map 5.Rezoning Exhibit 6.Applicant's Supporting Information 7.Concept Plan (Revised) 8.Concept Plan 9.Bulk Variances Letter Page 265 of 300 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO PDD PLANNED DEVELOPMENT DISTRICT ON APPROXIMATELY TEN ACRES OF LAND LOCATED AT 1660 GRAHAM ROAD AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, and Exhibit “C” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 266 of 300 ORDINANCE NO. ____________Page 2 of 6 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 9th day of September, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 267 of 300 ORDINANCE NO. ____________Page 3 of 6 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to PDD Planned Development District: Page 268 of 300 ORDINANCE NO. ____________Page 4 of 6 Ordinance Form 08-27-19 Page 269 of 300 ORDINANCE NO. ____________Page 5 of 6 Ordinance Form 08-27-19 Exhibit B Page 270 of 300 ORDINANCE NO. ____________Page 6 of 6 Ordinance Form 08-27-19 Exhibit C Page 271 of 300 Page 272 of 300 Page 273 of 300 Page 274 of 300 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 19, 2021 Advertised Council Hearing Date: September 9, 2021 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Dove Crossing and Bridle Gate HOAs Property owner notices mailed: 49 Contacts in support: None at the time of this report Contacts in opposition: One at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Graham Rd. (2-Land Major Collector) N/A Graham Rd. (2-Land Major Collector) South General Suburban General Suburban Single-Family Residential East Suburban Commercial Rural Public Facility (ILT School) West General Suburban General Suburban Single-Family Residential DEVELOPMENT HISTORY Annexation: 1993 Zoning:A-O Agricultural Open upon annexation A-O Agricultural Open renamed to R Rural in 2013 Final Plat: Unplatted Site development:Undeveloped Page 275 of 300 Page 276 of 300 8532417101467412111813925191516212222023261BIRMINGHAM RDGRAHAM RDBIRMINGHAM RDGRAHAM RD8532417101467412111813925191516212222023261EXISTINGRezoningMapT. 979.260.6963F. 979.260.35643204 Earl Rudder FWY SCollege Station, TX 77845Plan & Design Specialists in Civil ꞏ Engineering ꞏ HydraulicsHydrology ꞏ Utilities ꞏ StreetsSite Plans ꞏ Subdivisionswww.mitchellandmorgan.comEx. AJune2021All data is provided in NAD-83 State Plain Texas Central (Feet) horizontal datum and the 1988 North American Vertical Datum.1660Graham Road£1 inch = 150 feetHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Current Zoning: RuralCurrent Land Use: Suburban CommercialPROPOSEDHERRING MARY ELIZABETHA005401, R STEVENSON (ICL), TRACT 42Acres: 10.0Proposed Zoning: Planned Development DistrictProposed Land Use: UrbanZoning DistrictLegendGeneral SuburbanPlanned Development DistrictRuralNOTE: This site does not lie within the 100-year floodplain boundary per FEMA's Flood Insurance Rate Map panels 48041C0310F, Effective Date: April 2, 2014Thoroughfare Plan LegendPROPOSED 2-LANE MINOR COLLECTOREXISTING 2-LANE MAJOR COLLECTORGRAHAM RDROCK PRAIRIE RDS T AT E H IG H W A Y 6 SITEVICINITY MAPPage 277 of 300 Name of Project: 1660 GRAHAM ROAD TOWNHOMES PDD Address: 1660 GRAHAM RD Legal Description: A005401, R STEVENSON (ICL), TRACT 42, 10. ACRES Total Acreage: 10 Applicant: MITCHELL & MORGAN Property Owner: HERRING MARY ELIZABETH List the changed or changing conditions in the area or in the City which make this zone change necessary. We are requesting the rezoning to allow townhome development on this property. After having been unsuccessful in developing the property for traditional single-family development, the owner has explored other options for residential development. This area of College Station is saturated with Suburban Commercial land uses, but there is a need for a more diverse housing stock. However, in response to the concerns brough forth from the neighborhood at the recent request for multi-family residential, we believe townhomes are a suitable and compatible development for the property that satisfy all concerns and desires for the property. In recent years, sewer capacity has been a concern for allowing more dense development. The City is currently planning improvements to the area wastewater system which would be able to accommodate medium density residential development. The developer will time the construction of the townhomes, such that when the sewer improvements are complete, the first phase of development will be ready to be occupied. Additionally, increased traffic has been a concern, especially at the Longmire Drive and Graham Road intersection. A traffic light was installed in July 2018 improving the safety and efficiency of traffic at the intersection. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. We have requested a Land Use Plan Amendment from Suburban Commercial to Urban, as this is the only land use category that allows townhomes. We believe residential development is most appropriate for this property, and in response to the feedback from the neighborhood and City Council, we believe this type of residential development is most appropriate for this property. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The current zoning district is R Rural. This is the zoning district that was applied to the property upon annexation. While the existing single-family house is in compliance with the zoning, it is not the highest and best use for the property. Explain the suitability of the property for uses permitted by the rezoning district requested. Townhomes are a suitable land use for this property as they are a medium density single-family product, REZONING PDD APPLICATION SUPPORTING INFORMATION Page 1 of 4 Page 278 of 300 similar to the established Dove Crossing neighborhood. Townhomes will contribute to the needed diversity in the housing stock and will provide a much-needed option for first time owners looking for a residence. Explain the suitability of the property for uses permitted by the current zoning district. Townhomes are a suitable land use for this property as they are a medium density single-family product, similar to the established Dove Crossing neighborhood. Townhomes will contribute to the needed diversity in the housing stock and will provide a much-needed option for first time owners looking for a residence. Explain the marketability of the property for uses permitted by the current zoning district. The property is not marketable for Rural uses. The area around it has developed into a medical district and medium density single-family residential area. Rural uses are out of character for this location. List any other reasons to support this zone change. N/A Building Heights. 25' Proposed Drainage. Stormwater will be designed according to BCS Unified Stormwater Design Guidelines and will be collected in an underground stormwater system. Variations Sought. Please see the attached letter. Community Benefits. Please see the attached letter. Page 2 of 4 Page 279 of 300 Sustained Stability. Townhomes are a medium density single-family product, which will be in character with the adjacent Dove Crossing neighborhood. We expect to see a similar owner/renter composition as Dove Crossing and will contribute to the stability of the established residential area of the surrounding area. Conformity. The Community Character chapter of the Comprehensive Plan states a desire to ensure new neighborhoods are sustainable. The plan states, ³New neighborhoods should remain vibrant well into the future. Sustainable neighborhoods require a balance between owner and renter occupancy; access to neighborhood-serving businesses; parks and open space; transportation facilities designed for the density of the neighborhood; and access to and connectivity with adjacent neighborhoods.´The proposed townhome development will include all of these desired elements and will contribute to the established character of the Graham Road corridor. Compatibility with use. The Concept Plan proposes a townhome development that will have access to Graham Road and emergency access only from White Dove Trail. Townhomes are considered a single-family product and is expected to be similar to the owner/renter composition of Dove Crossing, making it a compatible neighbor to the neighborhood. Access to Streets. The townhomes will have access to a street network that will connect to Graham Road and White Dove Trail. Public Improvements. This development will provide all necessary infrastructure to the site. Sidewalks are available on Graham Road. Public Health. The Concept Plan proposes uses that conform to the developed uses of the surrounding area. This development will not be a detriment to the public health, safety or welfare to the surrounding properties, but will serve as a compatible single-family development for the area. Safety. Page 3 of 4 Page 280 of 300 The Concept Plan proposes primary access to Graham Road and emergency access only from White Dove Trail, which will limit the amount of traffic from this development from impacting the Dove Crossing subdivision. Additionally, there will be access to sidewalks and bike lanes along Graham Road to encourage alternative modes of transportation. These elements contribute to the convenience and safety of vehicles and pedestrians for the residents of this development as well as other drivers and pedestrians utilizing these facilities. Page 4 of 4 Page 281 of 300 WHITE DOVE TRAIL GRAHAM ROADCRYSTAL DOVEAVENUE911 EMERGENCY ACCESS GATE TOWNHOUSESACCESS ACCESS TOWNHOUSESTOWNHOUSESTOWNHOUSES BUFFER YARD BUFFER YARD BUFFER YARD BUFFER YARD 911 EMERGENCY ACCESS GATE TOWNHOUSES & POOL TOWNHOUSES TOWNHOUSES ACCESSACCESSFENCE FENCE FENCE FENCE SITE NOTES: 1. TOTAL SITE AREA: 10 AC. 2. BASE ZONING: T TOWNHOMES 3. THERE IS NO FEMA REGULATED 100-YEAR FLOODPLAIN ON THIS SITE PER FEMA MAP PANEL #48041C0310F DATED APRIL 2, 2014. 4. THE DEVELOPMENT WILL NOT INCLUDE PARKS, GREENWAYS, CONSERVATION AREAS, SCHOOLS, OR TRAILS. 5. ALL SITE LIGHTING WILL COMPLY WITH CITY OF COLLEGE STATION ORDINANCES. 6. MAXIMUM BUILDING HEIGHT: 25' 7. DETENTION WILL BE PROVIDED IN AN UNDERGROUND SYSTEM. 8. PLEASE SEE THE MERITORIOUS MODIFICATIONS LETTER FOR ADDITIONAL INFORMATION. 9. A 10' CEDAR FENCE WILL BE CONSTRUCTED ALONG THE PROPERTY LINES SPECIFIED ON THE CONCEPT PLAN. 10. BUFFER PLANTING MATERIAL WILL CONSIST OF NON-CANOPY TREES AND SCREENING SHRUBS. CP1CONCEPT PLANPage 282 of 300 WHITE DOVE TRAIL GRAHAM ROADTOWNHOUSES & POOL CRYSTAL DOVEAVENUE911 EMERGENCY ACCESS GATE TOWNHOUSESACCESSACCESS ACCESSACCESS TOWNHOUSESTOWNHOUSESTOWNHOUSES TOWNHOUSESTOWNHOUSES BUFFER YARD BUFFER YARD BUFFER YARD BUFFER YARD 911 EMERGENCY ACCESS GATE SITE NOTES: 1. TOTAL SITE AREA: 10 AC. 2. BASE ZONING: T TOWNHOMES 3. THERE IS NO FEMA REGULATED 100-YEAR FLOODPLAIN ON THIS SITE PER FEMA MAP PANEL #48041C0310F DATED APRIL 2, 2014. 4. THE DEVELOPMENT WILL NOT INCLUDE PARKS, GREENWAYS, CONSERVATION AREAS, SCHOOLS, OR TRAILS. 5. ALL SITE LIGHTING WILL COMPLY WITH CITY OF COLLEGE STATION ORDINANCES. 6. MAXIMUM BUILDING HEIGHT: 25' 7. DETENTION WILL BE PROVIDED IN AN UNDERGROUND SYSTEM. 8. PLEASE SEE THE MERITORIOUS MODIFICATIONS LETTER FOR ADDITIONAL INFORMATION. CP1CONCEPT PLAN1 inch = 40 feet Page 283 of 300 Page 284 of 300 Page 285 of 300 September 9, 2021 Item No. 9.6. Resolution to Create a Tourism Advisory Committee Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approval of a resolution creating a tourism advisory committee. Relationship to Strategic Goals: Good Governance Diverse & Growing Economy Recommendation(s): Staff recommend that Council approve the resolution. Summary: This resolution establishes a Tourism Advisory Committee to aid in the promotion and enhancement of the tourism industry in College Station. The goal of this committee is to provide direction to staff regarding the overall strategy and use of Hotel Occupancy Tax funds to drive events, activities, and quality-of-life amenities. The City will seek qualified individuals to serve on the committee with previous experience in the hotel/motel industry, the retail/restaurant industry, major tourist attractions, the Texas A&M University System, or other relevant tourism activities. The committee shall consist of ten (10) to fourteen (14) local individuals to evaluate and guide investments and strategically address potential growth areas in the College Station tourism economy. The City Manager or designee will have the authority to appoint, remove, and fill vacancies. Budget & Financial Summary: N/A Attachments: 1.Tourism Advisory Board_Resolution Page 286 of 300 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, CREATING A TOURISM ADVISORY COMMITTEE TO PROMOTE AND ENHANCE THE TOURISM INDUSTRY IN COLLEGE STATION WHEREAS, the City Council of the City of College Station desires to have a Tourism Advisory Committee to promote and enhance tourism in College Station; and WHEREAS, the City Council believes the creation of a Tourism Advisory Committee will assist in providing strategic direction to promote and enhance tourism and support the industries within the city that directly impact tourism; and WHEREAS, the City Council believes the creation of a Tourism Advisory Committee will provide guidance to effectively raise the profile of College Station as a destination for events, activities, and quality-of-life amenities; and WHEREAS, the City Council will seek qualified individuals to serve on the Tourism Advisory Committee with previous or current experience in the hotel/motel industry, the retail/restaurant industry, major tourist attractions, the Texas A&M University System, or other relevant tourism activities; 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 shall create a Tourism Advisory Committee. PART 2:That the Tourism Advisory Committee shall be composed of ten (10) to fourteen (14) local individuals qualified as set forth in the preamble above. PART 3:That the City Council gives the committee the following charge: “As subject matter experts in the hotel, convention, and tourism industry, evaluate effective uses of hotel occupancy tax investments and strategically address potential growth areas in the College Station tourism economy.” PART 4:That the City Council of the City of College Station shall delegate authority to the City Manager or his designee to appoint, remove, and fill vacancies for all members of the Tourism Advisory Committee. PART 5:That this Resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 20__. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 287 of 300 September 9, 2021 Item No. 9.7. BVSWMA Appointment Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc Board of Directors. Relationship to Strategic Goals: Good Governance Recommendation(s): None Summary: Mayor Karl Mooney served as one of College Station's three appointees to the BVSWMA Board of Directors. Mayor Mooney's term is expiring September 30, 2021. A new appointment to the BVSWMA Board of Directors needs to be made. This can be an appointment for a new board member or renewal of a current board member with an expiring term. This will be a 3-year term when filled. Budget & Financial Summary: None Attachments: 1.Ltr Cities BVSWMA BoD 2021 Page 288 of 300 Page 289 of 300 Page 290 of 300 September 9, 2021 Item No. 9.8. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor:Bryan Woods, City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend that Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV-2, (COVID-19). On March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19. On March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020. On March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020. On March 30, 2020, the College Station City Council adopted an ordinance consenting and approving the Second Mayoral Order. On April 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 23, 2020, the College Station City Council consented with Ordinance 2020-4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal. On May 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal. On June 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 25, 2020, the College Station City Council consented with Ordinance 2020-4195 to the Mayor’s June 22, 2020, Disaster Declaration Renewal. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face Page 291 of 300 coverings for commercial entities until Friday, July 10, 2020. On July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings. On July 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 23, 2020, the College Station City Council consented with Ordinance 2020-4203 to the Mayor’s July 22, 2020, Disaster Declaration Renewal. On August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls. On August 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the Mayor’s August 21, 2020, Disaster Declaration Renewal. On September 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the Mayor’s September 21, 2020, Disaster Declaration Renewal. On October 20, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the Mayor’s October 20, 2020, Disaster Declaration Renewal. On November 20, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the Mayor’s November 20, 2020, Disaster Declaration Renewal. On December 7, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the Mayor’s December 7, 2020, Disaster Declaration Renewal. On January 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the Mayor’s January 8, 2021, Disaster Declaration Renewal. On February 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the Mayor’s February 8, 2021, Disaster Declaration Renewal. On March 8, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the Mayor’s March 8, 2021, Disaster Declaration Renewal. On April 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 8, 2021, the College Station City Council consented with Ordinance 2021-4258 to the Mayor’s April Page 292 of 300 6, 2021, Disaster Declaration Renewal. On May 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 13, 2021, the College Station City Council consented with Ordinance 2021-4263 to the Mayor’s May 7, 2021, Disaster Declaration Renewal. On June 7, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 10, 2021, the College Station City Council consented with Ordinance 2021-4271 to the Mayor’s June 7, 2021, Disaster Declaration Renewal. On July 2, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 8, 2021, the College Station City Council consented with Ordinance 2021-4275 to the Mayor’s July 2, 2021, Disaster Declaration Renewal. On August 6, 2021, the Mayor of College Station issued a renewal to the Disaster Declaration. On August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the Mayor’s August 6, 2021, Disaster Declaration Renewal. On September 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, July 2, 2021, and August 6, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. Budget & Financial Summary: N/A Attachments: 1.Disaster Declaration Renewal Ordinance 9-9-21 Page 293 of 300 ORDINANCE NO.__________ DISASTER DECLARATION RENEWAL AND EXTENSION ORDINANCE WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS, on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on March 30, 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 23P , P2020, in Ordinance No. 2020-4164; and WHEREAS, on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal; and WHEREAS, on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS, on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 294 of 300 Ordinance No Page 2 of 6 WHEREAS, on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS, on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS, on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, and June 22, 2020; and WHEREAS, on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS, on August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, and July 22, 2020; and WHEREAS, on August 27, 2020, the College Station City Council consented with Ordinance 2020-4209 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on September 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020 and August 21, 2020; and WHEREAS, on September 24, 2020, the College Station City Council consented with Ordinance 2020-4211 to the September 21, 2020, Disaster Declaration Renewal; and WHEREAS, on October 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020; and September 21, 2020, and WHEREAS, on October 22, 2020, the College Station City Council consented with Ordinance 2020-4220 to the October 20, 2020, Disaster Declaration Renewal; and Page 295 of 300 Ordinance No Page 3 of 6 WHEREAS, on November 20, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, and October 20, 2020, and WHEREAS, on November 23, 2020, the College Station City Council consented with Ordinance 2020-4226 to the November 20, 2020, Disaster Declaration Renewal; and WHEREAS, on December 7, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, and November 20, 2020, and WHEREAS, on December 10, 2020, the College Station City Council consented with Ordinance 2020-4231 to the November 20, 2020, Disaster Declaration Renewal; and WHEREAS, on January 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020 and December 7, 2020, and WHEREAS, on January 14, 2021, the College Station City Council consented with Ordinance 2021-4239 to the January 8, 2021, Disaster Declaration Renewal; and WHEREAS, on February 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, and January 8, 2021, and WHEREAS, on February 11, 2021, the College Station City Council consented with Ordinance 2021-4240 to the February 8, 2021, Disaster Declaration Renewal; and WHEREAS, on March 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, and February 8, 2021, and WHEREAS, on March 11, 2021, the College Station City Council consented with Ordinance 2021-4246 to the March 8, 2021, Disaster Declaration Renewal; and WHEREAS, on April 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, Page 296 of 300 Ordinance No Page 4 of 6 September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, and March 8, 2021, and WHEREAS, on April 8, 2021, the College Station City Council consented with Ordinance 2021- 4258 to the April 6, 2021, Disaster Declaration Renewal; and WHEREAS, on May 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, and April 6, 2021; and WHEREAS, on May 13, 2021, the College Station City Council consented with Ordinance 2021- 4263 to the May 7, 2021, Disaster Declaration Renewal; and WHEREAS, on June 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 202 and May 7, 2021; and WHEREAS, on June 10, 2021, the College Station City Council consented with Ordinance 2021- 4271 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on July 2, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021; and WHEREAS, on July 8, 2021, the College Station City Council consented with Ordinance 2021- 4275 to the June 7, 2021, Disaster Declaration Renewal; and WHEREAS, on August 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, and July 2, 2021; and WHEREAS, on August 12, 2021, the College Station City Council consented with Ordinance 2021-4288 to the August 6, 2021, Disaster Declaration Renewal; and WHEREAS, on September 6, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, Page 297 of 300 Ordinance No Page 5 of 6 February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021; June 7, 2021, July 2, 2021, and August 6, 2021; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1.That the state of disaster renewal proclaimed by the Mayor on September 6, 2021, as set out in Exhibit A is consented to and extended by the College Station City Council and shall continue until terminated by the College Station City Council. 2.This Ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the 9th P day of September, 2021. PASSED AND ADOPTED, this 9th P day of September, 2021. APPROVED:ATTEST: ______________________________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 298 of 300 Ordinance No Page 6 of 6 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON SEPTEMBER 6, 2021 Page 299 of 300 September 9, 2021 Item No. 12.1. Council Reports on Committees, Boards, and Commissions Sponsor:City Council Reviewed By CBC:City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 300 of 300