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03/11/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular *Phone 888 475 4499 and Webinar ID: 976 1243 8266  Internet: https://zoom.us/j/97612438266 March 11, 2021 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *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, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 2 p.m. on the day of the meeting.  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  979­764­3500. 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.     2.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.     3.Consent Agenda     During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on consent agenda items which consists of  ministerial or "housekeeping" items required by law. Items may be removed from the consent  agenda by majority vote of the Council.  3.1.Presentation, discussion, and possible action of minutes for: • February 25, 2021 Workshop Meeting • February 25, 2021 Regular Meeting   Sponsors:Tanya Smith  Attachments:1.WKSHP022521 DRAFT Minutes 2.RM022521 DRAFT Minutes Page 1 of 162  City Council Regular Page 2 March 11, 2021 3.2.Presentation, discussion, and possible action on a resolution adopting fees, rates and charges  as provided by Chapter 2 “Administration”, Article V “Finance” Division 2 “Fees, Rates and  Charges” of the Code of Ordinances, City of College Station, Texas and repealing all prior  resolutions and amendments.  Sponsors:Mary Ellen Leonard  Attachments:1.FY 21­22 Fee Resolution 3­11­21 Final 3.3.Presentation, discussion, and possible action regarding the fiscal year FY 20 deferred funding  of $1,146,926 to the Phase II Systems dba Public Agency Retirement Services (PARS) OPEB  Trust.  Sponsors:Mary Ellen Leonard  Attachments:None 3.4.Presentation, discussion, and possible action on the second reading of a franchise  agreement ordinance with Vos Transport LLC for the collection of demolition and construction  debris, recyclables, and organic waste from commercial, industrial, and multifamily locations.  Sponsors:Donald Harmon  Attachments:1.Franchise agreement on file with the City Secretary's Office 3.5.Presentation, discussion, and possible action regarding a resolution approving an advance  funding agreement (AFA) in the amount of $31,464 between the City of College Station and the  State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's  contribution for certain signal improvements for the intersection of SH 40 and FM 2154.  Sponsors:Emily Fisher  Attachments:1.Resolution SH 40 ­ FM 2154 TXDOT AFA 2.AFA SH 40 at FM 2154 Traffic Signal 3.6.Presentation, discussion, and possible action regarding a construction contract in the amount of  $326,577.33 with Bayer Construction Electrical Contractors, Inc. for the installation of a traffic  signal at the intersection of Harvey Mitchell Parkway (FM 2818) and Dartmouth Drive.  Sponsors:Emily Fisher  Attachments:1.ST 1907 Project Location Map 2.Tabulation 3.7.Presentation, discussion, and possible action regarding an Interlocal Agreement between  theCity of College Station and Rock Prairie Management District No. 2. relating to park facilities.  Sponsors:Natalie Ruiz  Attachments:1.Interlocal Agreement (Park Use Operation and Maintenance) 2­26­2021 2.Midtown­Map 3.8.Presentation, discussion, and possible action regarding a resolution of the City Council of the  City of College Station, Texas, amending Resolution No. 07­09­15­02 adopted July 9, 2015,  authorizing the Rock Prairie Management District No. 2 relating to park and recreational  facilities.  Sponsors:Natalie Ruiz  Attachments:1.Resolution Page 2 of 162  City Council Regular Page 3 March 11, 2021 3.9.Presentation, discussion, and possible action regarding a resolution of the City Council of the  City of College Station, Texas, granting consent to the annexation of approximately thirty­three  acres of land into the Rock Prairie Management District No. 2 located within the city.  Sponsors:Natalie Ruiz  Attachments:1.Resolution  3.10.Presentation, discussion, and possible action regarding the adoption of a resolution approving  three (3) substantial amendments to the Program Year 2020 Annual Action Plan to reprogram  Community Development Block Grant funding and HOME Investment Partnership Program  funding to address repairs to owner­occupied homes and economic assistance for businesses  affected by COVID­19.   Sponsors:Debbie Eller  Attachments:1.Resolution ­ PY2020 Action Plan ­ Substantial Amendments 1­3 3.11.Presentation, discussion, and possible action regarding an ordinance amending Chapter 40,  "Utilities", Article II "Water and Sewer Service" of the Code of Ordinances of the City of College  Station, Section 40­65, “Rates for Sewerage Service”.  Sponsors:Gary Mechler  Attachments:1.Section 40­65 Ord Amend_20210302 3.12.Presentation, discussion, and possible action as it relates to the appointment of a new member,  representing the City of College Station, to the Aggieland Humane Society Board.  Sponsors:Billy Couch  Attachments:None 3.13.Presentation, discussion, and possible action regarding a revision to Community Development  Minor Repair Guidelines to provide greater flexibility in addressing housing repairs that address  the health and safety of the home owner.   Sponsors:Debbie Eller  Attachments:1.Attachment ­ DRAFT Minor Repair Program Guidelines Redlined  Revisions 3.14.Presentation, discussion, and possible action regarding an ordinance repealing Ordinance No.  2020­4197 regarding face coverings for commercial entities.  Sponsors:Jeff Capps  Attachments:1.Face Mask Ordinance 2020­4197 Repeal 3­11­21 3.15.Presentation, discussion, and possible action on a resolution recognizing Texas A&M  University and their Lead by Example campaign, which raised $4.25 billion in the state’s largest  higher education campaign.  Sponsors:Jeff Capps  Attachments:1.Resolution­Lead by Example    4.Regular Agenda     During the Regular agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing, if  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  Page 3 of 162 City Council Regular Page 4 March 11, 2021 4.1.Presentation, discussion, and possible action regarding a construction manager at risk contract  with Jacody Construction, LP for the construction of the new facilities maintenance shop and  resolution declaring intention to reimburse certain expenditures with proceeds from debt. Sponsors:Emily Fisher Attachments:1.Facility Maintenance Building 2021­01­07 2.GG2000 DRR ­ Signed 4.2.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:Jeff Capps Attachments:1.March 11 Disaster Declaration Renewal Ordinance 4.3.Presentation, discussion, and possible action regarding the appointment of Planning & Zoning  Commission representatives to the BioCorridor Board. Sponsors:Tanya Smith Attachments:1.Article 4 ­ BioCorridor Board Ordinance 5.Presentation,  discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.  6.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 March 5, 2021 at 5:00 p.m.  City Secretary 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. 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,  Page 4 of 162  City Council Regular Page 5 March 11, 2021 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 5 of 162 March 11, 2021 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • February 25, 2021 Workshop Meeting • February 25, 2021 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP022521 DRAFT Minutes 2.RM022521 DRAFT Minutes Page 6 of 162 WKSHP022521 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION FEBRUARY 25, 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: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 3:34 p.m. on Thursday, February 25, 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, §551.074- Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 3:35 p.m. on February 25, 2021, in order 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 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 Page 7 of 162 WKSHP022521 Minutes Page 2 B.Consultation with attorney to receive legal advice; to wit: Legal advice concerning requirements under the Interlocal Cooperation and Joint Development Agreement between the City of College Station and the City of Bryan related to the Chapter 380 agreement between the City of Bryan, Bryan Commerce & Development, Inc., Bryan/Traditions, LP, and Traditions Acquisition Partnership, LP. 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 5:06 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Item 3.2, 3.3, and 3.4 was pulled from Consent for clarification. (3.2): Donald Harmon, Public Works Director, explained that this proposed agreement would allow Vos Transport LLC to collect demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations within the City limits of College Station. (3.3): Natalie Ruiz, Economic Development Director, explained that the City of Bryan has requested that College Station adopt a resolution ratifying and approving an economic development incentive by the City of Bryan to a proposed development with Bryan Commerce and Development, Inc., Bryan/Traditions LP, and Traditions Acquisition Partnership, LP in the bio-corridor in accordance with the interlocal agreement. This is the business plan for the Lake Walk Innovation Center (formerly the Nutrabolt Building). (3.4): Donald Harmon, Public Works Director, explained that this contract provides for daily cleaning tasks for general building and office cleaning; restroom, locker room and shower areas; and break rooms, eating areas and lounges. Weekly, monthly, quarterly, and semi-annual cleaning tasks are also included. The original contract may be renewed for up to three (3) additional one (1) year terms for five (5) years total. The increased cost will cover two-year janitorial services for city facilities and the Northgate District. 5. Workshop Agenda 5.1 Presentation, discussion, and possible action regarding the annual traffic contact report required by Senate Bill 1074 of the Texas 77th legislative session. Billy Couch, Chief of Police, stated that each year, in an effort to remain transparent to our community, the police department employs an independent consultant to analyze traffic contact Page 8 of 162 WKSHP022521 Minutes Page 3 data and develop this report. The report indicates that the department is in compliance with state law and continues to employ best practice strategies. Summary of Findings While annual variance can be expected due to the ever-changing environment, a historical review of data reveals remarkable similarities in data analysis across 10 years of data. Overall, the comprehensive analysis of data demonstrates that the College Station Police Department has complied with the Texas Racial Profiling Law and all its requirements. Chief Couch explained that while considering the findings made in this analysis, it is recommended that the College Station Police Department should continue to collect and evaluate additional information on motor vehicle contact data, which may prove to be useful when determining the nature of the contacts police officers are making with all individuals. As part of this effort, the College Station Police Department should continue to: Perform an independent analysis on contact and search data in future years. Commission data audits in 2021 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. 5.2. Presentation, discussion, and possible action on the methodology of the subsidy and recovery policies of parks user fees. Steve Wright, Parks & Recreation Director, explained that prior to the mid-year fee resolution on March 11, 2021, staff presented the methodology utilized to establish user fees for parks and recreation services. The discussion included Council set recovery policies, current subsidies of programs, and how fees fit into the policies. Considerations Review the positioning of services on the Cost Continuum Model Recommend a five-year plan to achieve stated goal, with yearly review and adjustments as needed Develop a common unit of analysis (i.e. – participants and/or participation) to reflect the consistent “participant subsidy” amounts Address financial participation barriers via proactive scholarship programming 2021 Fee Recommendations Approved by Parks & Recreation Advisory Board in November 2020 Fee resolution to Council on March 11, 2021 Criteria for suggested increases: Address rising costs of supplies and staff Movement toward meeting recovery policy, priority in adult sports and rentals Market sensitivity Council directed staff to move forward as presented with the additional direction to review the services currently offered with the intent to offer a variety of services at an acceptable level of subsidy while realizing that pricing is a factor but should not be a prohibitive barrier; and consider including certain services in an enterprise fund with a possible five (5) year plan to support balancing prices with subsidizes. 6. Council Calendar Council reviewed the calendar. Page 9 of 162 WKSHP022521 Minutes Page 4 7. Discussion, review, and possible action regarding the following meetings: 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, Comprehensive Plan Evaluation 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.) No meetings to report on. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 6:14 p.m. on Thursday, February 25, 2021. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 10 of 162 RM022521 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION FEBRUARY 25, 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: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 6:47 p.m. on Thursday, February 25, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments No one signed up to speak. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: February 5, 2021 Retreat January 28, 2021 Workshop Meeting January 28, 2021 Regular Meeting Page 11 of 162 RM022521 Minutes Page 2 3.2. Presentation, discussion, and possible action on the first reading of a franchise agreement with Vos Transport LLC for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations. 3.3 Presentation, discussion, and possible action on a resolution ratifying and approving an economic development incentive by the City of Bryan to a development in the bio-corridor project in accordance with the interlocal cooperation and joint development agreement between the cities of Bryan and College Station. 3.4 Presentation, discussion, and possible action on a two-year janitorial services contract with Andrews Building Service, Inc. for $465,011.10 for city facilities and the Northgate District. 3.5 Presentation, discussion, and possible action regarding a contract with Iteris Inc. for $357,920 purchasing services, equipment, and maintenance of hardware and software. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4241 vacating and abandoning 0.19 acre and 0.58-acre portions of 20-foot wide Public Utility Easements lying along Lots 1-4, of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas. Alma Guerra, Planning and Development, stated that the partial Public Utility Easement abandonments are proposed by the applicant to address site constraints recognized during redevelopment of the property. The portions of easements subject to abandonment are no longer necessary, as there is no public infrastructure within either easement. The remainder of the 20-foot wide Public Utility Easements are adequate to serve all existing public infrastructure. At approximately 6:56 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:56 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4241 vacating and abandoning 0.19 acre and 0.58-acre portions of 20-foot wide Public Utility Easements lying along Lots 1-4, of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Official Records of Brazos County, Texas. The motion carried unanimously. 4.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4242 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. Rachel Lazo, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to Urban on Page 12 of 162 RM022521 Minutes Page 3 approximately 10 acres located west of the existing International Leadership of Texas public charter school campus. This is in preparation for rezoning the property to multi-family to allow for additional residential options in the area. Mrs. Lazo explained that this amendment is consistent with the goals and strategies set forth in the Comprehensive Plan: Staff believes that the Urban designation is appropriate for this property as it would provide a higher concentration of dwelling units located within walking distance to a school (ILT campus), grocery store (Kroger), medical offices, and employment centers. The 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. The Planning and Zoning Commission heard this item at their October 1, 2020 meeting where they voted 3-1 to recommend approval. At approximately 7:50 p.m., Mayor Mooney opened the Public Hearing. Kyle Bryant, College Station, came before council speaking for a group to state that they oppose this change and proposed development. Among the reasons for opposition, he stated that traffic congestion would become a larger issue, the lift station is not properly sized for the density, the homeowners invested in their properties with the current zoning in mind and would suffer a change of community and loss of privacy for those who live closest to the development. The group he represents believes that the comprehensive plan should be followed and written. Linda Lee, College Station, stated that she and her sister are about to purchase a home in Dove Crossing and she is mostly concerned that young children play are in this area. Andrew Spellman, College Station, stated that he and his wife concur with Kyle Bryant and the traffic concerns for this area. Mr. Spellman explained that he has 4 young kids that play in the back yard which any apartment complex would have visibility into. Amber Schafntiz-Sherman, College Station, came before Council to express her concerns regarding the rezoning. She stated her and her family purchased this home because of the area and the perceived safety which could be compromised with this comp plan amendment. Jeremiah Baker, College Station, came before Council to express his concerns about the height restrictions. This proposed property comp plan amendment backs up to his home and the apartment complex would have a view of his back yard. Sushil Pauldyal, College Station, stated that he bought his home in this area about a year ago because of the residential neighborhood and if something like this was in this area, he would have never of bought this home. Robert Borham, College Station, stated he just moved into this area from Katy due to a decline in the residential areas he believes is caused by situations just like this. Louis Tassinary, College Station, stated that what surprises him is that this is the perfect area for the current suburban commercial zoning. Page 13 of 162 RM022521 Minutes Page 4 Lauren Nescio, College Station, stated that there are three things to think about the lighting, wet land, and traffic concern. The Charter School is already creating difficult traffic patterns and this will make that worse. Vicki Lambert-Rodden, College Station, stated that she is against the proposed rezoning. She stated that the current zoning is appropriate for the areas and a rezoning would change the character of the surrounding area. She also believes that the city website could also use improving and is not efficient at providing information. Nan Crouse, College Station, came before Council to express her concern on the bringing a multi- use complex into a residential neighborhood and all the concerns that come along with it: traffic concern, safety, and land use. Patrick Donaldson, College Station, stated that he is not in favor of this proposed plan, especially with the height restrictions. There being no comments, the Public Hearing was closed at 8:33 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted five (5) for and two (2) opposed, with Councilmembers Cunha and Nichols voting against, to deny Ordinance No. 2021-4242 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. The motion carried. 4.3 Presentation, discussion, and possible action regarding Resolution No. 02-25-21-4.3 determining that an easement containing 0.0761 acres of land, and a temporary construction easement containing 0.0799 acres is needed to be acquired from Tortuga 3209, a Texas Joint Venture, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Emily Fisher, Assistant Director Capital Projects, stated that the city staff has negotiated the purchase or dedication of easements from 17 of the 20 parcels needed for the State Highway 6 Waterline, Phase 3 project. The project will install an 18-inch and 20-inch waterline along the SH 6 frontage road to just north of Woodcreek Drive to north of Emerald Plaza. This resolution authorizes eminent domain proceedings for the needed public utility easement and temporary construction easement from one of the remaining three parcels, owned by Tortuga 3209. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Crompton, the City Council voted seven (7) for and none (0) opposed, that the City of College Station approve Resolution No. 02-25-21-4.3 authorizing the use of the power of eminent domain to acquire property belonging to Tortuga 3209 described in the resolution for public utility and public infrastructure purposes. The motion carried unanimously. Recorded Vote: Mayor Mooney - aye Page 14 of 162 RM022521 Minutes Page 5 Councilmember Brick - aye Councilmember Crompton - aye Councilmember Harvell - aye Councilmember Cunha - aye Councilmember Nichols - aye Councilmember Maloney - aye 4.4 Presentation, discussion, and possible action regarding Resolution No. 02-25-21-4.4 determining that an easement containing 1.092 acres of land, and a temporary construction easement containing 0.541 acres is needed to be acquired from Brazos RE Investors Group, LLC, a Texas Limited Liability Company, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Emily Fisher, Assistant Director Capital Projects, stated that the city staff has negotiated the purchase or dedication of easements from 17 of the 20 parcels needed for the State Highway 6 Waterline, Phase 3 project. The project will install an 18-inch and 20-inch waterline along the SH 6 frontage road to just north of Woodcreek Drive to north of Emerald Plaza. This resolution authorizes eminent domain proceedings for the needed public utility easement and temporary construction easement from one of the three remaining parcels, owned by Brazos RE Investors, LLC. 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, that the City of College Station approve Resolution No. 02-25-21-4.4 authorizing the use of the power of eminent domain to acquire property belonging to Brazos RE Investors Group, LLC described in the resolution for public utility purposes and public infrastructure purposes. The motion carried unanimously. Recorded Vote: Mayor Mooney - aye Councilmember Brick - aye Councilmember Crompton - aye Councilmember Harvell - aye Councilmember Cunha - aye Councilmember Nichols - aye Councilmember Maloney - aye 4.5 Presentation, discussion, and possible action regarding Resolution No. 02-25-21-4.5 determining that an easement containing 0.086 acres of land is needed to be acquired from HRKR, LLC, a Texas Limited Liability Company, for the construction, operation, maintenance, inspection, replacement, and removal of one or more public utility lines and other public infrastructure as part of State Highway 6 waterline, phase 3 project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Emily Fisher, Assistant Director Capital Projects, stated that the City staff has negotiated the purchase or dedication of easements from 17 of the 20 parcels needed for the State Highway 6 Waterline, Phase 3 project. The project will install an 18-inch and 20-inch waterline along the SH 6 frontage road to just north of Woodcreek Drive to north of Emerald Plaza. This resolution authorizes eminent domain proceedings for the needed public utility easement from one of the three remaining parcels owned by Page 15 of 162 RM022521 Minutes Page 6 HRKR, LLC. MOTION: Upon a motion made by Councilmember Cunha and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, that the City of College Station approve Resolution No. 02-25-21-4.5 authorizing the use of the power of eminent domain to acquire property belonging to HRKR, LLC described in the resolution for public utility and public infrastructure purposes. The motion carried unanimously. Recorded Vote: Mayor Mooney - aye Councilmember Brick - aye Councilmember Crompton - aye Councilmember Harvell - aye Councilmember Cunha - aye Councilmember Nichols - aye Councilmember Maloney - aye 4.6 Presentation, discussion, and possible action regarding the City's response to the recent winter storm impacting the State of Texas. Jeff Capps, Interim City Manager, gave a brief overview of recent winter storm that struck the State of Texas the weekend of February 13th and 14th, and through the following week, plunged temperatures across the state to lows not seen in some time and severely stressed the core services and infrastructure provided by state and local governments. The presentation offered a review of the storm's impact on our local community and City operations: Police (Chief Billy Couch) -Roadway/Crashes -Facility Concerns Fire (Chief Richard Mann) -Roadway/Crashes -Automatic Aid -Emergency Management Electric (Timothy Crabb) -Timeline/notifications from ERCOT -Rolling Outages/Grids Water (Gary Mechler) -Steps taken to ensure stabilization -Interconnect Activities Public Works (Donald Harmon) -Roadways/Bridges -Sanitation -Facilities Maintenance Communication in a Crisis (Jay Socol) -Mass and timely communication is always difficult 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of Page 16 of 162 RM022521 Minutes Page 7 existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. No discussion at this time. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 10:04 p.m. on Thursday, February 25, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 17 of 162 March 11, 2021 Item No. 3.2. Resolution adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance” Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance” Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas and repealing all prior resolutions and amendments. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve the resolution adopting the Fees, Rates and Charges for Fiscal Year 2021. Summary: All fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. Each year with the budget the Council adopts a new resolution to keep the fees, rates, and charges current. A January adjustment to that ordinance is made primarily for Parks fee adjustments. For the FY21 budget, the fee adjustments were not made for Fire Department fees due to the timing of the new Chief. Fire fees for FY21 have been reviewed by the new Chief, and the mid-year resolution includes fire fee adjustments for FY21. Budget & Financial Summary: Detail of revenue history and budget estimates by major fund can be found in the Fiscal Year 2021 budget document at appendix D-1. The mid-year fee adjustment is not anticipated to materially affect the FY21 budget. Reviewed & Approved by Legal: No Attachments: 1.FY 21-22 Fee Resolution 3-11-21 Final Page 18 of 162 RESOLUTION NO.________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), ESTABLISHING THE FEES, RATES AND CHARGES AS AUTHORIZED IN CHAPTER 2 “ADMINISTRATION”, ART. V. “FINANCE”, DIV. 2 “FEES, RATES AND CHARGES” OF THE CODE OF ORDINANCES; AND REPEALING PRIOR FEES, RATES AND CHARGES FOUND RESOLUTIONS AND AMENDMENTS. WHEREAS, the Code of Ordinances, City of College Station, Texas contains substantially all ordinances compiled, adopted and approved by the College Station City Council; and WHEREAS, Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas requires all fees, rates and charges be adopted by resolution; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has approved, authorized and established the fees, rates and charges as provided by Chapter 2 “Administration”, Art. V. “Finance”, Div. 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas, and as shown in Exhibit A, “Fees, Rates and Charges”. PART 2:That reference to a Chapter, Article, Division or Section in Exhibit A, “Fees, Rates and Charges” shall be considered a reference to the same Chapter, Article, Division or Section from the Code of Ordinances, City of College Station, Texas. PART 3:That the City Council hereby repeals all prior resolutions and amendments establishing any fees, rates or charges as are established in Exhibit A, “Fees, Rates and Charges”. PART 4:That this resolution shall become effective immediately after passage and approval. ADOPTED this 11th day of March, 2021. ATTEST:APPROVED: City Secretary Mayor APPROVED: City Attorney Page 19 of 162 Resolution No._________Page 2 of 50 March 11, 2021 EXHIBIT A FEES, RATES AND CHARGES CHAPTER 2: ADMINISTRATION 1.Article V. Finance Division 2. Fees, Rates and Charges a.Sec. 2-118. Service fees for credit card payments. i.Service fee established. The fee for a payment by a card for a fee, fine, court cost, or other charge shall be set as $3.00 per transaction as established in Section 2- 117. b.Sec. 2-119. Police Department Services. i.Police Escorts. $50.00 per hour per each officer. ii.Livestock Permit Fee. – $35.00 c.Sec. 2-120. Fire Department Services i.Requests for incident reports prepared by the Fire Department. ii.Mileage charges for Fire Department services outside the City limits will be in accordance with the IRS Standard Mileage Rates and may change from time to time. All tests conducted outside the city limits shall be charged at this rate times 1.5 plus mileage plus $20.00 for travel time. iii.Fire Department inspections of day care centers. - $50.00 iv.Fire Department inspections of foster homes. - $30.00 v.Fire Department inspections of nursing home facilities. - $150.00 vi.Fire Department inspections of health care facilities. - $150.00 vii.Alternative Fire Suppression Systems - $100 viii.Addition of a controlled access system tested that are tied into the fire alarm systems - $100 ix.Fire Department inspections of automatic fire alarm systems. $100.00 for up to 25 devices. Additional devices after are $2.00 per device. Any additional inspections are $75.00 per hour with a 2-hour minimum paid in advance. Multi-story buildings floors 1-4 are included. Any additional floors above 4 are permitted per floor. Multi-building complexes will be permitted per building up to 4 floors. x.Fire Department testing of underground fire lines. - $150.00 xi.Fuel tank testing performed by the Fire Department. - $100.00 xii.Fuel line leak testing performed by the Fire Department. - $100.00 xiii.Fire sprinkler system testing performed by the Fire Department. $125.00 for up to 100 heads. Additional heads after 100 are $1.00 per head. Any additional inspection on the same system is $125.00 per inspection. Multi-story buildings floors 1-4 are included. Any additional floors above 4 are permitted per floor. Multi-building complexes are permitted per building up to 4 floors. xiv.Fire Department inspections of a hospital- $250.00 xv.Annual life safety inspections, after the second re-inspection a $150 re-inspection fee will be assessed on each inspection thereafter. Page 20 of 162 Resolution No._________Page 3 of 50 March 11, 2021 xvi.Fire Department Burn Permit Fee – Ten Day Commercial Burn Permit $500.00 and Ten Day Residential Burn Permit - $50.00 xvii.Fire Department after hours (after hours means anytime other than Monday – Friday 8 AM – 5 PM) inspection - $75.00 per hour, per inspector with a two- hour minimum charge. xviii.Fire Department Stand by for special events $50 per hour per person xix.The provision of emergency medical services basic life support (BLS) with transportation. - $1,200.00 base fee plus $19.00 per loaded mile xx.The provision of emergency medical services advanced life support (ALS1) with transportation. - $1,400.00 base fee plus $19.00 per loaded mile xxi.The provision of emergency medical services advanced life support, level 2 (ALS2) with transportation. - $1,650.00 base fee plus $19.00 per loaded mile xxii.The provision of emergency medical services specialty care transport (SCT) from one medical facility to another medical facility. - $1,700.00 base fee plus $19.00 per loaded mile xxiii.The provision of fire and emergency medical services for non-residents without transportation. - $250.00 xxiv.Administrative fees and reimbursement fees for supplies and medications. 1.The provision of BLS, ALS1 or ALS2 services with transportation when oxygen is used shall be charged a $130.00 supply fee to cover oxygen costs. 2.The provision of BLS services with transportation shall be charged a $200.00 supply fee to cover single patient use items. 3.The provision of ALS1 or ALS2 services with transportation shall be charged a $400.00 supply fee to cover single patient use items. xxv.Hazardous Materials incidents 1.Level I response - Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up, and command. $300 per hour with a 1-hour minimum plus consumables at market value. 2.Level II response - Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decontamination center. $600 per hour with a 2-hour minimum plus consumables at market value. d.Sec. 2-122. Planning and Development Services Department. The development application and permit fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. Page 21 of 162 Resolution No._________Page 4 of 50 March 11, 2021 i.Building permit fees for structures requiring a building permit: 1.Building Permit Fee Schedule Estimated Commercial Construction Valuation Permit Fee $0 to $50,000 $32.00 for the first $1,000 valuation plus $5.00 for each additional $1,000 valuation or fraction thereof up to $50,000 valuation $50,001 to $100,000 $293 for the first $50,000 valuation plus $4.25 for each additional $1,000 valuation or fraction thereof up to $100,000 valuation $100,001 to $500,000 $506 for the first $100,000 valuation plus $3.25 for each additional $1,000 valuation or fraction thereof up to $500,000 valuation $500,001 and up $1,784 for the first $500,000 valuation plus $2.25 for each additional $1,000 valuation thereafter Residential Permit Type Permit Fee New Single Family or Duplex Building $0.59 per square foot New Multifamily Building $.36 per square foot Single Family or Duplex (Remodel and Addition) $0.59 per square foot ($100 minimum) Multifamily Remodel or Addition $0.36 per square foot ($100 minimum) Residential Accessory: Living Quarters or Pool House $0.59 per square foot ($100 minimum) Residential Accessory (All Other)$0.44 per square foot ($50 minimum) Page 22 of 162 Resolution No._________Page 5 of 50 March 11, 2021 2.Re-inspection fee. - $104.00 ii.Electrical permit fees. 1.Repair and alteration electrical permit. - $43.00 2.Residential electrical permit. – $43.00 minimum base fee for the first 1,000 square feet of the building area plus $0.02 per square foot over 1,000 square feet 3.Commercial electrical permit. - $43.00 minimum base fee for the first $1,000 square feet of the building area, , plus $0.02 per square foot over 1,000 square feet. 4.Temp Poles base fee $32.00 (Bryan Texas Utilities); $32.00 (Entergy); $80.00 base fee plus connection fee (College Station Utilities) 5.Re-inspection fee. - $104.00 iii.Mechanical permit fees. 1.Residential and Multifamily Mechanical permit. - $43.00. minimum base fee for the first 1,000 square feet of the building area, plus $0.02 per square foot over 1,000 square feet 2.. Commercial Mechanical and Mechanical Change-out permits- $ 32.00 minimum base fee for the first $1,000 valuation plus $5.00 for each additional $1,000 valuation, or fraction thereof. 3.Re-inspection fee. - $104.00 4.Residential Mechanical Change Out permit - $75.00 iv.Plumbing permit fees. 1.Basic plumbing permit. - $32.00 base fee 2.Plumbing fixtures - $5.00each 3.Gas permit. a.Base fee. - $32.00 b.Gas Piping. - $5.00up to four gas outlets, $1.00for each outlet over four 4.Re-inspection fee. - $104.00 v.Lawn sprinkler permit fees. 1.Lawn sprinkler irrigation permit. - $32.00 2.Re-inspection fee. - $104.00 vi.Miscellaneous permit fees. 1.Demolition permit. - $53.00 2.Moving permit. - $105.00 3.Vent hood permit - $75.00 4.Walk-in cooler permit - $75.00 5.Location permit. - $53.00 6.Commercial Solar panels. $650.00 7.Residential Solar panels. - $550.00 8.Commercial Roof permit.-$150.00 9.Multifamily Roof permit. - $150.00 10.Residential Roof permit. - $75.00 11.Pool Permit. - (see Building Permit Fee Schedule) 12.Window Replacements. - $100.00 Page 23 of 162 Resolution No._________Page 6 of 50 March 11, 2021 13.Short Term Rental inspection fee $100.00 14.Short Term Rental permit fee $100.00 15.Short Term Rental permit renewal fee $75.00 vii.Contractor registration fee. - $64.00 viii.Oil and gas development application fees. 1.Application fee. - $6,455.00 2.Annual permit renewal fee. - $2,152.00 3.Abandonment fee. - $2,152.00 4.Consultant fee. - Contracted Fee 5.Contract inspector fee. – Contracted Fee 6.Road maintenance agreement fee. - As Calculated 7.Seismic survey permit fee. – $5,379.00 ix.Municipal Utility District fees. 1.Fee to process petition to create district. - $32,232.00 2.Fee to process petition to acquire or annex land. - $32,232.00 3.Infrastructure plan review and inspection fee (Including ETJ). – 1.6% of infrastructure cost ($639.00 minimum) x.After hours (after hours means anytime other than Monday – Friday 8 AM – 5 PM) inspection - $77.00 per hour, per inspector with a two hour minimum charge. xi.Planning and Development Services Fees as Authorized by Appendix A-12- 3.2- C-3. 1.Administrative Adjustment - $107.00 2.Alternative Parking Plan - $107.00 3.Banner Permit - $224.00 4.Comprehensive Plan Amendment - $1,321.00 5.Conditional Use Permit - $1,321 .00 6.Construction Board of Adjustments - $543.00 7.Design Review Board - $405.00 8.Development Permit/Public Infrastructure Review and Inspection Fee - (1.6%) of infrastructure cost ( $639.00 minimum) 9.Re-inspection Fee (applies to all inspection types) - $104.00 10.Final Plat or Development Plat - $1,055.00 11.Final plat (minor or amending) - $799.00 12.License to Encroach - $863.00 13.PDD Amendment - Staff Review Only - $202.00 14.PDD Amendment - P&Z/Council Review - $362.00 15.Private Improvement in the Public R-O-W (PIP) Permit - $405.00 16.Portable Storage Container Permit Fee - $53.00 17.Preliminary Plan - $1,055.00 18.Rezoning (Including PDD and P-MUD) - $1,321.00 19.R-O-W/Easement Abandonment - $799.00 20.Sign Permit (except for banners) - $162.00 21.Site Plan - $1,055.00 22.Minor Site Plan - $405.00 23.Waiver or Variance – Subdivision Regulations - $266.00 Page 24 of 162 Resolution No._________Page 7 of 50 March 11, 2021 24.Written Interpretation - $128.00 25.Zoning Board of Adjustment - $405.00 26.Zoning Letter - $107 27.Non-Residential Architectural (NRA) Review* - $405.00 *Excludes existing projects involving painting only 28.Returned Check Fee - $25.00 29.Tent permit. – (see Building Permit Fee Schedule) Page 25 of 162 Resolution No._________Page 8 of 50 March 11, 2021 FEES, CHARGES AND RATES NOT LISTED IN FINANCE SECTION OF CODE OF ORDINANCES: CHAPTER 6: ANIMALS 1.Article I. In General a.Sec. 6-116(1). Requirements for owner of a dangerous dog. i.Registration. Register the dangerous dog with the Animal Control Authority and pay an annual registration fee of $500.00 for the first year and a $250.00 re- registration fee thereafter unless such dog has violated one or more provisions of this chapter during the previous year, in which case an annual renewal registration fee of $500.00 shall be assessed as established in Section 2-117. b.Sec. 6-150(c). Rabbits. i.Permit requirements. The following is required to be issued a permit for keeping of rabbits in a single-family residential zone: payment of a fee as may be established in Section 2-117. - $35.00 c.Sec. 6-151(c). Ferrets. i.Permit requirements. The following is required to be issued a permit for ferrets: payment of a fee as may be established in Section 2-117. - $35.00 Page 26 of 162 Resolution No._________Page 9 of 50 March 11, 2021 CHAPTER 8: BUSINESSES 1.Article III. Credit Access Businesses Division 2. Registration a.Sec. 8-81. Required. i.A person commits an offense if the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. A fee of $50.00, which may be amended from time to time by resolution or ordinance is established for each physically separate credit access business within the City limits. 2.Article IV. Gravediggers Division 2. License a.Sec. 8-145. Gravediggers. i.A person who seeks a license hereunder shall apply to the City Secretary on a form furnished for such purpose. Upon meeting the qualifications and requirements of this division, such person shall be issued a license by the City Secretary. Each new applicant shall pay an application fee of $100.00. Each licensee must pay a yearly renewal fee of $25.00. All yearly fees and proof of insurance are due by March 15. A license shall be effective for a period of one year from the date of issuance or until the set renewal date of March 15. 3.Article V. Home Solicitation and Itinerant Vendors Division 2. Home Solicitor Registration a.Sec. 8-210(b). Application; fee; expiration; non-transferability; material changes. i.Application filed under this section must be accompanied by a nonrefundable registration fee of $50.00. ii.Renewal Application filed under this section must be accompanied by a nonrefundable registration fee of $25.00. iii.Identification badge fee - $10.00. b.Sec. 8-211(d). Issuance, denial, and display of registration; identification badge. i.If a City-issued home solicitor's identification badge is lost, mutilated, or destroyed, the City Manager or designee shall issue the registrant a duplicate identification badge upon payment of a $10.00 duplicate badge fee. Division 3. Itinerant Vendor Permit c.Sec. 8-235(d). Required; application. i.An application for an I-Vendor permit shall be accompanied by a fee of $53.00 Page 27 of 162 Resolution No._________Page 10 of 50 March 11, 2021 4.Article VI. Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events Division 2. Permit a.Sec. 8-296. Fees. i.Application. The applicant shall pay a nonrefundable application fee established in Section 2-117 upon submission of an application to the City. The application fee may be waived for a nonprofit association holding an event. The application fee shall not be waived for any event involving alcohol sales and/or consumption. - $213.00 ii.Re-inspection fee. If the event is not operated on consecutive calendar days, the City shall re-inspect the premises as provided herein. A re-inspection fee of $53.00 shall be paid by the applicant to the City to cover the cost of each re-inspection. 5.Article VII. Secondhand Dealers Division 2. Permit a.Sec. 8-361(a). Issuance, fee. i.Upon receipt of the application, the City Accounts Receivable Fiscal Services Department shall issue a permit upon the payment of a fee established by the City Council in Section 2-117; provided, however, no permit shall be issued to any applicant who has been found guilty of a criminal offense against property defined in Texas Penal Code title 7 (Texas Penal Code ch. 28 et seq.) by a court of competent jurisdiction within the preceding five years. Permits issued hereunder shall be valid for a period of one year from the date of issuance thereof. 6.Article VIII. Mobile Food Vendors Division 2. Permit a.Sec. 8-418. Permit fee. i.The application fee for a mobile food vendor permit shall be $533.00. Each mobile food vendor unit shall be permitted separately. Mobile food vendor permits shall be valid for one year from the date of permit issuance. ii.Upon renewal, the applicant must provide a new complete application, payment of a $266.00 renewal fee, and new permitting documentation. The applicant must submit the application and renewal fee within 30 days after expiration of the permit or must reapply as a new applicant. iii.The application fee for a concession cart shall be $266.00 for initial application, and a renewal fee of $107.00 7.Article IX. Northgate Outdoor Dining and Entertainment Division 2. Permit a.Sec. 8-475. Application fee. i.Applicants for peak period must pay a non-refundable permit application fee of $373.00 plus $2.25.00 per square foot of permitted area when the original permit application is submitted to the City and a non-refundable permit application fee of Page 28 of 162 Resolution No._________Page 11 of 50 March 11, 2021 $186.00 plus $2.25.00 per square foot of permitted area for an annual renewal. Non-peak period only permits shall not be assessed a permit fee. b.Sec. 8-476(b). Amended Application. i.The applicant must pay a non-refundable amended permit application fee of $186.00 plus $2.25.00 per square foot when the amended permit application is submitted to the City. 8.Article XI. Taxicabs Division 2. Service License a.Sec. 8-588(c). Application. i.Each application shall be accompanied by a non-refundable license fee of $50.00 per taxicab license service to defray the expense of carrying out the provisions of this section. Division 3. Driver Permit b.Sec. 8-619(b). Fee generally; issuance; term. i.The annual fee for driver’s permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c.Sec. 8-620. Term; expiration; renewal. i.The term of all permits shall be for not more than one year with expiration on December 31. Renewals shall be applied for in the same manner as specified for the original permit. Renewal permits may be issued during the month of December for expiration on December 31 of the following year. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. Division 4. Vehicle Permit d.Sec. 8-650. Fees. i.The annual fee for vehicle permits issued prior to June 30 shall be $10.00. Fees for permits issued on June 30 or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. ii.The annual fee for vehicle permits issued prior to June 30 shall be established in Section 2-117. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a fee established in Section 2-117. $50.00 Page 29 of 162 Resolution No._________Page 12 of 50 March 11, 2021 e.Sec. 8-654. Reinstatement of suspended permit; fee. i.Vehicle permits suspended because of failure to comply with the requirements of Section 8-649(b) may be reinstated as soon as the vehicle is brought back into compliance with Section 8-649(b). Application for such reinstatement shall be made in writing to the City on the form provided by the City. The non-proratable fee for such reinstatement shall be $5.00. 9.Article XII. Pedicabs Division 2. License and Permit Subdivision II. License a.Sec. 8-742. License fee. i.Each application must be accompanied by a non-refundable license fee $50.00. Subdivision III. Permit b.Sec. 8-774(c). Pedicab Permits. i.Fees. The annual fee for pedicab permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. The fee is not refundable in the event the permit is canceled or revoked prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. c.Sec. 8-775(d). Revocation and suspension of pedicab permit. i.Reinstatement of suspended permit and fee. Pedicab permits suspended because of failure to comply with the requirements of this article may be reinstated as soon as the pedicab is brought back into compliance. Application for such reinstatement shall be made in writing to the City on the form provided by the City. The fee for reinstatement shall be $5.00. Division 3. Driver Permit d.Sec. 8-806. Fee. i.The fee for driver permits issued prior to June 30th shall be $10.00. Fees for permits issued on June 30th or there after shall be $5.00. No portion of the fee shall be refunded in the event the permit is terminated prior to expiration. Permit documents which are lost or destroyed may be replaced upon payment of a $5.00 fee. 10.Article XIII. Dockless Bike Share Program a.Sec. 8-824. Fees and Costs. i.Permit Application Fee. $750.00. ii.Permit Renewal Fee. $375.00. iii.Removal, Impoundment, and/or Relocation Fee. A dockless bike share operator shall be assessed a $125.00 for each bike removed, impounded, or relocated. Page 30 of 162 Resolution No._________Page 13 of 50 March 11, 2021 CHAPTER 10: CEMETERIES 1.Article II. City Owned or Maintained Cemeteries a.Sec. 10-25(e). Purchase options. i.Price. The price of all spaces in the City cemeteries shall be established As: CEMETERY FEES FY 2021 1. College Station Cemetery: Standard Space $1,450 Cremate Space $440 Infant Space $220 2. Memorial Cemetery of College Station: Municipal Section: Standard Space $1,450 Columbaria Niche $825 Infant Space $220 Aggie Field of Honor: Standard Space $3,000 Columbaria Niche $1,650 3. Grave Opening and Closing Fee $150 4. Mark the Grave and Set the Monument $100 5. Memorial Bench Set Fee $100 6. Cemetery Deed Filing Fee $34 Page 31 of 162 Resolution No._________Page 14 of 50 March 11, 2021 CHAPTER 12: EMERGENCY MANAGEMENT AND EMERGENCY SERVICES 1.Article III. Ambulances Division 2. Permit a.Sec. 12-79(a). Permit fees, conditions and renewal. i.The fee for the permit required in Section 12-77 shall be $500.00 per company and $150.00 per ambulance, and all permits issued under this division shall terminate on December 31 of each year. Such permits may be renewed by paying the permit fee and submitting proof of current Texas Department of Health Services license and liability requirements as provided in section 12-78, and other documentation required by the EMS Chief. 2.Article IV. Alarm Systems a.Sec. 12-113(b). False alarms. i.An alarm user or subscriber shall be allowed three false alarms in a preceding 12- month period without penalty. After this, a user or subscriber shall be assessed a fine fee based on the following schedule established in Section 2-117. ii.Police Department Number of False Alarms Fine 1.1—3 false alarms $0.00 2.4—5 false alarms $50.00 for each false alarm 3.6—7 false alarms $75.00 for false alarm 4.8 or more false alarms $100.00 for each false alarm iii.Fire Department Number of False Alarms 1.1—3 false alarms $0.00 2.4—5 false alarms $85.00 for each false alarm 3.6—7 false alarms $110.50 for false alarm 4.8 or more false alarms $145.00 for each false alarm Page 32 of 162 Resolution No._________Page 15 of 50 March 11, 2021 CHAPTER 14: ENVIRONMENT AND NATURAL RESOURCES 1.Article II. Oil and Gas Division 2. Production Permits Subdivision I. In General a.Sec. 14-58. Permit application generally. i.A permit application shall include Application fee as set by Council resolution established in Section 2-117. b.Sec. 14-67(b). Permit period and renewal. i.The operator will submit an application form for a renewal permit no later than 30 days before the expiration of the operator's permit, and indicate in the application what changes are requested at the oil or gas operations site. An inspection and renewal fee established in Section 2-117 shall be paid at the time of reapplication. The operator recognizes the reclassification of a permit from rural to urban may occur due to adjacent development. $6,455.00 ii.Application requirements. Renewal applications shall include any of the following items which have changed since the original permit application, which shall be current and updated, as applicable, to cover the renewal period: 1.Renewal application fee as set by Council resolution established in Section 2-117. $2,152.00 Subdivision II. Permit Types and Requirements c.Sec. 14-99(b). Urban permit. i.Notice. Before consideration of an urban permit application by the City Council, the City Engineer shall cause the following notices of public hearing to be issued, at the operator’s expense, no later than two weeks before the regular Council meeting in which the public hearing will be held: 1.Notice of the public hearing shall be published in a newspaper of general circulation in the City. 2.Notice of the public hearing shall be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $4.00 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public the consent form acceptable to the City. d.Sec. 14-100(a). Rural permit. i.Notice. Before final consideration of a rural permit application by the City Engineer, the City Engineer shall cause the following notices to be issued, at the operators expense, to provide at least a two-week public comment period before any final action is taken by the City Engineer: Page 33 of 162 Resolution No._________Page 16 of 50 March 11, 2021 1.Notice of the rural permit application shall be published in a newspaper of general circulation in the City; and 2.Notice shall also be made to all persons with property within 1,000 feet of the proposed oil or gas operations site as shown by the latest Brazos County Appraisal District certified tax rolls, by certified mail, return receipt requested. The operator shall pay the City $4.00 for each such notification letter. No notification letter shall be required for property owners who have signed and acknowledged before a Notary Public consent to the proposed oil or gas operations or waiver of the right to receive further notices. e.Sec. 14-101. Seismic survey permit. i.Process. To obtain a permit, the operator must apply to the City, pay the permit fee as established by resolution of the City Council established in Section 2-117, and execute a License Agreement on a form approved by the City Attorney. The City Manager or his/her designee may negotiate and execute the License Agreement on behalf of the City. $5,379.00 Division 3. Other Requirements f.Sec. 14-151(a). Abandonment. i.The operator pays an abandonment fee in an amount set by Council resolution established in Section 2-117. $2,152.00 Page 34 of 162 Resolution No._________Page 17 of 50 March 11, 2021 CHAPTER 16: FIRE PREVENTION AND PROTECTION 1.Article I. In General a.Sec. 16-2(b). Emergency and rescue services. i.Fees shall be collected for services provided within the College Station Fire Department designated response area that includes both inside and outside the City limits. Fees will not exceed the amount expended by the College Station Fire Department. Fire Administration shall collect applicable incident report information that will be forwarded to the College Station Fire Department's authorized agent responsible for collection of any incurred fees. The fees shall be established in Section 2-117. Page 35 of 162 Resolution No._________Page 18 of 50 March 11, 2021 CHAPTER 24: LIBRARIES 1.Ch. 24. Libraries a.Sec. 24-2. Library fines, fees and other charges. i.All collections. $0.25 per day, with a maximum being the replacement cost of the materials (books, paperbacks, phonograph records, audiobooks, cassettes, periodicals and materials from the vertical file). There shall be a five-day grace period for books and paperbacks borrowed from the adult collection. ii.All collections of art prints and sculpture and DVD’s, Blue-rays. $1.00 per day, with a maximum being the cost to replace the item. iii.Lost materials. Charges for lost or irreparably damaged items include the cost of the item plus a $5.00 non-refundable service charge. iv.Damaged materials. Charges are determined by the cataloging department of the library, based on the amount of time spent and materials used in repairing the item. – Cost of the item plus $5.00. v.Replacement of borrower's card. The initial card for County residents is free of charge. A $3.00 fee will be charged to replace a lost card. vi.Non-resident library cards. Library cards will be issued to out-of-County residents for an annual fee of $24.00; such card is valid for one year from the month of purchase. vii.Returned Check Fee is $15.00. viii.Any collection agency fees. Page 36 of 162 Resolution No._________Page 19 of 50 March 11, 2021 CHAPTER 28: MUNICIPAL COURT OF RECORD 1.Ch. 28. Municipal Court of Record a.Sec. 28-1(i). Generally. i.In the event of an appeal, the appellant shall pay a transcript preparation fee in the amount of $25.00. The transcript preparation fee does not include the fee for an actual transcript of the proceedings. The Clerk shall note the payment of the fee on the docket of the Court. If the case is reversed on appeal, the fee shall be refunded to the appellant. In addition to the transcript preparation fee, the fee for the actual transcript of the proceedings and statement of facts must be paid by the appellant, pursuant to Texas Government Code §§ 30.00014 and 30.00019. b.Sec. 28-3(b)(3). Juvenile Case Manager / Truancy Prevention & Diversion i.Each defendant convicted of a fine-only misdemeanor offense in the Municipal Court shall pay a Juvenile Case Manager fee of $5.00 as a cost of Court in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a fine- only misdemeanor offense. c.Sec. 28-4(c). Municipal Court building security fund. i.Each defendant convicted of a misdemeanor offense in the Municipal Court shall pay a Municipal Court building security fee of $4.90 as a cost of Court, in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. d.Sec. 28-5(c). Municipal Court technology fund. i.Each defendant convicted of a misdemeanor offense in the Municipal Court of Record shall pay a Municipal Court technology fee of $4.00 in addition to any other fines, penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. e.Sec. 28-6(b). Municipal Court child safety fund. i.Authorization for fund. For every violation of an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Texas Transportation Code § 542.202 or ch. 682 in the Municipal Court as a cost of Court, $5.00 shall be assessed in addition to any other fines, penalties, or Court costs and shall be collected in the same manner that other fines in the case are collected. f.Sec. 28-5(c). Municipal Jury fee. i.Each defendant convicted of a misdemeanor offense in the Municipal Court of Record shall pay a Municipal Court Jury fee of $.10 in addition to any other fines, Page 37 of 162 Resolution No._________Page 20 of 50 March 11, 2021 penalties, or Court costs required by City ordinance or State or Federal law. A separate fee must be paid for each separate conviction of a misdemeanor offense. Page 38 of 162 Resolution No._________Page 21 of 50 March 11, 2021 CHAPTER 32: PARKS AND RECREATION 1.Article II. Public Conduct in Parks and Recreational Areas Division 2. Use Permits a.Sec. 32-62(6). Application procedure. i.Payment of a fee, if any, as may from time to time be established by the City Council by Section 2-117. PARKS & RECREATION DEPARTMENT FY 2021 GENERAL FUND USER FEES Effective January 14, 2021 ATHLETIC FIELDS FY 2021 1. Athletic Field Rental ~ One (1) Field, Per Day (Includes Field Redevelopment Fee of $15)$300 / day 2. Athletic Field Rental ~ One (1) Field, Per Hour (Includes Field Redevelopment Fee of $5)$40 / hour 3. Athletic Field Rental Deposit Varies 4. Lights for Field Rentals (Per Hour/Per Field)$30 / hour 5. Bee Creek Batting Cage Rental, Per Hour N/A 6. Tournament/Event Rate Contact Parks and Recreation for Pricing 7. Key Fee (New Annual Fee and Replacement Fee)$10 each 8. TAMU Game Day Parking Fee @ a City Facility Parking Lot (City Hall & Wayne Smith Complex & Crompton Park)$10 / day 9. TAMU Game Day Parking Fee – Self Contained RV Unit $50 / day ~ In addition to the rental fees, a deposit will be charged and paid by the renter in advance of any tournament. The deposit will vary depending on the type and size of the tournament. ~ In addition to the rental and deposit fees, additional fees may be assessed to the renter depending on the length and type of tournament in order to cover expenses incurred by the City for personnel and supplies needed to facilitate the tournament. ~ Initial game field prep and light fees are included in the daily rental fee, but not in hourly rental fees. Page 39 of 162 Resolution No._________Page 22 of 50 March 11, 2021 FY 2021 PAVILION RENTAL DAILY RATES Resident Rate Non Resident Rate 1. Bee Creek (100) / Oaks (40) Pavilions Monday – Thursday $200 $240 Friday – Sunday, and Holidays $250 $300 Deposit $200 $200 2. Central (200) / Bachmann (300) Pavilions Monday – Thursday $350 $360 Friday – Sunday, and Holidays $350 $420 Deposit $200 $200 3. John Crompton Park Pavilion (100) Monday – Thursday $200 $240 Friday – Sunday, and Holidays $250 $300 Deposit $200 $200 4. American Pavilion in Veterans Park (500) Monday – Thursday $350 $420 Friday – Sunday, and Holidays $400 $480 Deposit $200 $200 5. Dog Park Rentals – (Steeplechase Park and University Park) $150 $180 6. Transfer / Cancellation Fee Per Change $20 ~ Deposits are refundable if the facility is left clean, damage-free, and the keys are returned. ~ Deposits are refundable, less the $20 cancellation fee if reservation is cancelled no later than seven (7) days prior to rental date. ~ ( ) – The parenthesis by each pavilion shows the limit of occupants that the pavilion can facilitate. PERMITS & COMMISSIONS FY 2021 1. Vendor Permit $50 2. Alcohol Permit $55 ~ Permit is required when alcohol is served at Lick Creek Nature Center, Lincoln Center, Meyer Community Center, Southwood Center, Wolf Pen Creek and Veterans Park rentals.) 3. Boot Camp Permit (per time slot selected weekly)$10 per month 4. Commissions: (Gross Sales minus Sales Tax) Food & Drinks 10% Other Goods 10% Alcoholic Beverages 20% Page 40 of 162 Resolution No._________Page 23 of 50 March 11, 2021 FY 2021 WOLF PEN CREEK Resident Rate Non Resident Rate 1. Amphitheater Rentals Per Day: Non Commercial ~ Benefit Rental $1,000 $1,200 Professional/Commercial Rentals $1,500 $1,800 2. Green Room Events ~ per hour, 2 hour minimum Non Commercial $100 $120 Commercial $120 $144 3. The Plaza at Wolf Pen Creek Rental (Includes Pavilion and Restrooms)$200 $240 4. Festival Site Rental Non-Commercial ~ Benefit Rental $750 $900 Private Commercial Rental $1,000 $1,200 5. Amphitheater & Festival Site Rental Non-Commercial ~ Benefit Rental $1,250 $1,500 Private Commercial Rental $1,750 $2,100 6. Deposit For Green Room, Plaza, or Festival Site $200 For Amphitheater $600 7. Transfer / Cancellation Fee Per Change Per Rental Agreement ~ A percentage of ticketing and fees for service personnel and vending charges will be added accordingly for amphitheater rentals. ~ A percentage of the gate will be negotiated for commercial events. ~ Non Commercial is defined as: Non-profit, student, civic or private. ~ Security deposits are based upon participants/attendees. Page 41 of 162 Resolution No._________Page 24 of 50 March 11, 2021 PARKS & RECREATION DEPARTMENT FY 2021 REC FUND FEES Effective January 14, 2021 FY 2021 ADULT SPORTS PER TEAM Resident Rate Non Resident Rate 1. Volleyball (No Field Redevelopment Fee Included)$250 2. Softball (Inc. $50/Team Field Redevelopment Fee)$410 3. KickBall (Inc. $50/Team Field Redevelopment Fee)removed 3. Adult Team Sports (NoTeam Field Redevelopment Fee)$410 3. Adult Sports per person fee ($10 Team Field Redevelopment Fee if applicable)$75 4. removed 5. Ultimate Frisbee (per person)N/A 6. Tennis Lessons Per Person (Moved from Instruction)$90 $108 7. Outside League Field Redevelopment Fee Per Team $95 $114 8. Outside League Per Game Contract Fee $15 $18 9. Transfer/Cancellation/Late Registration Fee $20 Adult sports are registered as a team unless otherwise noted. FY 2021 INSTRUCTION FEES PER PERSON Resident Rate Non Resident Rate 1. All class fees will be set according to the individual needs of each class and are based upon the City of College Station recovery policy. 2. Instruction Class Transfer / Cancellation Fee $20 FY 2021 YOUTH SPORTS PER CHILD Resident Rate Non Resident Rate 1. Youth sports without Field Redevelopment fee $80 $96 Page 42 of 162 Resolution No._________Page 25 of 50 March 11, 2021 2. Youth sports with Field Redevelopment fee ($10 per child)$80 $96 3. Outside League Field Redevelopment Fee Per Child ~ All Sports (based on City tier system per season)$15/20/25 $18/24/30 4. Challenger Sports (Basketball, Bowling, Soccer)$15 $18 5. USTA Tennis League $100 $120 6. Tennis Lessons $90 $108 7. Start Smart Sport, Camps & Clinics $35 8. Youth Sports Transfer/Cancellation Fee (Per Child)$20 FY 2021 AQUATICS PROGRAMS Resident Rate Non Resident Rate 1. Swim Lessons 45-Minute Lesson $50 $60 25-Minute Lesson*$45 $54 2. Stroke Clinic NA NA 3. Water Fitness (Unlimited Pass)$100 4. Swim Team (No Field Redevelopment Fee)$135 (-$10 each sibling) 5. Transfer / Cancellation Fee $20 * Children ages 5 and under attend only a 25-minute lesson. All other lessons are 45 minutes in length. 6. General Admission Per Person (Ages 3 and Up) Hallaran $3 Adamson $6 7. Discount Pass – 25 Swims Hallaran $60 *College Station Pools $120 8. Family Season Pass (Up to Five Family Members) Fee for Additional Members in Excess of Five $30 Per Person Hallaran $250 Page 43 of 162 Resolution No._________Page 26 of 50 March 11, 2021 *College Station Pools $325 9. Individual Season Pass Hallaran $150 *College Station Pools $200 10. Pool Rentals Hallaran: Up to 100 people $250 $300 Adamson: Up to 100 people $375 $445 101 – 300 people $600 $720 301 – 600 people $800 $960 Deposit (all Pools)$200 $200 11. Pool Parties Per Person – (2 Hour Period) Pavilion Party (Four-table Limit)$20 12. Junior Lifeguard Program Per Person, Per Session $75 13. Lifeguard Training Fee, Per Person $150 14. WSI Class Fee, Per Person $150 (or $200 with Lifeguard) 15. Summer Day Camp (CSISD)Up to 50% res. rate 16. CPR/First Aid Certification Fee, Per Person $75 17. Transfer/Cancellation Fee for Pool Rentals 1/3 of rental fee *College Station Pools passes are valid at all City of College Station pools FY 2021 LINCOLN CENTER Resident Rate Non Resident Rate Programming 1. After School Program: Youth (17 & Under) (Qualifying Families – low income) $75/sem. $45/sem. $90/sem. $54/sem. Transportation Fee (CSISD to LRC)$45/sem. 2. Summer Program (Per Session)$60 $72 3. Late Pick-up Fee: 1st Fifteen Minutes $5 Page 44 of 162 Resolution No._________Page 27 of 50 March 11, 2021 Each Additional Minute Thereafter $1 4. Membership Pass Adult (18 & over)$15/mo.$18/mo. 5. Non-Member Guest Pass Per Day (Youth or Adult)$3 $5 Facility Rentals 1. Gym Rentals Deposit $350 GOLD GYM $400 PURPLE GYM GOLD GYM - Half Court Rental per Hour (4-Hour Maximum)$50/hr.$60/hr. GOLD GYM - Full Court Rental per Hour (4-Hour Maximum)$75/hr.$90/hr. GOLD GYM - All Day Usage (More than 4 Hours)$450 $540 PURPLE GYM - Half Court Rental per Hour (4-Hour Maximum)$60/hr.$72/hr. PURPLE GYM - Full Court Rental per Hour (4-Hour Maximum)$85/hr.$102/hr. PURPLE GYM - All Day Usage (More than 4 Hours)$460 $552 Concession Usage (Gold Gym )$30 $36 2. Game Room / Multi-purpose Room Rental Deposit $200 Per Hour (4-Hour minimum)$50/hr.$60/hr. 3. Community Room Rental Deposit $250 Per Hour (2-Hour minimum)$75/hr.$90/hr. Kitchen usage fee $25 $30 4. Activity Room Rental ( Violet, Orchid, Iris) Deposit $200 Per Hour (2-Hour minimum)$60/hr.$72/hr. 5. W.A. Tarrow Covered Basketball Pavilion (100) Deposit $200 $200 Monday – Thursday $150 $180 Friday – Sunday & Holidays $200 $240 Page 45 of 162 Resolution No._________Page 28 of 50 March 11, 2021 6. Gym or Room Cancellation Fee 1/3 of rental 7. After hour rental charge $30 FY 2021 SOUTHWOOD CENTER Resident Rate Non Resident Rate Programming 1. Senior Annual Membership Pass $25 $30 2. Non-Member Guest Pass Per Day $2 $3 Facility Rentals 1. Meeting Room Rental, Per Hour, 2 hour minimum $60 $72 Deposit*$200 $200 2. Dance/Game Room Rental, Per Hour, 2 hour minimum $75 $90 Deposit*$200 $200 3. Whole Facility Rental Per Hour, 2 hour minimum (Excludes Computer Lab)$140 $168 Deposit*$200 $200 * Deposits are refundable if the facility is left clean and damage-free. FY 2021 MEYER COMMUNITY CENTER Resident Rate Non Resident Rate Programming 1. Senior Annual Membership Pass $25 $30 2. Non-Member Guest Pass Per Day $2 $3 Facility Rentals 1. Deposit - all rooms*$200 2. Meeting Room Rental, Per Hour, 2 hour minimum $60 $72 3. Conference Room Rental, Per Hour, 2 hour minimum $45 $54 4. Activity Room Rental, Per Hour, 2 hour minimum $75 $90 Page 46 of 162 Resolution No._________Page 29 of 50 March 11, 2021 5. Arts & Crafts Room Rental, Per Hour, 2 hour minimum $45 $54 * Deposits are refundable if the facility is left clean and damage-free. FY 2021 LICK CREEK NATURE CENTER Resident Rate Non Resident Rate Facility Rentals 1. Deposit - all rooms*$200 2. Meeting Room Rental, Per Hour, 2 hour minimum $100 $120 3. Outdoor Classroom, Per Hour, 2 hour minimum $35 $42 4. Amphitheater, Per Hour, 2 hour minimum $35 $42 Page 47 of 162 Resolution No._________Page 30 of 50 March 11, 2021 CHAPTER 34: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1.Article I. In General a.Sec. 34-2(c). Encroachments upon easements. i.Application fee. An application for a license to encroach shall be accompanied by a non-refundable filing fee as established by City Council resolution in Section 2- 117. - $863.00 b.Sec. 34-4(b). Guidelines for consideration of requests for directional signs in public rights-of-way. i.Any application shall be processed for a fee of $25.00 and shall be filed within the Office of the City Manager. The City Manager shall review the application based upon the criteria in Subsection (a) of this section. In the event the City Manager denies the application, the applicant may appeal the decision to the City Council. Upon receipt of written notice of an appeal from the applicant, the City Secretary shall place the application on the next available Council agenda. 2.Article II. Street, Sidewalk, Right-Of-Way and Driveway Construction and Repair a.Sec. 34-36(b). Driveways. i.The driveway permit fee is established in Section 2-117, which shall be of an amount to cover the cost of licensing and maintaining records. 3.Article III. Right-of-Way Use Division 2. Permit a.Sec. 34-100. Fee. i.The applicant or permit holder shall pay a fee established in Section 2-117 for the right-of-way improvements permit that shall be the same as that charged in Chapter 14, Section of the City of College Station Code of Ordinances as amended from time to time. - $380.00 b.Sec. 34-102(14). Conditions. i.If irrigation and/or electrical lines are to be extended across a paved roadway, the applicant must pay a one-time fee in the amount of $35.00 per square yard of extension area. The extension area is equivalent to three times the yard length to be installed under the roadway. The fee will be waived if the applicant installs sleeves under the pavement and places the irrigation and/or electrical in the sleeves. Page 48 of 162 Resolution No._________Page 31 of 50 March 11, 2021 4.Article IV. Utility Right-of-Way Use Division 2. Registration and Construction Permits Subdivision II. Construction Permits a.Sec. 34-190(b). Generally. i.The registration fee of $50.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. ii.The construction permit fee of $850.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. 5.Article V. Parades and Motorcades Division 2. Permit a.Sec. 34-248. Fee. i.Upon submission of an application, an application fee shall be paid. The application fee shall be set by the City Council by resolution from time-to-time as the Council deems necessary established in Section 2-117. This application fee will not apply to applicants conducting lawful expressions of opinion protected under the First Amendment of the United States Constitution. - $107.00 Page 49 of 162 Resolution No._________Page 32 of 50 March 11, 2021 CHAPTER 38: TRAFFIC AND VEHICLES 1.Article II. Stopping, Standing and Parking Division 3. Northgate Area a.Sec. 38-106. Northgate Promenade Parking Lot fee schedule. i.The City Manager or designee may adjust the parking fee up to or below the amounts set below. The following fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Promenade Parking Lot, located at 310 Church Street. 1.Per hour fee up to $3.50 per hour. 2.Special event fee up to $25.00 per day. 3.Game day fee up to $25.00 per day. b.Sec. 38-107. Northgate Parking Garage fee schedule. i.The City Manager or designee may adjust the parking fee up to or below the amounts established. The following fees established in Section 2-117 shall be charged for the use of a parking space in the Northgate Parking Garage, located at 309 College Main. 1.Per hour fee up to $3.00 per hour. 2.Lost ticket fee up to $25.00 per day. 3.Special event fee up to $25.00 per day. 4.Game day fee up to $25.00 per day. ii.License agreements. The City Manager or designee may enter into license agreements for the use of parking spaces in the Northgate College Main Parking Garage and may charge the following fees established in Section 2-117. 1.Twenty-four-hour—Seven days a week licenses (24/7). Up to $2,000.00 annually, or up to $700.00 per semester or up to $200.00 per month. 2.Daytime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month. 3.Charge a non-refundable administrative fee up to $50.00 upon execution of a license agreement to park in the garage. 4.Nighttime licenses. Up to $1,500.00 annually or up to $500.00 per semester or up to $200.00 per month c.Sec. 38-108. Northgate on-street parking fee schedule. i.The City Manager or designee may adjust the parking fee up to or below the amounts set below established. The following fees established in Section 2-117 shall be charged for the use of an on-street parking space provided by the City and adjacent to a parking meter anywhere in the Northgate Area, generally located between South College on the East, Wellborn Road on the West, University Drive on the South and the City limit on the North. 1.Per hour fee up to $3.50 per hour. 2.Special event fee up to $25.00 per day. 3.Game day fee up to $25.00 per day. Page 50 of 162 Resolution No._________Page 33 of 50 March 11, 2021 CHAPTER 40: UTILITIES 1.Article I. In General a.Sec. 40-3(c). Creation of municipal utility districts. i.Reimbursement for expenses. 1.Petition to create district. Within 6 months after consent to the creation of a district is given by the City, or within 3 months after the district is created by the Texas Commission on Environmental Quality or its successor agency, whichever is later, the owner or the developer of the land within the district must pay the fee established pursuant to Section 2- 117 to reimburse the City for expenses relating to processing the petition to create the district. - $32,232.00 2.Petition to annex or acquire land. To partially reimburse the City for expenses related to a district’s annexation or acquisition of land, the owner or developer of land within the district that has not paid the Council- approved fee to process the petition to create the district must make a one- time payment in the amount established pursuant to Section 2-117 within six months after receiving the City’s consent to annex or after the district acquires land that is not contiguous to the district’s boundaries; or contiguous to the district’s boundaries and greater than 5 acres. - $32,232.00 3.Infrastructure plan review and inspection fee. The infrastructure plan review and inspection fee means the fee established pursuant to Section 2-117 to reimburse the City for engineering and planning fees and expenses related to the City’s review of plans and specification of the district’s facilities; and inspection of the district’s facilities. - 1.6% of infrastructure cost ($639.00 minimum) Page 51 of 162 Resolution No._________Page 34 of 50 March 11, 2021 b.Sec. 40-4. Roadway Maintenance Fee. LAND USE/VEHICLE-MILE-EQUIVALENCY TABLE ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) PORT AND TERMINAL 030 Truck Terminal Acre 26.20 6.55 6.55 4.00 INDUSTRIAL 110 General Light Industrial 1,000 SF GFA 3.88 0.97 0.97 4.00 INDUSTRIAL 120 General Heavy Industrial 1,000 SF GFA 2.72 0.68 0.68 4.00 INDUSTRIAL 130 Industrial Park 1,000 SF GFA 3.40 0.85 0.85 4.00 INDUSTRIAL 150 Warehousing 1,000 SF GFA 1.28 0.32 0.32 4.00 INDUSTRIAL 151 Mini- Warehouse 1,000 SF GFA 1.04 0.26 0.26 4.00 RESIDENTIAL 210 Single-Family Detached Housing Dwelling Unit 4.00 1.00 1.00 4.00 RESIDENTIAL 220 Apartment/M ulti-family Dwelling Unit 2.48 0.62 0.62 4.00 RESIDENTIAL 230 Residential Condominium /Townhome Dwelling Unit 2.08 0.52 0.52 4.00 RESIDENTIAL 240 Mobile Home Park / Manufactured Housing Dwelling Unit 2.36 0.59 0.59 4.00 RESIDENTIAL 251 Senior Adult Housing- Detached Dwelling Unit 1.08 0.27 0.27 4.00 RESIDENTIAL 252 Senior Adult Housing- Attached Dwelling Unit 1.00 0.25 0.25 4.00 RESIDENTIAL 254 Assisted Living Beds 0.88 0.22 0.22 4.00 LODGING 310 Hotel Room 1.20 0.60 0.60 2.00 LODGING 320 Motel / Other Lodging Facilities Room 0.94 0.47 0.47 2.00 RECREATIONAL 432 Golf Driving Range Tee 2.50 1.25 1.25 2.00 RECREATIONAL 430 Golf Course Acre 0.60 0.30 0.30 2.00 RECREATIONAL 495 Recreational Community Center 1,000 SF GFA 5.48 2.74 2.74 2.00 RECREATIONAL 465 Ice Skating Rink 1,000 SF GFA 4.72 2.36 2.36 2.00 RECREATIONAL 431 Miniature Golf Course Hole 0.66 0.33 0.33 2.00 RECREATIONAL 445 Multiplex Movie Screens 27.28 13.64 13.64 2.00 Page 52 of 162 Resolution No._________Page 35 of 50 March 11, 2021 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) Theater RECREATIONAL 491 Racquet / Tennis Club Court 6.70 3.35 3.35 2.00 INSTITUTIONAL 560 Church 1,000 SF GFA 1.10 0.55 0.55 2.00 INSTITUTIONAL 565 Day Care Center 1,000 SF GFA 13.82 12.34 44%B 6.91 2.00 INSTITUTIONAL 522 Primary/Midd le School (1- 8) Students 0.32 0.16 0.16 2.00 INSTITUTIONAL 530 High School Students 0.26 0.13 0.13 2.00 INSTITUTIONAL 540 Junior / Community College Students 0.24 0.12 0.12 2.00 INSTITUTIONAL 550 University / College Students 0.34 0.17 0.17 2.00 MEDICAL 630 Clinic 1,000 SF GFA 19.53 5.18 5.18 3.77 MEDICAL 610 Hospital 1,000 SF GFA 3.51 0.93 0.93 3.77 MEDICAL 620 Nursing Home Beds 0.83 0.22 0.22 3.77 MEDICAL 640 Animal Hospital/Vete rinary Clinic 1,000 SF GFA 9.90 4.72 30%B 3.30 3.00 OFFICE 714 Corporate Headquarters Building 1,000 SF GFA 5.64 1.41 1.41 4.00 OFFICE 710 General Office Building 1,000 SF GFA 5.96 1.49 1.49 4.00 OFFICE 720 Medical- Dental Office Building 1,000 SF GFA 13.46 3.57 3.57 3.77 OFFICE 715 Single Tenant Office Building 1,000 SF GFA 6.96 1.74 1.74 4.00 OFFICE 750 Office Park 1,000 SF GFA 5.92 1.48 1.48 4.00 COMMERCIAL: Automobile Related 942 Automobile Care Center 1,000 SF Occ. GLA 3.74 3.11 40%B 1.87 2.00 COMMERCIAL: Automobile Related 843 Automobile Parts Sales 1,000 SF GFA 6.82 5.98 43%A 3.41 2.00 COMMERCIAL: Automobile Related 944 Gasoline/Serv ice Station Vehicle Fueling Position 4.82 13.87 42%A 8.04 0.60 COMMERCIAL: Automobile Related 945 Gasoline/Serv ice Station w/ Conv Market Vehicle Fueling Position 3.56 13.51 56%B 5.94 0.60 COMMERCIAL: Automobile Related 946 Gasoline/Serv ice Station w/ Conv Market and Car Wash Vehicle Fueling Position 3.66 13.86 56%A 6.10 0.60 Page 53 of 162 Resolution No._________Page 36 of 50 March 11, 2021 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) COMMERCIAL: Automobile Related 841 New Car Sales 1,000 SF GFA 4.20 2.62 20%B 2.10 2.00 COMMERCIAL: Automobile Related 941 Quick Lubrication Vehicle Shop Servicing Positions 6.22 5.19 40%B 3.11 2.00 COMMERCIAL: Automobile Related 947 Self-Service Car Wash Stall 1.99 5.54 40%B 3.32 0.60 COMMERCIAL: Automobile Related 948 Automated Car Wash Stall 5.08 14.12 40%B 8.47 0.60 COMMERCIAL: Automobile Related 848 Tire Store 1,000 SF GFA 5.98 4.15 28%A 2.99 2.00 COMMERCIAL: Dining 934 Fast Food Restaurant with Drive- Thru Window 1,000 SF GFA 32.66 32.65 50%A 16.33 2.00 COMMERCIAL: Dining 933 Fast Food Restaurant without Drive-Thru Window 1,000 SF GFA 26.16 26.15 50%B 13.08 2.00 COMMERCIAL: Dining 932 High Turnover (Sit- Down) Restaurant 1,000 SF GFA 11.22 9.85 43%A 5.61 2.00 COMMERCIAL: Dining 931 Quality Restaurant 1,000 SF GFA 8.38 7.49 44%A 4.19 2.00 COMMERCIAL: Dining 937 Coffee/Donut Shop with Drive-Thru Window 1,000 SF GFA 25.68 42.80 70%A 12.84 2.00 COMMERCIAL: Other Retail 815 Free-Standing Discount Store 1,000 SF GFA 6.98 4.98 30%C 3.49 2.00 COMMERCIAL: Other Retail 817 Nursery (Garden Center) 1,000 SF GFA 9.72 6.94 30%B 4.86 2.00 COMMERCIAL: Other Retail 862 Home Improvement Superstore 1,000 SF GFA 2.42 2.33 48%A 1.21 2.00 COMMERCIAL: Other Retail 880 Pharmacy/Dr ugstore w/o Drive-Thru Window 1,000 SF GFA 7.90 8.40 53%A 3.95 2.00 COMMERCIAL: Other Retail 881 Pharmacy/Dr ugstore w/ Drive-Thru Window 1,000 SF GFA 10.10 9.91 49%A 5.05 2.00 COMMERCIAL: Other Retail 820 Shopping Center 1,000 SF GLA 4.90 3.71 34%A 2.45 2.00 COMMERCIAL: Other Retail 850 Supermarket 1,000 SF GFA 12.14 9.48 36%A 6.07 2.00 COMMERCIAL: Other Retail 864 Toy/Children' s Superstore 1,000 SF GFA 6.98 4.99 30%B 3.49 2.00 Page 54 of 162 Resolution No._________Page 37 of 50 March 11, 2021 ITE Land Use Code Land Use Category Develop. Unit Veh-Mi Per Dev- Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate Adj. Trip Length (mi) COMMERCIAL: Other Retail 875 Department Store 1,000 SF GFA 2.62 1.87 30%B 1.31 2.00 COMMERCIAL: Other Retail 896 Video Rental Store 1,000 SF GFA 13.60 13.60 50%B 6.80 2.00 SERVICES 911 Walk-In Bank 1,000 SF GFA 12.38 12.13 40%B 7.28 1.70 SERVICES 912 Drive-In Bank Drive-in Lanes 29.95 33.24 47%A 17.62 1.70 SERVICES 918 Hair Salon 1,000 SF GLA 1.73 1.45 30%B 1.02 1.70 ROADWAY MAINTENANCE FEE SCHEDULE The roadway maintenance fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. Vehicle Miles Traveled Monthly Charge Nonresidential Tier I 0 - 23.99 $18.20 Tier II 24.00 - 43.99 $40.80 Tier III 43.99 - 90.99 $78.80 Tier IV 91.00 - 223.99 $160.80 Tier V 224.00+$263.80 Residential Single Family Flat Fee/Dwelling Unit $8.20 Multi-Family Flat Fee/Dwelling Unit $6.40 c.Sec. 40-11. Payment of bills. i.Payments must be received at the Utility Customer Service Office on or before the due date to avoid late charges. Payments received after the due date will be assessed a penalty equaling ten percent of the current monthly charges with a minimum charge of $3.00. Page 55 of 162 Resolution No._________Page 38 of 50 March 11, 2021 d.Sec. 40-12. Returned check fee. i.A fee of $25.00 will be charged for each returned check used to pay any amount on a utility account. This fee is in addition to other fees owed to the City for utility services. ii.Credit Card Charge Back Fee - $25.00 e.Sec. 40-13(b). Disconnection and reconnections. i.A $25.00 delinquent fee will be charged on each residential account. ii.A $150.00 delinquent fee will be charged on each commercial account. iii.A $30.00 charge will be added for afterhours service (between 5:00pm and 9:00pm) f.Sec. 40-15. Account creation or Reactivation fee. i.All customers creating a utility account or opening additional account numbers shall pay a fee for creating a utility account, regardless the number of services provided by the City. Account creation fee: $30.00. 2.Article II. Water and Sewer Service Division 2. Rates, Usage Charges and Fees a.Sec. 40-63. Reserved for future use. b.Sec. 40-64. Rates for water service. i.All retail customers using water shall have a monthly service charge based on the water meter size and a monthly usage charge as follows: ii.Service charge: established in Section 2-117. Meter Size Service Charge 1.¾ inch $12.40 per month 2.1 inch $15.60 per month 3.1.5 inch $23.20 per month 4.2 inch $36.65 per month 5.3 inch $115.60 per month 6.4 inch $171.75 per month 7.6 inch $209.10 per month 8.8 inch $209.10 per month iii.Residential usage charge: Defined to be a domestic meter or irrigation meter serving a residence with one or two living units: 1.$2.75 per 1,000 gallons for usage from 0—10,000 gallons 2.$3.60 per 1,000 gallons for usage from 11,000—15,000 gallons 3.$4.40 per 1,000 gallons for usage from 16,000—20,000 gallons 4.$5.20 per 1,000 gallons for usage from 21,000—25,000 gallons 5.$6.05 per 1,000 gallons for usage of 26,000 gallons and more iv.Commercial usage charge: Defined to be a meter serving three or more living units or any commercial location, providing water for domestic usage: 1.$3.05 per 1,000 gallons v.Commercial irrigation usage charge: Defined to be a meter serving a commercial customer dedicated for non-domestic usage: Page 56 of 162 Resolution No._________Page 39 of 50 March 11, 2021 1.$3.25 per 1,000 gallons vi.Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge 1.Residential Rates- a.$4.15– first 0-10 mgw b.$5.40 – next 11-15mgw c.$6.60 – next 16-20 mgw d.$7.85 – next 21-25 mgw e.$9.10 – all over 26+ mgw 2.Commercial Rates a.$4.55 – per mgw b.$18.65 – monthly service charge ¾ or 5/8” c.$23.40 – monthly service charge 1” d.$34.80 – monthly service charge 1.5” e.$54.95 – monthly service charge 2” f.$173.45 – monthly service charge 3” g.$257.65 – monthly service charge 4” h.$313.65 – monthly service charge 6” c.Sec. 40-65. Rates for sewerage service. i.For customers using sewerage service for household purposes, where City water service is provided with a meter for each residential unit, the monthly charges shall be as follows: 1.Service charge: $21.29 for first 4,000 gallons of water metered. 2.Usage charge: $4.26 per 1,000 gallons of water usage for the next 5,000 gallons of water metered. 3.Maximum billing: $46.87 cap for metered water is 10,000 gallons. ii.For customers using sewerage service for household purposes, multifamily residences with kitchen facilities in each residential unit where water service is provided without a meter for each residential unit shall pay a monthly charge per household unit as $27.09. iii.For customers using sewerage service for household purposes, multifamily residences with more than 50 units without kitchen facilities in each unit shall pay a monthly charge per household unit of $16.91. iv.For customers using sewerage service for household purposes, multifamily residences having 50 residential units or less without kitchen facilities in each residential unit, where water service is provided without a meter for each residential unit such as, but not limited to, fraternity houses, sorority houses, boarding houses and privately owned student dorms, the monthly charges shall be as follows: 1.Service charge as $18.27 per month. 2.Usage charge as $4.26 per 1,000 gallons of water usage. v.For customers using sewerage service for commercial, industrial, or institutional business establishments, the monthly charges shall be as follows: 1.Service charge as $18.27 per month. Page 57 of 162 Resolution No._________Page 40 of 50 March 11, 2021 2.Usage charge as $5.07 per 1,000 gallons of water usage. vi.For customers outside the City water service area (where City water meters do not exist), using City sewerage service for commercial, industrial, or institutional business establishments the customer will be charged a monthly rate, based on average rounded water use for the previous 12 months, the monthly charges shall be as follows: 1.Service charge as $18.27 per month. 2.Usage charge as $5.07 per 1,000 gallons of water usage, based on average monthly water use for the previous 12 months. vii.For customers outside the City water service area (where City water meters do not exist), using City sewerage service for household purposes, the customer will be charged the monthly rate as set out in section 2-1 for 10,000 gallons per month, unless the customer establishes, as determined by the City Manager, that the average rounded water usage is less than 9,001 gallons per month in which case the customer will be charged the following amount: 1.0—5,000 gallons per month $21.29 2.5,001—7,000 gallons per month $29.81 3.7,001—9,000 gallons per month $38.34 4.9,001—10,000 > gallons per month $46.87 viii.For customers where sewerage service is provided through a satellite wastewater treatment plant not connected to the City's main sewer collection and treatment system (typically outside the corporate limits of the City) the monthly charge per residential unit is as $51.50. ix.All customers receiving sewer service outside of the City’s corporate limits or under contract shall pay all established rates, with an additional 50%surcharge, as established in Section 2-117. x.Residential and Commercial customers in Brazos County Municipal Utility District #1: All rates as above, with an added 50% surcharge. d.Sec. 40-66. Water and sewer service connection fees, and sewer inspection fees. i.Fee for water service connection. The City will charge a service charge to all customers connecting to the water system within or outside the corporate limits of the City. The service charge will be based on water meter size. 1.The water service connection fee shall apply to all connections to the water system, including meter set-ins. The service charge for water connection is: Meter Size Charge a.¾ inch $643.42 b.1 inch $783.34 c.1 ½ inch $2,121.06 d.2 inch $3,138.66 2.For three-inch and larger water meters, a $100.00 service charge will be assessed and includes only an inspection fee. Meters of this size must be purchased by the developer that meet current City specifications. The developer is responsible for contracting a licensed/bonded contractor, acquiring applicable permits to install the service connection in Page 58 of 162 Resolution No._________Page 41 of 50 March 11, 2021 accordance with City specifications, and is to be inspected by the City before meter is placed into service. ii.Fee for sewer service connection. All customers connecting to the sewerage system within or outside the corporate limits of the City will have a service charge based on sewer connection size. Sewer Connection Size Charge a.4 inch / RESIDENTIAL $350.00 b.6 inch / NONRESIDENTIAL $100.00 e.Sec. 40-67. Fire flow testing. i.For customers requesting a fire flow test on the existing City water system, an additional charge established in Section 2-117 will be assessed as described herein. 1.Fire Flow Test Fee: $100.00 per tested hydrant. Division 6. Cross-Connection Control and Backflow Prevention f.Sec. 40-244. Cross-connection control program fees. i.Backflow prevention assembly registration fee. There is a non-refundable registration fee for each nonresidential backflow prevention assembly device of $25.00 per each separate device. ii.Certified backflow prevention device tester registration fee. Annual registration fee for approved testers shall be a non-refundable fee of $50.00. iii.Testing form booklet fee. The fee for a testing form booklet of 30 test forms shall be $25.00 each. Other forms may be used with prior approval from the City. iv.Deposit fee for fire hydrant water meter with backflow prevention device. There shall be a refundable deposit fee for fire hydrant meters with backflow prevention devices of $1,000.00. This fee shall be refunded when the meter/device is returned in good working order. v.Fire Hydrant Meter Connection Fee - $400.00 3.Article III. Electric System Division 2. Rate Schedules a.Sec. 40-315. Electric Rate Schedule R (residential customers). •Rate: •Service charge, $7.00 per month; plus: •Energy charge, $0.1169 per kWh for all kWh, except $0.1123 per kWh for all kWh in the billing months of November through April. •Transmission Delivery Adjustment - $.005 per kWh. •Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. •10% participation: $0.1174 per kWh for all kWh, except $0.1128 per kWh for all kWh in the billing months of November through April. •50% participation: $0.1194 per kWh for all kWh, except $0.1148 per kWh for all kWh in the billing months of November through April. •100% participation: $0.1219 per kWh for all kWh, except $0.1173 per kWh for all kWh in the billing months of November through April. Page 59 of 162 Resolution No._________Page 42 of 50 March 11, 2021 b.Sec. 40-316. Electric Rate Schedule R-1 (master metered residential units). •Rate: •Service charge, $100 per month; plus: •$0.1169 per kWh for all kWh, except, 0.1123 per kWh for all kWh in the billing months of November through April. •Transmission Delivery Adjustment - $.005 per kWh •Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. •10% participation: $0.1174 per kWh for all kWh, except $0.1128 per kWh for all kWh in the billing months of November through April. •50%participation: $0.1194 per kWh for all kWh, except $0.1148 per kWh for all kWh in the billing months of November through April. •100% participation: $0.1219 per kWh for all kWh, except $0.1173 per kWh for all kWh in the billing months of November through April. c.Sec. 40-317. Electric Rate Schedule SC (small commercial customers). •Rate: 1.Service charge. $9.00 per month; plus 2.Energy charge. First 1,000 kWh $0.1344 per kWh, $0.1028 per kWh for all kWh over 1000. 3.Transmission Delivery Adjustment - $.005 per kWh •Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1.10% participation: First 1,000 kWh $0.1349, $0.1033 all additional kWh 2.50% participation: First 1,000 kWh $0.1369, $0.1053 all additional kWh 3. 100% participation: First 1,000 kWh $0.1394, $0.1078 all additional kWh d.Sec. 40-318. Electric Rate Schedule LP-1 (medium commercial customers). i.Rate: 1.Service charge. $25.00 per month; plus 2.Demand charge. $10.40 per kW of monthly billing demand; plus 3.Energy charge. $0.0729 per kWh for all kWh. 4.Transmission Delivery Adjustment - $.005 per kWh ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1.$181.00 - per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. Page 60 of 162 Resolution No._________Page 43 of 50 March 11, 2021 1.10% participation: $0.0734/kWh 2.50% participation: $0.0754/kWh 3.100% participation: $0.0779/kWh e.Sec. 40-319. Electric Rate Schedule LP-2 (large commercial). i.Rate: 1.Service charge: $75.00 per month; plus 2.Demand charge: $10.40 per kW of monthly billing demand; plus 3.Energy Charge: $0.0703 per kWh for all kWh ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest one of the following charges: 1.$3,195.00 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the following on-peak/off-peak rates: 1.On-peak demand charge: $6.65; plus 2.Off-peak demand charge: $3.75. iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10%: $0.0708/kWh 2. 50%: $0.0728/kWh 3. 100%: $0.0753/kWh f.Sec. 40-320. Electric rate Schedule LP-3 (industrial and institutional). i.Rate: 1.Service charge: $250.00 per month; plus 2.Demand charge: $9.85 per kW of monthly billing demand; plus 3.Energy charge: $0.0682 per kWh for all kWh. ii.Minimum monthly charge. The minimum monthly charge under this rate schedule shall be the highest of the following charges: 1.$15,034.85 per month, plus applicable transmission delivery adjustment on the kilowatt-hours used. 2.The sum of service, demand and energy charges under the above rate, plus applicable transmission delivery adjustment on the kilowatt-hours used. 3.The minimum monthly charge specified in the customer's service contract with the City, plus applicable transmission delivery adjustment on the kilowatt-hours used. iii.The applicable rate schedule demand charges shall be replaced by the on- peak/off-peak rates established in Section 2-117. Page 61 of 162 Resolution No._________Page 44 of 50 March 11, 2021 1.On-Peak Demand Charge: $6.65, plus 2.Off-Peak Demand Charge: $3.75 iv.Wind Watts Wind Energy Rate: This optional service is available to customers on a first come, first served basis subject to the available supply. 1. 10% participation: $0.0687/kWh 2. 50% participation: $0.0707/kWh 3. 100% participation: $0.0732/kWh g.Sec. 40-321. Electric Rate Schedule SL (security lights). i.The rates per month per light are established in Section 2-117. 1. 100 Watt (or equivalent) $11.25 2. 200 Watt (or equivalent) $16.50 3. 400 Watt (or equivalent) $33.00 h.Sec. 40-323. Electric Rate Schedule PQF. i.Rate. The City will pay the QF producer for all power purchased at the following rates: 1.Capacity. No payment shall be made, except by separate firm power contract between the producer and the City. 2.Energy. The metered output from the producer will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt- hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. In the event that the producer exercises the option to sell power to the City, there will be assessed, in addition to the minimum monthly bill requirements under the applicable service rate schedule, a customer service charge of $15.00 per month to cover costs realized for metering, billing, maintenance, administrative, and other expenses necessary to maintain service to the QF. i.Sec. 40-325. Electric Rate Schedule SRE. i.Rate. In a billing month after the retail customer receives approval to interconnect their on-site generating system to the City s electric distribution system, the customer will be billed: 1.Based upon their current electric service rate for the kilowatt-hours used from the City s electric distribution system. The excess kilowatt- hours that are passed back to the system from their on-site generation will be purchased at a rate equal to the average base wholesale kilowatt-hour energy cost for power paid by the City. This average base wholesale kilowatt-hour energy cost will be calculated based upon the past years average wholesale cost and will be updated once a year (in October) to update this value. 2.The calculated amount for the excess kilowatt-hours passed back to the system will be credited to the current balance of the retail customer s utility account. If a credit exists at any time on the account, Page 62 of 162 Resolution No._________Page 45 of 50 March 11, 2021 the customer may request in writing a refund for the credit amount. If the customer closes the account with a credit remainder in their account, they will be refunded this amount. 4.Article IV. Solid Waste Collection and Disposal Division 2. Waste Collection Generally The solid waste collection and disposal fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a.Sec. 40-389. Residential collection generally. i.Any customer generating more waste than one container will hold may request an additional container and shall pay an additional fee as established in Section 2- 117. - $11.60 b.Sec. 40-391. Commercial collection. i.If a container is unserviceable, such as being blocked or containing prohibited items, the City truck shall return to empty the container only after the container is clear from other vehicles and/or prohibited items are removed from the container for a fee as established in Section 2-117. - $20.50 c.Sec. 40-395. Unprepared solid waste. i.The City's Sanitation Division shall cause the clean-up of the improperly or unprepared waste, litter or debris that constitutes a health or nuisance to the community. The fee established in Section 2-117 or the actual cost of cleanup, whichever is greater, shall be paid by the responsible party. - $68.20 d.Sec. 40-399. Small animals. i.Upon notice, the City will remove and dispose of small dead animals, including, but not limited to, dogs, cats, chickens, ducks and geese, either from private property or public rights-of-way, excluding animal clinics. - $20.70 ii.Customers requesting removal from private property shall place the animal in a plastic bag and place the bag curbside before notification of pick up. Removal and disposal of small dead animals from private animal clinics shall be for a fee as established in Section 2-117. - $20.70 Division 4. Rates and Charges e.Sec. 40-495. Generally. i.Solid waste collection rates are applied based on both the method and number of services provided. Except as otherwise provided in this division, the charges for solid waste collection and disposal shall be assessed according to the following schedule: Page 63 of 162 Resolution No._________Page 46 of 50 March 11, 2021 $16.50 Each single family detached residential unit or residential units in a building with less than a total of four attached residential units in a complex where each residential unit has been assigned a seventy (70) gallon automated solid waste container and provided with garbage, rubbish, brush and recycling collection once weekly. $11.60 Additional monthly fee for each residential unit that has been assigned more than one seventy (70) gallon automated solid waste container. This rate shall be assessed for each additional container utilized. $16.50 Each residential unit in a building with less than a total of four attached residential units in a complex that has been assigned a shared three hundred (300) gallon or larger automated solid waste collection container, that has not been identified as a multifamily apartment complex by the City, and provided with twice per week garbage collection, once per week curbside recycling collection and once per week rubbish/brush collection. $7.70 Each residential unit in a building with a total of four or more attached residential units in a complex that has been identified as a multifamily apartment complex by the City, and is assigned a large solid waste container shared by multiple residential units for garbage collection only. Service will be provided twice weekly. Fraternities, Sororities, Privately owned Student Dorms, and customers within a residential and mixed use location shall not be assessed this rate, and will be charged according to the variable commercial collection rates listed in paragraph (2) below. $15.40 Minimum monthly charge for small businesses that jointly use a commercial-type refuse container without causing a health, sanitation or litter problem. f.Sec. 40-496. Commercial collection rates. i.The monthly per container garbage collection and disposal charge for commercial locations shall be based on container size, number of containers utilized and frequency of collection per week. Page 64 of 162 Resolution No._________Page 47 of 50 March 11, 2021 Container Size Frequency of Collection Monthly Rate Ninety gallon automated 1 $18.60 2 $38.20 3 $56.80 4 $74.40 5 $93.00 6 $109.50 300/400 gallon automated or two cubic yard non compactor 1 $136.40 2 $179.70 3 $219.00 4 $258.30 5 $299.60 6 $347.10 Four cubic yard non compactor 1 $171.50 2 $227.30 3 $279.90 4 $339.90 5 $398.70 6 $450.40 Eight cubic yard non compactor 1 $210.70 2 $292.30 3 $373.90 4 $453.50 5 $536.10 6 $614.60 Two cubic yard compactor 1 $142.60 2 $283.00 3 $425.60 4 $567.10 5 $706.60 6 $849.10 Four cubic yard compactor 1 $190.10 2 $382.20 3 $572.30 4 $763.40 5 $955.50 6 $1146.60 Six cubic yard compactor 1 $256.20 2 $515.50 3 $772.70 4 $1029.90 5 $1286.10 6 $1543.30 Page 65 of 162 Resolution No._________Page 48 of 50 March 11, 2021 Sec. 40-497. Additional charges. ii.The following Additional charges established in Section 2-117 will be assessed and collected upon the performance of the following described service or the occurrence of the described use or condition: 1.Per cycle fee for usage of the Northgate Promenade Commercial Compactor. The minimum monthly charge as described in Section 40-495 for small businesses that jointly use a commercial-type refuse container will apply until usage exceeds five cycles per calendar month. - $17.80- plus $3.70 per access after six or more times to access 2.Daily rental fee for the use of any City-owned, 20 cubic yard roll-off container. - $3.90 3.Daily rental fee for the use of any City-owned, 30 cubic yard roll-off container. - $4.20 4.Daily rental fee for the use of any City-owned, 40 cubic yard roll-off container. - $4.40 5.Per carcass fee for 1 to 19 animal carcasses collected from a commercial veterinarian, plus a flat rate service charge of $20.70. The flat rate service charge is waived for 20 or more animal carcasses collected at one time. 6.Additional fee for collection service requested by customer in addition to the scheduled service on a 90-gallon container. - $13.60 7.Additional fee for any location (other than residential) where the container was blocked and the collection vehicle must return to provide service. - $20.50 8.Additional fee for collection service requested by customer in addition to the scheduled service on a 300-gallon or 400-gallon container. - $26.90 9.Additional fee for delivery and set-up on any City-owned, roll-off container. - $39.20 10.Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard container. - $26.90 11.Additional fee for collection service requested by customer in addition to the scheduled service on a two cubic yard compactor. - $34.10 12.Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard container. - $41.30 13.Additional fee for collection service requested by customer in addition to the scheduled service on a four cubic yard compactor. - $47.80 14.Additional fee for collection service requested by customer in addition to the scheduled service on an eight-cubic yard container. - $54.70 15.Additional fee for collection service requested by customer in addition to the scheduled service on a six cubic yard compactor. - $62.00 16.Unprepared solid waste minimum charge. - $68.20 17.All roll-off container service per load plus current per-ton landfill charge. - $181.80 Page 66 of 162 Resolution No._________Page 49 of 50 March 11, 2021 5.Article V. Drainage Utility The drainage utility fees in this section are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. a.Sec. 40-524. Rates. i.All charges shall be made in accordance with the classification of properties by the following categories: 1.Residential service shall be charged on the basis of a set fee per residential unit. a.Each single-family detached residential unit and each duplex residential unit: $6.00 per month. b.Each residential unit with two or more attached residential units and all residential units in a complex identified as a multifamily apartment complex: $2.70 per month. 2.All other lots, tracts and parcels of land within the City shall be considered and charged on the basis of commercial use in accordance with the schedule of drainage charges established in Section 2-117 which are hereby levied against all such remaining lots, tract or parcels of land within the City unless covered by exemptions listed herein. Commercial service shall be calculated on the basis of building square footage. $2.80/1,000 sq. ft. per month. Page 67 of 162 Resolution No._________Page 50 of 50 March 11, 2021 CHAPTER 103: BUILDINGS AND BUILDING REGULATIONS 1.Article V. Single-Family and Duplex Unit Rental Registration a.Sec. 103-242(d). Registration required. i.A fee established of $15.00 shall be assessed per building at the time of any required registration. . Page 68 of 162 March 11, 2021 Item No. 3.3. FY 20 deferred funding of $1,146,926 to the Phase II Systems dba Public Agency Retirement Services (PARS) OPEB Trust Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the fiscal year FY 20 deferred funding of $1,146,926 to the Phase II Systems dba Public Agency Retirement Services (PARS) OPEB Trust. Relationship to Strategic Goals: - Good Governance - Financial Sustainability Recommendation(s): Staff recommends approval of the funding authorization to the Public Agency Retirement Services (PARS) OPEB Trust in the amount of $1,146,926 deferred from FY20. Summary: On September 11, 2017, City Council authorized the establishment an Other Post- Employment Benefits Obligation (OPEB) Trust administered by Phase II Systems dba Public Agency Retirement Services (PARS) as part of a plan to proactively address the unfunded liability obligation related to providing healthcare to employees upon retirement. Funding the obligation should improve the anticipated discount rate and reduce the OPEB liability for FY 19. Continued annual funding of the OPEB Trust should also result in additional reductions in the OPEB liability carried by the City. Budget & Financial Summary: The FY 20 approved budget included an amount of $1,146,926 for OPEB Trust contributions from the Employee Benefit Fund that we deferred funding due to the COVID-19 pandemic. FY20 Year End results indicated that funding was available. Funding was then included in Budget Amendment #1 in the encumbrance roll. Reviewed & Approved by Legal: No Attachments: None Page 69 of 162 March 11, 2021 Item No. 3.4. Vos Transport LLC Franchise Agreement Ordinance Second Reading Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the second reading of a franchise agreement ordinance with Vos Transport LLC for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement. Summary: The proposed agreement would allow Vos Transport LLC to collect demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations within the city limits of College Station. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Franchise agreement on file with the City Secretary's Office Page 70 of 162 1.Franchise agreement on file with the City Secretary’s Office Page 71 of 162 March 11, 2021 Item No. 3.5. TXDOT Advance Funding Agreement for Signal Improvements SH 40 and FM 2154 Intersection Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution approving an advance funding agreement (AFA) in the amount of $31,464 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the intersection of SH 40 and FM 2154. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: TXDOT is constructing signal improvements at the intersection of SH 40 and FM 2154. The City of College Station will be responsible for pole finishings and equipment that are not normally part of the state requirements for signal poles in order to assure compliance with City requirements of signal poles on the City’s system. Budget & Financial Summary: Budget in the amount of $50,000 is included in the Streets Capital Improvement Projects Fund. Nothing has been expended or committed to date, leaving a balance of $50,000 for this AFA and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.Resolution SH 40 - FM 2154 TXDOT AFA 2.AFA SH 40 at FM 2154 Traffic Signal Page 72 of 162 25542e25c2.docx RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT”) AUTHORIZING THE PARTIPATION IN THE COST OF CERTAIN ROADWAY IMPROVEMENTS INCLUDING AESTETIC AND OPERATIONAL ENHANCEMENTS TO CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS ON SH 40 AT THE INTERSECTION OF FM 2154 WHEREAS, SH 40 and FM 2154 are owned and maintained by the Texas Department of Transportation; and WHEREAS, TXDOT has deemed it necessary to make certain highway improvements generally described as traffic signal improvements on SH 40 at the intersection of FM 2154 (the “Project”); and WHEREAS, any construction or improvements on Texas Department of Transportation right of way must be approved through the Texas Department of Transportation permitting process; and WHEREAS, the City of College Station desires to participate in the Project by funding portions of the Project including traffic signals with aesthetic and operational enhancements; and which include installation of traffic signals as part of the project; and by entering into this Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match On-System. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council hereby approves the agreement with TXDOT to contribute an amount not to exceed $31,464 for the costs associated with aesthetic and operational enhancements to construction of traffic signal improvements. PART 2:That the City Council herby authorizes the City Manager to execute the agreement. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2021. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 73 of 162 CSJ # 0540-08-008 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of SH 40 at FM 2154 Page 1 of 7 AFA VolTIP Revised 10/13/2017 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 115814 authorizing the State to undertake and complete a highway improvement generally described as the installation of traffic signals on SH 40 at the intersection of FM 2154; and WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as aesthetic and operational enhancements at the intersection of SH 40 and FM 2154 (Project); and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the state; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: Page 74 of 162 CSJ # 0540-08-008 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of SH 40 at FM 2154 Page 2 of 7 AFA VolTIP Revised 10/13/2017 AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities (Attachment A) which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its financial share for the State’s estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. D. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Page 75 of 162 CSJ # 0540-08-008 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of SH 40 at FM 2154 Page 3 of 7 AFA VolTIP Revised 10/13/2017 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department for a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate Page 76 of 162 CSJ # 0540-08-008 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of SH 40 at FM 2154 Page 4 of 7 AFA VolTIP Revised 10/13/2017 of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government. 12. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of College Station ATTN: Public Works Director P.O. Box 9960 College Station, TX 77842 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Page 77 of 162 CSJ # 0540-08-008 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of SH 40 at FM 2154 Page 5 of 7 AFA VolTIP Revised 10/13/2017 14. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 15. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration. 17. State Auditor Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Page 78 of 162 CSJ # 0540-08-008 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of SH 40 at FM 2154 Page 6 of 7 AFA VolTIP Revised 10/13/2017 THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Typed or Printed Name Typed or Printed Name Typed or Printed Title Typed or Printed Title Date Date Page 79 of 162 CSJ # 0540-08-008 District # 17 – BRY Code Chart 64 # 09050 – City of College Station Project Name Aesthetic and Operational Enhancements at the Intersection of SH 40 at FM 2154 Page 7 of 7 AFA VolTIP Attachment A ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES At the request of the Local Government the State will provide additional powder coating to signal poles/mast arms, luminaires, and pedestrian poles as well as install priority control system and LED Internally Lighted Street Name (ILSN) signs. The Project aesthetic and operational enhancements are beyond the standard finish provided by the State for these elements. The Local Government is responsible for 100% of all costs and overruns for the Project. Item Number Description Quantity Unit Price Local Participation % Cost 1 Additional Cost for Powder Coating (Signal Poles/ Mast Arms) 5 $1,500 100% $7,500 2 Additional Cost for Powder Coating (Luminaires/ILSN/Pedestrian Poles) 7 $75 100% $525 3 Additional Cost for Priority Control System (Preemption) 1 $7,500 100% $7,500 4 LED Internally Lighted Street Name (ILSN) Sign 3 $3,600 100% $10,800 Direct State Construction Costs - (Items 1 - 4) $26,325 Direct State Costs - Construction Engineering and Contingencies (15%) N/A N/A 100% $3,949 Indirect State Costs (4.52%) N/A N/A 100% $1,190 TOTAL $31,464 Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $31,464 Total payment by the Local Government to the State: $31,464 Page 80 of 162 March 11, 2021 Item No. 3.6. Harvey Mitchell Pkwy & Dartmouth Dr Traffic Signal Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a construction contract in the amount of $326,577.33 with Bayer Construction Electrical Contractors, Inc. for the installation of a traffic signal at the intersection of Harvey Mitchell Parkway (FM 2818) and Dartmouth Drive. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: This project includes the construction of a new traffic signal at the intersection of Harvey Mitchell Parkway (FM 2818) and Dartmouth Drive. During a 2014 analysis, College Station Traffic Engineering found that this intersection meets volume warrants within the Texas Manual on Uniform Traffic Control Devices. The intersection ranks 7th out of 14 intersections that meet at least one traffic signal warrant, and this intersection is ranked 4th for streets maintained by TxDOT. The procurement method used was Competitive Sealed Proposals, and two proposals were received. Upon review of the proposals, it was determined that best value to the City is to accept the proposal by Bayer Construction Electrical Contractors over the lower proposed cost. Budget & Financial Summary: Budget in the amount of $600,000 is included for this project in the Streets Capital Improvement Projects Fund. A total of $47,746 has been expended or committed to date, leaving a balance of $552,254 for this contract and future expenses. Reviewed & Approved by Legal: No Attachments: 1.ST 1907 Project Location Map 2.Tabulation Page 81 of 162 ALLEYF M 2 8 1 8 S E R V ICE RDWILLIAM KING COLE DRMORGANSLNDARTMOUTHSTKRENEK TAP RDWILLIAM KING COLE DRTEXASAVSALLEYMORGANSLNOFF RAMP EARL RUDDER FW SD A R T M O U T H S T HARVEY MITCHELL PW SEARLRUDDERFWSThis product is for informational purposes only and has not been prepared for and is not suitable for legal, engineering, construction, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of certain geographic features. No warranty, expressed or implied, is made by the City of College Station as to the accuracy, completeness, suitability, or timeliness of the information contained herein.The City of College Station assumes no responsibility for any private or commercial use, misuse, reliance, or interpretation of the information provided herein, or any loss resulting therefrom.Date Created:COCS MAP´Page 82 of 162 City of College Station - Purchasing Division Bid Tabulation for #21-017 " Harvey Mitchell Pkwy and Dartmouth Traffic Signal" Open Date: Tuesday, January 19, 2021 @ 2:00 p.m. Item Description Unit Qty.Unit Cost Total Unit Cost Total 1 Barricades, Signs, and Traffic Control 1 Ea.8,000.00 8,000.00 1,755.00 1,755.00 2 Mobilization 1 Ea.30,000.00 30,000.00 3,510.00 3,510.00 3 Materials: Concrete Signal Controller Foundation 1 Ea.1,725.00 1,725.00 1,737.92 1,737.92 4 Materials: "P" Style NEMA Traffic Cabinet (PT-P44168TS2-1-CS) w/Det. Rack, Loadswitches, EDI Conflict Monitor (MMU-16LEip w/ Ethernet Port)1 Ea.10,290.00 10,290.00 12,007.13 12,007.13 5 Materials: Siemens M60 Nema Linux Controller# 8132-0000-099 (Includes large screen and USB Port)1 Ea.2,520.00 2,520.00 2,818.82 2,818.82 6 Materials: Comnet Managed Ethernet Switch CNGE20FX4TX16MS w/fiber SFP Modules 1 Ea.1,750.00 1,750.00 2,058.32 2,058.32 7 Materials: Stainless Steel Meter Pedestal Service, 4-Terminal, 125-am, Twin-Link Connectors, for Direct Burial, including conduit to power source 1 Ea.2,870.00 2,870.00 3,316.95 3,316.95 8 Materials: Peek Model #PB5200-17496 ITS Battery Backup System w/ Ethernet Port, w/ Cabinet and Foundation w/batteries 1 Ea.5,217.00 5,217.00 5,329.94 5,329.94 9 Labor: Installation of Traffic Signal Cabinet, Controller, Conflict Monitor, Ethernet Switch, Meter, and BBU, Complete and In Place.1 L.S.3,253.00 3,253.00 5,503.68 5,503.68 10 Materials: 4-Section, 12-inch, LED Signal Headw/Louvered Black Aluminum Backplate (Arr-R Arr-Y Arr-Y Arr-G)2 Ea.613.00 1,226.00 362.12 724.24 11 Materials: 3-Section, 12-inch, LED Signal Head w/Louvered Black Aluminum Backplate (Arr-R Arr-Y Arr-G)2 Ea.433.00 866.00 276.71 553.42 12 Materials: 3-Section, 12-inch, LED Signal Head w/Louvered Black Aluminum Backplate (R-Y-G)10 Ea.413.00 4,130.00 276.71 2,767.10 13 Labor: Installation of Traffic Signal Heads, Complete and In Place.1 L.S.3,337.00 3,337.00 1,203.93 1,203.93 14 Materials: Streetscape Signal Pole, 30 ft-long with Luminaire and ILSN, Bronze, Powder Finished 4 Ea.4,559.00 18,236.00 5,936.58 23,746.32 15 Materials: 11-ft long Streetscape Pedestal Pole, Bronze, Powder Finished over Galvanized Steel w/ Flanged Base and Pole Collars 6 Ea.602.00 3,612.00 1,351.94 8,111.64 16 Materials: Streetscape Mast Arm, 40 ft-long, Bronze, Powder Finished Over Galvanized Steel w/Flanged Base 1 Ea.4,106.00 4,106.00 3,756.87 3,756.87 17 Materials: Streetscape Mast Arm, 44 ft-long, Bronze, Powder Finished Over Galvanized Steel w/Flanged Base 2 Ea.4,577.00 9,154.00 3,925.35 7,850.70 18 Materials: Streetscape Mast Arm, 48 ft-long, Bronze, Powder Finished Over Galvanized Steel w/Flanged Base 1 Ea.5,417.00 5,417.00 5,617.17 5,617.17 19 Materials: Wind Damper Assembly for each mast arm 4 Ea.250.00 1,000.00 606.65 2,426.60 20 Materials: Signal Pole Foundation, 36-inch Diameter, 13-ft Deep 4 Ea.1,128.00 4,512.00 2,315.88 9,263.52 21 Materials: Pedestal Pole Foundation, 24-inch Diameter, 6-ft Deep 6 Ea.525.00 3,150.00 725.72 4,354.32 22 Labor: Installation of Signal Foundations, Poles, and Arms 1 L.S.25,884.00 25,884.00 15,995.07 15,995.07 23 Materials: 1-Section LED, 16-inch Pedestrian Countdown Signal Head, w/9" Symbol/Man (Black)8 Ea.198.00 1,584.00 280.22 2,241.76 24 Materials: Astro-Brac Cable Mount Assy (AB-0131-1-Way Ped Assy w/84" Cable)8 Ea.247.00 1,976.00 172.28 1,378.24 Bayer Construction Electrical Contractors, Inc.City Lynx, Inc. Page 1 of 4 Page 83 of 162 City of College Station - Purchasing Division Bid Tabulation for #21-017 " Harvey Mitchell Pkwy and Dartmouth Traffic Signal" Open Date: Tuesday, January 19, 2021 @ 2:00 p.m. Item Description Unit Qty.Unit Cost Total Unit Cost Total Bayer Construction Electrical Contractors, Inc.City Lynx, Inc. 25 Materials: Pedestrian Push-Button Assembly (Polara Brand Bulldog) w/ Educational "Push Button To Cross Street" Sign 9"x15" R10-3eR 5 Ea.164.00 820.00 213.53 1,067.65 26 Materials: Pedestrian Push-Button Assembly (Polara Brand Bulldog) w/ Educational "Push Button To Cross Street" Sign 9"x15" R10-3eL 3 Ea.164.00 492.00 213.53 640.59 27 Labor: Installation of Pedestrian Signal Equipment, Complete and In Place.1 L.S.4,500.00 4,500.00 1,719.90 1,719.90 28 Materials: Type D Pull Boxes w/Apron, w/Locking Cover, w/Legend "High Voltage Traffic Signal"3 Ea.315.00 945.00 460.29 1,380.87 29 Materials: Type D Pull Boxes (No Apron) w/Locking Cover, w/Legend "High Voltage Traffic Signal"1 Ea.158.00 158.00 249.95 249.95 30 Materials: ITS Type I Pull Box, W/Apron w/Legend "College Station Fiber Optics"1 Ea.630.00 630.00 1,879.48 1,879.48 31 Materials: Fiber Pull Box (30"x48"x30") with gravel, ground rod, snake pit tracer box, tracer wire connection, per City of College Station specifications.4 Ea.1,470.00 5,880.00 853.75 3,415.00 32 Materials: Conduit, 2"-Diameter, Schedule 40 PVC 280 L.Ft.1.92 537.60 1.76 492.80 33 Materials: Bored Conduit, 2"-Diameter, Schedule 40 PVC 320 L.Ft.1.92 614.40 1.76 563.20 34 Materials: Conduit, 4"-Diameter, Schedule 40 PVC 185 L.Ft.3.79 701.15 3.16 584.60 35 Materials: Bored Conduit, 4"-Diameter, Schedule 40 PVC 430 L.Ft.3.79 1,629.70 4.45 1,913.50 36 Materials: Trenched Conduit, 4" -Diameter, Schedule 40 PVC, with 4-1" innerducts, w/ pull tape in each innerduct, tracer wire, orange warning tape, and route marker signs per COCS Specifications 1560 L.Ft.6.25 9,750.00 4.80 7,488.00 37 Materials: Bored Conduit, 4" -Diameter, Schedule 40 PVC with 4-1" innerducts, w/ pull tape in each innerduct, tracer wire, orange warning tape, and route marker signs per COCS Specifications 287 L.Ft.6.25 1,793.75 4.80 1,377.60 38 Materials: 7/C #12 AWG Stranded Signal Cable 2331 L.Ft.1.15 2,680.65 1.40 3,263.40 39 Materials: 5/C #12 AWG Stranded Signal Cable 1535 L.Ft.0.96 1,473.60 1.06 1,627.10 40 Materials: Bare Electrical Conductor #6 Wire (Stranded) for Grounding 20 L.Ft.0.47 9.40 0.68 13.60 41 Materials: Bare Electrical Conductor #8 Wire (Stranded) for Grounding 3002 L.Ft.0.37 1,110.74 0.52 1,561.04 42 Materials: Insullated Electrical Conductor #6 Wire (Stranded) for Power 40 L.Ft.0.47 18.80 0.96 38.40 43 Labor: Installation of Conduit, Boxes, Electrical Cables, Fiber Optic Cable (City provided), Complete and In Place.1 L.S.73,670.00 73,670.00 56,118.56 56,118.56 44 Materials: Radar Advance Detector (Wavetronix SmartSensor Advance)2 Ea.5,328.00 10,656.00 7,275.65 14,551.30 45 Materials: Radar Comm/Power Cable 325 Ea.1.05 341.25 2.03 659.75 46 Materials: Wavetronix Click 656 Cabinet Interface 1 Ea.4,315.00 4,315.00 2,701.82 2,701.82 Page 2 of 4 Page 84 of 162 City of College Station - Purchasing Division Bid Tabulation for #21-017 " Harvey Mitchell Pkwy and Dartmouth Traffic Signal" Open Date: Tuesday, January 19, 2021 @ 2:00 p.m. Item Description Unit Qty.Unit Cost Total Unit Cost Total Bayer Construction Electrical Contractors, Inc.City Lynx, Inc. 47 Materials: Iteris RZ4A Advanced WDR Camera 4 Ea.1,093.00 4,372.00 1,133.15 4,532.60 48 Materials: Iteris Vantage Edge 2 Processor w/ Video Monitor and AC Surge Panel 4 Ea.2,066.00 8,264.00 2,312.80 9,251.20 49 Materials: Iteris Edge Connect 1 Ea.2,415.00 2,415.00 2,701.82 2,701.82 50 Materials: IM BIU Module 1 Ea.683.00 683.00 771.32 771.32 51 Materials: VIVDS Composite 8281 Coax/16 AWG power cable 978 L.Ft.1.14 1,114.92 1.54 1,506.12 52 Materials: Pan Tilt Zoom CCTV Camera (Sony SNC-WR632C Network rapid Dome Full HD Camera - W Series)1 Ea.3,305.00 3,305.00 3,707.15 3,707.15 53 Materials: CAT 6 Ethernet Cable for PTZ 95 L.Ft.0.59 56.05 1.68 159.60 54 Materials: Priority Contol System Detector (3M Opticom Model 721)4 Ea.590.00 2,360.00 679.19 2,716.76 55 Materials: Model 138 Detector Cable (for GTT Opticom Model 721)936 L.Ft.0.79 739.44 1.16 1,085.76 56 Materials: GTT Model 764 Multimode Phase Selector Card (Infrared)1 Ea.3,273.00 3,273.00 3,457.64 3,457.64 57 Labor: Installation of Detection Equipment, Complete and In Place.1 L.S.2,200.00 2,200.00 3,297.05 3,297.05 58 Materials: Confirmation Lights w/ Duracell 75 Watt A19 LED bulbs, w/Power Cable 8 Ea.142.00 1,136.00 179.60 1,436.80 59 Materials: 3/C #14 AWG Tray Cable for Red Light Confirmation 160 L.Ft.0.87 139.20 1.10 176.00 60 Materials: "Left Turn Yield on Flashing Yellow Arrow" sign (36"x42")(R10-17T) on Signal Mast Arm (3M DG3 Material)2 Ea.119.00 238.00 360.95 721.90 61 Materials: "Left Turn Signal" sign (30"x36")(R10-10L) on Signal Mast Arm (3M DG3 Material)2 Ea.76.00 152.00 360.95 721.90 62 Materials: Internally Illuminated Street Name Sign (Harvey Mitchell S Pkwy 2300), including mounting brackets and hardware 2 Ea.2,226.00 4,452.00 2,502.05 5,004.10 63 Materials: Internally Illuminated Street Name Sign (Dartmouth St 2700), including mounting brackets and hardware 1 Ea.2,226.00 2,226.00 2,502.05 2,502.05 64 Materials: Internally Illuminated Street Name Sign (Dartmouth St 2800), including mounting brackets and hardware 1 Ea.2,226.00 2,226.00 2,502.05 2,502.05 65 Materials: ATB2 LED Luminaires, w/8-ft-long Streetscape Support Arms, Bronze 4 Ea.859.00 3,436.00 978.71 3,914.84 66 Materials: THHN 3/C #12 Luminaire and Illuminated Street Name Sign Tray Cable 1640 L.Ft.0.47 770.80 1.10 1,804.00 Page 3 of 4 Page 85 of 162 City of College Station - Purchasing Division Bid Tabulation for #21-017 " Harvey Mitchell Pkwy and Dartmouth Traffic Signal" Open Date: Tuesday, January 19, 2021 @ 2:00 p.m. Item Description Unit Qty.Unit Cost Total Unit Cost Total Bayer Construction Electrical Contractors, Inc.City Lynx, Inc. 67 Labor: Installation of Confirmation Lights, ILSNs, Luminaires, and Signs, Complete and In Place.1 L.S.2,375.00 2,375.00 6,564.86 6,564.86 68 Remove Sign 3 Ea.46.00 138.00 54.11 162.33 69 Remove Street Light 1 Ea.500.00 500.00 54.11 54.11 70 Remove Pvmt Mkgs (4") and RPMs 80 L.Ft.1.11 88.80 1.05 84.00 71 Refl Pvmt Mkgs TY I Thermoplastic (W) 24" Solid (incl pvmt surf prep). Installed Complete and In Place.246 L.Ft.9.98 2,455.08 7.35 1,808.10 72 W3-3 (36x36) Aluminum Signs and Posts (10 BWG - 1 - SA - P). Installed Complete and In Place.2 Ea.460.00 920.00 606.65 1,213.30 NOTES: Bid Bond Y Y Addenda Acknowledged Y Y TOTAL BASE BID AMOUNT 326,577.33 293,194.13 Bid Certification Y Y Page 4 of 4 Page 86 of 162 March 11, 2021 Item No. 3.7. Rock Prairie Management District No. 2 ILA relating to park facilities Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an Interlocal Agreement between theCity of College Station and Rock Prairie Management District No. 2. relating to park facilities. Relationship to Strategic Goals: Diverse & Growing Economy Core Services & Infrastructure Recommendation(s): Staff recommends approval the Interlocal Agreement with Rock Prairie Management District No. 2. Summary: Rock Prairie Municipal Management District No. 2 was created to provide certain improvements and services to the property located within the district, as well as to promote and maintain employment, housing, recreation, tourism, entertainment, economic development, safety and public welfare within the District. For property located within the boundaries of the Interlocal Agreement, the District will develop and dedicate parks to the City through the standard development dedication process. Additionally the District will maintain and program parks and related facilities. The District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the park and park facilities and to perform ordinary repairs and maintenance. The District has the right to receive any and all revenue collected from District programmed activities held within these park and park facilities. The initial term of the Interlocal Agreement is for 10 years. This agreement can be renewed for two more additional five year terms. Budget & Financial Summary: There should be no negative impact to the City of College Station. The District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the park and park facilities and to perform ordinary repairs and maintenance. The District has the right to receive any and all revenue collected from District programmed activities held within these parks and park facilities. Reviewed & Approved by Legal: No Attachments: 1.Interlocal Agreement (Park Use Operation and Maintenance) 2-26-2021 2.Midtown-Map Page 87 of 162 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 THE STATE OF TEXAS § § COUNTY OF BRAZOS § THIS INTERLOCAL AGREEMENT (“Agreement”) is by and between the CITY OF COLLEGE STATION, TEXAS (the “City”), a municipal corporation and home-rule city located in Brazos County, Texas, and ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 (the “District”), a political subdivision of the State of Texas created by an Act of the 83rd Texas Legislature under the terms and provisions of Article III, Sections 52 and 52-a and Article XVI, Section 59 of the Texas Constitution, and operating pursuant to Chapter 3909, Special District Local Laws Code and Chapter 375, Texas Local Government Code, as amended. The City and the District are collectively referred to herein as the “Parties,” and each individually referred to as “Party.” WHEREAS, the Parties are both political subdivisions of the State of Texas and are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of certain governmental functions or services; and WHEREAS, the District is authorized by Chapter 3909, Special District Local Laws Code, as amended (the “Act”), to promote the health, safety, welfare and enjoyment of the public by providing, among other things, water, wastewater, drainage, parking, recreational and road facilities; and WHEREAS, the District was created to provide certain improvements and services to the land and other property located therein, as well as to promote, develop, encourage and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety and the public welfare within the District; and WHEREAS, the District is further authorized by the Act and the provisions of Chapter 375, Local Government Code, as amended, to undertake certain improvement projects, which may consist of the construction, acquisition, improvement, relocation, operation, maintenance, or provision of, among other things: landscaping; lighting, banners, and signs; streets and sidewalks; pedestrian skywalks, crosswalks, and tunnels; marinas, pedestrian malls; parks, plazas, lakes, rivers, bayous, ponds, and recreation and scenic areas; historic areas; fountains; works of art; and other similar improvements; and WHEREAS, each Party is authorized to individually perform certain governmental functions and services related to public health and welfare and other governmental functions in which the contracting Parties are mutually interested; and Page 88 of 162 WHEREAS, in furtherance of its purpose, the District or the District’s developer will construct dedicated park(s) on land within the boundaries of the District, and on any land that is annexed into the boundaries of the District with the consent of the City; and WHEREAS, the Park (hereinafter defined) will be developed by the District and/or the District’s developer and dedicated to the City through the standard development and dedication process; and WHEREAS, the Park will be maintained for the enjoyment and benefit of the residents of the City, residents of the District and the general public (collectively, the “Benefited Parties”); and WHEREAS, the District may also employ a person or company to actively program events and activities in the Park; and WHEREAS, the City and the District have determined that it is in the best interest of each Party to enter into this Agreement pursuant to which the City and the District agree that the District shall use, operate, and maintain the Park and the Park Facilities (hereinafter defined); and NOW, THEREFORE for and in consideration of the mutual promises, covenants, and benefits herein set forth; the City and the District do hereby contract and agree as follows: GENERAL TERMS AND CONDITIONS 1. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 2. Term. The initial term of this Agreement is for ten (10) years after the Effective Date. This Agreement, with the mutual written consent of both Parties may be renewed for two (2) additional consecutive five (5) year terms for a total of (20) years. 3. Termination. Either Party may terminate this Agreement for cause or convenience after providing the other Party 180 days’ written notice. 4. Park Dedication. The District or District’s developer will dedicate parkland as required per the City’s Unified Development Ordinance through the development process to include neighborhood park(s) and/or community park(s), as generally depicted on Exhibit “A” attached hereto and incorporated herein (collectively, the “Park”). All dedications will become public parkland owned by the City. As required, all development plans, including amenities and equipment, must be approved by the City. 5. Park Operation and Maintenance. (a) Subject to the terms and conditions set forth in this Agreement, the City hereby grants to the District the right to operate and maintain the Park and related facilities, and the District hereby agrees to operate and maintain the Park and related facilities, including those recreational improvements and facilities permitted under the Act and Chapter 375, Local Government Code, as amended (the “Park Facilities”). The City and District agree that the “Park Facilities” shall include any water well constructed and operated in the Park for irrigation purposes (the “Well”), including irrigation, filling and refilling of the Page 89 of 162 ponds and lakes in the Park, to serve the Park, Park Facilities and other recreational areas within the District. The Parties agree that the District will operate the Well and have the right to use the water produced from the Well in order to serve the Park, Park Facilities and other recreational areas within the District at no additional cost to the District other than regulatory permit fees associated therewith. (b) The District agrees at its sole cost and expense (i) to perform the day-to-day operation and maintenance of the Park and the Park Facilities, including, without limitation, seeding, watering and maintenance of all landscaped areas, pruning and cutting all trees and shrubbery, removing all trash and debris; and painting or other external care of all buildings and improvements in a manner and with such frequency as is consistent with safety and good property management, and to present at all times the appearance of a neat, attractive and well- kept area, (ii) to keep the Park and the Park Facilities in good repair, (iii) to replace Park Facilities worn by ordinary use with similar or upgraded facilities as reasonably necessary; provided that such replacement costs do not exceed $50,000.00 (collectively, “Ordinary Repairs and Maintenance”), and (iv) to contract with and determine consultants and vendors necessary for the operation and maintenance described in this Agreement. The Park shall be maintained to meet required City maintenance standards for City parks. (c) The District shall be responsible for all Ordinary Repairs and Maintenance. The City must approve, in writing, and prior to installation or replacement of any equipment installed in the Park and the City must review and approve in writing the construction plans prior to construction. Any changes to equipment during maintenance must be approved in writing by the City. (d) Any repairs, modifications or replacement of the Park and/or Park Facilities outside the scope of the Ordinary Repairs and Maintenance (collectively, “Major Repairs”) shall be shared equally between the City and the District. The City must approve, in writing, any and all repairs, modifications, or replacement of the Park and/or Park Facilities outside the scope of Ordinary Repairs and Maintenance and prior to any such repair, modification, or replacement being made. Notwithstanding the foregoing, any repair, maintenance and/or replacement of the lake in the Park and the Well shall be solely the responsibility of the District. (e) The City has the right to perform routine inspections of the Park and Park Facilities. (f) The District agrees that it shall not perform any act or permit any activity that could materially diminish the value of the Park or the Park Facilities. The District further agrees to perform all acts necessary to preserve and protect the value of the Park and the Park Facilities and to utilize the Park and the Park Facilities in furtherance of the provision of recreation and beautification of the Park. The District agrees that all Park activity and programming shall be conducted in a manner consistent and promotes the well-being of the City’s citizens and the general public. 6. Access to the Park and Park Facilities. The City hereby grants to the District, its representatives, contractors, agents and employees, a non-exclusive easement in and to the Park and the Park Facilities for the purpose of performing its obligations under this Agreement. The Park shall be open to the Benefited Parties for outdoor recreational purposes, and the Page 90 of 162 District shall not restrict access to the Park or the Park Facilities or the use thereof on the basis of race, color, sex, national origin, or location of residence. 7. Park Programming. If necessary, the District at its sole cost will design and implement Park programming for the Park and coordinate for City approval. Any event shall meet all City ordinances and/or County ordinances, including but not limited to, any requirement for a special event permit. 8. Park Revenue. The District shall have the right to receive any and all revenues collected from all District programming and activities held at the Park and Park Facilities. All revenue received from District Park programs shall only be expended for Park purposes. The District upon written request shall provide the City within thirty (30) days an accounting of all funds received and spent from District Park Programming. District shall establish and maintain a reasonable accounting system that enables City to readily identify revenue and costs associated with Park programs. City shall have the right to audit, to examine, and to make copies of all financial and related records pertaining to this Agreement. If the audit discovers substantive findings related to fraud, misrepresentation, or non‐performance, City may terminate this Agreement with seven (7) days written notice and recoup the costs of the audit work from the District. 9. Insurance. The District shall, at its sole cost and expense, procure and maintain, during the term of this Agreement, comprehensive general public liability insurance against claims for personal injury, death, or property damage occurring in, upon, or about the Park and the Park Facilities or relating to or arising out of the construction, operation, maintenance, or management of the Park and the Park Facilities. The types and amounts of coverage shall be comparable to those maintained by the City or the District for other parks it owns or operates, and shall be sufficient to fully cover the replacement value of the Park Facilities. The City shall be named as an additional insured therein and shall be provided with proof of such insurance upon execution of this Agreement and subsequently upon request. The District shall provide the City with thirty (30) days prior written notice of any amendment to or cancellation of any insurance policy. 10. Indemnification. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, the City and District agree to hold harmless the other Party, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by the other Party, or any of its officers, agents or employees as a result of its performance under this Agreement. 11. Amendment. The terms and conditions of this Agreement may be amended upon the mutual written consent of both Parties. Mutual consent will be demonstrated approval of the governing body of each Party hereto. No modification 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. Page 91 of 162 12. Utilities for the Park and Park Facilities. The District shall pay, or cause to be paid the cost of all utilities furnished to the Park and the Park Facilities, including but not limited to, electricity, gas, water, sewer and telephone and internet services. The District reserves the right to contest the validity or amount of any such utilities, and defer payment of any amounts disputed in good faith pending such contest. 13. No Assignment. Except as otherwise provided below, this Agreement may not be assigned by either Party hereto without the prior written consent of the non-assigning Party. 14. Choice of Law and Venue. This Agreement is governed in accordance with the laws of the State of Texas. Venue shall be in Brazos County, Texas. 15. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Agreement as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Agreement or by reform by a court of competent jurisdiction. 16. Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, in no way constitutes a waiver of that provision, nor in anyway affects the validity of this Agreement, any part of this Agreement, or the right of the Party thereafter to enforce each and every provision of this Agreement. No term of this Agreement will be deemed waived or breach excused unless such waiver is in writing and signed by the Party claiming to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 17. Headings. The section headings of this Agreement are for convenience and shall neither amplify nor detract from the text of this Agreement. 18. No Third Party Beneficiaries. This Agreement is not intended to create and does not create any rights in or benefits to any third party. The City and District will act independently in carrying out their respective obligations under this Agreement, and neither Party confers any rights or assumes any responsibility to a third party in connection with this Agreement. 19. Relation of Parties. It is the intention of the Parties that District is independent of the City and not an employee, agent, joint venturer, or partner of City and nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between District and City or City and any of the District’s representatives. 20. Notice. Notice which shall or may be given in accordance with the terms of this Agreement, shall be in writing and shall be hand delivered by expedited delivery service with proof of delivery, sent by United States mail, registered or certified, adequate postage prepaid, return receipt requested, or by electronic transmission, addressed to the following Parties: Page 92 of 162 If to the City: City of College Station Economic Development Department P.O. Box 9960 College Station, TX 77842-9960Telephone: 979-764-3423 Email address: anettles@cstx.gov If to the District: Rock Prairie Management District No. 2 c/o Schwartz, Page & Harding, L.L.P. 1300 Post Oak Boulevard, Suite 1400 Houston, Texas 77056 Attn: President, Board of Directors Telephone: (713) 623-4531 Email address: ccole@sphllp.com Each Party shall have the right to change its address for purposes of notice and to substitute the parties to receive copies of such notice, by giving notice as provided in this Section. Each notice given under this Agreement shall be deemed received and effective on the third (3rd) day after deposit in the U.S. mail, if mailed; upon actual delivery, if hand delivered; or upon confirmation of receipt thereof if sent by electronic transmission. 21. 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. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Page 93 of 162 IN WITNESS WHEREOF, this Agreement has been executed in multiple counterparts, each of equal dignity, as of the Effective Date. THE CITY OF COLLEGE STATION, TEXAS Mayor ATTEST/SEAL: City Secretary APPROVED AS TO FORM: City Attorney STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged on _____________________, 2021, by _______________________, ______________________________ of City of College Station, Texas, on behalf of the City. _________________________________ Notary Public, State of Texas Page 94 of 162 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 By: _________________________________ Uri Geva President, Board of Directors STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this ______ day of ________________, 2021, by Uri Geva, President of the Board of Directors of Rock Prairie Management District No. 2, a political subdivision of the State of Texas, on behalf of said political subdivision. _________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: Rock Prairie Management District No. 2 c/o Schwartz, Page & Harding, L.L.P. 1300 Post Oak Boulevard, Suite 1400 Houston, Texas 77056 Page 95 of 162 EXHIBIT “A” 565792v2 Page 96 of 162 ROCK PRAIRIE ROADBIRD POND RDCOFFEE MILL LANE FORK D R I V E MINERAL WELLS LANE GIBBO N S W A Y TEXANA COURTKICKAPOO LANETOLEDO BEND DRIVE L A D Y B I R D L A N ETOLEDO BEND DRIVELADY B IRD LANE LIVI N G S T O N D RI V ETOLEDO BEND DRIVETOLEDO BEND DRIVEMCQUEENY DRIVE TOLEDO BEND DRIVE PUBLIC ALLEYPUBLIC ALLEY AMISTAD LOOPGRANGER LANE AMISTAD LOOPDOUBLE MOUNTAIN ROAD PUBLIC ALLEY FORK DRIVETOLEDO BEND DRIVETOWN LAKE DRI VE TOWN LAKE DRIVEDOUBLE MOUNTAIN ROAD DOUB L E M O U N T A I N R O A D M I D T O W N D R I V E M I D T OW N D R I V E DOUBLE MOUN T A I N R D DURHAM DRIVEPUBLIC ALLEY 591.94 PaverStrip Paver-BlockO utPaverStrip Paver-Blo ckOutPaverStrip Paver-Bl o ckO ut PaverS t r ip Paver-BlockOu tPaverStripPaver-BlockO u t PaverStr i p Paver-BlockOu t PaverSt r ip Paver-Bloc kOut PaverStr i p Paver-BlockOu t PaverStr i p Paver-Blo ckOu tPaverStrip Paver-Bl oc k Ou t PaverSt r i p Paver-Bloc kOut PaverSt r ip Paver-Block Out PaverS t r ip Paver-BlockOu tPaverStr i p Paver-BlockOutPaverSt r i p Paver-BlockOut PaverS t rip Paver-BlockOut PaverStr i p Paver-Bl o ckO utPaver-BlockOut PaverS t rip PaverStr i p Paver-Bl o ckO ut PaverSt r ip Paver-Blo c kO utPaverStri p Paver-Bloc kOut PaverStr i p Paver-BlockO u tPaverStripPaver-BlockOu tPaverStri p Paver-BlockOu t PaverSt r ip Paver-BlockOu tPaverStrip Paver-Block Out PaverStr i p Paver-B l ock Out PaverSt r ip Paver-Blo ckO utPaverStrip Paver-BlockO ut PaverStr i p Paver-Bl o ckO utPaverStripPaver-Blo c kOu t PaverStrip Paver-BlockO ut PaverStr i p Paver-BlockOu t PaverStr i p Paver-Blo ckO ut PaverSt r ip Paver-Blo c kO utPaverStripPaver-Bloc kOutPaverStripPaver-BlockOu tPaverStripPaver-BlockOu t PaverSt r ip Paver-Bl ockOutPaverStrip Paver-Block Out PaverStr i p Paver-B l ock Out PaverSt r ip Paver-Blo ckO utPaverStrip Paver-BlockO utPaver-BlockO u t PaverStr i p Paver-Bl ockOut PaverSt r ip Paver-Blo ckO ut PaverStr i p Paver-BlockOu t PaverSt r ip Paver-Block OutPaverStri p Paver-B l ock Out PaverSt r ip Paver-BlockOu t PaverStrip Paver-BlockO utPaverStrip Paver-Blo ckO ut PaverSt r ip Paver-Blo c kO utPaverStripPaver-Bloc kOut PaverStr i p Paver-BlockO u tPaverStri p Paver-BlockOu t PaverStr i p Paver-BlockOu t PaverStrip Paver-Bloc kOutPaverStrip Paver-Block Out PaverStr i p Paver-BlockOu tPaverStrip Paver-B l ock Out PaverSt r ip Paver-Blo ckO ut PaverSt r ip Paver-Bloc kOut PaverStrip Paver-BlockO u t PaverSt r ip Paver-BlockOu t PaverStrip Paver-Bloc kOutPaverStrip Paver-B l ock Out PaverStr i p Paver-BlockOu t PaverSt r ip Paver-BlockOu t PaverStr i p Paver-Bl ock OutPaverStrip Paver-Block Out TO C O D E R O A D DOROTHY LANE DOROTHY LANEMURR LANEMURR LANEMURR LANEDURHAM LOOPTOC O D E R O A D MI D T OW N L O O P FORK COURTPARK APARK BPARK CPARK C PARK D PARK F PARK G PARK H PARK I PARK JPARK KPARK L PARK M PARK Y PARK N PARK NPARK O3 PARK E PARK O2 PARK O1PARK PPARK QPARK R PARK SPARK TPARK UPARK VPA R K W PARK X PHASE 201 PHASE 200 15895/98 PHASE 102 15612/31 PHASE 104 PHASE 105 PHASE 110 PHASE 106 PHASE 100 15518/139 PHASE 107 PHASE 109 PHASE 301 15731/206 PHASE 302 PHASE 403 PHASE 501 PHASE 701 PHASE 406 PHASE 602 PHASE 103 15905/174 PHASE 404 PHASE 401 PHASE 402 PHASE 405 PHASE 303 PHASE 304 PHASE 305 PHASE 108 PHASE 601 15575/72 LEGENDMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINE MATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINE MATCHLINEMATCHLINE MATCHLINEMATCHLINEMATCHLINEMATCHLINE MATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINE ROCK PRAIRIE ROAD TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 (979) 764-3900 ENGINEER:SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: AS SHOWN MARCH 2020 OWNER/DEVELOPER: Midtown City Center Subdivision: College Station Town Center, Inc. 4121 S.H. 6 South, Suite 200 College Station, TX 77845 (979) 985-5610 PRELIMINARY PLAN NOT FOR RECORD PHASE 100: 7.367 ACRES - 26 LOTS (0.010 ACRES C.A.)PHASE 107: 10.170 ACRES - 47 LOTS (0.482 ACRES C.A.) PHASE 102: 11.188 ACRES - 62 LOTS (0.154 ACRES C.A.)PHASE 108: 7.248 ACRES - 46 LOTS (0.058 ACRES C.A.) PHASE 103: 1.158 ACRES - 9 LOTS (0.000 ACRES C.A.)PHASE 109: 14.284 ACRES - 84 LOTS (0.269 ACRES C.A.) PHASE 104: 5.364 ACRES - 36 LOTS (0.114 ACRES C.A.)PHASE 110: 14.557 ACRES - 30 LOTS (0.954 ACRES C.A.) PHASE 105: 10.421 ACRES - 69 LOTS (0.182 ACRES C.A.)PHASE 200: 11.349 ACRES - 49 LOTS (0.071 ACRES C.A.) PHASE 106: 8.666 ACRES - 50 LOTS (0.102 ACRES C.A.)PHASE 201: 7.829 ACRES - 55 LOTS (0.050 ACRES C.A.) PRELIMINARY PLAN MIDTOWN RESERVE SUBDIVISION 109.600 ACRES - 563 LOTS THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY , TEXAS PHASE 301: 14.332 ACRES - 3 LOTS PHASE 401: 5.417 ACRES - 1 LOT PHASE 406: 8.278 ACRES - 1 LOT PHASE 302: 10.595 ACRES - 3 LOTS PHASE 402: 5.929 ACRES - 1 LOT PHASE 501: 9.773 ACRES - 2 LOTS PHASE 303: 1.314 ACRES - 1 LOT PHASE 403: 7.675 ACRES - 1 LOT PHASE 601: 6.782 ACRES - 14 LOTS PHASE 304: 6.736 ACRES - 0 LOTS PHASE 404: 5.343 ACRES - 1 LOT PHASE 602: 12.402 ACRES - 1 LOT PHASE 305: 2.052 ACRES - 0 LOTS PHASE 405: 7.765 ACRES - 1 LOT PHASE 701: 5.165 ACRES - 1 LOT MIDTOWN CITY CENTER SUBDIVISION 109.558 ACRES - 31 LOTS OWNER/DEVELOPER: Midtown Reserve Subdivision: College Station Downtown Residential, LLC 1645 Greens Prairie Road West, Ste, 204 College Station, TX 77845 (979) 690-7250 REVISED TOLEDO BEND RDTOWN LAKE DRIVEDOUBLE MOUNTAIN RD M I D T OW N D R I V E SHEE T 3 O F 1 4 SHEE T 4 O F 1 4 SHEE T 5 O F 1 4 SHEE T 6 O F 1 4 SHEE T 7 O F 1 4 SHEE T 8 O F 1 4 SHEE T 9 O F 1 4 SHEE T 1 0 O F 1 4 SHEE T 1 1 O F 1 4 SHEE T 1 2 O F 1 4 SHEE T 1 3 O F 1 4 SHEE T 1 4 O F 1 4 SHEET INDEX VICINITY MAP ROCK PRAIRIE RD.BIRD POND R D.MEDICAL AVE.NOT TO SCALE TOWN LAKE DRIVEBIRD PONDRD· · · · · · · · OWNER: Geva Uri 2809 Brothers Blvd. College Station, TX 77845 OWNER: William Lewis 3022 Balsam Ct. Bryan, TX 77807 OWNER: Glover Hays 300 Suffolk Ave. College Station, TX 77840 OWNER: Mark Lindemulder 4800 Wayne Ct. College Station, TX 77845 OWNER: Jonathan Stark 4713 Nantucket Drive College Station, TX 77845 OWNER: Bird Pond Right-of-Way: RPMD No. 2 1300 Post Oak Blvd Houston, TX 77056 P:\20-805 Midtown Preliminary Plan - Documents\PRELIMINARY PLAN\Midtown PP.dwg, SHEET 01Page 97 of 162 ROCK PRAIRIE ROADBIRD POND RDCOFFEE MILL LANE FORK D R I V E MINERAL WELLS LANE GIBBO N S W A Y TEXANA COURTKICKAPOO LANETOLEDO BEND DRIVE L A D Y B I R D L A N ETOLEDO BEND DRIVELADY B IRD LANE LIVI N G S T O N D RI V ETOLEDO BEND DRIVETOLEDO BEND DRIVEMCQUEENY DRIVE TOLEDO BEND DRIVE PUBLIC ALLEYPUBLIC ALLEY AMISTAD LOOPGRANGER LANE AMISTAD LOOPDOUBLE MOUNTAIN ROAD PUBLIC ALLEY FORK DRIVETOLEDO BEND DRIVETOWN LAKE DRI VE TOWN LAKE DRIVEDOUBLE MOUNTAIN ROAD DOUB L E M O U N T A I N R O A D M I D T O W N D R I V E M I D T OW N D R I V E DOUBLE MOUN T A I N R D DURHAM DRIVEPUBLIC ALLEY 591.94 PaverStrip Paver-BlockO utPaverStrip Paver-Blo ckOutPaverStrip Paver-Bl o ckO ut PaverS t r ip Paver-BlockOu tPaverStripPaver-BlockO u t PaverStr i p Paver-BlockOu t PaverSt r ip Paver-Bloc kOut PaverStr i p Paver-BlockOu t PaverStr i p Paver-Blo ckOu tPaverStrip Paver-Bl oc k Ou t PaverSt r i p Paver-Bloc kOut PaverSt r ip Paver-Block Out PaverS t r ip Paver-BlockOu tPaverStr i p Paver-BlockOutPaverSt r i p Paver-BlockOut PaverS t rip Paver-BlockOut PaverStr i p Paver-Bl o ckO utPaver-BlockOut PaverS t rip PaverStr i p Paver-Bl o ckO ut PaverSt r ip Paver-Blo c kO utPaverStri p Paver-Bloc kOut PaverStr i p Paver-BlockO u tPaverStripPaver-BlockOu tPaverStri p Paver-BlockOu t PaverSt r ip Paver-BlockOu tPaverStrip Paver-Block Out PaverStr i p Paver-B l ock Out PaverSt r ip Paver-Blo ckO utPaverStrip Paver-BlockO ut PaverStr i p Paver-Bl o ckO utPaverStripPaver-Blo c kOu t PaverStrip Paver-BlockO ut PaverStr i p Paver-BlockOu t PaverStr i p Paver-Blo ckO ut PaverSt r ip Paver-Blo c kO utPaverStripPaver-Bloc kOutPaverStripPaver-BlockOu tPaverStripPaver-BlockOu t PaverSt r ip Paver-Bl ockOutPaverStrip Paver-Block Out PaverStr i p Paver-B l ock Out PaverSt r ip Paver-Blo ckO utPaverStrip Paver-BlockO utPaver-BlockO u t PaverStr i p Paver-Bl ockOut PaverSt r ip Paver-Blo ckO ut PaverStr i p Paver-BlockOu t PaverSt r ip Paver-Block OutPaverStri p Paver-B l ock Out PaverSt r ip Paver-BlockOu t PaverStrip Paver-BlockO utPaverStrip Paver-Blo ckO ut PaverSt r ip Paver-Blo c kO utPaverStripPaver-Bloc kOut PaverStr i p Paver-BlockO u tPaverStri p Paver-BlockOu t PaverStr i p Paver-BlockOu t PaverStrip Paver-Bloc kOutPaverStrip Paver-Block Out PaverStr i p Paver-BlockOu tPaverStrip Paver-B l ock Out PaverSt r ip Paver-Blo ckO ut PaverSt r ip Paver-Bloc kOut PaverStrip Paver-BlockO u t PaverSt r ip Paver-BlockOu t PaverStrip Paver-Bloc kOutPaverStrip Paver-B l ock Out PaverStr i p Paver-BlockOu t PaverSt r ip Paver-BlockOu t PaverStr i p Paver-Bl ock OutPaverStrip Paver-Block Out TO C O D E R O A D DOROTHY LANE DOROTHY LANEMURR LANEMURR LANEMURR LANEDURHAM LOOPTOC O D E R O A D MI D T OW N L O O P FORK COURTPARK APARK BPARK CPARK C PARK D PARK F PARK G PARK H PARK I PARK JPARK KPARK L PARK M PARK Y PARK N PARK NPARK O3 PARK E PARK O2 PARK O1PARK PPARK QPARK R PARK SPARK TPARK UPARK VPA R K W PARK X PHASE 201 PHASE 200 15895/98 PHASE 102 15612/31 PHASE 104 PHASE 105 PHASE 110 PHASE 106 PHASE 100 15518/139 PHASE 107 PHASE 109 PHASE 301 15731/206 PHASE 302 PHASE 403 PHASE 501 PHASE 701 PHASE 406 PHASE 602 PHASE 103 15905/174 PHASE 404 PHASE 401 PHASE 402 PHASE 405 PHASE 303 PHASE 304 PHASE 305 PHASE 108 PHASE 601 15575/72 LEGENDMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINE MATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINE MATCHLINEMATCHLINE MATCHLINEMATCHLINEMATCHLINEMATCHLINE MATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINEMATCHLINE ROCK PRAIRIE ROAD TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 (979) 764-3900 ENGINEER:SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: AS SHOWN MARCH 2020 OWNER/DEVELOPER: Midtown City Center Subdivision: College Station Town Center, Inc. 4121 S.H. 6 South, Suite 200 College Station, TX 77845 (979) 985-5610 PRELIMINARY PLAN NOT FOR RECORD PHASE 100: 7.367 ACRES - 26 LOTS (0.010 ACRES C.A.)PHASE 107: 10.170 ACRES - 47 LOTS (0.482 ACRES C.A.) PHASE 102: 11.188 ACRES - 62 LOTS (0.154 ACRES C.A.)PHASE 108: 7.248 ACRES - 46 LOTS (0.058 ACRES C.A.) PHASE 103: 1.158 ACRES - 9 LOTS (0.000 ACRES C.A.)PHASE 109: 14.284 ACRES - 84 LOTS (0.269 ACRES C.A.) PHASE 104: 5.364 ACRES - 36 LOTS (0.114 ACRES C.A.)PHASE 110: 14.557 ACRES - 30 LOTS (0.954 ACRES C.A.) PHASE 105: 10.421 ACRES - 69 LOTS (0.182 ACRES C.A.)PHASE 200: 11.349 ACRES - 49 LOTS (0.071 ACRES C.A.) PHASE 106: 8.666 ACRES - 50 LOTS (0.102 ACRES C.A.)PHASE 201: 7.829 ACRES - 55 LOTS (0.050 ACRES C.A.) PRELIMINARY PLAN MIDTOWN RESERVE SUBDIVISION 109.600 ACRES - 563 LOTS THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY , TEXAS PHASE 301: 14.332 ACRES - 3 LOTS PHASE 401: 5.417 ACRES - 1 LOT PHASE 406: 8.278 ACRES - 1 LOT PHASE 302: 10.595 ACRES - 3 LOTS PHASE 402: 5.929 ACRES - 1 LOT PHASE 501: 9.773 ACRES - 2 LOTS PHASE 303: 1.314 ACRES - 1 LOT PHASE 403: 7.675 ACRES - 1 LOT PHASE 601: 6.782 ACRES - 14 LOTS PHASE 304: 6.736 ACRES - 0 LOTS PHASE 404: 5.343 ACRES - 1 LOT PHASE 602: 12.402 ACRES - 1 LOT PHASE 305: 2.052 ACRES - 0 LOTS PHASE 405: 7.765 ACRES - 1 LOT PHASE 701: 5.165 ACRES - 1 LOT MIDTOWN CITY CENTER SUBDIVISION 109.558 ACRES - 31 LOTS OWNER/DEVELOPER: Midtown Reserve Subdivision: College Station Downtown Residential, LLC 1645 Greens Prairie Road West, Ste, 204 College Station, TX 77845 (979) 690-7250 REVISED TOLEDO BEND RDTOWN LAKE DRIVEDOUBLE MOUNTAIN RD M I D T OW N D R I V E SHEE T 3 O F 1 4 SHEE T 4 O F 1 4 SHEE T 5 O F 1 4 SHEE T 6 O F 1 4 SHEE T 7 O F 1 4 SHEE T 8 O F 1 4 SHEE T 9 O F 1 4 SHEE T 1 0 O F 1 4 SHEE T 1 1 O F 1 4 SHEE T 1 2 O F 1 4 SHEE T 1 3 O F 1 4 SHEE T 1 4 O F 1 4 SHEET INDEX VICINITY MAP ROCK PRAIRIE RD.BIRD POND R D.MEDICAL AVE.NOT TO SCALE TOWN LAKE DRIVEBIRD PONDRD· · · · · · · · OWNER: Geva Uri 2809 Brothers Blvd. College Station, TX 77845 OWNER: William Lewis 3022 Balsam Ct. Bryan, TX 77807 OWNER: Glover Hays 300 Suffolk Ave. College Station, TX 77840 OWNER: Mark Lindemulder 4800 Wayne Ct. College Station, TX 77845 OWNER: Jonathan Stark 4713 Nantucket Drive College Station, TX 77845 OWNER: Bird Pond Right-of-Way: RPMD No. 2 1300 Post Oak Blvd Houston, TX 77056 P:\20-805 Midtown Preliminary Plan - Documents\PRELIMINARY PLAN\Midtown PP.dwg, SHEET 01Page 98 of 162 March 11, 2021 Item No. 3.8. Rock Prairie Management District No. 2 Resolution Amendment Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution of the City Council of the City of College Station, Texas, amending Resolution No. 07-09-15-02 adopted July 9, 2015, authorizing the Rock Prairie Management District No. 2 relating to park and recreational facilities. Relationship to Strategic Goals: Diverse & Growing Economy Core Services & Infrastructure Recommendation(s): Staff recommends approval of the resolution authorizing the Rock Prairie Management District No. 2 to use any available revenue source to construct, maintain, and finance parks and recreational facilities and improvements. Summary: This item is a clean-up item that will enable the Rock Prairie Management District No. 2 to utilize any available revenue source to construct, maintain and finance parks and recreational facilities and improvements as permitted under Chapter 3909 of the Special District Local Laws Code and Chapter 375, Texas Local Government Code. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Resolution Page 99 of 162 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING RESOLUTION NO. 07-09-15-02 ADOPTED JULY 9, 2015, AUTHORIZING THE ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 RELATING TO PARK AND RECREATIONAL FACILITIES. WHEREAS, the City Council of the City of College Station, Texas approved Resolution No. 07-09-15-02 on or about July 9, 2015 authorizing the Rock Prairie Management District No. 2 (“District”); and WHEREAS, within such resolution park and recreational facilities was addressed including construction, maintenance, and financing of same within the District; and WHEREAS, City Council now determines it to be in the best interest of the general public to amend how park and recreational facilities are authorized within the District by amending such resolution; now therefore BE IT RESOLVED BY THE CITY OF COLLEGE STATION, TEXAS, THAT: Section 1. The facts and recitations set forth in the preamble of this Resolution are declared true and correct. Section 2. Subsection (d) of section 5 of Resolution No. 07-09-15-02 adopted on or about July 9, 2015 by the City Council of the City of College Station, Texas is hereby amended to read in its entirety as follows: (d) Park and Recreational Facilities. The District may use any available revenue source to construct, maintain and finance those park and recreational facilities and improvements permitted under Chapter 3909, Special District Local Laws Code and Chapter 375, Texas Local Government Code.” Section 3 All other parts of Resolution No. 07-09-15-02 adopted on or about July 9, 2015 remain in full force and effect. ADOPTED this _______ day of ________________________, 20__. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 100 of 162 Page 101 of 162 March 11, 2021 Item No. 3.9. Rock Prairie Management District No. 2 Annexation Consent Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution of the City Council of the City of College Station, Texas, granting consent to the annexation of approximately thirty-three acres of land into the Rock Prairie Management District No. 2 located within the city. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): Staff recommends approval of the consent to annexation of approximately thirty-three acres of land into the Rock Prairie Management District No. 2, located within the City. Summary: College Station Downtown Residential, LLC, has filed a petition requesting consent to annexation of 33.342 acres of land into Rock Prairie Management District No. 2. Pursuant to Sect. 3909.110 and 3909.111 Texas Special District Laws Code and Subchapter J, Chapter 49 Texas Water Code, the District must obtain City approval for the annexation of land and subsequent issuance of bond indebtedness; therefore, the District has come to the City for consent. Budget & Financial Summary: The annexed property will not be subject to the Infrastructure or Economic Development Agreements between the City and the District. Reviewed & Approved by Legal: No Attachments: 1.Resolution Page 102 of 162 RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, GRANTING CONSENT TO THE ANNEXATION OF APPROXIMATELY THIRTY-THREE ACRES OF LAND INTO ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 LOCATED WITHIN THE CITY. WHEREAS, Rock Prairie Management District No. 2 (“District”) was created pursuant to a special act codified in Chapter 3909, Texas Special District Local Laws Code and approved by the City of College Station, Texas (“City”) as set forth in Resolution No. 07-09-15-02 on or about July 9, 2015; and WHEREAS, College Station Downtown Residential, LLC, as sole owner of approximately 33.342 acres of land more particularly described in Exhibit “A” attached hereto and incorporated herein as Exhibit “A” (the “Land”) has filed a petition requesting consent to annexation into the District including an estimated amount of Four Million Two Hundred Thirty Five Hundred Thousand Dollars and No Cents ($4,235,000.00) of bonded indebtedness to be issued by the District as improvements contemplated within the Land (the “Petition”). A copy of the Petition is attached hereto as Exhibit “B;”; and WHEREAS, pursuant to Sect. 3909.110 and 3909.111 Texas Special District Laws Code and Subchapter J, Chapter 49 Texas Water Code the District must obtain City approval for the annexation of Land and subsequent issuance of bonded indebtedness; and WHEREAS, the City Council of the City now desires to grant such approval as set forth in this Resolution; 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 declared true and correct. PART 2:That the City Council of the City herein grants consent to the annexation of the Land into the District as set forth in this Resolution. PART 3:That the terms and conditions upon which the City consents to the annexation of the Land into the District is as follows: a.District complies with the terms and conditions set forth in City Resolution No. 07-09-15-02 adopted on or about July 9, 2015, as amended; and b. The Land is NOT made a part of Tract “A” as referenced in that one certain Infrastructure and Economic Development Agreement entered Page 103 of 162 RESOLUTION NO. ________Page 2 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx into between the City and the District on or about July 9, 2015; and the District takes any and all steps reasonably necessary to ensure this. PART 4:That the consent in this Resolution is conditioned upon compliance with the above- referenced terms and conditions and serves as authorization for the District to annex the Land as provided herein and in accordance with applicable law. PASSED, ADOPTED and APPROVED this 11th day of March, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED AS TO FORM: _______________________________ City Attorney Page 104 of 162 RESOLUTION NO. ________Page 3 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 105 of 162 RESOLUTION NO. ________Page 4 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 106 of 162 RESOLUTION NO. ________Page 5 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 107 of 162 RESOLUTION NO. ________Page 6 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 108 of 162 RESOLUTION NO. ________Page 7 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 109 of 162 RESOLUTION NO. ________Page 8 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 110 of 162 RESOLUTION NO. ________Page 9 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 111 of 162 RESOLUTION NO. ________Page 10 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 112 of 162 RESOLUTION NO. ________Page 11 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 113 of 162 RESOLUTION NO. ________Page 12 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 114 of 162 RESOLUTION NO. ________Page 13 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 115 of 162 RESOLUTION NO. ________Page 14 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 116 of 162 RESOLUTION NO. ________Page 15 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 117 of 162 RESOLUTION NO. ________Page 16 of 16 \\JOB-CC-AZ-001\TempUpload\ca5f4b4ac0\stream/COLLEGESTATIONTX/485e29cfd7.docx Page 118 of 162 March 11, 2021 Item No. 3.10. PY 2020 Action Plan Substantial Amendment 1-3 Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the adoption of a resolution approving three (3) substantial amendments to the Program Year 2020 Annual Action Plan to reprogram Community Development Block Grant funding and HOME Investment Partnership Program funding to address repairs to owner-occupied homes and economic assistance for businesses affected by COVID-19. Relationship to Strategic Goals: Neighborhood Integrity Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval of 3 substantial amendments to the PY2020 Annual Action Plan. Summary: Community Development staff recommends the adoption of a resolution approving three (3) substantial amendments to the Program Year 2020 Annual Action Plan to address home repair needs of homeowners, potentially caused by the severe winter weather and to move additional funds to continue to address needs of small business owners caused by COVID-19. The Substantial Amendments include: 1) Reprograms $270,000 from Acquisition/New Construction and $10,000 from Demolition to the Minor Repair Program. This program provides a grant of up to $7,500.00 to address needed repairs to owner-occupied homes that affect the health and safety of the occupants. The Acquisition/New Construction funds have been reserved for B-CS Habitat for Humanity (Habitat) to construct new homes on Renee Lane in College Station. After discussions with Habitat, these funds will be moved to allow for home repairs and funds from the PY2021 grant will be allocated to replace this amount. There are funds in place to address engineering expenses to allow Habitat to move the project closer to construction next year. The Demolition funds have been included in the Community Development budget to address unsafe structures. These funds will be replaced from the PY2021 grant. 2) Reprograms $267,243.00 from HOME COVID-19 Rental Assistance to Owner-Occupied Rehabilitation. A substantial amendment last year reprogrammed $475,000.00 in HOME funds to make rental assistance available to residents affected by COVID-19. $207,757.00 was expended for this purpose. Additional needs have been addressed through CARES Act Community Development Page 119 of 162 Block Grant funds. The City will also partner with Brazos County to receive Emergency Rent Assistance Program funds from the U. S. Treasury to address rental assistance needs caused by COVID-19 in the future. The Owner-Occupied Rehabilitation Program offers a loan of up to $50,000.00 to eligible homeowners to make repairs to homes and bring all systems up to current codes. 50% of the loan is forgiven if the owner remains in the home for 10 years. The balance is paid back to the City at a 3% interest rate. Elderly household loan payments can be deferred until the owner moves from the home. 3) The City received a total of $822,034 in additional CDBG CARES Act funding (CDBG-CV3). These funds were allocated to Economic Development in the amount of $411,017 and Public Service Agency funds in the amount of $411,017 with the intent of funding partners expecting to utilize the funds for rent assistance. Due to the partnership with Brazos County and Emergency Rent Assistance funds from the U. S. Treasury, staff recommends moving $411,017.00 of CDBG-CV3 funds to Economic Assistance to assist more small businesses with retaining jobs for low-to-moderate income employees. A virtual public hearing was held on Monday, March 1, 2021 at 5:30 PM to present these substantial amendments and receive public comment. Staff will provide any comments received. Budget & Financial Summary: Funds available in the FY2021 Community Development budget. Reviewed & Approved by Legal: No Attachments: 1.Resolution - PY2020 Action Plan - Substantial Amendments 1-3 Page 120 of 162 RESOLUTION NO. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THREE (3) SUSBTANTIAL AMENDMENTS TO THE CITY’S 2020 ANNUAL ACTION PLAN TO REPROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING TO ADDRESS OWNER-OCCUPIED HOUSING REPAIRS AND ECONOMIC ASSISTANCE FOR BUSINESSES AFFECTED BY COVID-19. WHEREAS, the City of College Station has prepared three (3) substantial amendments to the 2020 Annual Action Plan to (1) reprogram Community Development Block Grant funds in the amount of $270,000.00 from Acquisition/New Construction and $10,000.00 from Demolition to the Minor Repair Program, (2) reprogram HOME Investment Partnership Program funding in the amount of $267,243.00 from COVID-19 Rent Assistance to Owner-Occupied Rehabilitation, and (3) reprogram Community Development Block Grant CARES Act – 3 funds in the amount of $411,017 from Public Service Agency funding to Economic Assistance; and WHEREAS, the City of College Station, Texas, has a Five-Year Consolidated Plan that has been approved by both City and HUD that guides the development of the annual Action Plan and Budget; and WHEREAS, the City of College Station, Texas, has an established Community Development Program under Chapter 373 of the Texas Local Government Code that (1) identifies areas of the City with concentrations of low and moderate income persons; (2) establishes areas in which program activities are proposed; (3) provides a plan under which citizens may publicly comment on activities; and (4) requires public hearings on program activities; and WHEREAS, the City of College Station has provided adequate information to the citizens and an opportunity to participate in the development of the Substantial Amendments to the 2020 Annual Action Plan; and WHEREAS, the City Council acknowledges that the adoption of the Substantial Amendments to 2020 Annual Action Plan is in the best interest of the City and is for the purpose of expending community development resources for the primary benefit of low and moderate income citizens; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves three (3) Substantial Amendments to the 2020 Action Plan. PART 2:That the City Council hereby designates and authorizes and the City Manager to sign all required applications, certifications, evaluations and other forms required by HUD Page 121 of 162 RESOLUTION NO. ___________________Page 2 for the Substantial Amendments to the 2020 Action Plan on behalf of the City of College Station. PART 3:That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2021 APPROVED ATTEST:Karl Mooney, Mayor ____________________________________ Tanya Smith, City Secretary APPROVED: City Attorney Page 122 of 162 March 11, 2021 Item No. 3.11. Ordinance Amendment for Establishing a Wastewater Rate Surcharge Outside City Limits Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 40, "Utilities", Article II "Water and Sewer Service" of the Code of Ordinances of the City of College Station, Section 40-65, “Rates for Sewerage Service”. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: Resolution 2-9-2006-13.04 was adopted in 2006 establishing the utility extension policy to serve customers outside city limits. The following is a summary of the utility extension policy that is not proposed to be amended at this time. The resolution in summary states that water and wastewater services will not be available to properties outside the City’s corporate limits without a petition for annexation for the subject properties. Additionally, the costs of utility extensions will be borne by the developer. However, the policy also allows for exceptions so that utility services may be provided outside the City limits or the City’s CCN in certain situations. In the instances where Council approves an exception to annexation, the subject ordinance amendments would require a 50% surcharge to new sewer customers outside city limits. This is a common surcharge and the same surcharge applied to customers in BCMUD-1 known as Speedway MUD or Southern Point development. This surcharge will help offset the City’s cost of adding utility capacity to meet the demands of the development. This item is an accompanying item to the Fee Resolution Amendment also being considered on today’s Consent Agenda. These changes are necessary to meet operational costs and the demands of rapid growth, and staff recommends approval. Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.Section 40-65 Ord Amend_20210302 Page 123 of 162 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 40, “UTILITIES”, ARTICLE II, “WATER AND SEWER SERVICE”, DIVISION 2, “RATES, USAGE CHARGES AND FEES”, SECTION 40-65 “RATES FOR SEWERAGE SERVICE”, SUBSECTION (J), OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 40, “Utilities”, Article II, “Water and Sewer Service”, Division 2, “Rates, Usage Charges and Fees”, Section 40-65 “Rates for Sewerage Service”, subsection (j), of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: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. PASSED, ADOPTED and APPROVED this _______ day of _________________, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor Page 124 of 162 ORDINANCE NO._____Page 2 of 3 Ordinance _______________ APPROVED: _______________________________ City Attorney Page 125 of 162 ORDINANCE NO._____Page 3 of 3 Ordinance _______________ EXHIBIT “A” That Chapter 40, “Utilities”, Article II, “Water and Sewer Service”, Division 2, “Rates, Usage Charges and Fees”, Section 40-65 “Rates for Sewerage Service”, subsection (j), of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: Article II. - Water and Sewer Service Division 2. - Rates, Usage Charges and Fees Sec. 40-65. - Rates for sewerage service. … (j)All customers receiving sewer service outside of the City’s corporate limits or under contract where the sewer rates are not addressed in the contract shall pay 1.15 times the amounts shall pay all established rates, with an additional fifty-percent (50%) surcharge, as established in Section 2-117. … Page 126 of 162 March 11, 2021 Item No. 3.12. Aggieland Humane Society Board Appointment Sponsor:Billy Couch, Assistant Chief of Police Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action as it relates to the appointment of a new member, representing the City of College Station, to the Aggieland Humane Society Board. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Our staff is recommending the appointment of Assistant Police Chief Chris Perkins to the Aggieland Humane Society Board effective immediately. Summary: The Aggieland Humane Society Board of Directors by-laws require City Council appointment of two City representatives as outlines below. Section 5.02. The Board of Directors shall consist of fifteen (15) voting members whose nomination and approval shall be conducted in the following manner: 1.Six directors shall be appointed as follows: Two members appointed by the City Council of the City of College Station who may be a citizen, employee, officer, or elected official of the City of College Station. This appointment will be automatically removed from the Board of Directors with the position suspended and left vacant if the entity is not contracted with the Aggieland Humane Society, Inc. for animal housing services. 2.Due to the recent retirement of Assistant Police Chief Brandy Norris, we recommend the appointment of Assistant Chief Chris Perkins to fill the vacant board position. This appointment should be effective immediately. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 127 of 162 March 11, 2021 Item No. 3.13. Community Development Minor Repair Guideline Revisions Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a revision to Community Development Minor Repair Guidelines to provide greater flexibility in addressing housing repairs that address the health and safety of the home owner. Relationship to Strategic Goals: Neighborhood Integrity Core Services and Infrastructure Recommendation(s): Staff recommends approval of revisions to the Community Development Minor Repair Program. Summary: The current Minor Repair Program provides a grant of up to $7,500 in Community Development Block Grant funds for repairs to owner-occupied homes. The repairs are emergency and/or necessary to address specific health and safety concerns of homeowners. The grant is intended to preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to qualified low-to-moderate income households. The applicants receiving assistance will also be provided with information on proactively managing the maintenance of their home following repair. Due to increases in costs, staff recommends revising the guidelines to provide the ability for the Director to approve repairs that exceed the $7,500 limit to achieve the objectives of the program. Budget & Financial Summary: Funds for Minor Repair available in the Community Development budget. Reviewed & Approved by Legal: No Attachments: 1.Attachment - DRAFT Minor Repair Program Guidelines Redlined Revisions Page 128 of 162 1 CITY OF COLLEGE STATION MINOR HOME REPAIR PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the requirements contained in 24 CFR Part 570 (Community Development Block Grant Program) and/or 24 CFR Part 92 (Home Investment Partnership Program) will be followed. A.STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station has established a Minor Home Repair Program (MHRP) funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG). Additionally, the City may utilize other appropriate local, state, or federal resources that may become available. The MHRP is designed to provide the financial assistance necessary to accomplish minor repair of eligible, qualified, owner-occupied dwellings. The City’s Community Development staff will assist homeowners in planning, implementing, and managing the process to repair substandard features of their dwellings. In addition, the City seeks to impede the acceleration of slum and blighting influences through this activity, as well as preserve and enhance neighborhood quality and integrity. Depending upon applicant eligibility and costs of the particular project, assistance may be available to applicants under the provisions of 24 CFR § 570.202, Eligible Rehabilitation and Preservation Activities. Eligible project activities will comply with program requirements published in the U.S. Code of Federal Regulations (CFR), as it may be modified over time. The basic goals of this program are: To provide emergency and/or necessary repairs to address specific health and safety concerns of homeowners. To preserve and enhance the supply of affordable, decent, safe, and sanitary housing available to qualified low-income households. To provide applicants information on proactively managing the maintenance of their homes following repair. Technical and financial assistance is available to low-income, owner-occupant homeowners requiring minor repair to alleviate health/safety issues or address other necessary repairs as determined by program staff and/or other qualified City staff. This program is available on a city-wide basis and is limited to only those properties located within the municipal boundaries of the city. Properties that lie partially within the city limits may be considered on a case-by-case basis. Page 129 of 162 2 The MHRP financial assistance shall be managed as follows: Program staff will assist qualified and approved applicants to make essential repairs to their homes by requiring the applicant to enter into a minor repair assistance agreement with the City. The agreement will allow the use of program funds for the cost of repairs and associated program delivery costs of the project. The agreement must be approved and executed prior to the commencement of any rehabilitation activities. Because this program is designed to address conditions of immediate need, assistance is provided in the form of a grant of up to $7,500. At his/her sole discretion, the Community Services Department Director may allow the assistance amount to exceed $7,500 in order to achieve the objectives of the program. B.DESIGNATED AUTHORITY Administrative authority for implementation of this program will rest with the City Manager’s Office or its designee. The Community Development office will serve as the designated office for approval of contractual agreements and budget changes as needed to accomplish project completion, in accordance with Council-approved procedures. The Director of Community Services (Director) will be responsible for authorizing the amount of assistance to be made available to the project, up to $7,500 or a greater amount with approval of the Community Services Department Director, in accordance with the implementing procedures. This determination will be based upon the evaluations of the cost to be incurred by providing the housing assistance and upon the demonstrated needs of eligible applicants. The Director will also be responsible for approval of applicant eligibility for this program and final approval of selection of applicants to be assisted. This will be based upon relative need of applicants for the specific housing assistance sought. C.PROGRAM IMPLEMENTATION PROCESS Steps in implementing the program will be as follows: The Community Development office (CD office) will create and maintain applications for all housing assistance programs. All applicants shall submit a completed application to the CD office and await an evaluation of eligibility by the appropriate staff member(s). For this particular Program, applicants are required to hold majority title interest to an improved property within the corporate limits of College Station, which is their permanent place of residence, prior to submitting an application. Program staff will evaluate all applications for eligibility and prioritize the processing of applications based upon completeness and accuracy of information/documentation and Page 130 of 162 3 demonstrated housing need. Program staff will process applications as expeditiously as possible, considering funding limitations and other staff responsibilities as assigned. Applicants will be notified by phone if they are eligible for participation in the program. If the applicants are not eligible, they will be notified in writing with an explanation of why they do not qualify. Non-qualification issues may include (but are not limited to) income, assets, deed restrictions, title concerns, and/or environmental concerns. Program staff will meet with the applicant(s) to explain the basic goals and objectives of the program and further assess the needs of the applicant’s household that will occupy the dwelling once completed. After the household needs are fully assessed, staff will review the project site to determine any additional repair needs of the home in order to fully realize a decent, safe and sanitary unit. Applicant(s) will be involved in several meetings with program staff to ensure proper steps are followed in the repair process of their homes. Repair work shall be done in accordance with the City’s prepared scope of work and in accordance with City purchasing policies. Program staff will obtain all required close-out documents at project completion. D.APPLICANT ELIGIBILITY CRITERIA Eligible applicants of this Program must meet the following qualifications: 1.Income: An applicant must have a gross income of 80 percent or less than the College Station/Bryan area median income as reported by HUD. Income will be determined by the provisions of 24 CFR § 92.203 (Income determinations) and 24 CFR § 5.609 (Annual income). 2.Assets: Applicants will not be eligible for this program if, upon application, they have assets exceeding $20,000 on hand. Retirement funds in IRS-recognized retirement accounts are excluded. 3.Principal Residence and Homestead: Applicants will be required to certify that they intend to occupy the repaired dwelling as their principal residence upon project completion. 4.Employment History: Applicants must have an employment history in the same job, or in the case of professional, salaried employees (as defined in 29 CFR § 541 meeting any of the requirements in Subparts B, C, D, E, or F), in the same field of employment, for a minimum of two (2) months. Page 131 of 162 4 5.Citizenship: In order to receive program assistance, applicants must be United States Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified alien status will be verified by the Citizenship and Immigration Services division of the U.S. Department of Homeland Security. E.ELIGIBILE PROPERTY CRITERIA Property eligible for Program assistance is subject to the requirements of 24 CFR § 570.202 and as follows: 1.Location: The Program will be implemented on a city-wide basis within the corporate limits of the City of College Station. Properties that lie partially within the corporate limits will be considered on a case-by-case basis. However, program preference will rest with properties wholly in the City. 2.Property Type: Eligible properties must be improved, single-family residential lots, which are: a.The principal residence of the applicant, and b.Needing minor repairs but structurally sound, and c.Have all utility service connections available to the property. 3.Title: The applicant household must hold majority title to the property. An existing mortgage will not prohibit participation in the program. 4.All eligible properties, following rehabilitation, shall not exceed 95% of the maximum amount insurable under Section 203(b) of the National Housing Act (FHA lending limit) for the College Station/Bryan area. 5.Manufactured Housing: Manufactured housing units are not eligible for program assistance unless: a.The property on which the manufactured home sits is owned by the applicant; and b.The property is properly zoned; and c.The applicant has resided in the home and on that site for not less than two years prior to the application date. 6.Property Taxes: all property taxes must be current. With approval from the Community Services Department Director, properties with tax deferral for tax payers 65 years of age or older under the Texas Tax Code, Section 33.06 will be acceptable. Page 132 of 162 5 F.FEASIBILITY OF MINOR REPAIR Minor home repair projects eligible for this program include: 1.Addressing health/safety issues a.Replacement of an air conditioning/heating systems b.Replacement of a water heater system c.Water/sewer/gas line breaks d.Electrical system failures e.Ordinance Compliance f.Other minor repairs necessary to ensure safe living conditions 2.Exterior home repairs/structural integrity issues a.Minor weatherization b.Roofing repair or replacement c.Minor gutter installation d.Walkway repair or replacement e.Siding or exterior trim repair G.SELECTION OF RECIPIENTS FOR ASSISTANCE 1.Recipients for assistance of this program will be taken from the applications of eligible homeowners residing in structures in need of minor repair determined to be structurally sound by program staff. 2.The number of recipients to receive assistance will be subject to general availability of funds. 3.Community Development staff will evaluate all applications all applications of eligible homeowners whose structures are determined to be feasible to rehabilitate. Based upon this evaluation, a recommendation will be made to the Director as to the order of applicants to be assisted. Generally, those in the most imminent danger to personal health or safety will be extended priority under the program. 4.Criteria to be used to make this evaluation will include the following items listed in priority order: a.Degree of threat to health and safety of occupants presented by continuance of residing in the structure. This will include evaluations factors such as availability Page 133 of 162 6 of basic services including water, sewer, electricity, and structural deficiencies of the home. b.Health and handicapping disabilities of occupants which necessitates the home to undergo handicapped accessible construction because of the owner’s existing situation. c.Time and date that all application requirements are met. d.Time and date of application. H.FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES Minor home repair assistance shall be in the form of a grant, through federal CDBG funds. The allowable budget authority for minor repair assistance shall not exceed Seven Thousand Five Hundred and No/100 Dollars ($7,500) per applicant for eligible project costs. At his/her sole discretion, the Community Services Department Director may allow the assistance amount to exceed $7,500 in order to achieve the objectives of the program. Homeowners are limited to one (1) minor repair project every twenty four (24) months. At his/her sole discretion, the Community Services Department Director may allow subsequent minor repair projects to occur sooner to accomplish other City or program objectives, or upon significant demonstration of extraordinary circumstances. I.MINOR REPAIR AGREEMENT Each applicant assisted through this program will sign a Minor Home Repair Agreement with the City which defines the overall terms and conditions of the City providing the MHRP assistance. Other construction documents will be required to be executed by the applicant during the repair assistance process. J.FINAL INSPECTION The City of College Station will be responsible for final inspection of all housing units made available through the program to determine that the unit meets all City of College Station and HUD requirements. Page 134 of 162 March 11, 2021 Item No. 3.14. Repealing Ordinance No. 2020-4197 regarding face coverings for commercial entities Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance repealing Ordinance No. 2020-4197 regarding face coverings for commercial entities. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends 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 SARSCoV2, (COVID-19). Council adopted an extension to this declaration March 23, 2020, and it has been renewed by Mayor and Council alike in the subsequent months. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face coverings for commercial entities until July 10, 2020; the Council consented to and approved the Third Mayoral Order on July 9, 2020, which has remained in effect through today. On March 2, 2021, Texas Governor Greg Abbott issued Executive Order GA-34, which provided that while individuals are strongly encouraged to wear face coverings over the nose and mouth wherever it is not feasible to maintain six feet of social distancing from another person not in the same household, no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering. This goes into effect at 12:01 a.m. on March 10, 2021. In order to not be in conflict with GA-34, staff recommend that Council repeal Ordinance No. 2020-4197. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Face Mask Ordinance 2020-4197 Repeal 3-11-21 Page 135 of 162 ORDINANCE NO. _____ AN ORDINANCE REPEALING ORDINANCE NO. 2020-4197 REGARDING AN ORDINANCE MANDATING FACE COVERINGS FOR COMMERCIAL ENTITIES, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTED ON JULY 9, 2020, BY REPEALING THE ENTIRE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Ordinance No. 2020-4197 mandating face coverings for commercial entities of the Code of Ordinances of the City of College Station, Texas, adopted on July 9, 2020 be immediately repealed and terminated in its entirety as set out in Part 2 of Ordinance No. 2020-4197. 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. PASSED, ADOPTED and APPROVED this 11th day of March, 2020 ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 136 of 162 March 11, 2021 Item No. 3.15. Resolution to Recognize Texas A&M's Lead by Example Campaign Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a resolution recognizing Texas A&M University and their Lead by Example campaign, which raised $4.25 billion in the state’s largest higher education campaign. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend that Council adopt the resolution. Summary: This resolution affirms the substantial contributions that Texas A&M University and the Texas A&M University System provide to the College Station community and recognizes the significant achievements of their Lead by Example campaign. The fundraising campaign began on January 1, 2012, and continued through December 31, 2020. Texas A&M partners including the Texas A&M Foundation, The Association of Former Students, the 12th Man Foundation, the George & Barbara Bush Foundation, and the Texas Aggie Corps of Cadets Association all contributed to the effort, raising a total of $4.25 billion. This historic accomplishment serves as the largest higher education campaign by a public university in Texas and one of the largest nationally. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Resolution-Lead by Example Page 137 of 162 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RECOGNIZING TEXAS A&M UNIVERSITY’S LEAD BY EXAMPLE CAMPAIGN IN RAISING $4.25 BILLION DOLLARS, BECOMING THE FIRST UNIVERSITY IN THE STATE TO REACH SUCH A MILESTONE. WHEREAS, in January 2012, Texas A&M University and its affiliate organizations, including the Texas A&M Foundation, Association of Former Students, Texas Aggie Corps of Cadets Association, the 12th Man Foundation, and the George Bush Presidential Library Foundation embarked on its “Lead By Example Campaign” to fund substantive initiatives benefitting students, faculty and staff; and WHEREAS, this historic campaign ended on Dec. 31, 2020, exceeding its fundraising goal, making Texas A&M the first university in state history to achieve such a goal, with more than 903,600 gifts given towards this campaign; and WHEREAS, such investments from the campaign included 4,500 new student scholarships, more than 500 new faculty chairs and professorships, 3,364 new endowments for scholarships, fellowships and student programs, including the Veterans Resource and Support Center; and WHEREAS, other important investments included construction of buildings such as the Zachry Engineering Education Complex, Music Activity Center, Gardens on West Campus, the redevelopment of Kyle Field and the Corps of Cadets Quad living-learning environment; and WHEREAS, campaign officials noted former students went above and beyond with 64% of the donations coming from former students and 36% from non-alumni and public and private donations; and WHEREAS, the Aggie Network far and wide came together to support this ambitious campaign to ensure that Texas A&M will continue to solve global issues; and WHEREAS, the City Council of the City of College Station celebrates this exceptional accomplishment and commends Texas A&M and its affiliate organizations for exceeding campaign goals that further its mission to be a leading world-class institution of higher education; 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 this Resolution are declared true and correct. PART 2:That the City Council hereby commemorates Texas A&M’s historic $4.25 Billion Dollar Lead By Example Campaign. PART 3:That the City Council hereby formally acknowledges this great achievement and the resulting current and future benefits as set forth in this Resolution. Page 138 of 162 PART 4:That this Resolution shall take effect immediately from and after its passage. ADOPTED this 11th day of March, 2021. ATTEST:APPROVED: _______________________________________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney Page 139 of 162 March 11, 2021 Item No. 4.1. Facilities Maintenance CMAR Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a construction manager at risk contract with Jacody Construction, LP for the construction of the new facilities maintenance shop and resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The city is constructing an approximately 7,500 square foot building and shop for the facilities maintenance division which is currently located at 1207 Texas Avenue. The proposed building will be located behind the current municipal court building located at 300 Krenek Tap Rd. Staff has determined that a construction manager at risk procurement method is the most beneficial for this project. This city issued RFP 21-018 and received four submittals. The submittals were evaluated by a staff committee made up of stakeholders and Jacody Construction, LP was chosen. The construction budget for this project is $1,500,000. The proposed construction manager at risk fee is 5% of the construction cost. Once design is further along, the contractor will submit a guaranteed maximum price (GMP) for council consideration and approval. Budget & Financial Summary: Budget in the amount of $1,700,000 is currently appropriated for this project in the Facilities and Technology Capital Improvement Projects Fund. A total of $145,471 has been expended or committed to date, leaving a balance of $1,554,529 for this contract and remaining project expenses. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this project because all of the long term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued at a later date. Reviewed & Approved by Legal: No Attachments: 1.Facility Maintenance Building 2021-01-07 Page 140 of 162 2.GG2000 DRR - Signed Page 141 of 162 Proposed Site Location City of College Station Facility Maintenance Building 21001 January 7, 2021 Scale: 1:200 1N Plan North Proposed Site 7500 sf Building PRELIMINARY Interim review only. Document is not complete and may not be used for regulatory approval, permit, or construction. Architect: Michael S. Record. Registration No: 14376 Date: The Arkitex Studio, Inc. 308 N. Bryan Ave., Bryan, TX 77803 www.arkitex.com P (979)821-2635 F (979)775-8224 1/7/21 Page 142 of 162 Proposed Site Plan City of College Station Facility Maintenance Building 21001 January 7, 2021 Scale: 1:30 1 Proposed 7,500 sf building 50' x 150'3 drive thru baysLaydown yard N Plan North Proposed parking 18 spaces PRELIMINARY Interim review only. Document is not complete and may not be used for regulatory approval, permit, or construction. Architect: Michael S. Record. Registration No: 14376 Date: The Arkitex Studio, Inc. 308 N. Bryan Ave., Bryan, TX 77803 www.arkitex.com P (979)821-2635 F (979)775-8224 1/7/21 Page 143 of 162 RESOLUTION NO. _________________ RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $2,174,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 11th DAY OF March, 2021. _______________________________ Karl Mooney, Mayor ATTEST: _________________________________ Tanya Smith, City Secretary (Seal) Page 144 of 162 Page 145 of 162 Exhibit "A" The projects to be financed that are the subject of this Statement are: Facilities Maintenance Relocation ($2,174,000) The City of College Station is constructing an approximately 7,500 square foot building and shop for the Facilities Maintenance division which is currently located at 1207 Texas Avenue. The proposed building will be located behind the current municipal court building located at 300 Krenek Tap Rd. The project was previously titled “Future Departmental Relocation” in the City of College Station’s FY21 Approved Budget. Page 146 of 162 March 11, 2021 Item No. 4.2. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor:Jeff Capps, Deputy 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 SARSCoV2, (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 147 of 162 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 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. 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. Page 148 of 162 Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.March 11 Disaster Declaration Renewal Ordinance Page 149 of 162 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 23, 2020, 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 150 of 162 Ordinance No Page 2 of 5 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 151 of 162 Ordinance No Page 3 of 5 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, 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, November 20, 2020 and December 7, 2020 and WHEREAS; on January 14, 2021, the College Station City Council consented with Ordinance 2020-4239 to the January 8, 2021, Disaster Declaration Renewal; and WHEREAS; on February 8, 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, November 20, 2020, December 7, 2020, and January 8, 2021 and WHEREAS; on February 11, 2021, the College Station City Council consented with Ordinance 2020-4240 to the February 8, 2021, Disaster Declaration Renewal; and WHEREAS; on March 8, 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, November 20, 2020, December 7, 2020, January 8, 202, and February 8, 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 Page 152 of 162 Ordinance No Page 4 of 5 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 March 8, 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 11th day of March, 2021. PASSED AND ADOPTED, this 11th day of March, 2021. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 153 of 162 Ordinance No Page 5 of 5 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON MARCH 8, 2020 Page 154 of 162 DECLARATION OF DISASTER RENEWAL 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 23, 2020, 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 155 of 162 Disaster Declaration Renewal Page 2 of 4 COVID-19 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 July 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 August 21, 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 156 of 162 Disaster Declaration Renewal Page 3 of 4 COVID-19 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, and 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 December 7, 2020, Disaster Declaration Renewal; and WHEREAS; on January 8, 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, November 20, 2020 and December 7, 2020 and WHEREAS; on January 14, 2021, the College Station City Council consented with Ordinance 2020-4239 to the January 8, 2021, Disaster Declaration Renewal; and WHEREAS; on February 8, 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, November 20, 2020, December 7, 2020, and January 8, 2021 and WHEREAS; on February 11, 2021, the College Station City Council consented with Ordinance 2020-4240 to the February 8, 2021, Disaster Declaration Renewal; 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 Page 157 of 162 Disaster Declaration Renewal Page 4 of 4 COVID-19 NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEGE STATION: 1. Pursuant to §418.014 of the Texas Government Code the state of disaster is hereby renewed as 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 are renewed, until terminated by the College Station City Council. 2. Pursuant to §418.108(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration, unless continued or renewed by the City Council of College Station. 3. Pursuant to §418.108(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. That this proclamation shall take effect on March 8, 2021. DECLARED this 8th day of March, 2021. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 158 of 162 March 11, 2021 Item No. 4.3. BioCorridor Board Appointments Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the appointment of Planning & Zoning Commission representatives to the BioCorridor Board. Relationship to Strategic Goals: Good Governance Recommendation(s): The Planning and Zoning Commission considered this item at their March 4, 2021, regular meeting. The Commission’s voted unanimously to recommend Jeremy Osborne and Joe Guerra to be the two Planning and Zoning representatives to the BioCorridor Board. Summary: The zoning and development ordinance for the BioCorridor Planned Development District establishes a BioCorridor Board. The Board is comprised of representatives from the City of College Station, the City of Bryan, and the Texas A&M University System that are able to make subjective decisions and/or recommendations regarding appeals and waivers to District standards. The ordinance calls for the City Council to appoint three representatives from the City of College Station to the Board, including: One City Council member and Two Planning and Zoning Commissioners. Terms are for two years, or until a member is no longer serving on the Commission or City Council. Board members may be re-appointed. Former Commissioner Elizabeth Cunha and Commissioner Jeremy Osborne have expired/expiring terms on the Board. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Article 4 - BioCorridor Board Ordinance Page 159 of 162 ARTICLE 4. BIOCORRIDOR BOARD Section 4.1 Creation ARTICLE 4. BIOCORRIDOR BOARD 4.1 Creation. A BioCorridor Board is hereby created for the purpose of enhancing the community’s ability to consistently review subdivision, building, and site design issues of the unique, multi- jurisdictional BioCorridor Planned Development District. The BioCorridor Board shall bring governing expertise from each City and a representative of Texas A&M University to bear on these issues within the BioCorridor area. 4.2 Membership and Terms. A. Number, Appointment. A BioCorridor Board is hereby created to consist of seven (7) members as follows: 1.Appointment of three (3) members shall be made by the College Station City Council. Two (2) of these appointments shall be members of the City of College Station’s Planning and Zoning Commission. One (1) appointment shall be a member of the College Station City Council. 2.Appointment of three (3) members shall be made by the Bryan City Council. Two (2) of these appointments shall be members of the City of Bryan’s Planning and Zoning Commission. One (1) appointment shall be a member of the Bryan City Council. 3.Appointment of one (1) member shall be made by the Chancellor of the Texas A&M University System or his designee. This appointment shall be an employee of the Texas A&M University System. B. Terms. 1.Terms of members of the BioCorridor Board shall be for two (2) years or until their successors are appointed. 2.Should a BioCorridor Board member no longer qualify for his or her position, that member’s term shall be ended immediately upon such qualifying event. For example, if an appointed Planning and Zoning Commissioner is no longer a Commissioner for the City. C. Vacancies. Vacancies shall be filled by the governing entity/person responsible for the appointment. 4.3 Officers, Meetings, Quorum. A. Officers. A Chairperson and a Vice-Chairperson shall be selected every two years from among its members. The Chairperson and Vice-Chairperson shall be municipal representatives and shall not be appointees from the same municipality. The Vice-Chairperson may act as Chairperson when the Chairperson is not available. B. Meetings. Members of the BioCorridor Board shall meet as needed and the Chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public. The BioCorridor Board shall comply with the Open Meetings Act. C. Quorum. Four (4) members shall constitute a quorum for the transaction of any business. Any recommendations advanced to a different regulatory entity without a majority of positive votes from those members present shall be deemed a negative recommendation. Page 160 of 162 ARTICLE 4. BIOCORRIDOR BOARD Section 4.3 Officers, Meetings, Quorum D. Rules of Proceeding. The BioCorridor Board may adopt its own rules of procedure consistent with this Ordinance. E. Minutes. The BioCorridor Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services office of the City of Bryan and shall be a public record. A copy of all such records shall be delivered to the Planning and Development Services office of the City of College Station by the City of Bryan within ten (10) working days of filing. 4.4 Powers and Duties. The BioCorridor Board shall have the following powers and duties: A. Recommendations. 1.The BioCorridor Board shall review and make recommendations to City Staff of College Station and Bryan regarding improvements in the public realm that further the aesthetics, identity, and access to and within the BioCorridor Planned Development District. 2.The BioCorridor Board shall review and make recommendations to the City’s Planning and Zoning Commission regarding Waivers of the standards in the Subdivision Design and Improvements article of the BioCorridor Planned Development District ordinance. B. Final Action. The BioCorridor Board shall hear and take final action on the following: 1.Special District Identification Signs as set forth in the BioCorridor Planned Development District ordinance; 2.Temporary signs promoting positive communications as set forth in the BioCorridor Planned Development District ordinance; 3.Works of art and their locations when located in public right-of-way or other public area as set forth in the BioCorridor Planned Development District ordinance; 4.Appeal of the BioCorridor Review Committee’s determination regarding applicability of plat requirements; 5.Appeal of the BioCorridor Review Committee’s denial of a site plan as set forth in the Site Plan Review section of the BioCorridor Planned Development District ordinance; 6.Waivers to the dimensional requirements and number of parking spaces required in the Off-Street Parking Requirements section of the BioCorridor Planned Development District ordinance; 7.Appeal of the BioCorridor Review Committee’s denial of an alternative parking plan; 8.Alternative Highway Buffers Standards as allowed in the BioCorridor Planned Development District ordinance; and 9.Appeal of the terms of the Highway Buffer Standards as set forth in the BioCorridor Planned Development District ordinance. 4.5 Staff. The City of College Station and the City of Bryan shall provide staff support, as needed, to the BioCorridor Board. A. BioCorridor Review Committee. The BioCorridor Review Committee will provide background information and recommendations to the Board as set forth in the BioCorridor Planned Development District ordinance. Page 161 of 162 ARTICLE 4. BIOCORRIDOR BOARD Section 4.3 Officers, Meetings, Quorum B. Administrative Support. The City of College Station and/or the City of Bryan shall provide administrative support functions for each meeting, such as agenda posting and the filing of minutes. C. Planning Representative. Where ministerial acts have not been completed, the City’s planning representative shall ensure that the changes to plats and/or plans are completed as approved by the BioCorridor Board. Page 162 of 162