CS City Council Place 5 - Data Center Update

100,342 Views | 931 Replies | Last: 5 days ago by Koko Chingo
maroon barchetta
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Hornbeck said:

Call me crazy, but the mayor throwing shade at Yancy for breaking the news to us a day early, saying "that's between him and the lawyers" on KBTX, while overlooking this is 100% the problem.

I hope this doesn't get swept under the rug like the crap with Macy's


Of course it will.
2020
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I may have missed it but this video was posted two days ago by Business Insider. To say we dodged a massive bullet would be an understatement. They touch on the NDA issue as well and how the cities involved basically refuse to provide ANY info to affected residents "BECAUSE WE SIGNED AN NDA!"

Sound scarily familiar?

Stucco
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In no way does an NDA exempt a city from the Texas Open Meetings Act.
Hornbeck
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AG
But, the city can do everything possible to keep people in the dark, like posting that agenda after 4 pm the Friday before.
txgardengirl
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Every council agenda is posted one week before (normally Friday before the following Thursday meeting)

All open meetings postings have a timeline to follow per state municipal guidelines
EliteElectric
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to summarize-
Data centers are noisy, environmentally unfriendly, unhealthy to citizens and generally bad neighbors, so much so that the developers of these have to use the element of surprise to sneak one in on a community. Our city staff, knowing this, readily acquiesced and attempted to assist them in sneaking it by us.

Nothing short of removing staff members who assisted in this is acceptable.

Can we do an open records request for that? I'd like to know who signed the NDA and whom on staff and/or council recommended we sign it.
tu ag
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AG
  • Huge amounts of water and electricity. Which we don't have.
  • Negative impacts on quality of life for existing residents.
  • Few permanent jobs.
  • Possible the tech is obsolete in a generation.
  • Deal done in secret and kept from public.
  • Divergent from plan for the area.
How did this make it so far?
Money + bad leadership.
tu ag
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AG
We had the same idea about how big a mess this is.
Stucco
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EliteElectric said:

to summarize-
Data centers are noisy, environmentally unfriendly, unhealthy to citizens and generally bad neighbors, so much so that the developers of these have to use the element of surprise to sneak one in on a community. Our city staff, knowing this, readily acquiesced and attempted to assist them in sneaking it by us.

Nothing short of removing staff members who assisted in this is acceptable.

Can we do an open records request for that? I'd like to know who signed the NDA and whom on staff and/or council recommended we sign it.

I'm quite sure it has been submitted.
Although the city is not required to create records that do not exist.
Pertinent records here include but are not limited to communications, agendas, votes, contracts, etc.
Chrundle the Great
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AG
I'm curious if there have been any requests in the last 10 months this should've been included in, but either the AG or staff determined they couldn't because of the NDA.

How specific on the Macy's negotiations were we?
Omperlodge
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I think there has to be an open meetings violation in this matter. They can discuss stuff in executive session but they have to disclose the matter and any action taken. It can be vague like met in executive session to discuss the offer for sale on the following tract and approve the signing of an nda. They can't do it completely in secret if it is a city council approved action.
Hornbeck
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AG
I said this when addressing them.

Texas Open Meetings Act does not create a blanket prohibition from sharing details on a real estate transaction with the public. It permits the city to do it.

So, they could have let people know.

The city chose not to. The mayor said they were prohibited. My reading of the Act, and AI analysis says that is incorrect. Was this incorrect on purpose?

This whole episode smacks of "we know better than you".
Valen
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AG
Not sure if anyone knows this, but the new council people weren't even sworn in until November 14th.
EliteElectric
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I said this a year or so ago in one of the Macy's threads -

If we all vote to go over the falls in a barrel, we get what we get. However, if we aren't allowed to vote, then are forced over the falls, there will be H-E-Double Hockey Sticks to be paid. That's what motivates people to be recalled.

I firmly believe that the recall talk in the public comments Thursday might changed the vote of Mayor Wooden Nickles and councilman Write
Aggieland Proud
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AG
When can I sign a recall petition? I'm ready!!!
Richleau12
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Time for CS to demand that land be re-zoned to allow for small businesses, restaurants, commerce to come into that stretch of land. There's zero reason that land should be cordoned off for 25 freaking years as "light manufacturing" or whatever the hell they have zoned it as, preventing the ability for businesses to build in between two very large and very affluent neighborhoods.
Tailgate88
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AG
100% agree. There are plenty of places in BCS for industrial / manufacturing. It would be completely out of place in that location.
Richleau12
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The culture of the city of college station seems blatantly anti-commerce. Can anyone give me a good idea as to why a city would buy a huge portion of land to do nothing with it? This is in some ways worse than the Macy's deal. A massive amount of expansion to the south end of college station has been stalled for 25 years. An expansion that could greatly increase quality of life, tax base, and jobs to the city, for what? A potential brokered in secret deal to pad the coffers and add 45 jobs? A potentiality that took 25 freaking years to obtain. The city manager is quite literally stopping the ability for college station to grow if they themselves can not dictate the outcome. This type of narcissism and culture must be rooted out or the city will continue to languish with piss poor leadership. Contact the council, demand this land be re-zoned, finish the roads connecting midtown to pebble creek, encourage growth, create jobs, increase the tax base, why is this such a difficult concept to these people?
Hornbeck
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AG
EliteElectric said:

to summarize-
Data centers are noisy, environmentally unfriendly, unhealthy to citizens and generally bad neighbors, so much so that the developers of these have to use the element of surprise to sneak one in on a community. Our city staff, knowing this, readily acquiesced and attempted to assist them in sneaking it by us.

Nothing short of removing staff members who assisted in this is acceptable.

Can we do an open records request for that? I'd like to know who signed the NDA and whom on staff and/or council recommended we sign it.

I already made a recommendation on this.

Get an Open Records request for - Any and all correspondence related to the Priority Power project between any and all of the following and the following folks -

Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Jeff Kersten, Assistant City Manager
Jennifer Prochazka, Assistant City Manager
Michael Ostrowski, Chief Development Officer
Brian Piscacek, Assistant Director of Economic Development
Celia Hernandez, Executive Assistant to the City Manager
Mayor John Nichols
Councilman Place 1, Mark Smith
Councilman Place 2, William Wright
Councilman Place 3, David White
Councilwoman Place 4, Melissa McIlheney
Councilman Place 5, Bob Yancy
Councilman Place 6, Scott Shafer

Former Councilman Dennis Maloney
Former Councilwoman Elizabeth Cunha
Former Councilwoman Linda Harvell
(did these three by memory, I might be wrong... help me out Ags)

Dates January 1, 2024 - September 15, 2025

Now, that's a lot of records, and is liable to be spendy. I'm willing to throw in some $$$ on that project.

dubi
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AG
If you get it electronically, it should not be too spendy.

However if they don't want you to have it, they may come up with a crazy quote.
Tailgate88
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AG
College Station Midtown small area plan in the works

https://www.kbtx.com/2025/09/16/college-station-midtown-small-area-plan-works/
Richleau12
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Tailgate88 said:

College Station Midtown small area plan in the works

https://www.kbtx.com/2025/09/16/college-station-midtown-small-area-plan-works/

Sounds like they are listening. All those zoned acres of "light manufacturing" might actually get to open up, a road built behind and filled in with businesses, restaurants, etc. Very exciting use and I'm glad they are starting the wheels moving in that direction. Be vocal y'all. It has a major impact for the future of your city.
hopeandrealchange
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Richleau12 said:

Tailgate88 said:

College Station Midtown small area plan in the works

https://www.kbtx.com/2025/09/16/college-station-midtown-small-area-plan-works/

Sounds like they are listening. All those zoned acres of "light manufacturing" might actually get to open up, a road built behind and filled in with businesses, restaurants, etc. Very exciting use and I'm glad they are starting the wheels moving in that direction. Be vocal y'all. It has a major impact for the future of your city.


Be vocal and vote.
The turn out for local elections is horrible. If we don't vote we get what we deserve.
MsDoubleD81
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AG
Did you make this request or just throwing the idea out there for someone else?
Hornbeck
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AG
MsDoubleD81 said:

Did you make this request or just throwing the idea out there for someone else?


Throwing the idea out there.

What the heck. I'll make the request.
lwd78
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AG
EliteElectric said:

to summarize-
Data centers are noisy, environmentally unfriendly, unhealthy to citizens and generally bad neighbors, so much so that the developers of these have to use the element of surprise to sneak one in on a community. Our city staff, knowing this, readily acquiesced and attempted to assist them in sneaking it by us.

Nothing short of removing staff members who assisted in this is acceptable.

Can we do an open records request for that? I'd like to know who signed the NDA and whom on staff and/or council recommended we sign it.

I believe the NDA was signed by ONE person, City Manager Bryan Woods. While I have not seen the NDA, I believe it's posted on Yancy's Facebook page.
Omperlodge
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In Texas, a city manager's authority to sign a non-disclosure agreement (NDA) is limited and subject to the Texas Public Information Act (PIA). While a city manager can have general contracting authority delegated by the city council, this does not override state transparency laws. An NDA that attempts to conceal public information is generally unenforceable.

Factors that impact a city manager's ability to sign an NDA
  • Public Information Act (PIA): The PIA is the most significant obstacle to a city manager signing an NDA. The law's policy states that "the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know". Information must be released upon request unless a specific exception applies.
  • Delegated authority: The city council can delegate certain contracting authority to the city manager, often for routine or budgeted items up to a specific amount. However, this delegation does not grant the manager the power to sign agreements that violate state law, including the PIA. Any such contract must first be approved by the city attorney.
  • Enforceability: An NDA is typically a contract between two parties. For a public entity like a city, an NDA is only enforceable for information that is already confidential by law. It cannot be used to create new categories of confidential information or make public records secret.
  • Use in economic development: In some cases, NDAs are used during economic development negotiations to protect a private company's proprietary information. For example, a company may want to keep its plans secret from competitors during negotiations for incentives. A city council might authorize the city manager to sign an NDA in these specific circumstances. However, the details of the incentives and the company's identity would still eventually become public before a final vote by the city council.
Key takeaways
  • The PIA is paramount: An NDA signed by a city manager cannot supersede the requirements of the Texas Public Information Act.
  • Delegation has limits: While a city council can give a city manager contract-signing authority, that power is limited by state law.
  • Context matters: The validity of an NDA depends on the type of information it covers. It can protect a company's specific proprietary data but cannot conceal official acts of the government.
  • Legal review is essential: Due to the complexity and risk of violating public transparency laws, any NDA involving a city should be reviewed by legal counsel.
Bob Yancy
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lwd78 said:

EliteElectric said:

to summarize-
Data centers are noisy, environmentally unfriendly, unhealthy to citizens and generally bad neighbors, so much so that the developers of these have to use the element of surprise to sneak one in on a community. Our city staff, knowing this, readily acquiesced and attempted to assist them in sneaking it by us.

Nothing short of removing staff members who assisted in this is acceptable.

Can we do an open records request for that? I'd like to know who signed the NDA and whom on staff and/or council recommended we sign it.

I believe the NDA was signed by ONE person, City Manager Bryan Woods. While I have not seen the NDA, I believe it's posted on Yancy's Facebook page.


Respectfully that's incorrect. No such information has been posted by me on any social media.

Respectfully,

Yancy '95
Stucco
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I am very interested to know when and how power was delegated to staff for this type of action. I didn't find any such delegation in the charter.
australopithecus robustus
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hopeandrealchange said:

Richleau12 said:

Tailgate88 said:

College Station Midtown small area plan in the works

https://www.kbtx.com/2025/09/16/college-station-midtown-small-area-plan-works/

Sounds like they are listening. All those zoned acres of "light manufacturing" might actually get to open up, a road built behind and filled in with businesses, restaurants, etc. Very exciting use and I'm glad they are starting the wheels moving in that direction. Be vocal y'all. It has a major impact for the future of your city.


Be vocal and vote.
The turn out for local elections is horrible. If we don't vote we get what we deserve.

Thissssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss!

MiMi
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S
Can anyone point to what the total voter number was for the last CS city council election? I don't remember the exact numbers, but that it was embarrassingly low.
hopeandrealchange
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MiMi said:

Can anyone point to what the total voter number was for the last CS city council election? I don't remember the exact numbers, but that it was embarrassingly low.


https://elections.brazoscountytx.gov/results/
doubledog
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[Back to the topic of the OP. If posters would like to discuss when and how elections are held please start another thread on that topic. Thank you. -Staff]
BlueMiles
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AG
This article is discussing some "growing pains" associated with the construction of a data center being built by Meta in Louisiana. It's a $10 billion dollar facility that will use three natural gas plants. I'm sure it's larger than what was planned for here. It will be interesting to follow the progress.

https://www.knoe.com/2025/09/17/rocks-ruts-reckless-driving-richland-parish-residents-push-back-meta-construction-impact/
BobAchgill
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[That is not the topic of this thread. -Staff]
 
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