R-10-07-22-10D5 - 7/22/2010RESOLUTION NO. R -10-07-22-10D5
WHEREAS, the City Council of the City of Round Rock, Texas has previously determined
that it is in the best interest of the citizens of the City to construct an extension of Creek Bend
Boulevard from Creek Bend Circle to Wyoming Springs Drive (the "Project"); and
WHEREAS, the Project was approved by voters in the 2001 General Obligation Bond
election; and
WHEREAS, the City made applications to the Texas Department of Transportation
("TxDOT") and to the Capital Area Metropolitan Planning Organization ("CAMPO") for federal
funding for a portion of the Project; and
WHEREAS, on June 12, 2006, CAMPO approved the allocation of $1,500,000 in federal
funds for the Project; and
WHEREAS, on April 26, 2007, this Council adopted a resolution authorizing the Mayor to
execute a Local Transportation Project Advance Funding Agreement for the federal funding of the
Project; and
WHEREAS, the City Council has now determined that the use of federal funds for the Project
will delay the Project by at least two years, impacting the public health, safety, and welfare as well as
increasing the probability that the ultimate cost of the Project will dramatically increase over the
current construction estimates; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
The City Council hereby determines that it is in the best interest of the City to construct the
Project without federal funding; and
BE IT FURTHER RESOLVED THAT
The Mayor and/or City Manager is authorized to take appropriate actions and to execute any
and all appropriate documents to remove all federal funding from this Project.
O:Awdox\SCCInts\O112\1005\MUNICIPAL\00197378.DOC/sls
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 22nd day of July, 2010.
ATTEST:
SARA L. WHITE, City Secretary
a,nA-.-
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City Council Agenda Summary Sheet
Agenda Item No. 10D5.
Consider a resolution approving the removal of all federal funding from the construction
Agenda Caption: of the Creek Bend Boulevard Project.
Meeting Date: July 22, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief of Public Works Operations
Item Summary:
The Capital Area Metropolitan Planning Organization (CAMPO) competitively awarded the City $1,500,000 for
construction of the Creek Bend Boulevard Extension Project. Due to administrative procedures between the Texas
Department of Transportation (TxDOT) and the U.S. Fish and Wildlife Service and federal limitations on the dollar
amount of projects bid annually (letting cap), the project will be delayed at least two (2) years impacting the public
health, safety and welfare, as well as increasing the probability that the final cost of the project will significantly
increase over the current construction estimate.
Removing the federal funding from the project will speed up the project and reduce the number of applicable
federal statutes; however the City will be required to comply with all federal, state and local statutes that apply to a
locally funded project. Construction of the extension could start as early as July 2012.
The extension of Creek Bend includes construction of a 4 -lane divided arterial roadway with curb and gutter, a
bridge over Brushy Creek, bicycle/pedestrian facilities within the right-of-way, drainage and adjustments to utilities.
This roadway extension will provide a new north -south crossing of Brushy Creek west of IH 35, which will improve
mobility, add travel capacity, improve safety by providing an all-weather crossing of Brushy Creek between IH 35 and
Parmer Lane and improve emergency response times. The project limits are Creek Bend Circle to Wyoming Springs
Drive.
Strategic Plan Relevance:
Priority Goal 26.0 — Construct major elements of the transportation and mobility system as approved by Council in
the Master Transportation Plan.
Cost: - $1,500,000
Source of Funds: 2002, 2004 and 2007 General Obligation Bonds and Federal Funds
Date of Public Hearing (if required): N/A
Recommended Action: Construct the Creek Bend Boulevard Project without federal funds.
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ #0914-05-150
District # 14
Code Chart 64 #36750
Creek Bend Blvd Extension
CFDA 20.205
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
ORIGI
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
Transportation, hereinafter called the State, and the City of Round Rock, acting by and through its duly authorized officials,
hereinafter called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on June 7, 2007, to effectuate their agreement to
construct the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive in Round Rock; and,
WHEREAS, the Local Government opted to not pursue the federal funding of the project;
WHEREAS, as a result of the lack of federal funding, the Local Government has requested to terminate the Agreement;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
In accordance with Article 4 of the original Advance Funding Agreement, the original contract will terminate effective when
signed by the last party whose signing makes this amendment fully executed and after an audit of the project costs is
completed and funds are paid by the owing party.
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT
By:
City of Round Rock
Name of Local Government
Signature
Alan McGraw
Printed Name
Mayor
City of Round Rock
Title
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Page 1 of 1
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out the orders,
established policies or work programs
heretofore approved and authorized by the
Texas Transportation Commission.
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Byt �oa rtF e.4.
Janie Mullenix
Director of Contract Services
General Services Division
Title
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