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R-09-05-28-12B2 - 5/28/2009RESOLUTION NO. R -09-05-28-12B2 WHEREAS, the City of Round Rock ("City") is planning roadway improvements for the widening of Wyoming Springs Drive and the extension of Creek Bend Boulevard ("Project"), and WHEREAS, the City and Williamson County Road Bond Program wish to enter into a Letter Agreement with Williamson County Conservation Foundation for the mitigation fee associated with the Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Letter Agreement with Williamson County Conservation Foundation, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 28th day of May, 2009. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 57,14/ttit. e SARA L. WHITE, City Secretary 0:\wdox\SCCInts\0112\0905\MONICIPAL\R90521382.DOC/rmc Nit WILLIAMSON COUNTY CONSERVATION FOUNDATION Board of Directors As ofJune 1,2008 Pct. 1 Commissioner Lisa Birkman, Board President Williamson County, TX ! Pct. 3 Commissioner I Valerie Covey Board Vice President Williamson County, TX David Hays Georgetown Title ' Georgetown, TX Patty Eason Council Member City of Georgetown, TX Tony Glace Chasco Construction Leander, Texas Chuck Walker Walker Texas Surveyors, Inc. Cedar Park, TX Larry Quick Don Quick & Associates Round Rock, TX c/o Parks and Recreation 350 Discovery Blvd Ste 207 Cedar Park, TX 78613 April 27, 2009 IAlso by fax to 512-338-2225 I City of Round Rock and Williamson County Road Bond Program — jointly as Applicants c/o Mr. Larry Cox, CoxIMcLain Environmental Consulting, Inc. 212 Commerce Cove / 3151 S.E. Inner Loop Round Rock, TX 78664 & Georgetown, TX 78626 Re: Wyoming Springs Drive between RM 620 and Brightwater Boulevard AND Creek Bend Boulevard between Creek Bend Circle and Wyoming Springs Drive Dear Mr. Cox: The review of the referenced project has been completed in accordance with the Williamson County Regional Habitat Conservation Plan (RHCP). Based on the supporting documents you provided, the Williamson County Conservation Foundation makes the following determination as to your application: 1. The mitigation fee for the referenced project will be $402,228.00 (Four hundred two thousand two hundred twenty eight and no hundredths Dollars). This amount ("Participation Fee") will be reflected in Paragraph 2 of the Participation Agreement. 2. Please notify this office as soon as possible — by email to wccf(!wilco.orq or by fax to 512-260-4237 — of the applicants' agreement to these mitigation terms. An agenda item will be prepared for the next available Williamson County Commissioner's Court for acceptance. 3. Following acceptance by the Commissioner's Court we will provide you with fund transfer instructions for the Participation Fee. 4. Upon receipt of the Participation Fee the Agreement will be prepared and sent to you. The cover documents for the Agreement will include instructions for filing in Williamson County deed records. These actions will complete your participation in the RHCP for the referenced project/tract. When we receive confirmation of filing, this office will subsequently prepare and mail a participation certificate to you. Although the certificate is not an official document, it may be posted at the project site as notification of participation in the Williamson County RHCP. EXHIBIT Should you have any questions about this letter, please contact WCCF. Sincerely, Gary D. B Environmental Program Coordinator Williamson County Conservation Foundation Agreed as to both form and substance: For the City of Round Rock: By: Title: Date: For the Williamson County Road Bond Program: By: Title: Co G -G Date: �[ / Z$iJ 5 Page 2 of 2 DATE: May 21, 2009 SUBJECT: City Council Meeting — May 28, 2009 ITEM: 12B2. Consider a resolution authorizing the Mayor to execute a Letter Agreement with the Williamson County Conservation Foundation regarding the mitigation fee for the Wyoming Springs Drive and Creek Bend Boulevard Project. Department: Staff Person: Justification: Transportation Services Tom. Word, P.E., Chief of Public Works Operations This letter commits the City to enter into a Participation Agreement with the Williamson County Conservation Foundation for the mitigation of endangered species associated with the widening of Wyoming Springs Drive and the extension of Creek Bend Blvd. The fee is not due until City Council approves the agreement. Funding: Cost: $402,228.00 Source of funds: 4B -RR Transportation Development Corporation Construction Funds and 2002, 2004, and 2007 GO Bonds Outside Resources: Williamson County Klotz and Associates, Inc. Background Information: The Williamson County Conservation Foundation (WCCF) was established in December 2002 to provide for conservation of endangered species in Williamson County while helping to promote responsible development. The widening of Wyoming Springs Drive from a 2 -lane road to a 4 -lane divided arterial road includes a raised median, curb and gutter, drainage and accommodations for bicycles and pedestrians. The project limits are Brightwater to RM 620. The extension of the 4 -lane divided arterial road from Creek Bend Circle to Wyoming Springs Drive includes an all-weather bridge over Brushy Creek, a raised median, curb and gutter, drainage and accommodations for bicycles and pedestrians. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS WILLIAMSON COUNTY CONSERVATION FOUND Al ION Board of Directors As of June 1, 2008 Pct. 1 Commissioner Lisa Birkman, Board President Williamson County, TX Pct. 3 Commissioner Valerie Covey Board Vice President Williamson County, TX David Hays Georgetown Title Georgetown, TX Patty tiason Council Member City of Georgetown, TX Tony Glace Chasco Construction Leander, Texas Chuck Walker Walker Texas Surveyors, Inc. Cedar Park, TX Larry Quick Don Quick & Associates Round Rock, TX c/o Parks and Recreation 350 Discovery Blvd Ste 207 Cedar Park, TX 78613 April 27, 2009 IAlso by fax to 512-338-2225 City of Round Rock and Williamson County Road Bond Program - jointly as Applicants c/o Mr. Larry Cox, CoxlMcLain Environmental Consulting, Inc. 212 Commerce Cove / 3151 S.E. Inner Loop Round Rock, TX 78664 & Georgetown, TX 78626 Re: Wyoming Springs Drive between RM 620 and Brightwater Boulevard AND Creek Bend Boulevard between Creek Bend Circle and Wyoming Springs Drive Dear Mr. Cox: The review of the referenced project has been completed in accordance with the Williamson County Regional Habitat Conservation Plan (RHCP). Based on the supporting documents you provided, the Williamson County Conservation Foundation makes the following determination as to your application: 1. The mitigation fee for the referenced project will be $402,228.00 (Four hundred two thousand two hundred twenty eight and no hundredths Dollars). This amount ("Participation Fee") will be reflected in Paragraph 2 of the Participation Agreement. 2. Please notify this office as soon as possible - by email to wccf(a.wilco.org or by fax to 512-260-4237 - of the applicants' agreement to these mitigation terms. An agenda item will be prepared for the next available Williamson County Commissioner's Court for acceptance. 3. Following acceptance by the Commissioner's Court we will provide you with fund transfer instructions for the Participation Fee. 4. Upon receipt of the Participation Fee the Agreement will be prepared and sent to you. The cover documents for the Agreement will include instructions for filing in Williamson County deed records. These actions will complete your participation in the RHCP for the referenced project/tract. When we receive confirmation of filing, this office will subsequently prepare and mail a participation certificate to you. Although the certificate is not an official document, it may be posted at the project site as notification of participation in the Williamson County RHCP. (2159--- Should you have any questions about this letter, please contact WCCF. Sincerely, Gary D. B Environmental Program Coordinator Williamson County Conservation Foundation Agreed as to both form and substance: For the Ci f Round Rock: By: /1../ Title: Date: . Coil For the Williamson County Road Bond Program: By: Title: Gov krT •.F Date: Page 2 of 2 ct- ,001°- o o cc �� �B Q -f�i 0 �� -k4.-� v N�8�3 /0 4;5,3 �� o ti cf 0.- N7 3)IV-Mp771 M RI HTWATER BL Fern Bluff .. Elementary s 4 C7 a CO CD Round Rock i Hospital � 620 NN w Wyoming Springs Drive Widening s Brightwater Blvd to RM 620