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CM-10-08-163ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: City Manager Approval Summary Sheet Execute a Request for Release of Funds HUD Form 7015.15 Approval Date: August 20, 2010 Department: Finance / CDBG Project Manager: Elizabeth Alvarado Item Summary: Any project or activity not Exempt under Section 58.34(a)) or Categorically Excluded under Section 58.35(b)) requires posting or publishing notice of intent to request release of funds and certification (HUD form 7015.15). A Combined Notice of Finding of No Significant impact and Intent to Request Release of Funds was published in the Round Rock Leader on July 29, 2010. A minimum comment period of 15 days is required, and none have been received. After August 14, 2010 the City can request release of funds on activities or projects listed in the published notice. Strategic Plan Relevance: N/A Cost: Source of Funds: REV. 6/10/10 Request for Release of Funds and Certification U.S. Department of Housing and Urban Development Office of Community Planning and Development OMB No. 2506-0087 (exp. 3/31/2011) This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 1. Program Title(s) City of Round Rock 2. HUD/State Identification Number (HUD GRANT NUMBER) B-09-MC48-0514 3. Recipient Identification Number (optional) 4. OMB Catalog Number(s) 6. For information about this request, contact (name & phone number) Elizabeth Alvarado, CDBG Coordinator (512) 341-3328 DUNS#10-274-0792 5. Name and address of responsible entity City of Round Rock Office of Community 221 East Main Street Round Rock, TX 78664 8. HUD or State Agency and office unit to receive request U.S. Dept. of Housing & Urban Dev. 106 S. St Mary's St., Ste 405 San Antonio, TX 78205 7. Name and address of recipient (if different than responsible entity) The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Activity(ies)/Project Name(s) Habitat for Humanity Land Acquisition 10. Location (Street address, city, county, State) City of Round Rock scattered sites not yet determined. 11. Program Activity/Project Description (including grant amount) Program Activity: Habitat for Humanity of Williamson County / Land Acquisition Project Description: Habitat for Humanity will purchase 3 Tots not to exceed $40,000.00 each for the construction of affordable homes for low income families Location: Scattered sites not yet determined in the City of Round Rock (Second Tier ER will be completed as sites are found) Total units: 3 Funding: $100,000.00 io-cz- 1193 Previous editions are obsolete Page 1 of 2 form HUD -7015.15 (1/99) Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal did ❑ did not M require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that: 7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certifying Officer of the Responsible Entity X Addlfess of Certifying Officer 221 East Main Street Round Rock, TX 78664 Name & Title of Certifying Officer James R. Nuse, P.E., City Manager Date signed August 20, 2010 Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient X Name & Title of Authorized Officer Date signed Waming: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Previous editions are obsolete Page 2 of 2 form HUD -7015.15 (1/99) EXECUTED DOCUMENT FOLLOWS Authority to Use Grant Funds U.S. Department of Housing and Urban Development Office of Community Planning and Development To: (name & address of Grant Recipient & name & title of Chief Executive Officer) James R. Nuse, P.E., City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 Copy To: (name & address of SubRecipient or Secondary Contact) Elizabeth Alvarado City of Round Rock 221 East Main Street Round Rock TX 78664 E: I72QOl Cd We received your Request for Release of Funds and Certification, form HUD - 7015.15 on 8/24/2010 8/24/2010 Your Request was for HUD/State Identification Number B -09 -MC -48-0514 All objections, if received, have been considered. And the minimum waiting period has transpired. You are hereby authorized to use funds provided to you under the above HUD/State Identification Number. File this form for proper record keeping, audit, and inspection purposes. 9/9/2010 Project/Activity: Tiered program for the acquisition of three (3) lots (not to exceed $40,000 each) for the construction of single family homes by Habitat for Humanity of Williamson County. Location: City wide Funding Amount: $100,000./CDBG Comments: Typed Name of Authorizing Officer: Richard L. Lopez, Acting Director Office of Community Planning & Development Action Number: 284 Signature of Authorizing Officer Effective Release Date: SEP 0 9 2010 form HUD -7015.16 (2/94) ref. Handbook 6513.0 REQUEST FOR RELEASE OF FUNDS REVIEW CHECKLIST Action Number: 284 Date of Receipt: 8/24/2010 Name of Responsible Entity: Round Rock, City of Recipient Identification Number: B -09 -MC -48-0514 CPD Rep: Garcia Project Description: Tiered program for the acquisition of three (3) lots (not to exceed $40,000 each) for the construction of single family homes by Habitat for Humanity of Williamson County. Project Location: City wide The RROF publication has been reviewed and found to be acceptable per the following: PART I: COMPLETENESS OF THE REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FORM (HUD 7015.15) YES NO Provides name and address of the recipient and the responsible entity X Yes Identifies the description of the project to be undertaken: title, purpose, cost, scope, and location. X Certification form is signed by the designated Certifying Official for the responsible entity X Indication whether an EIS was/was not required. X PART II: COMPLETENESS OF ATTACHMENTS The recipient submitted proof of publication of: Yes Notice of Intent to Request Release of Funds (NOURROF) posted or published in the local newspaper (complete Part III A). Page 2 No Notice of Finding of No Significant Impact (FONSI) and NOURROF posted or published in the local newspaper (complete Part HI B). Page 3 Yes Environmental Review Status (form 7) included and correct. Yes age PART III: REVIEW OF THE NOI/RROF Action Number: A. Notice of Intent to Request Release of Funds (NOI/RROF) No 1. Specifies the date upon which the release of funds request would be submitted to HUD, and that the responsible entity is authorizing the recipient to submit this request to HUD if the two entities are not the same. X 2. Notice specifies that such Request and Certification is related to grant funds under correct Title and Act. X 3. Notice identifies the description of the project to be undertaken: title, purpose, cost, scope, and location. X 4. Includes a statement that the responsible entity has made an Environmental Review Record for the project and the place and time when that record may be examined and copies obtained. X 5. Includes a statement that the public may submit comments to the Responsible Entity. X 6. Contains the name, address, and phone # of the responsible entity with the name of the Certifying Officer. X 7. Delineates the permissible bases for objecting to HUD's release of project funds, and the name and address of the HUD office to which objections are to be submitted in writing (58.73 & 75). X 8.Dates a. Date Published in Paper. 7/29/2010 b. Calculated Public Comment Period: (Publication Date + 7 days) or (Posted Date + 10 days). 8/5/2010 c. Published Public Comment Period: Final day to receive comments must be a workday. 8/13/2010 (end of day) d. Are a, b and c consistent? (yes or no) Yes e. Date notice declares that the Release would be submitted to HUD. 8/23/2010 f. Date RROF actually received by HUD. 8/24/2010 g. Was release submitted earlier than notice date? (yes or no) No h. Date calculated by grantee as the expiration of HUD's 15 day comment period. ("0" denotes no date provided) 9/8/2010 i. Date Received by HUD + 15 days for Comments to HUD. 9/8/2010 j. Of (h) and (i) which date is later? Final day to receive comments must be a workday. CHECK CALENDAR 9/8/2010 Effective Release Date: (calculated by adding "Date Received by HUD" + 16 days 1 1 clay alter end of 15 day comment period] for Comments to HUD), provided no objections were received. 9/9/2010 Page 2 PART III: REVIEW OF THE COMBINED NOTICE • B. Combined FONSI and NOI/RROF Yes 1. Clearly indicates that the combined notice is intended to meet two separate procedural requirements (58.43(b)(1)). X 2. Specifies the date upon which the release of funds request would be submitted to HUD, and that the responsible entity is authorizing the recipient to submit this request to HUD if the two entities are not the same. X 3. Notice specifies that such Request and Certification is related to grant funds under correct Title and Act. X 4. Notice identifies the description of the project to be undertaken: title, purpose, cost, scope, and location. X 5. Includes a statement that the public may submit comments. X 6. Advises persons submitting comments to indicate which "notice" their comments address (58.43(b)(2)). X 7. Contains the name, address, and phone # of the responsible entity with the name of the Certifying Officer. X 8. Includes a statement that the responsible entity has found the project has no significant impact on the environment (FONSI), and that an Environmental Impact Statement is not required. X 9. Includes a statement that the responsible entity has made an Environmental Review Record for the project and the place and time when that record may be examined and copies obtained. X 10. Delineates the permissible bases for objecting to HUD's release of project funds, and the name and address of the HUD office to which objections are to be submitted in writing (58.73 & 75). X 11.Dates a. Date Published in Paper 7/29/2010 b. Calculated Public Comment Period: (Publication Date + 15 days) or (Posted Date + 18 days). 8/13/2010 c. Published comment period Final day to receive comments must be a workday 8/13/2010 d. Are a, b and c consistent? (yes or no) Yes e. Date notice declares that the Release would be submitted to HUD? 8/23/2010 f. Date RROF actually received by HUD 8/24/2010 g. Was release submitted earlier than notice date? (yes or no) No h. Date calculated by grantee as the expiration of HUD's 15 day comment period. ("0" denotes no date provided) 9/8/2010 i. Date RROF received by HUD + 15 days 9/8/2010 j. Of (h) and (i) which date is later? Final day to receive comments must be a workday. CHECK CALENDAR 9/8/2010 Effective Release Date: (calculated by adding "Date Received by HUD" + 16 days ( 1 day after end of 15 day comment period] for Comments to HUD) 9/9/2010 Applicant/Grant Number (HUD/State Identification): Round Rock, City of, B -09 -MC -48-0514 Activities/Projects: Tiered program for the acquisition of three (3) lots (not to exceed $40,000 each) for the construction of single family homes by Habitat for Humanity of Williamson County. COMMENTS: RECOMMENDED ACTION: I have reviewed the Request for Release of Funds for the above project, including the required certification. In accordance with the release of funds procedures of 24 CFR Part 58, I find it: X Acceptable Unacceptable_ Deficiency Notice issued Removal of Grant Conditions should not be authorized until 9/9/2010 (date) (16th day after HUD's decision period for receiving objections). 9/9/2010 Jack Pipkin Date Environmental Officer Page 4 Request for Release of Funds and Certification U.S. Department of Housing and Urban Development Office of Community Planning and Development OMB No. 2506-0087 (exp. 3/31/2011) This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 1. Program Title(s) City of Round Rock 4. OMB Catalog Number(s) 2. HUD/State Identification Number (HUD GRANT NUMBER) B-09-MC48-0514 3. Recipient Identification Number (optional) 6. For information about this request, contact (name & phone number) Elizabeth Alvarado, CDBG Coordinator (512) 341-3328 8. HUD or State Agency and office unit to receive request U.S. Dept. of Housing & Urban Dev. 106 S. St Mary's St., Ste 405 San Antonio, TX 78205 DUNS#10-274-0792 5. Name and address of responsible entity City of Round Rock Office of Community 221 East Main Street Round Rock, TX 78664 7. Name and address of recipient (if different than responsible entity) The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Activity(ies)/Project Name(s) Habitat for Humanity Land Acquisition 10. Location (Street address, city, county, State) City of Round Rock scattered sites not yet determined. 11. Program Activity/Project Description (including grant amount) Program Activity: Habitat for Humanity of Williamson County / Land Acquisition Project Description: Habitat for Humanity will purchase 3 lots not to exceed $40,000.00 each for the construction of affordable homes for low income families Location: Scattered sites not yet determined in the City of Round Rock (Second Tier ER will be completed as sites are found) Total units: 3 Funding: $100,000.00 .111/V -16-C8-14) 5 Previous editions are obsolete Page 1 of 2 form HUD -7015.15 (1/99) Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal did n did not ® require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that: 7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certifying Officer of the Responsible Entity X Name & Title of Certifying Officer James R. Nuse, P.E., City Manager Date signed August 20, 2010 AddressbLC4rtifying Officer 221 East Main Street Round Rock, TX 78664 Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient X Name & Title of Authorized Officer Date signed Waming: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Previous editions are obsolete Page 2 of 2 form HUD -7015.15 (1/99)