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CM-2014-361r--ROUNDOCK TEXAS OON PROSPPRM City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a HUD Form 7015.15 Request for Release of Funds. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/28/2014 Dept Director: Chery Delaney Cost: Indexes: Attachments: LAF HUD FORM 7015.15.pdf, HUD FORM 7015.15.pdf, AFFIDAVIT FROM RRL.pdf Department: Finance Department Text of Legislative File CM -2014-361 Consider executing a HUD Form 7015.15 Request for Release of Funds for authorization to use Community Development Block Grant funds for the Veterans Park Improvements Project. HUD requires a Notice of Intent to Request Release of Funds with a fifteen day comment period for any project that is not Exempt under Section 58.35 (b). The Veterans Park Project is not an exempt activity and therefore requires a Notice of Intent to Request Release of Funds. The Notice of Intent to Request Release of Funds was published in the Round Rock Leader on March 8, 2014 and the comment period ended March 24, 2014. No comments were received. On or about April 1, 2014 the executed HUD Form 7015.15 Request for Relase of Funds will be submitted to the San Antonio HUD office. HUD will review and after a fifteen day comment period they will issue an Authority to Use Grant Funds for the Veterans Park Project. Staff recommends approval. City of Round Rock Page 1 Printed on 3/27/2014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Finance Project Mgr/Resource: Liz Alvarado []Council Action: ORDINANCE Agenda Wording Project Name: CDBG - Veteran's Park Contractor/Vendor: N/A n RESOLUTION []City Manager Approval CMA Wording Consider executing Request for Release of Funds and Certification for Veteran's Park improvement project. Attorney Approval Attorney Notes/Comments Date 3I (11 1(1 O:\wdox\SCCInts\0179\1400\MUNICIPAL\00294923.XLS Updated 6/3/08 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. 10/31/2014) 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) CDBG 2. HUD/State Identification Number B12MC480514 BI3MC480514 3. Recipient Identification Number (optional) 4. OMB Catalog Number(s) CFDA No. 14.218 6. For information about this request, contact (name & phone number) Liz Alvarado, 512-341-3328 5. Name and address of responsible entity City of Round Rock 221 East Main St. Round Rock, TX 78664 8. HUD or State Agency and office unit to receive request San Antonio HUD Field Office 615 East Houston Street Suite 347 San Antonio, Texas 78205 7. Name and address of recipient (if different than responsible entity) N/A 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) Public Facilities & Improvements -Veterans Park 10. Location (Street address, city, county, State) 600 Pecan Avenue Round Rock, Texas 78664 11. Program Activity/Project Description Public Facilities & Improvements at Veterans Park to include: Replacement and installation of restroom, trash receptacles, picnic tables and benches, bike racks, and sidewalks. Improvements to basketball court to include construction of a steel open air structure with a roof that is approximately 60'x100' with 20' clearance as well as minor improvements to the basketball court and amenities. Installation of a new park pavilion. This request is for CDBG years 2012 & 2013 in the amount of $317,549. 2012-$208,101 2013-$109,448 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. The responsible entity has assumed responsibility for and complied with and will continue to comply with Section 106 of the National Historic Preservation Act, and its implementing regulations 36 CFR 800, including consultation with the State Historic Preservation Officer, Indian tribes and Native Hawaiian organizations, and the public. 4. 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. Previous editions are obsolete form HUD -7015.15 (1/99) CM -2014-361 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. 10/31/2014) 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) CDBG 2. HUD/State Identification Number BI 2MC480514 BI 3MC480514 3. Recipient Identification Number (optional) 4. OMB Catalog Number(s) CFDA No. 14.218 6. For information about this request, contact (name & phone number) Liz Alvarado, 512-341-3328 5. Name and address of responsible entity City of Round Rock 221 East Main St. Round Rock, TX 78664 8. HUD or State Agency and office unit to receive request San Antonio HUD Field Office 615 East Houston Street Suite 347 San Antonio, Texas 78205 7. Name and address of recipient (if different than responsible entity) N/A 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) Public Facilities & Improvements -Veterans Park 10. Location (Street address, city, county, State) 600 Pecan Avenue Round Rock, Texas 78664 11. Program Activity/Project Description Public Facilities & Improvements at Veterans Park to include: Replacement and installation of restroom, trash receptacles, picnic tables and benches, bike racks, and sidewalks. Improvements to basketball court to include construction of a steel open air structure with a roof that is approximately 60'x100' with 20' clearance as well as minor improvements to the basketball court and amenities. Installation of a new park pavilion. This request is for CDBG years 2012 & 2013 in the amount of $317,549. 2012-$208,101 2013-$109,448 Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. The responsible entity has assumed responsibility for and complied with and will continue to comply with Section 106 of the National Historic Preservation Act, and its implementing regulations 36 CFR 800, including consultation with the State Historic Preservation Officer, Indian tribes and Native Hawaiian organizations, and the public. 4. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal did n did not 171 require the preparation and dissemination of an environmental impact statement. Previous editions are obsolete form HUD -7015.15 (1/99) CM -2014-361 AUSTIN COMMUNITY NEWSPAPERS Nona 07 FINDING OF NO NGN6. CANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Date of Plbfiudom Saturday, Marsh Ranke 221 East Malo Stmt Round Rad, TX 78664 (S121331.332$ These notices dull n0sly two separate but related procedural requirement, for activities to be undertaken by the City of Round Rock. REQUEST FOR RELEASE OF FUNDS On or alter Apoll, 2014 the City of Round Ras will submit a request to the U.T. Department of horsing and Urban Development for the release of Community Development Block Grant funds under Tnle lot the Hoodo9 and Community Development Act of 1974, `and amended. he folbwlnq o*cies 2013 to Project Tide: veterans Park Improve m. Repose: Fund, will be used for the re. omenof sidewalk, b00 If park nstallation replace- ment tables and benches. trash receptacles aM construction: Park buie2tb.B ZA to bdude construction of a steel open. airwith a roof that n approxi. `NI 60'.100 or 20 )7302007 to anddmi Mdm for the basketball mora M minor t and basketball nes the bar and mart and basketball aminates Locution: 600 Pecan Avenue Fd,0.10l Cwt 1317.549 FINDING OF NO SIGNIFICANT IMPACT The CM of Round Rad determinedn, dat70ned that the protect will have no significant Therefo ee,n eine Environmental Impact Statement under the National Environ- mental nvironmental Policy Act of 1969 (NEPA) is not moulted. Addli0nal project informs- tiois contained in the Environmental Review Record (ERR) an Ole at 221 East bee a Main Sheet or copied weekdays 4 and m 8 A.M to PM. PUNK COMMENTS submit tm10000 Macon the ERR to the Office of Community Development at 221 NI Main Street Round 78661. comments received by Mach 2f' M1oluncl will c0007 *0 deredautthodt City fsubmission of a request for release of funds. Comments which they are esug RELEASE OF FUNDS The Ory of Round Rod certifies to the oDepartment tat limning his capacityhe t City Manage consents Courtto s action n h bought to ehdittion of the nforce) responsibilities in relation tohe e nro0mental renew process and tnat 0102. 0. Dep rtm `ort : 90400,0 ane Urban Developments approval of 11u under NEPA satisfies ndf related laws and 00 Morieiu and ahem the City of Round Rocs to use 14140 program funds. OBJECTIONS TO RELEASE OF FUNDS U.S. Department of Musing and Urban Development 00111 accew Obje0lew 10 tiH 31100 fcrl aupned`rl0Unof tl fteen` clays cer- following the an0cipated submission date e0 its actual receipt of the request one o1 the loll*, bass to hey a certi- fication wet not eaeMed by the Cert - 1171 yM1eoflkere0fRnd Retq a step or f;Ao1shed ton1 omake a 2cu(0)000 0 finding required by HUD regulations at 24 CFR part 58:(0the grant recipient or other participant, in the development process Awe committed funds incurred costs or undertaken MiOFIel not autho- rized by 24 CFR Part 5B before approval of a release of fund, by U.S. Department of Mousing and Urban Development on (sit anon..? Federal age.) 01009 700 want to 40 CFR Part 1504 has submit- ted awinenfinding that the project i, unsatisfactory horn rythe standpoint of be �preparen nd submitted in `actor. dance with the required procedure, (24 CER Part SEL Sec 5876) and ,hall be ad - dosed to U.S. Department of Mousing and Urban Development administrative office at H.P. Garda Federal BIdgAl.5. Courthouse 615 E. Houston Street. Suite 347 San Antonio, Teus 74205. Potential objectors should contact the U.S. De- partment of Housing and Urban Des1). /pment to verily Me actual last day of he objection period War. Steve Nowoad. Oty Manager SWORN AND SUBSCRIBED TO BEFORE ME, on 03/10/2014 I OP OW 10&0111 d for • • LLIAMSON COUNTY, TEXAS ROUND ROCK LEADER STATE OF TEXAS COUNTY OF WILLIAMSON Before me, the undersigned authority, a Notary Public in and for the County of Williamson, State of Texas, on this day personally appeared Carolyn Kline. Advertising Agent of the ROUND ROCK LEADER, which is a newspaper of general circulation published in the county of Williamson in the state of Texas, who being duly sworn by me, states that the attached advertisement was published in said newspaper on the following date(s), to wit, and that the attached is a true copy of said advertisement: the following date(s), CITY OF ROUND ROCK CDBG DEPT,212801 - FONSI NOTICE VETERANS PARK,first date of Publication 03/08/2014, last date of Publication 03/08/2014, web and print times Published 1, Legal Notices, 1 X 119. SLEGAL RRL FONSI NOTICE VETERANS PARK Ad ID: 434084 Ad Cost: 267.75 SARA STARICHA SMITH My Commission Expires November 5, 2015 Environmental Review Status Form ENVIRONMENTAL REVIEW RECORD Grantee: City of Round Rock Program: CDBG Grant #:B 12MC480514 Program STATUS FORM B13MC480514 Year: 2012 & 2013 w/ 0 o &$/ /</� 0 0 /2Q 3/28/14 o ...5 / • xwaA d- k e 2 2 : a © a a 0 on \_ 2 0$ R/, § Date of Determination - Level of Review Environmental Assessment x Categorical Exclusion Converted to Exempt 58.34(a)(1 2) r- CEST, Under 58.35(a) CENST, Under 58.35(b) Exemit \ t : ± Public Facility Imp - Veterans Park 4 : w RROF Review Checklist PART I. COMPLETENESS of Certified RROF (form HUD -7015 15) Does the RROF? YES NO Update 1. Is the RROF an original printed on both sides? x 2. Include HUD Program for which funds are being requested? x 3. What program are the funds from? CPD Programs: HOME, CDBG, SHP, SHOP, EDI, etc. Public Housing Programs: HOPE VI, Section 8, etc. x 4. Include Name & address of Responsible Entity? x 5. Include Name & address of Recipient (if other than RE)? 6. Include description of the project(s) for which the RE is requesting release of funds, including location? x 7. Indicate whether an EIS was/was not required? x 8. Include signature of designated Certifying Officer? x 9. Date of signature by Certifying Officer after expiration of public notice comment period? x 10. Include signature of authorized officer of the Recipient, where required (i.e., Recipient is not the RE)? s` 11. Include date of signature by Recipient after expiration of public notice comment period? 12. Is the document an original, printed on both sides? x PART II: COMPLETENESS of PUBLIC NOTICES Does the FONSI NOTICE? YES NO Update 13. State that the RE has made a FONSI and that the comment period is at least 15 days (or 30 days if project is controversial)? x 14. If a "combined notice" of FONSI & NOI-RROF is used (as is typical), does the combined notice indicate it is intended to meet two separate procedural requirements? (§58.43) x 15. Advise those submitting comments to indicate which "notice" their comments address? x 16. Is proof of the date of publication, mailing, posting (e.g. publisher's affidavit, return receipts, etc.) attached? x 72 Does the NOURROF NOTICE? YES NO Update 17. Provide & observe a timeframe "on or about" when the certified RROF will be submitted to HUD which is at least 8 days after the notice publication date (or 11 days, if posted)? x 18. If Combined with a FONSI, provide & observe a timeframe "on or about" when the FONSI/NOI-RROF will be submitted to HUD, which is at least 16 days after the notice publication date (or 19 days, if posted)? 19. List HUD program for which RROF is requested? x 20. Is proof of the date of publishing/mailing/notifying included? x 21. List Name of project? x 22. List Description of project? x 23. List Location of project? x 24. List Amount of HUD funds and Total project cost? x 25. State that RE has made an ERR (Environmental Review Record) for the project, including place and time where ERR may be examined and copied? x 26. Give Address & Phone number of the RE (not Recipient) where comments can be submitted? x 27. Provide date or timeframe until which objections to the RROF can be submitted to HUD? (NOI/RROF will list either an actual date or make a general statement about "15 days to comment" from the date of HUD's receipt of the RROF. HUD's effective release date is calculated by adding the "Date Received by HUD" + 16 days, i.e., 1 day after end of the 15 -day comment period.) x 28. List all the bases for objections to the release and provide the name & address of the HUD office to which objections may be sent? x 73 Section 8: Certification and Request for Release of Funds The form HUD -7015.15 Request for Release of Funds (RROF), must be printed on both sides and the original copy must be submitted to HUD or the State. The RROF is a federal form and must not be altered in any way. In preparing a RROF, the REs must ensure that all applicable sections are completed. This includes the following: • . • • • . • HUD program for which funds are being requested is included The Name and Address of the RE Name and Address of the Recipient if it is not the RE Project description for which RE is requesting funds Indication of whether an EIS was or was not required Signature of the Certifying Officer Certification Date after expiration of public notice comment period Signature of the authorized officer of the Recipient when the Recipient is not the RE Date of signature of the Recipient after expiration of the public notice comment period. If the RROF does not contain all of the information listed above, it will be returned to the RE. The objection time period will not start until the RROF is completed as required. The certified RROF shall be sent to the appropriate HUD Field Office (or the State, if applicable). The most current RROF can be found at the following website: http://portal.hud. gov/hudportal/documents/huddoc?id=7015-15.pdf 70 Section 9: Authorization to Use Grant Funds A. Objection Period HUD (or the State) must not approve an RROF for any project before 15 calendar days have elapsed from the time of receipt of the certified RROF or from the time specified in the notice published pursuant to §58.70, whichever is later. Any person or agency may object to a certified RROF. However, the objections must meet the conditions and procedures set forth in Part 58 Subpart H. HUD (or the State) can refuse the certified RROF on any grounds set forth below: a. The certification was not in fact executed by the responsible entity's Certifying Officer. b. The responsible entity has failed to make one of the two findings pursuant to §58.40 or to make the written determination required by §58.35, §58.47 or §58.53 for the project, as applicable. c. The responsible entity has omitted one or more of the steps set forth at Part 58 Subpart E for the preparation, publication and completion of an EA. d. The responsible entity has omitted one or more of the steps set forth at Part 58 Subparts F and G for the conduct, preparation, publication and completion of an EIS. e. The recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by Part 58 before release of funds and approval of the environmental certification by HUD (or the state). f. Another Federal agency acting pursuant to 40 CFR part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. All decisions by HUD (or the State) regarding the certified RROF shall be final. B. Authorization to Use Grant Funds If there are no objections received, HUD or the State will provide an Authorization to Use Grant Funds, form HUD -7015.16 (AUGF). REs and recipients should not obligate HUD or non -HUD funds until they receive a fully executed copy of this form. 71 AUSTIN COMMUNITY NEWSPAPERS ROUND ROCK LEADER AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF WILLIAMSON City of Round Rock Address 221 E. Main St Round Rock, TX 78664 Acct Number: 512-341-3328 Ad ID: 5721720 Before me on this day personally appeared the undersigned, known to me to be an authorized representative of the ROUND ROCK LEADER, which is a newspaper of general circulation published in the county of Williamson in the state of Texas, who being duly sworn by me, states that the attached advertisement was published in said newspaper on the following dates, to wit, and that the attached is a true copy of said advertisement: First Published: 08/24/2013 Times Published: lx Size (Lines/Inches): 80 Lines Sworn and subscribed to before me, this SARA STARICHA SMITH My Commission Expires November 5, 2015 Last Published: 08/24/2013 Classification: A998 (Legals) Cost: $101.87 ay of ItL/111 Publishe 's signature "„„t„. Pumb fo liamson County, Texas A.D. 2013. Round Rock Leader Legal Notice Department, 305 S. Congress Ave, Austin, TX 78704, Ph: 512-445-3832, Fax: 512-445-3503, email: legals@statesman.com AUSTIN COMMUNITY NEWSPAPERS City of Round Rock Acct Name: 221 E. Main St Round Rock, TX 78664 Acct Number: 512-341-3328 Ad ID: 5734870 ROUND ROCK LEADER AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF WILLIAMSON Before me on this day personally appeared the undersigned, known to me to be an authorized representative of the ROUND ROCK LEADER, which is a newspaper of general circulation published in the county of Williamson in the state of Texas, who being duly sworn by me, states that the attached advertisement was published in said newspaper on the following dates, to wit, and that the attached is a true copy of said advertisement: First Published: 09/14/2013 Times Published: lx Size (Lines/Inches): 101 Lines Last Published: 09/14/2013 Classification: A998 (Legals) Cost: $128.56 Sworn and subscribed to before me, this a4- Day of Publisher'•"si_ ature pdaJ , A.D. 2014. tup Notary Public In and for Williamson County, Texas Round Rock Leader Legal Notice Department, 305 S. Congress Ave, Austin, TX 78704, Ph: 512-445-3832, Fax: 512-445-3503, email: legals@statesman.com