R-01-01-11-13E1 - 1/11/2001 RESOLUTION NO. R-01-01-11-13E1
WHEREAS, the City of Round Rock desires to retain professional
real estate services related to the acquisition of right-of-way for
A.W. Grimes Boulevard, and
WHEREAS, Pinnacle Consulting Management Group, Inc . has submitted
an agreement to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Pinnacle Consulting Management Group, Inc . , 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 an agreement with Pinnacle Consulting Management
Group, Inc . , for professional real estate services related to the
acquisition of right-of-way for A.W. Grimes Boulevard, copy of said
agreement being attached hereto 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, and the Act .
RESOLVED this lith day of JaFruar1=4y, 001
R A. STLUKA, 0. , Mayor
A ST: J-&� City of Round Rock, Texas
JOANNE LAND, City Secretary
K:\WPDOCS\RESOLUTI\R10111E1.WPD/sc
PROPOIAL
PROFEMONAL IERVICEI
RIGHT OF WAY/REAL EITATE IERVICEI
APPRA+ IIA+ L, ACQUIIITION, RELOCATION,
TITLE & COURT RELATED JERVICEI
FOR THE
CITY OF ROUND ROCK
(ARTERIAL B)
DECEMBER 28, 2000
PIN1V�CLE
Pinnacle Consulting Management Group, Inc., is pleased to respond to the Request for Proposal
from the City of Round Rock(the City)to provide Professional Services (Right of Way/Real
Estate Services) for the purpose of constructing a new North/South roadway to be known
asArterial B in the City of Round Rock, Texas.
The Pinnacle Group was incorporated in the State of Oklahoma in September, 1997, to provide
Program Management Services to government agency clients in Oklahoma. In September, 1998
our services were expanded to include providing our clients with full turnkey right of way and
land acquisition services. Also in September, 1998 The Pinnacle Group opened an office in
Round Rock, Tx. to provide the same services to government agency clients in Texas. On
October 26, 1998 The Pinnacle Group was authorized to conduct business in the State of Texas
by the Secretary of State. The individuals with the firm have provided land acquisition and
relocation assistance services on projects for government agencies throughout the country. With
the proven expertise and abilities of our key personnel, The Pinnacle Group will emerge as one
of the leading firms in the right of way profession.
CORPORATE INFORMATION
Name of Firm: Pinnacle Consulting Management Group, Inc.
Address: 600 Round Rock West Drive, Suite 705
Round Rock, TX 78681
Telephone: (512) 341-2271
Fax: (512) 341-2269
Organization: Corporation (Oklahoma) authorized in Texas
Principal: W. Howard Armstrong, President
Oklahoma City, Oklahoma
Officers: Lisa R. Harrison, Executive Vice President
Oklahoma City, Oklahoma
Gary W. Bernethy, P.E., Vice President, Texas Division
Austin, Texas
PROJECT UNDERITANDING
The City of Round Rock wishes construct a new roadway known as Arterial B and wants this
done in accordance with all State and Federal requirements to assure eligibility for use of State
and/or Federal funds in the project.
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The right of way and/or relocation assistance services to be provided will be done in complete
conformity with the policies and procedures of the Texas Department of Transportation as well
as the requirements of the Federal Highway Administration.
The proposal that Pinnacle is submitting shows the ability to provide the right of way and
relocation assistance services to the City with the assurance that these services can be provided
in a cost effective and professional manner.
PROJECT PERIONNEL
Resumes of key personnel, along with resumes of personnel that will be assigned to the City
project, are included in Appendix I at the end of the Proposal. If, when the project is awarded, it
is necessary that we substitute a staff member not identified in our proposal we will provide a
complete resume to the City for review and approval prior to that person being assigned to the
project.
APPROACH TO THE PROJECT
The following key steps outline how Pinnacle will approach the project involving acquisition
and relocation:
I. Project Initiation
♦ Once a notice is issued,Pinnacle will begin work immediately. We will contract
with a local title company to obtain the necessary title information to assure clear
title on all properties acquired.
♦ All project activities associated with acquiring right of way will be conducted by
Pinnacle from the Round Rock Office. We do not conduct our negotiation
activities with local property owners by long distance.
2. Pre-Acquisition Activities
♦ The Right of Way Agent assigned to the parcel will review the title report, assign
the appraisal and review the construction plans prior to making any contact with
the property owner.
♦ The property owner will be contacted by the appraiser and be afforded an
opportunity to meet with him at the site to be appraised
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♦ The independent fee appraiser will appraise the property in accordance with the
Uniform Standards of Professional Appraisal Practice (USPAP).
♦ When the appraisal report is received and reviewed and found to meet all
requirements the property owner will be contacted to arrange for a time to meet to
present the offer.
3. Acquisition Activities
♦ At the initial meeting with the right of way agent the property owner will be given
the appraisal report, an explanation of the offer and a brochure explaining
relocation assistance.
♦ Questions or concerns expressed by the property owner will be quickly addressed
as we believe a property owner is more likely to accept the fair market value offer
if they are fully aware of the relocation assistance benefits that are also available
for them.
♦ Once the owner accepts the offer, the necessary documentation will be submitted
to the City for payment.
♦ Every effort is made to avoid condemnation, however should it be necessary, our
project personnel will thoroughly review all the issues affecting the owners
willingness to accept the offer before submitting for condemnation. Acquisition
services involves more than making three (3) contacts and turning in the file for
condemnation. Our acquisition efforts focus on attempting to resolve differences
and to do so in a cost effective manner to the City.
4. Relocation Assistance Activities
♦ Relocation Assistance Services may be necessary.
♦ After acceptance of the offer we will begin assisting the property owner in
providing relocation services.
♦ Upon closing of the acquisition business relocation expenses will be paid
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5. Disposition of Improvements
♦ Upon vacancy of the property it will be secured to prevent vandalism and the
City disposition process will begin.
♦ Validate the removal or destruction of all improvements to prevent interference
with construction.
6. Quality Assurances
♦ An integral part of our acquisition efforts with property owners involves
providing our field personnel with support and assistance throughout the project.
Frequent contacts are maintained with City staff throughout the duration of a
project to ensure the work and progress are acceptable to the City.
♦ Detailed status reports and time line schedules will be maintained throughout the
project. This information will be submitted to the City on a schedule determined
by the City.
♦ Prior to submitting a complete acquisition file to the City, the file will be
throughly reviewed to make sure all activities are documented.
♦ The objective of Pinnacle is to provide the highest quality of service to the City.
COURT RELATED IERVICEf
When court related services are required, Pinnacle personnel have the ability to assist with
services ranging from assisting attorney's in becoming familiar with specific issues through court
room testimony.
REFERENCEI
Oklahoma Department of Transportation -Mr. Mike Borelli, Chief, Right of Way Division,
200 N.E. 21St Street, Oklahoma City, OK 73105
Telephone (405) 521-2661
Oklahoma Turnpike Authority- Mr. Jim Beach, Director of Administration, Oklahoma
Turnpike Authority, 3500 Martin Luther King Blvd., Oklahoma City, OK 73135
Telephone ((405) 425-3610
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Virginia Department of Transportation - Mr. Stuart A. Waymack, Director, Right of Way and
Utilities, 1401 E. Broad Street, Richmond, VA 23219
Telephone (804) 786-2923
Texas Department of Transportation - Mr. Terry May, Right of Way Director Dallas District,
P.O. Box 3067, Dallas, Tx. 75221-3067
Telephone (214) 320- 6100
ICOPE OF IERVICEI
SERVICES TO BE PROVIDED BY THE CITY:
♦ Provide release and authorization of the project
♦ Provide right of way maps, plats and field notes
♦ Provide timely acquisition payments upon submission of documentation
♦ Pay actual cost of title insurance if required
♦ Pay actual cost of recording fees
♦ Legal services should condemnation be required
SERVICES TO BE PROVIDED BY THE PINNACLE GROUP
♦ Obtain and review ownership on all parcels to be acquired
♦ Obtain and review appraisals of all property
♦ Prepare conveyance instruments for properties
♦ Negotiate acquisitions
♦ Prepare easement releases and obtain releases
♦ Prepare negotiator reports
♦ Prepare request for payment and close acquisition
♦ Initiate the relocation assistance process
♦ Find available replacement housing
♦ Calculate relocation supplements
♦ Assist with acquisition of replacement housing
♦ Provide payment of relocation supplements
♦ Provide any court related services should condemnation be required
♦ Provide title insurance
♦ Record all instruments of conveyance
♦ Provide City of Round Rock completed acquisition and relocation files
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EQUAL EMPLOYMENTAFF1 RM1.1TIVE ACTION
The Pinnacle Group is an Equal Opportunity Employer. We have provided in Appendix 2 the
Equal Employment Opportunity/Affirmative Action Statement.
COLT AND PRICING INFORMATION
The Pinnacle Group will contract with Georgetown Title Company, Inc. to provide title
insurance on each tract acquired,the cost of which is based on the value of the property acquired
by the City and will be paid by the City
APPRAISAL SERVICES
The Pinnacle will contract with Mr. William S. Gordon, MAI to
appraise the five tracts at a cost of
Total $9,500.00
Should the acquisition require updates of the
appraisals and court testimony it shall be billed as follows:
William S. Gordon,MAI $100.00/hr*
* To be requested by City Attorney
ACQUISITION SERVICES
The Pinnacle Group will provide the acquisition and administration
services and provide the City of Round Rock project records that
meet State and Federal standards to assure cost participation in the
construction of the roadways at a cost of:
Acquire the following parcels;
5 Tracts (Arterial B)
Wolf Tracts(2), Wigginton Tract,Reavis Tract&Miller Tract
Total $15,500.00
Should the acquisition require preparation or
court testimony it shall be billed as follows
Gary W. Bemethy, P.E. $95.00/hr*
* To be requested by City Attorney
RECORDING FEES
The City of Round Rock will pay actual cost of all required
recording and filing costs
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Pinnacle will honor the above rates, provided the contract is awarded by February 15, 2001
BILLING
Billing for the appraisals will be submitted to the City upon receipt of a complete appraisal report
by Pinnacle.
Billings for title work shall be at the closing, when title insurance is issued and the title company
preforms the closing, payment will be a part of the closing.
Billing for the work preformed by the Pinnacle Group shall be billed on a monthly basis as the
work is preformed based on hourly rates but will not exceed the cost set forth in the contract.
ALL PARTIES HEREBY AGREE WITH THE CONDITIONS AND FEES AS SET
FORTH IN THE ABOVE CONTRACT.
CITY OF ROUND ROCK THE PINNACLE GROUP
MAYOR OF CITY OF R&ND ROCK MC
IDENT
z
DATE DATE
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APPENDIX 1
REIU M EI
P I iV lel C L E
GARY BERNETHY, P.E.
IU M MARY
Vice President of Pinnacle Consulting Management Group,Inc. Gary has thirty-four(34)years
experience in all phases of land acquisition,property management, relocation assistance services
and utility relocation with a government agency,including serving as Director of Right of Way
for the Texas Department of Transportation.
EXPERIENCE
VICE PRESIDENT 1998-2000
Pinnacle Consulting Management Group,Inc. Round Rock, TX
Joined The Pinnacle Group in 1998 to establish a branch office in Texas and has corporate
oversight responsibility for all projects in the Texas Division. Currently Project Manager on
projects for the City of Round Rock, Texas, providing title, appraisal, land acquisition and
relocation assistance services on the South Mays Project,the US 79 project,S.H.45 and Arterial
B projects.Also Project Manager on S.H. 161 project Dallas District,TxDOT.
DIRECTOR OF RIGHT OF WAY,RIGHT OF WAY DIVISION 1966-1998
Texas Department of Transportation Austin, TX
Director of Right of Way - Served as Director of Right of Way from 1988 to 1998, during
which time he was responsible for all real estate acquisition for TxDOT. These duties included
facilities location determination, surplus property management, and the oversight of a $250
million dollar annual right of way acquisition program. These responsibilities included
administrative management of the statewide program and the assurance of available funding to
support the program. Services included were right of way mapping and engineering,appraisal,
appraisal review, negotiation and acquisition, eminent domain proceedings that included the
submission of all legal papers to the Attorney General, relocation assistance, property
management and utility relocations. In addition, the Division was responsible for Highway
Beautification Programs,Transportation Corporations,Road Utility Districts and the disposal of
large tracts of land purchased by the Department as legislatively mandated.
Assistant District Engineer,Lubbock District- Served as Assistant District Engineer in the
Lubbock District from 1985 to 1988 with oversight of design,planning,public transportation
right of way and project scheduling. Responsibilities included maintaining the project letting
schedule for the Lubbock District.
District Administrative Engineer,Lubbock District- Served as Administrative Engineer from
1983 to 1985 with oversight of right of way,accounting,warehouse and personnel for the district
that consisted of more than 500 employees.
District Right of Way Engineer,Lubbock District-Served as District Right of Way Engineer
of the Lubbock District from 1975 to 1983. Responsible for the acquisition of all right of way
necessary to meet construction needs of the district. Primary responsibility was the acquisition
PI 1V 1V^CLE
Resume-Gary W. Bernethy
Page 2
of right of way for I.H.27 from Lubbock to the north district line(approx. 80 miles),consisting
of more than 1,000 parcels.
Assistant Right of Way Engineer, Lubbock District - Served as Assistant Right of Way
Engineer of the Lubbock District from 1973 to 1975. Primary responsibility was the relocation
of all utilities to accommodate the highway construction needs of the district.
Right of Way Agent,Lubbock District-Served in various positions as a Right of Way Agent
from 1966 to 1973. Those assignments consisted of drafting, right of way map preparation,
relocation assistance, highway beautification map and inventory preparation, negotiation and
field note review.
EDUC.�TION
BACHELOR OF SCIENCE-INDUSTRIAL ENGINEERING
Texas Tech University Lubbock, TX
Has attended numerous career related courses conducted by Federal Highway Administration,
American Institute of Real Estate Appraisers,International Right of Way Association,as well as
management,automation and appraisal courses presented by Texas Tech University.
AFFILIATI 0W/MEMBERIHIPf
Active member of Texas Society of Professional Engineers. Past Treasurer and Vice President
of the Lubbock Chapter.
Active Member of the International Right of Way Association-Regional Member of the
International Transportation Committee for three years.
Active member of the American Association of State Highway Officials Right of Way
Subcommittee-Regional Member of Executive Committee for eight years.
Texas Real Estate Sales License No. 0467621
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MAU RICE G. MALUICH KA
IUM MARY
More than thirty-five(35) years experience in the right of way profession, including eight(8)
years in a management capacity with the Texas Department of Transportation. Proficient in the
following areas:highway policies and procedures;federal/state laws pertaining to right of way;
acquisition and relocation assistance services;appraisal;title;eminent domain; utility relocation;
engineering principles;highway beautification provisions and employee management..
EXPERIENCE
LAND ACQUISITION AGENT 1998-2000
Pinnacle Consulting Management Group,Inc. Austin, TX
Texas Department of Transportation-Assigned as an Agent on the US 161 project for the
Dallas District of TxDOT. The project involves one hundred seventy(170)parcels with fifty-six
(56)residential and eight(8)business relocations. Responsible for assisting with administrative
tasks associated with the acquisition process,figuring moving payments, attending closings and
handling all property management issues.
City of Round Rock,Texas-Assigned on an as-needed basis to projects for the City of Round
Rock,Texas. Responsibilities included title search,ownership verification,right of entry surveys
preliminary engineering and condemnation support services.
RELOCATION ASSISTANCE ADMINISTRATOR 1993-1996
City of Austin, TX Austin, TX
Employed by the City of Austin for the new airport project,initially on a part-time basis,and was
assigned to a permanent position in 1994. Assigned as a Relocation Assistance Administrator
to administer the relocation program in accordance with the Uniform Relocation Assistance and
Real Property Act of 1970. Participated in the review of FAA guidelines, federal regulations,
TxDot relocation manual,drafting guidelines for use in the relocation assistance program for the
new airport project. Once that phase was completed,began to work in all areas of the relocation
program. Responsibilities included reviewing all housing supplements for accuracy,reviewing
claims and payment submissions, updating parcel tracking system, securing comparable
replacement properties for homeowners and business owners, and handling all phases of the
business relocation process.
RIGHT OF WAY AGENT 1969-1993
Texas Department of Transportation
Right of Way Agent IV(1986-1996) - Responsible for the management of seven employees
performing the following duties: reviewing all right of way maps for compliance with
Department requirements and securing necessary revisions and corrections;reviewing all field
notes for accuracy;reproducing right of way maps and making distribution;in-house drafting;
distribution of work to contract surveyors; disposal of surplus right of way; securing D-15
approvals and releases of right of way projects;preparing acquisition packets for Farm to Market
PI 1V iV^C— LE
Resume-Maurice G. Maluschka
Page 2
projects and monitored acquisition for compliance with regulations and scheduling requirements;
preparation and distribution of final right of way maps;coordinated close-out of projects,updated
status reports; and correlated right of way estimates. In addition, handled right of ways
participation in the preparation of PDP and similar report; and oversaw the relocation and
property management phases to assure that the right of way was cleared to meet letting schedules.
Also,managed the administration of the Litter Abatement Act and Rural Road Sign Control laws.
Right of Way Agent IV(1977-1986),Right of Way Agent III(1973-1977)-Responsibilities
included reviewing appraisals reports;assigning right of way projects to fee appraisers;preparing
appraisal contract and negotiating fees with appraisers;conducting pre-appraisal contacts with
property owners;reviewing right of way maps and field notes;preparing right of way estimates;
and testifying at eminent domain proceedings and jury trials. Also, handled all phases of the
relocation assistance program,the Litter Abatement program and acquiring outdoor advertising
signs.
Appraiser U(1970-1973)-As staff appraiser,appraised right of way projects and surplus right
of way.
Right of Way Agent I(1969)-Gained knowledge in the relocation field while assigned in this
classification. During this period the relocation assistance program was adopted into law and was
a participant in the research to determine how to administer the program within the Department.
Engineering Technician III (1966-1969) - Principle responsibility was the issuance of
oversize/overweight permits to trucks and mobile homes; prepared estimates for the special
maintenance crews, prepared logs of highways and maintained direct contact with the
Maintenance Supervisors and personnel within the District.
Prior position held from 1959 to 1966: Rodman, Junior Inspector, Inspector I, Field Survey
Worker II, and Engineering Aide III.
EDUCJ.�TION
High School Graduate
Career Related Courses:
Appraisal Course(TxDOT 1969)
Society of Real Estate Appraiser-Course 101
SREA Narrative Report Seminar- 1971
SREA"An Introduction to Appraising Real Estate"- 1970
American Institute of Real Estate Appraisers Course"Real Estate Appraisal Principles"- 1985
FHWA Appraisal Review School on Federal Aid Primary Highway- 1977
SREA Income Property Appraising Course 201 - 1971
SREA Residential Property Course 102- 1970
TxDOT Managing Resources- 1992
SDHPT Managing People II- 1992
SDHPT Performance Plan Evaluation- 1991
SDHPT Interviewing and Hiring- 1991
SDHPT Counseling and Disciplining- 1991
P11V 1V.O�CLE
PENNY L. GEORGE
IUMMARY
Eleven(11)years experience in the Legal Section of the Right of Way Division for the Texas
Department of Transportation. Extensive experience in the administration of the condemnation
process including database management,reporting and audits.
EXPERIENCE
DESK AGENT 2000
Pinnacle Consulting Management Group,Inc. Round Rock, TX
Assigned as Desk Agent on projects underway for the City of Round Rock and the Texas
Turnpike Authority. Responsibilities include administration functions associated with the
acquisition and relocation of parcels for both entities.
LEGAL ASSISTANT 1989-2000
Texas Department of Transportation Austin, TX
Right of Way Division,Legal Section- Processed time-sensitive reviews of Commissioners'
Awards, settlement proposals and jury trial verdicts, contacted Attorney General's office and
District offices,as necessary. Tracked refunds due the State for annual report to audit. Drafted,
edited and/or reviewed various items of correspondence,legal documents,reports. Logged and
processed administrative settlement submissions from Districts. Coordinated with AG's office
and Districts on scheduling of pre-mediation conferences and mediations. Maintained database
on medication results. Screened and directed incoming calls. Sorted and distributed sections
mail. Maintained legal library. Performed legal research.
Minute Order Coordinator: Coordinated and transmitted Division's monthly agenda for
Texas Transportation Commission approval. Reviewed Divisions Minute Orders for accuracy.
Advised and/or assisted Division employees in the preparation/assembly of Minute Order
packages. Compiled briefing book for Division Director's agenda approval meeting with
Administration.
Legislative Tracking Coordinator: During legislative sessions,responsible for creating and
maintaining tracking chart of legislation assigned to Division. Maintained files for each reviewed
bill, cross-referencing to prior sessions as needed. Assisted with research and responses as
needed. Responsible for final compilation and retention of legislative files. Assisted in creation
and maintenance of Administration required "action plans" of passed legislation relating to
Division.
OFFICE MANAGER/SALES 1981-1989
Dan's Office Equipment,Inc. Austin, TX
Responsible for accounts receivable,including monthly billing,working past due accounts,daily
PI iV N^T CLE
Resume-Penny L. George
Page 2
and monthly income reports, deposits. Maintained machine and supplies inventory records.
Reorganized and maintained maintenance agreement renewal records. Provided technical
support by trouble-shooting machine problems by telephone and over-the-counter. Responsible
for sales and leases of typewriters,dictation equipment and calculators. Trained customers in the
use of the equipment. Communicated effectively with customers and vendors by telephone,mail
and in person.
MAP WORKER/SECRETARY 1972-1981
Coggeshall Map Service,Inc. Alamo, TX
Performed exacting work on street maps,including drawing,typing and paste-up of street names
and highway numbers,street indexes and legends,typesetting and paste-up of customer's ad copy
on the map, proofreading all copy before going to press. Responsible for customer
correspondence and telephone contact with existing and potential subscribers to the map service.
Maintained accurate records concerning the acquisition of information for the maps.
Supervised the upkeep of bulk mailing lists. Assisted with accounts payable and receivable and
payroll.
EDUCATION
High School Graduate
Computer Courses including Word and Excel
PI iV 1V�CLE
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DATE: January 3, 2001
SUBJECT: City Council Meeting—January 11, 2001
ITEM: 13.E.1. Consider a resolution authorizing the Mayor to execute an
agreement with Pinnacle Consulting Management Group, Inc.for
real estate acquisition services concerning the right-of-way for A.W.
Grimes Boulevard. The proposed agreement includes services for the
purchase of right of way and easements necessary for the construction
of A.W. Grimes Boulevard from owners in the Round Rock East
unrecorded subdivision. The agreement includes appraisal of the
properties and negotiations with the owners for the purchase of the
right of way and easements. The proposed cost for the services is
$25,000.00.
Resource: Jim Nuse, Public Works Director/Tom Word, Traffic Engineer
History: A. W. Grimes Boulevard is a new arterial included in the adopted Round Rock
Transportation Master Plan. The project is also included in the current Transportation
Capital Improvements Program as adopted by the Round Rock Transportation System
Development Corporation and by the Round Rock City Council. The right of way to
be purchased through this agreement is a part of the right of way required for the
City's Phase I Construction Project for A.W. Grimes Boulevard.
Funding:
Cost: $25,000
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: Pinnacle Consulting Management Group, Inc.
Impact: No residential buildings are located within the right of way to be acquired.
Benefit: The completion of Phase 1 and Phase 2 of this project will provide a much needed
north/ south arterial across Brushy Creek, and will greatly improve mobility for the
citizens of Round Rock. Additionally, the arterial will enhance access to Stony Point
High School for those students living south of Brushy Creek.
Public Comment: A public hearing for this project was held on July 11, 2000 at Kinningham
Recreation Center.
Sponsor: N/A