Village Of Salado REGULAR BOARD OF ALDERMEN MEETING SALADO MUNICIPAL BUILDING 301 N. STAGECOACH, SALADO, TEXAS OCTOBER 3, 2024,6:30P.M. THIS WILL BE AN IN-PERSON MEETING THAT WILL ALSO BE AVAILABLE VIRTUALLY USING YouTube YOU CAN ACCESS THE MEETING FROM YOUR COMPUTER, TABLET OR SMARTPHONE USING THE FOLLOWING LINK: www.youtube.com/@Vilageofsalado SCANCODE Jointhe metingsminutebelore, postedstarttime. AGENDA CALL TO ORDER CALL OF ROLL INVOCATION OCTOBER 3, 2024, 6:30 P.M. VILLAGE SECRETARY MAYOR BERT HENRY PLEDGE OF ALLEGIANCE /SALUTE TO THE TEXASFLAG 1. PUBLICCOMMENIS THE BOARD OF ALDERMEN WELCOMES COMMENTS FROM CITIZENS ON ISSUES AND ITEMS OF CONCERN NOT ON THE AGENDA. THOSE WISHINGTO SPEAK MUST SIGN IN BEFORE THE MEETING BEGINS AND OBSERVE A FIVE (5) MINUTE TIME LIMIT WHEN ADDRESSING THE BOARD. SPEAKERS WILL HAVE ONE (1) OPPORTUNITY TO SPEAK DURING THIS TIME-PERIOD. SPEAKERS DESIRING TO SPEAK ON AN AGENDA ITEM WILL BE ALLOWED TO SPEAK WHEN THE AGENDA ITEM IS CALLED. INQUIRIES ABOUT MATTERS NOT LISTED ON THE AGENDA WILL EITHER BE DIRECTED TO STAFF OR PLACED ON AFUTURE AGENDA FOR ALDERMEN CONSIDERATION. 2. CONSENT AGENDA (A) APPROVAL OF MINUTES OF SEPTEMBER 19, 2024, REGULAR BOARD OF ALDERMEN MEETING. 3. DISCUSS AND CONSIDER POSSIBLE ACTION REGARDING ANY ITEM REMOVED FROM THE CONSENT AGENDA 4. STATUS REPORTS (A) VILLAGE ADMINISTRATORS REPORT UPDATE ON STORM WATER POLLUTION PREVENTION PLAN AT UPDATE ON CITY PERMITS REGARDING SALE OF ALCOHOLIC UPDATE ON ALLEGED VIOLATIONS OF ZONING DISTRICT CONSTRUCTION SITES BEVERAGES 5. PUBLIC HEARINGS (A) HOLD A PUBLIC HEARING AND CONSIDER THE CREATION OF THE MUSTANG SPRINGS PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE. (B) HOLD A PUBLIC HEARING ON THE SALADO SANCTUARY PHASE 1A REPLAT. 6. DISCUSSION AND POSSIBLE ACTION (A) DISCUSSION AND POSSIBLE ACTION ON APPROVING SALADO SANCTUARY PHASE 1A REPLAT. (B) DISCUSSION AND POSSIBLE ACTION ON APPROVING HAWKS LANDING (C) DISCUSSION AND POSSIBLE ACTION ON AWARDING A GRANT FROM THE HOTEL OCCUPANCY TAX FUND TO THE SALADO MUSEUM AND COLLEGE PARK AND/OR THE SCOTTISH GATHERING AND HIGHLAND FINAL PLAT. GAMES, AS DETERMINED APPROPRIATE. (D) DISCUSSION AND POSSIBLE ACTION ON A PROPOSED IH-35 WEST SIDE OVERLAY DISTRICT, A PROPOSED ZONING DISTRICT WITH THE WS PREFIX DESIGNATION. (E) DISCUSSION AND POSSIBLE ACTION ON FEDERALLY FUNDED PROGRAMS GRANT AWARDS THROUGH THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION: (a) ROYAL STREET (b) MILL CREEK (c) WILLIAMS ROAD (F) DISCUSSION AND POSSIBLE ACTION ON GRANT AWARD FOR FISCAL YEAR 2023 CONGRESSIONALLY DIRECTED SPENDING/COMMUNITY PROJECT FUNDING GRANTS PROGRAM FOR WATER PROJECTS MPLEMENTATION GUIDANCE, SPECIFICALLY THE $1.5M FOR THE PURPOSE OF WASTEWATER TREATMENT PLANT EXPANSION. (G) DISCUSSION AND POSSIBLE ACTION ON FEDERAL APPROPRIATIONS AWARD THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR WEST VILLAGE ROAD DEVELOPMENT PROJECT, GRANT NUMBER B-24-CP-IX-2053. (H) DISCUSSION AND POSSIBLE ACTION ON RESCINDING/REPEALNG THE RESOLUTION APPROVED ON APRIL 6, 2023, ON PROHIBITION OF FIREARMS INTO THE ROOM OR ROOMS OF ANY MEETING SUBJECT TO DISCUSSION AND POSSIBLE ACTION ON NOMINATING MAYOR BERT HENRY TO THE CENTRAL TEXAS COUNCIL OF GOVERNMENT (CTCOG) AS A REPRESENTATIVE OF SMALL. CITIES UNDER 12,500. CHAPTER 551, TEXAS GOVERNMENT CODE. (1) (J) DISCUSSION AND POSSIBLE ACTION ON APPROVING RESOLUTION NUMBER R2024-06, A RESOLUTION SUPPORTING THE CREATION OF A WATER AUTHORITY FOR OUR CENTRAL TEXAS REGION AS A MEANS AND AS A COMMITMENT TOWARD SECURING OUR WATER FUTURES AND ADDRESSING THE PRESSING NEEDS OF GROWTH, DEVELOPMENT, AND PUBLIC SAFETY. ADJOURNMENT NOTE THE BOARD OF ALDERMEN MAY RETIRE INTO EXECUTIVE SESSION AT ANY TIME BETWEEN THE MEETING'S OPENING AND ADJOURNMENT FOR THE PURPOSE OF DISCUSSING ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE INCLUDING, BUT NOT LIMITED TO, HOMELAND SECURITY PURSUANT TO CHAPTER 418.183 OF THE TEXAS LOCAL GOVERNMENT CODE; CONSULTATION WITH LEGAL COUNSEL PURSUANT TO CHAPTER 551.071 OF THE TEXAS GOVERNMENT CODE; DISCUSSION ABOUT REAL ESTATE ACQUISITION PURSUANT TO CHAPTER 551.072 OF THE TEXAS GOVERNMENT CODE; DISCUSSION OF PERSONNEL MATTERS PURSUANT TO CHAPTER 551.074 OF THE TEXAS GOVERNMENT CODE; DELIBERATIONS ABOUT GIFTS AND DONATIONS PURSUANT TO CHAPTER 551.076 OF THE TEXAS GOVERNMENT CODE; DISCUSSION OF ECONOMIC DEVELOPMENT PURSUANT TO CHAPTER 551.087 OF THE TEXAS GOVERNMENT CODE; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. CERTIFICATION Ihereby certify the above Notice of Meeting was posted on the Bulletin Board at the Salado Municipal Building by August 30, 2024, by 5:00 p.m. Debra Bear Debra Bean, City Secretary The Village of Salado is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Please contact Debra Bean, City Secretary at 254-947-5060 fori information. Hearing-impaired or speech-disabled persons equipped with telecommunication devices may utilize the statewide Relay Texas Program at 1-800-735-2988. Agenda Item # 1 and 2 Date Submitted: Agenda Date Requested: October 3, 2024 Agenda Item: Public Comments and Consent Agenda Project/Proposal Summary: 1. PUBLIC COMMENTS THE BOARD OF ALDERMEN WELCOMES COMMENTS FROM CITIZENS ON ISSUES AND ITEMS OF CONCERN NOT ON THE AGENDA. THOSE WISHING TO SPEAK MUST SIGN IN BEFORE THE MEETING BEGINS AND OBSERVE A FIVE (5) MINUTE TIME LIMIT WHEN ADDRESSING THE BOARD. SPEAKERS WILL HAVE ONE (1) OPPORTUNITY TO SPEAK DURING THIS TIME-PERIOD. SPEAKERS DESIRING TO SPEAK ON AN AGENDA ITEM WILL BE ALLOWED TO SPEAK WHEN THE AGENDA ITEM IS CALLED. INQUIRIES ABOUT MATTERS NOT LISTED ON THE AGENDA WILL EITHER BE DIRECTED TO STAFF OR PLACED ON A FUTURE AGENDA FOR ALDERMEN CONSIDERATION. 2. (A) CONSENT AGENDA APPROVAL OF MINUTES OF SEPTEMBER 19, 2024, REGULAR BOARD OF ALDERMEN MEETING. Agenda Item # 3 and 4 Date Submitted: Agenda Date Requested: October 3, 2024 Agenda Item: Consent Agenda items moved to #3 and Status Reports Project/Proposal Summary: 3. DISCUSS AND CONSIDER POSSIBLE ACTION REGARDING ANY ITEM REMOVED FROM THE CONSENT AGENDA 4. (A) STATUS REPORTS VILLAGE ADMINISTRATORS REPORT UPDATE ON STORM WATER POLLUTION PREVENTION PLAN AT UPDATE ON CITY PERMITS REGARDING SALE OF ALCOHOLIC UPDATE ON ALLEGED VIOLATIONS OF ZONING DISTRICT CONSTRUCTION SITES BEVERAGES nttps,/www.tceg.texas.gowpermitingstormwatercconstructionIkR15.rules.htmt State and Federal Rules for Stormwater Discharges from Construction List of rules in 301 TAC. Texas Water Code, etc.. affecting stormwater discharges from construction activities. Those who discharge stormwater from construction activities into surface water in the state (HTML) must be familiar with Activities state and federal rules, among them: TCEQ General Permit TXRI50000. relating to discharges from construction activities Section 26.040. Chapter26. General Permits (HTML). Water Quality Control, Water Administration, Texas Water Code Chapter 205 (HTML), General Permits for Waste Discharges, Title 30.Texas Administrative Code (HTML) Section 305.44 (HTML), Signatories to Reports, Application for Permit or Post-closure Order, Title 30, Texas Administrative Code Section 305.128 (HTML), Signatories to Reports, Permit Characteristics and Conditions Rule, Title 30, Texas Administrative Code Section 305.541 Section 122.2 (HTML), Effluent Guidelines and Standards for TPDES Permits, Title 30, Texas Administrative Code (Federal Definitions Applicable tol NPDES Program) of Title 40. Code of Federal Regulations (HTML) Section 122.26 (Federal Rules Applicable to State NPDES Storm Water Permits) ofTitle 40, Code of Federal Regulations Section 122.28 (Federal Rules Applicable to State NPDES General Permits) of'Title 40, Code of Federal Regulations 40CFRPart450 (Construction and Development Point Source Category)otTitle 40, Code of Federal Regulations Contact us ifs you have questions. Agenda Item # 5 Date Submitted: Agenda Date Requested: October 3, 2024 SAL Agenda Item: Public Hearing(s) Project/Proposal Summary: 5. (A) PUBLIC HEARING(S) HOLD A PUBLIC HEARING AND CONSIDER THE CREATION OF THE MUSTANG SPRINGS PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE. PHASE 1A REPLAT. (B) HOLD A PUBLIC HEARING ON THE SALADO SANCTUARY Agenda Item # 6A Date Submitted: Agenda Date Requested: October 3, 2024 SA Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (A) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON APPROVING SALADO SANCTUARY PHASE 1A REPLAT. Note: Public Hearing on the Replat Application of the Salado Sanctuary Phase 1A, a Replat of Block R a 1.745-acre tract of land and Block S a 1.154-acre tract of land of Document No. The purpose of the replat is to adjust the lot lines to fit the homes designs within the angled The public notice was posted in the newspaper and notification letters were mailed out to 20220-42431, Salado Texas. building setbacks due to the curved shape of the lots. property owners within two hundred (200) feet of the lots to be replatted. The contracted city engineer MRB Group has completed the review and finds the submission meets the Village of Salado's subdivision requirements. The Village of Salado received no public comments. MRB group www.mibgroup.com September 4, 2024 Mr. Manuel De La Rosa, Village Administrator Village of Salado 301 N. Stagecoach Rd. Salado, TX76571 RE: SANCTUARY PHASE 1A REPLAT--REVIEW, COMMENTS MRB PROJECTNO. 1963.22000.000 Mr. De La Rosa: MRB Group has completed our review of the referenced project and finds the submissionmeets the Village of saiadossuDdiysionrequremen's, Please contact me if you have any concerns or questions. Sincerely, Su Finglattu Lee Lingenfelter, PE,CFM Project Manager Review Comments.docx MA19632200000X0 Plat and Plan Reviews)50 Sanctuary Phase IA12024-09-04 Sanctuary Phase IA 303W. Calhoun Avenue . Temple, TX 76501 254-771-2054 TBPEFim Reaistration Number F-10615 Agenda Item # 6B Date Submitted: Agenda Date Requested: October 3, 2024 SA Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (B) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON APPROVING HAWKS LANDING FINAL PLAT. Note: Hawks Landing is a plat of 17.00-acre tract SITUATED IN THE F. MADRIGAL SURVEY, ABSTRACT NO. 554, BELL COUNTY, TEXAS, BEING ALL OF THE CALLED 17.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO MEL3, LLC, RECORDED IN INSTRUMENT NO. 2021041224, DEED RECORDS OF BELL COUNTY, TEXAS. *Special notes on the plat: Note # 6. Water service for all the lots (4) is to be private well. Clearwater Underground Water Conservation District is designated as the final authority regarding the use of private Note # 9. THE PROPERTY OWNERS WILL BE RESPONSIBLE FOR THE MAINTENANCE OF THE COMMONLY SHARED DRIVEWAYS LOCATED WITHIN THE PRIVATE wells. Approval letter attached. PASSAGE EASEMENTS. *The water service is what slowed down the development from the submittal date. To include The contracted city engineer MRB Group has completed the review and finds the submission meets the Village of Salado's subdivision requirements. Approval letter attached. the testing of the wells were on hold due to a drought in Bell County. Advancing Communities MRB Group September 17, 2024 Village of Salado 301 N. Stagecoach Rd. Salado, TX76571 Mr. Manuel De La Rosa, Village Administrator Ra HawksLanding Final Plat-Review Comments MRB Group Projact No: 1963:22000.000 Dear Mr. Del La Rosa, MRB Group has completed our review oft the referençed project and finds the submission meets the Village of Salado's subdivision requirements. Please contact me if you have any conçerns or questions. Sincerely, San - Cinylatlu Lee Lingenfelter, PE, CFM Project Manager Plat Review Comments. .docx N1963.22000. 000110 Plat and Plan Reviewsi11 Hawks LandingiThird Submita12024-09-17 Hawks Landing Final 303W. Calhoun Ave, Temple, TX76501 . (254)771-2054 Plat Attesting Form PLAT ATTESTING FORM Title 30 Texas Administrative Code, Section 230.1(c)(2) (30 TAC 230.1(c)(2)) Name of Proposed Subdivision: Hawks Landing Property Owner's Contact Information Name: Mel3 LLC Phone:254-535-6186 Address: 3402SWS YOUNG DR KILLEEN, TX 76542 Email or Fax: micnael@linnemannrealy.com Plat Applicant's Contact Information Name: Michael Linnemann Phone: 254-535-6186 Address: 2205 Sunrise Dr, Belton, TX 76513 Email or Fax: michael@linnemannreally.com Certification Statement: "I, Michael Linnemann (TAC), Chapter 230." the Plat Applicant, attest that the following information has been provided in accordance with Title 30, Texas Administrative Code Has the Plat Attesting Form and the Certification of Groundwater Availability for Platting Form (Figure: 30 TAC 230.3(c)) been provided to the following? Please mark "YES" or "NO" for each of the following: Municipal or county authority Executive administrator of the Texas Water Development Board (TWDB) 3. Applicable groundwater conservation district(s) EYES Name of GCD(s) - indicate N/A if not applicable: Clearwater Underground Water Conservation District 1. 2. DYES DYES ONO ONO ONO Hase copics of the miermation, estinatns, dot.ralcaations. deterttsations, anct sisigmantsixen proridedsos e put loving? Peese isark "YES"or NG 1Gr each of rhe flont Clearwater Clearwater Underground Water Conservation District P.0. Box 1989, Belton, Texas 76513 Phone: 254/933-0120 Fax: 254/933-8396 www.cuwcd.org Every drop counts! Leland Gersbach, President Jody Williams, Vice President C.C Gary Young, Secretary Scott A. Brooks James Brown Memo Signature Required To: Gorge Meza meaaquncroeng.com From: Dirk Aaron daaron@cuwed.org General Manager CC: Whitney Ingram wingram@cuwedorg Corey Dawson dawson@uwed.org Bryan Neaves bryanneaves@belcountylexasgovy Malcolm Miller malcolm.milerabelcoumty.lexasgov Michael Linnemann michael@linnemannreally.com Date: 9/4/2024 Re: Proposed Hawks Landing Subdivision Michael Linnemann, owner of the proposed Hawks Landing subdivision, submitted three applications to Clearwater Underground Water Conservation District (CUWCD) on March 28, 2024, for a combination drilling and operating permit to complete three new wells (N3-24-005P, N3-24-006P, N3- 24-007P) for domestic use of0.3 acre-feet'year or 98,550 gallons/year from each well totaling 0.9 acre- The proposed subdivision at Property ID: 73492 is 4 tracts totaling 17 acres. Lot 4 Block One is a proposed 10.2-acre tract with an existing well (E-23-012P). Lots 1 through 3 are approximately 2.12to 2.14acres in size thus each loti is eligible for ai non-exempt well per the N3 Drilling and Operating Permit This proposed subdivision necessitated a groundwater availability certification under Chapter 230 and required by Bell County ift the proposed subdivision has no access to public water supply. On August 9, 2023, the Board reviewed a request to allow a single well pump test in place of the Groundwater Availability Certification (GAC) requirement, for the purpose of subdividing Bell CAD Property ID: 73492. The request Was approved with the stipulations that the pump test be delayed until sufticient water is available and that they provide documentation stating that they do not have access to Icaraert Uideryronrl Hutor Conserr alion Disint EHCDH a moiltie als stbdhsion ofse S4. of Texas and wruerg pind wair conservafion EPeed, apruing sdez and by wra 4 Mele 7 Section 57, al the Texas Constituion, Texas Water Code Chapter 36: the District's Ahhingac Be Mns .1999 7P Legi afun: Regb Secfon Chapar 524 fhivse Bi3172), as amendedby ictofApril 25, 2001. 77. Legislature, Res Sesit. thpien 23 Senale Bi/i icrola - 22. gisiatne Regniir Seision. Chapler 64 (Senale Bill 17551. and. aet of May 27. 3073 AwLA., 4. KeymurSesu Chans 1146 SioeySaw 3;5 1336omlabus districss hi7e: und the applic uble generai laws of the State of feet/year or 295,650 gallons/year. application. F wlafh, mr /HeilCowy Ingvr.Tvo Clearwater Underground Water Conservation District P.0. Box 1989, Belton, TX 76513 Clearwater Undaigioun!! Holer (onsevation Dsiki Erery drop counts! 254-933-0120 Combination Driling/operating Permit Permit No: 0-24-224 Owner/Permittee: Michael Linnemann Mailing Address: 2205 Sunrise Drive Belton, TX 76513 WellLocation: 2.14-acre tract known as Hawks Landing, Lot 1, BIk. One Latitude: 30.93679 Longitude: -97.49718 District Well No: N3-24-005P State Well No: Terms: Permit expires December 31, 2024. this agreement to revocation. Failure to abide by District/State rules and special provisions ofissuance, will subject Permitted Annual Withdrawal: 98,550 gallons per year or .3 ac-ft/year Aquifer: Use: Edwards BFZ Aquifer Domestic Use Edwards BFZ Management Special Provisions: Upon installation ofaj pump, require the well driller or pump installer to install a removable plug within the sanitary seal to allow clear access into the well for water level measurement by the District. Require installation ofa a meter at the well head for monthly production reporting to the District. Failure to abide by these agreed upon provisions subjects this permit nonrenewal and revocation ofs said permit. This Pamitsterb, ISS - day Agust.2024 9K2aNAMAgeT Clearwater Underground Water Conservation District P.0. Box 1989, Belton, TX 76513 Clearwater UndergiduneVe CnSRMDIETK: Erery drop.counts! 254-933-0120 Combination Drilingoperating Permit Permit No: 0-24-225 Owner/Permittee: Michael Linnemann Mailing Address: 2205 Sunrise Drive Belton, TX 76513 WellLocation: 2.14-acre tract known as Hawks Landing, Lot 1, Blk. One Latitude: 30.93733 Longitude: -97.49698 District Well No: N3-24-006P State Well No: Terms: Permit expires December 31, 2024. this agreement to revocation. Failure to abide by District/State rules and special provisions ofissuance, will subject Permitted Annual Withdrawal: 98,550 gallons per year or .3 ac-ft/year Aquifer: Use: Edwards BFZ Aquifer Domestic Use Edwards BFZ Management Special Provisions: Upon installation ofa pump, require the well driller or pump installer to install a removable, plug within the sanitary seal to allow clear access into the well for water level measurement by the District. Require installation ofa meter at the well head for monthly production reporting to the District. Failure to abide by these agreed upon provisions subjects this pennit nonrenewal and revocation of said permit. This Permit is hereby issuedtais 14h.day of Augusi 2024. ule Gas DAAD W Gasralatasr Clearwater Underground Water Conservation District P.0. Box 1989, Belton, TX 76513 Clearwater Underground Water Conserstion Distric: Erery dropo counts! 254-933-0120 Combination Driling/Operating Permit Permit No: 0-24-226 Owner/Permittee: Michael Linnemann Mailing Address: 2205 Sunrise Drive Belton, TX 76513 Well Location: 2.14-acre tract known as Hawks Landing, Lot 3, Blk. One Latitude: 30.93793 Longitude: -97.49684 District Well No: N3-24-007P State Well No: Terms: Permit expires December 31, 2024. this agreement to revocation. Failure to abide by District/State rules and special provisions ofissuance, will subject Permitted Annual Withdrawal: 98,550 gallons per year or. 3 ac-ft/year Aquifer: Use: Edwards BFZ Aquifer Domestic Use Edwards BFZ Management Special Provisions: Upon installation ofaj pump, require the well driller or pump installer to install a removable plug within the sanitary seal to allow clear access into the well for water level measurement by the District. Require installation ofa meter at the well head for monthly production reporting to the District. Failure to abide by these agreed upon provisions subjects this permit nonrenewal and revocation of said permit. This Permit is hereby issued this 14t day of August 2024. lon. By: General Manayer k Dk Aaron Agenda Item # 6C Date Submitted: Agenda Date Requested: October 3, 2024 Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (C) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON AWARDING A GRANT FROM THE HOTEL OCCUPANCY TAX FUND TO THE SALADO MUSEUM AND COLLEGE PARK AND/OR THE SCOTTISH GATHERING AND HIGHLAND GAMES, AS DETERMINED APPROPRIATE. Village of Salado, Texas HOTEL OCCUPANCY TAX FUNDING APPLICATION FOR EVENTSIPROJECTS June 1, 2024 and December 30,2024 2024 Date Appliçation received (Tol be completed by City Stafl): Official Name pfOrganization/Enity: Salado Museum and College Park Organization/Entity Mailing Address: P.O. Box 36, Salado, TX 76571 Organization/Entily website: saladomuseum.org Name and Title of Person authorized to act on behalf of Organization/Entity for this application ("Applicant"): Lynette Jones, Executive Director IsOrganization Entity a non- profit? Yes Date Organization/ Entity Founded: 1959 Organization/Entity Phone: 254-947-5232 Organization/Entity Email: dreder@sabconmuseunoy SECTION A-FUNDING REQUEST DESCRIPTION Name ofl Project/Event: Project/Event Date(s): Salado Scottish Gathering and Highland Games November 8th, 9th & 10th Estimated number of room Estimated number of Amount of funds requested: nights that will be occupied at the annual attendance local hotels, motels, & short- at your event(s) or $10,000.00 term rentals by attendees ofyour project(s)? event(s) or project(s)?. Project/Event location(s): Salado Creekside Salado Museum & College Park Thomas Amold Elementary School Grounds 2,500 50-75 Pageiof4 In the space below, please describe each individual project/event for which funding is sought, and explain how each project/event will directly enhance and promote tourism and the hotel/motelshort The following is an excerpt from the program of the first Gathering of the Scottish Clans of "Major Sterling C. Robertson, a 2nd generation removed from his Scottish emigrant ancestor, was surveying in Central Texas in the winter of 1825-26. In 1961, Mrs. Sterling C. Robertson, secretary and program chair of Central Texas Area Museum, had the "desire to constructa program under the auspices oft the CTAM, wherein each nationality active in the founding of Central Texas would be honored." She "decided that the Scots, because of the priority of their The festivai was later renamed "Salado Scottish Gathering and Highland Games." Likewise, the Central Texas Area Museum was renamed Salado Museum and College Park in 2017 when it merged with Robertson Colony, Salado College Foundation. The original Gathering saw Scottish ancestors visit from all over the state ofTexas and was the first Scottish Gathering in the: state ofTexas. It has continuously been held in Salado even as a virtual event in 2020. While originally set up to honor the Scottish ancestry, it soon became the primary event to raise funds to support CTAM as it continues today to support SMCP. With increasing cost to host the The event begins on Friday with al live music event at the museum and a Scottish fiddle performance at the Salado Middle School, then at dusk the "Calling of the Clans" on the banks Saturday moming, the TAE school grounds is filled with an entertainment tent of Scottish performers, Highland dancing, piping, drumming and Scottish athletic competitions. Food and merchandise vendors, and Scottish clan and society tents are dotted throughout the venue. At noon a parade begins at Pace Park and processes onto TAE for the opening ceremonies and recognition of the clans present. Approximately 2,500 people will attend the weekend events. Sunday morning begins with al Kirking (Scottish church service). The entertainment continues as well as a shortbread contest, bonniest knces and pet parade around the grounds. This massive event does not just happen. The SMCP office manager and executive director along with committees begin planning as soon as the event ends on Sunday afternoon. More than half of the office managers job and: a fourth of the executive direçtor's time is spent The $10,000.00 requested is used to expand and maintain the attendees that continue to make thet trip to Salado on the second weekend in November. The past successes continue to bring returning participants and attendees and without this event, SMCP would be in danger ofnot having funds to continue to operate thei important history museum and event center. term rental (STR) industry in the Village of Salado: Texas in 1961 (a copy is atlached): arriva! in the region, should be accorded priority ofrepresentation." event, it is more difficult to see enough income to fully support SMÇP. ofSalado Creek followed by a Friday evening social. organizing the event. Page 2of4 SECTIONB-I FUNDING CATEGORIES AUTHORIZED BY TEXASI LAW (Please indicate which funding categories are applicable to your projectevent - multiple categories may be selected) Check box below XJ X I.Advertising and promotional programs to attract tourists 2.E Kmaadawe visited historic sites and museums 3. Historical restoration and preservation projects, advertising to encourage tourists to 4. Sporting events for which the majority of participants come from out oft town SECTION C- ASSURANCES The Applicant hercby certifies to the Village of Salado that, to the best of the Applicant's) knowledge and . Project(s)event(s) for which financial assistance is sought willl be administered in accordance with 2. HOT funds received as a result of this application will be used solely for the projects)event(s) 3. Appliçant has read, understands, and will conform to the' Village HOT Guidelines; and 4.1 Figures, facts and representations made in this application, including any attachments hereto, are true belief, the: Federal, State, and local law; described herein; and correct. Receipt ofany HOT funds awarded pursuant tot this application is conditioned upon the execution ofal Hotel Occupancy Tax Grant Agreement with the Village. PLEASE. ATTACHTO. APPLICATION: 1. Copy of the organization/entity IRS 501(c)(3) ruling letter, ifapplicable. 2. Ifyou cannot provide an estimated number of room nights to be occupied at local hotels, motels, short term rentals, or bed and breakfast inns by attendees of your project/event, or ifyou cannot provide an estimated number of attendees of your project/event, please attach an explanation of why your project/event prevents you from estimating the number oflocal room nights or attendees for your event(s) or project, PLEASE, MAKE SURE ALL HOT REPORTSTHAT AREI DUE FOR THE. PREVIOUS YEAR HAVE BEEN SUBMITTED. Page 3 of4 Applicant Signature: Date signed: Chunts Omu Applicant Name &Title (print or type): 8l27la4 Applicant Phone (ifd different from phone# listedo on page 1): 254718-0820 from e-mail address listed on pagel 1): Lynelle Snes.exerduabirder Applicant Address (ifdifferent from Mailing Address listed on Applicant E-Mail Address (ifdifferent page 1): CITYUSE ONLY Date Received the Application City Attorney's Comments Convention and Visitor Bureau Comments Previous Year's Final Report Filed Page40 of4 Dopartment oft tho Treasury IRSI Intorns! Revenuo Service PHILADELPHIA PA 19255 In reply refer to: 3552240031 May 14, 2024 LTR 4168C 0 74-1369313 000000 00 00056170 BODC: TE SALADO MUSEUM AND COLLEGE PARK INC 423 $ MAIN ST SALADO TX 76571-6244 037479 Employer ID number: 74-1369313 Form 990 required: Yes Dear Taxpayer: tax-exempt status. We're responding to your request dated May 07, 2024, about your We issued you a determination letter in September 1960, recognizing you as tax-exempt under Internal Revenue Code CIRC) Section 501(c) We also show you're not a private foundation as defined under IRC Section 509(a) because you're described in IRC Section 509(a)(2). Donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified to receive tax deductible bequests, legacies, devises, transfers, or gifts under IRC Sections 2055, 2106, In the heading of this letter, we indicated whether you must file an annual infornation return. If you're required to file a return, you must file one of the following by the 15th day of the 5th month after (3). and 2522. the end of your annual accounting period: Form 990, Return of Organization Exempt From Income Tax Form 990EZ, Short Form Return of Organization Exempt From Income Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or Form 990-EZ Form 990-PF, Return of Private Foundation or Section 4947(a)01) Tax Trust Treated as Private Foundation According to IRC Section 6033(j), if you don't file a required annual information return or notice for 3 consecutive years, we'1l revoke your tax-exempt status on the due date of the 3rd required return or You can get IRS forms or publications you need from our website at Mww.irs.gov/forms-pubs or by calling 800-TAX-FORM (8DD-829-3676). If you have questions, call 877-829-5500 between 8 a.m. and 5 p.m., local time, Monday through Friday (Alaska and Hawaii follow Pacific notice. The museum has booked 40 rooms, 201 for Friday and 201 for Saturday. These are the rooms we pay for.1 The rooms are forj judges, entertainers and other key peopie that help at the Gathering each Thel Holiday Inn also reserves 20-30 rooms for people attending the Gathering- These will include the attending clans and societies that attend almost everys year. There are also several of the food and merchandise vendors who stay Friday and Saturday night. Iknow the Days Inn also has year. attendees stay ati their facility. The 2,500 number is based on the number of tiçkets sold before and during the event. Attendees will also include approximately 175 participants int the piping, drumming, dancing and athletic events. There are approximately 250 clan/society participants thet set up around 601 tents and provide information about the heritage of their families. We also provide the merchandise and food vendors with 2tickets to the event. That number will be about! 50. We promote the Gathering and Salado through our advertising starting in January each year. I've attached a copy of some of the ads from Jan-May. In addition to these ads, starting in July we will focus our ads ini the Village' Voice on the Gathering. We are also putting ads in thel Fort Cavazos newcomers' editions in thet fall. We also print rack cards and posters specific tot the Gathering. We also use our Texas Brazo's Trail partner, Pameta Anderson, who promotes our event throughout Texas using thei rack cards. Our website promotes the event the year round. There are two websites that land ont the same site: saladomuseum.org: and saladoscotianethalom. We also have a Facebook and Instagram page that we pay for boosted coverage starting in October. While the ads focus ont the Gathering, Salado, TX appears in every single ad and social media post we produce. MUSEUM ADVERTISING EXPENSES 2024 (as of 05/30/24) KILLEEN DAILY HERALD: Memorial Day Special Section 1/8 pg. ad in each for Museum: TOTAL COST $260 Published in newspaper May 16-18 and May 22-27 TEMPLE DAILY TELEGRAM = COMMUNITY GUIDE Armed Forces Special Section museun, Satherins ' museu " galarins Quarter page ad for Museum: COST $440 Publishes June 30 CELTIC LIFE INTERNATIONAL MAGAZINE 2ISSUES 1Quarter-pg. ad in each for Gathering: TOTAL COST: $500 Summer & Fall Issues Package Publishes July, Aug, Sept and Oct, Nov, Dec ale gelanin Includes print/digital magazine ads - Digital ad in special digital edition - 200-word event profile with photo in magazine - banner ad on website - inclusion in digital newsletter - listing on online events calendar $ 2024 850 - Jan- mas Holidoylnn # Express Inquiry # GUARANTEED RATE CONTRACT BLOCKI NAME: Scottish Festiva12024 BLOCKCODE:D24 ÇONTACT: LynetteJones EMAIL: Aomemeg STARIDATEIISD MEETING ROOM: YES XNo PHONE: 254719- 0S20 Quantity K/10 QQ/10 K/10 QQ/10 Date 11-08-2024 11-09-2024 Day Friday Saturday Room Types K-$159.99 QQ-$169.99 K-$159.99 QQ-$169.99 40 boookes fcoms RATE: Thel hotel will honor the contract rate plus state and city tax as long as the hotel bas the room and room type available in the guaranteed block and the reservation is made before the cutoff date. The hotel providesa complimentary! HOT deluxe breakfast (Mon-Fri 6:30 am to 9:30 am, Sat-Sun & Holidays 7:00am -10:00 am). The CHECK-IN time is at 3:00 pm and CHECK- OUT time is by 11:00 am on the day of departure. Initial: RESERVATION: Group Block party can ONLY call the Holiday Ina Express, Salado at 254-947-4004 toi individually make reservations within the block. The block name Scottish Festival 20240Rblock code D24 are required to be mentioned by your party, to make a reservation with the guaranteed group block rate. *Failure to mention this information while booking directly with our property, can result inj your party missing out on the block's special rate.* CUT-OFF dp DATE: Scottish Festival 202 Group, can make or cancel any rooms with no PENALTY inside of the block by 10-18-202411:Sum. After this date, whatever rooms are not allocated willl be released back into the hotel's inventory and the group block will be locked out from booking any more discounted rates. Ifthe contact is needing more rooms, past this date, the hotel is able to provide $20.00 off the hotel's "BEST FLEXIBLE. RATE". md 1991 North Stagecoach Rd, Salado TX,76571 e-mail: salei@hiesalado.com Phone: 254/947-4004 Fax: 254/947-8831 Website: w.hepresemalndotn # 8 > 8 Agenda Item # 6D Date Submitted: Agenda Date Requested: October 3, 2024 Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (D) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON A PROPOSED IH-35 WEST SIDE OVERLAY DISTRICT, A PROPOSED ZONING DISTRICT WITH THE WS PREFIX DESIGNATION. conditions imposed by the BoariofAldermen subsequently be waived or varied by the Zoning Board of Adjustments. In conform th the authority of the Board Idermen to authorize conditional uses, the Board of Alder may waive or modify specif andards otherwise made a jcable to the use by this Ordin to secure the general objec soft this Section, provided wever. that the Board of Alderishall not waive or modify approval factor set forthi i0n3.17.E.1. G. Expiration Extension: Termination a proval ofa conditional use failure to commence developo and extension of thet time for formance for a conditional permit shall be governed H. Andment: No proposed or ing building. premise or landi e authorized as a conditional may be established, enlarged odified. structurally altered, erwise changed from that apr ed in the conditional use per Aunless such amendment is av fized in accordance with the dards and procedures set for t this Section. and the condial use permit and approved si plan are Other Regu ns: The Zoning Board of A ments shall not have jurisdicti o1 hear, review. reverse, odify any decision. determi n, or ruling with respect to specific land use J. Useegulations: Uses allowed by Conditional Use Permit are speçi din Section 4.1.E (Use by Se2.6. amended accordinp designa byany conditional use permit Charts). Section 3-18: WS, IH-35 West Side Overlay District OVERLAY AND SPECIAL DISTRICTS A. General Purpose and Description: The WS, West Side Overlay District prefix is intended to provide for the cohesive development of properties on the west side of IH-35. The WS District is envisioned as atool to help stabilize andi improve property values. to protect ande enhance the Village's attractions, to strengthen the economy and to enhance the attractiveness of the Village. The WS Overlay District allows all uses permitted in the primary base district, as identified by the B. Declaration of Policy: The Village Aldermen hereby finds and declares as a matter of public policy that the cohesive development of the west side of IH-35 is a public necessity and is required in the interest of the culture, prosperity. education and welfare of the residents of the Village of Salado. 1. To take advantage of the unique opportunity of the soon to be developed "Salado West Side" while at the same time. requiring future projects therein to be aesthetically attractive, practically Permitted Uses section of the appropriate District. The purpose ofthe West Side Overlay District is: functional and foster a safe and community-friendly environment. .District Designation: I. The Village Aldermen may designate certain land, areas, lots and districts in the Village as The West Side Overlay District (WS) and define. amend and delineate the boundaries thereof. Village of Salado, Texas 71 Zoning Ordinance 2013.08 2. The prefix WS as established by the. amending Ordinance. shall indicate the. zoning sub-district designation of those buildings. land. areas. and districts which the Village Aldermen has 3. In making the WS designation. the Planning and Zoning Commission and Village Aldermen may modify the requirements of the Zoning Ordinance. and may reduce. increase, or revise the height, yard, area, coverage. parking. and any other developmental standards, if such action is determined to be necessary for the cohesiveness ofthe WS designated property. D. Designation Criteria: In making such a designation as set forth in Section 29.3. the Village I. Transition areas: Driveways and passageways that promote an environment accommodating 2. Store frontages/facades that coordinate with each other so as to have an "architecturally 3. Green space, such as trees, grassy areas and landscaping, with sitting areas that creates an designated as a IH-35 West Side Overlay District. Aldermen shall consider one or more of the following criteria: both pedestrians and automobiles in a safe. efficient and attractive manner. cohesive" blend of storefronts. inviting "park-like" area for customers to linger and refresh. 4. Sidewalks and "theme" appropriate lighting. "good taste" by community standards. 5. Signage heights and composition should be appropriate to the height adjoining business and in 6. Salado "West Side" is in close proximity to all of the Salado schools. Therefore, to insure the safety of pedestrians, both children and adults, provisions should be made to assure pedestrian 7. West Village Road may be on the "back side" of these stores/Dusinesses. Since West Village Road is an increasingly busy roadway for locals, the "back side" of the business should be 8. The use of benches, awnings. art pieces, etc. may all be used to help create al highly funcational E. Provisions Herein Not to Affect Present Uses: Use classification as to all property which may be included in an IH-35 West Side Overlay District shall continue to be governed by the Zoning Ordinançe of the Village of Salado unless specifically adjusted and attached to the amending access to stores and other business is not in conflict with service vehicles. functional as well as aesthetically attractive. space with pleasing aesthetic values. ordinance at the time ofthe: zoning change. Village of Salado, Texas 72 Zoning Ordinance 2013.08 VilSalaio Texas FARTTHREE THEFUTURELANDUISLPLAN Based on Principle :: Provide opportunitics forc coordinated, weli plannedg growth and devclopment within thc yshakausme jurisdiction (EI) whilc maintaining ando cnhancing theVillagesheritage. and character. Thel Purpose The right of ar municipality to regulate land is rooted in its nced to protect the health, safcty and welfarc ofl local citizens. Akey document tol bc used when developing such regulation is thc Futurci Land Usc Plan, which cstablishes an overall framework for the preferred pattern of development within che Village of Salado. Specifically, thc Futurc Land Usc Plan designates various areas within citics for particular land uses, based principally on population growth, locational criteria, compatibility criteria, and a balance of land use types. Graphically depicted for usc during the development plan review process, the Futurcl Land Usc Plan should ultimately bc reflccted chrough the Village's policy and development decisions. The Futurc Land usc Plan is not a zoning map, which deals with specific development requirements on individual parcels; the zoning map should, however, be based on the FutureLand! Usc Plan. Ingencral, the Future Land Usc Plan is intended to be a comprehensive blueprint of the Salado's vision for its future land use pattern. The Recommended Pattem ofLand Uses Tables 3-1 and 3-2 list thc catcgorics of land usc by acrcage for thc Village of Salado and its ETJ. bascd upon Figures 3-1 and 3-2 (both contain the same information at different scalcs). Land uscs have bccn recommended not only for thc existing Village limits, but also withinthe VillagesETJ. Municipaliticsin Texas do not have muchl land usc control in the ETJ. and thereforc, land uses are shown for two principal purposes. Onc, if and when Salado annexes an area, the recommended use of the land is known and it can be zoned accordingly. Also, it is important to know the intended land use when enginecring studics are conducted. Knowing whether an area is likely to develop as residential or nonresidential affccts infrastructure such as roads and water and sewer lines. The following sections outline the various typcs of land uses that will help to provide a positive land use pattern in Salado with future growth and development. ThcFoundation section can be referred tol for an expanded explanation regarding the various land use detinitions. Part Threc. ThefutureLamduic-Plon Pages! msm Pl intarstate 35 Minor Alerial : Proposed Minor Arteral Major Colector Local Sueet LowDenshy Residential Medum! Densiy Residental Rotal Higho Density Residental Publc (Munictpal) P6r Punte (Church, Privsle) Golf Course Ofice Commertial Rayional Retal Mired Use Businesa Park Bed APrasklesi Ina/otel Salado Vilage Umis Satado ETJ Sinsans Future Land Use : Proposed Major Collactar Pubtc (Sdiools) w Proposed Miner Colector Parks end Opan Space Village Of Salado -n Mincr Collector Figure 3-1 Villageo "Saladoran Table 3-1 FUTURELANDUSE VllgeofSalado, Texas Land Usc Category Acres Percent of Residentiall Land (ses 50percent of theacreage withint thc Village 67percent ofthcacreagewithint the Village'sET) Residential land usc is the predominate usc within the Village Plan that this continue. It should bc noted that single family residential land uses can be buffered from nonresidential uscs through the development of medium residential land uscs. High density residential land uses can also bc used for this purpose, alchough this type of land use has not been recommended within Salado. Illustration 3-1 shows the compatibility levels of residential uses with various types of nonresidential uscs. The types of residential land uses are described in the following paragraphs. LOW-DANSIT/RESDENTAL (SINGLE-FAMILY) 43percent of thc acreage withint the Village 66percentofthc acreagewithint the Village'sETJ Land 43% 7.30% 50% 16% 4.10% 1%6 22% 1.20% 12% 0.27% 0.63% 018% 2.30% 16% 13% Low Density Medium Density ParksOpenSpuce 216.86 Public/Scmi Pnvate 53.94 Historic Public Sub-Tocal Olfice Retail Regional Retail Mixed Usc Commercial B&Bs and Inns Non-Residential Sub-Total Rights of-Way VILLAGELIMITS 564.0 96.5 10.20 281 160 154.4 3.6 8.4 2.4 30.2 215.0 169.5 currently, and ic is recommended within the Fururc Land Usc Residential Sub Total 660.5 TOTALWITHINTHE 1,326 100.00% planningprocess will likely be increased later in the comprehensive This use is representative oft traditional, single family detached ""Rights of waya arei includedi in eachland usec category dwelling units. Ofthe residential categorics, iti is recommended The amount of: acreage used for parks and open spaces that low density residential continuc co account for the largest percentage. Also, much of the land area within the ETJ has been rccommended for low density residential. Although all single family areas have been considered low density. the Village should strive for a range of lot sizcs in order to LEAST existing manufactured homes have been included within this category within thc Funurc Land Usc Plan; site built homes should replace thesc manufactured! homes whenever possiblein adequately provide for markct choicc. It should be noted that INTENSE Tow Demity Residentil Mediium Density Residental NOTE Public Semi- Publielises. Historic andBdc Breakjasts are withanysype compatible oflanduse thef future. High Dasity Residential Arcas, Or! Ptlls Casntrdl, illustracion: 3-1 MEDIUM DENSITY RESIDENTIAL (OWNHOME/DUPLEX) 730percent oft thcc acreage within the Village Ipercent oft thc acrcage within thc Village'sET) This use is representative of Cwo family, attached dwelling MOsT units, such as duplex units and townhomes. As discussed INTENSE within Thc Foundation section, there are currently medium density arcas within Salado. Ieisanticipated that new areas for CompatibiliyCompartion ofVarious Typeso ofl Land Usc Pantl Three TheFuurel Landusel Plan Page33 "Saladoran Tablc3-2 FUTURELANDUSE VilagcofsaldosEy medium density land use will bc developed in the future. Onc recommended arca is located in proximity to Mill Creck Drive and Interstate Highway 35 (just north of Salado's northern boundary). Medium density land uses provide arcas for "empry nesters", who may not want thc maintenance of a large lot single family home, and for young families, who may find a alchough the percentages of acreage that have been allocated for medium density land use wichin the Village and ETJ may seem low, the fact that these areas are dense allows them to develop on a relatively small amount ofa acreage. HIGH DENSITY RESIDENTIAL (APARTMENTHOMES) Noamagrcommalalwiint thc Village Noaragercommendw within the Village'sETJ Land Usc Category Acres Low Density Medium Density Parks/Open Space Public/Semi Public Public Sub-Total Oflicc Retail Rcgional Retail Mixed Usc Commercial Non-Residential Sub-Total Righes of Way ETJ VILAGELIMITS TOTAL. JURISDICTIONAL AREA Percent of Land 66% 1% 67% 520% 150% 6.70% 130% 5.80% 240% 8.60% 160% 20% 6.30% 100.00% 1.98200 30.10 155.70 46.20 201.90 4020 172.40 7080 256.60 47.60 587.60 189.90 townhome or duplex morc affordable. It should bc noted that Residencial Sub-Total 2,012.10 High density residential land usci is characterized by tradicional currently no high density residential arcas within Salado, but Village will experience with population growth, it is anticipated chat there may bc a market for such uscs in the furure. In responsc to this, it is intended chat some of the land allocated to Mixcd Use will be used to devclop high density residential use; the fact that no land has bcen designated solely for high density residential use is noc intended to exclude such uscs from developing in che Village or ETJ. Duc to the fact that high density developments impact concentrated areas, the following guidclines should bc considered for any future multi- The proposed multi family tract should be adjacent to a collcctor or major thoroughfarc (i.c., not directly adjacent tol local residential streers). All structures within the multi family development should be 80 percent masonry product. The tract should not be less than approximately five Ithe tract is adjacent to single family residential dwellings, transition areas (greenspace, buffer arcas, medium density development, etc.) should be Based upon the density of thc complex, an appropriate amount oft usable open space should be required. apartment- type units in attached living complexes. There are TOTAL WITHINTHE 2,991.50* with the increased nced for housing diversity that that the TOTALWTHINTHE 1,294.30 4,285.80 "This is the original ETJ screage Asa result of recent additions. the ETJ acreage Lotals approximately 28,522 acres The idencilication of land uses for the remaining acreage will occur later in the comprehensive planning will amount likely he of acreage increased used later for purks in the and comprehensive open spaces planningprocess planningprocess The process family development: acresi in size. incorporated into the project. Mlustration 32 An Existing Single Family Home inSalado (A Low Density Residentiall'se Part Thr TheFuturel Land Usc Plan Page34 Iniantale 35 Minor Arterlal - Proposedi Miner Arterial Major Colleclor Minor Collecior Local Stoet Low Densily! Residential Medlumt Denaty Residental Retsll High Densy Rasidantlal Public (Municipa) Publlc (Church, Private) Gol Course Ollcs Commeretal Regional Ratal Mied Use Business Park Beds Brcldasi Inn/Hotel Selado Vilage Umits Selade ETJ Streams Future Land Use Village Of Salado - Proposed Major Colector Public (Schools) - Propasedi Mieor Colector Paria and Open Space Figure 3-2 "salaioen ublie/Semi-Fublic Land (scs 22 percent of thc dcreage within the Villagc 6.70percent ofthed acreage within the Village'sETJ This land usc designation is representative of uses that are cducational. religious, governmental or institutional nature. Public/semi public uses are gencrally permitted within any arca; thercforc, thc arcas shown on the FutureLand Usc Plan map include the related uses that arc currently in existence. Historic arcas, park and open spacc: arcas, and clubs have alsol been designated as public/semi public. The Village, upon rccommendation from the Salado Historical Socicty, has delincated an area within which specilic regulations pertaining tol historic landmarks should bc applicd. Non-ResidentialLand Uses 16! percent oftheacreage within the Village 20 percent of the acreage within the Village's ETJ Residents of the Village of Salado have the advantage of being able to live, work and recreate all within the Village itself; the existence of nonresidential uses allowsthis. Table 3-1 shows that approximatcly 20 percent of the land within Salado's limits has been designated as nonresidential. The majority of this acrcage is allocated for retail uses. It is important to note that there has not been any recommended increase in the amount of acreage used for bed- &r breakfasts and inns; this is duc to the fact that bed & breakfasts and inns should be permitted in any arca, with the proper parking, buffcring, and access considerations taken into account. Although bed- &- breakfasts and inns are not specifically addressed within the text, Table 3-1 shows that they comprisc approximatcly 2.3 percent of the land within the Village. The following sections discuss specific aspccts of Ofice, Retail, Regiondl Rcail, Mixcd Usc, Business Park,and Commcrcial land usc dcsignations. Part7 The TheFuwrcLanlUx! Plan Page36 ERABAS A Bua Proposed Historic District Village Of Salado Proposed Historic District Salado Village Limits Streams Figure 3-3 ""Saladoran OFFICE LAND USES 120pcrcent oft thc acreage within thc Village 130percent oft fthc acrcage within thc Villagc'sETJ As mentioned within The Foundation section, there is a relatively small amount of land used for office purposcs in Salado today. However, office uscs are in keeping wich the small cown character of the community, and it is recommended that the amount of land used for office purposes be increased, as shown ont the Futurcl Landl Usc Plan map, (Figures 3-1 and 3-2). Itis not gencrally recommended that new office uses be located dircctly along major thoroughfares, such as Main Strect; most of the uses along the major thoroughfares in Salado should bc retail because oft the visibility rhat these thoroughfares provide. Inc ocher areas of Salado, office uses can be developed between residential and higher intensity land uses to provide for a positive transicion between them. When adjacent to residential uses, offices should be designed in a manner that is compatible with adjacent residential land uscs. In addition, due to the high compatibility bctween office and residential land uses, within arcas that are designated as Officc on the Futurc Land Usc Plan map, residential uscs could generally be permitted. Office uscs are also cncouraged within any area designated for Retail, Regional Rctail, or Commercial, or in arcas designated for Mixcd Usc on the Future Land Use Plan map. It should be noted that commercial land uses should nor be permitted within areas designated for Oficc uses. RETAILI LANDUSES 12percent of thc acreage withint thc Village 5.80percent ofthe acrcagc within thc Village'sETJ The Village's antique and specialty shops account for much of the cxisting retail acrcagc. Office and residential uses are interspersed throughout these retail arcas, and this is intended to continue within arcas designated for retail usc on thc Future Land Usc Plan map (Figures 3-1 and 3-2). Salado is known statewide for its unique retail opportunities, which allow pcople to shop. stay overnight, conduct personal and government-relatedi busincss, cat: at a local café or finc dining restaurant, enjoy arts/cultural facilities (such as che local muscum), and gather for community evencs and festivals all in the heart ofan The recommendations for retail uses within the Future Land Usc Plan are intended to support this uniqueness; the type of retail uses the Village has now should be used as an cxample of thc retail uses that should locate within the arcas designated for retail usc on the Futurc Land Usc Plan map, (Figure 3-1). A large amounc of acreage has been recommended for retail land use, specifically almost 12 percent of the acreage within Salado. In order to ensure chat new rerail development will be compatible wich the unique character of existing retail devclopment, the Village should consider design guidelines"for uses old Texastown. that locatc along Main Strect, suchas! " Design guidelines will be discussed in deail in the Communily Enubiliy Guidelincs section,tohea added lters withn thec compichensive planningprocess Partl Three: TheF Future Land Usel Plan Page 38 Villageo "Saladoraa limiting the maximum! building size ofi uses identifying desired bullding materials, furniture, sidewalks.trails). and integrating more pedestrian clements (eg, street integrating public spices (eg. gazebos and squares) Its should be noted chac within arcas that are designated as Rctail on the Fururc Land Usc Plan map, low and medium density residential should be permitted within Rctail areas along Main Street and office uscs should gencrally be permitted within any Rctail areas. This is consistent with che way in which the Village has developed in the past and is consistent with the Guiding Principles of this document. However, commercial land uses should not bc permitted within Rctail areas. REGIONAL RETAILLAND! USES Less than Ipercent of thc acreage withint thc Village! limits 240percent oft thc acreagcwithin thc Village'sET) As the Village grows in population, there will be an increasing nced for larger retail stores, such as grocery stores. These retail opportunitics arc different in nacure and size than what has developed previously and what is cnvisioncd to dcvelop in the futurc in the corc arca of Salado. Two areas in proximity oft the Interstate Highway 35, specifically at its intersection with F.M. 2484 to che north and itsi intersection with F.M.2268 to the south, arc conducive to regional retail uses. The Village,therefore, should consider a maximum building size for these areas chat is higher than what is cstablished for Downtown Salado, such as 50,000 squarc fccr. This is still in kecping with thc community character chat the Village desires to maintain, but would allow residents to shop for groccries locally or shop ata large bookstore, activities which they would not be able to pursuc in the downtown center of Salado. Office and retail land uses should also be permitred within areas designated for Regional Retail; commercial land uscs should not bc permitted. Less than Ipercent of thc acrcage withinthe Village limits 8.60percentofti theacreagewithint the Village'sET! MIXED USE Thc Mixcd Usc land usc designation is intended to provide fexibility in terms of the type of development that occurs. It is envisioned chat within chis area, che primary process of development would be a planned unit development, wherein the developer and the Village would work together to ensure that the development proposed would enhance Salado. Communities across Texas arc expcriencing an increased market demand for concentrated areas where people can shop, eat, work and live - this land use designation is intended to support this type of a devclopment concept in a high quality manner by providing an opportunity for racreative mixture of land uses. Uses that should be permitted wichin Mixed Use arcas are. low, medium, and high density residential,office, rctail, and regional retail;commercial land uses should notl be permitted. Partl Thrcc ThfutureLandUigPln Page 39 "Saladoen BUSINESS PARK LANDUSES Noacreage withint thc Villagc limits Noacreage within thc Village'sET Such uscs have many positive aspects, such 15 providing local employment and increasing cax revenue, and they arc relatively low impact, with the possible exception of parking. Uses envisioned for the area designated as Busincss Park could be multi- story, of different materials, ctc., diffcrentiating them from thosc that would locate in within the Village, which arc intended to be designed similarly to residential uses. All other types of nonresidential land uses should also bc permitted within areas designated for BusinessPark, wich the exception of commercial uses. COMMERCIAL LAND USES 1.60percent withint the Villagc'sETj Less thanlp percent ofthed acreagc within thc Village limits Traditional commercial uscs gencrally are not compatible with the character the Village desires to maintain and cnhance. As mentioncd within Thc Foundation section, cxamples ofc commercial uscs include automobilc related services, fecd stores, welding shops, and pawn shops. There are few arcas in Salado that arc currently uscd for commercial purposes, and it is not recommended that the Village havea large allocation of commercialy designated areas. For arcas in which commercial uses are permitted, the Village should consider establishing design related guidelines to ensure their compatibility with other uscs ofl less intensity. Within thcsc guidelines, che Village should consider requiring open storage arcas to be buffered and/or screened from any adjacent residential uses and from public view. It is strongly recommended that the Village limit future commercial uses to areas that are designated as such on the FuturcLand Usc Plan map: due to compatibility issucs with other typeso ofl land use, commercial uses should not be permitted within any other arcas of the Village. Future Land Use Planning Issucs Development Proposals & the Future Land dUse Plan At times, che Village willl likely encounter development proposals that do not directly reflect the purpose and intent of the land usc pattern shown on the Future Land Usc Plan. Revicw of such development proposals should includc the following considerations. Will che proposed change cnhance the site and the surrounding area? Isthe proposed changeal better uset than that recommended by the Future Land Usc Plan? Will the proposed use impact adjacent residential arcas in a negative manner? Or, will the Part Three TheFuture LandliscPln Page310 Mealadoren proposed usc be compatible with, and/or enhance, adjacent residential arcas? Arc uses adjacent to che proposed use similar in nature in terms of appearance, hours of Does thc proposed use present a significant benefic tO the public health, safcty and welfarc of the community? Wouldi it contributer tothe Village's long term cconomic well- being? Development proposals that: arc inconsistent wich the Futurc Land Usc Plan (or chat do not meet its gencral intent) should be reviewed based upon thc above questions and should be evaluated on its own merit. lt should! bei incumbent upont the applicanc to provide evidence chat the proposal mcets the aforementioned considerations and supports community goals and objectives, as set forth wichin chis Interim Icisi important to recognize that proposals contrary to the Plan could be an improvement over thc uscs shown on the Plan for a particular arca. This may bc due to changing market, development and/or economic trends that occur at some point in the furure after the Plan is adopted. lfsuch changes occur. and cspecially if there is a significant bencfit to the Village of Salado, chen these proposals should bc opcration, and other general aspectsof compacibility? Comprchensive Plan. approved, and the FuturcLand Uscl Plan should bc amended accordingly. Summary The recommendations contained hercin should guide Salado's furure land use planning and related policies. The Fucure Land Use Plani is not a zoning map. Rather, it isa guide to decision making in the context of the Village's future land usc pattems, and it should be che basis for the Village's zoning regulations when they are enacted. The official copy of the Futurc Land Usc Plan map should bc on filc at all times at Salado's Municipal Hall. The boundarics of land usc categorics as depicted on the official map should be used to determinc the appropriate land usc category for areas that are not clcarly delineated on the smaller scale Futurc Land Use Plan map contained within this Interim Comprehensive Plandocument. Pant Three. TheFuturel LanduscPlan Page31l Willage PSalado ZONING ORDINANCE Amended December 11,2 2014 February 19, 2015 June 18, 2015 2024 01388947 Village af Suludu, Tevus Amending Zoning Ordinance 2013-08 Ordinance No. 2024- Village of Salado County ofBell ORDINANCENO. ANORDINANCE OF THE VILLAGE OF SALADO, TENAS. AMENDING THE EXISTING ZONING ORDINANCE TO CREATE SECTION 3.18, ESTABLISHING AN IH-35 WEST SIDE DISTRICT OVERLAY; AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; RESERVATION OF RIGHTS; A SAVINGS CLAUSE; SEVERABILITY: REPEALER; EFFECTIVE DATE: AND PROPER NOTICE AND WHEREAS. the Board of Aldermen (the "Board") of the Village of Salado. Texas (the "Village") seeks to provide for the orderly development of land and use of property within its WHEREAS, the Boards seeks to amend the Village's Zoning Ordinance. as amended: and WHEREAS. the Board: seeks top protectt thel health. safety, and general welfare oft the public WHEREAS. pursuant to Chapter 51 of the Texas! Local Govemment Code. the Board has determined that this Ordinance is reasonable: andi necessary top protect the health. safety. andg general WHEREAS, Chapter 211 of the Texas Local Government Code specifically authorizes WHEREAS. Section 211.003(b) of the Texas Local Govemment Code provides that in the case of designated places and areas of historical. cultural. or architectural importance and significance. the governing body ofa municipality may regulate the construction. reconstruction, WHEREAS, Section 211.005(a) of the Texas Local Government Code authorizes the governing body of a municipality to divide the municipality into districts. within which the governing body may regulate the erection. construction. reconstruction. alteration. repair. or use ofbuildings. others structures. orl land and within whichz zoning regulation must be uniform for each class ork kind ofbuilding inad district: however. zoning regulations may vary from district toc district. WHEREAS. the Board is of the opinion and finds that its Zoning Ordinance should be NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF MEETING. corporate limits andi its extraterritorial, jurisdiction; and by adopting and enforcing zoning regulations: and welfare of the Village of Salado: and zoning functions and procedures for municipalities; and alteration. or razing oft buildings and other structures: and amended: 01386987:1 THE VILLAGE OF SALADO,TEXAS, THAT: Village ofSalado, Texas 2 Amending Zoning Ordinance. 2013-08 This ordinance is hereby adopted as the Zoning Ordinance. as amended. and shall read as A. Findings of Fact: All of the above premises are hereby found to be true and correct legislative and factual findings of the Village of Salado and are hereby approved and incorporated into the body oft this ordinance asi il copied in their entirety. B. Popular Name: This Ordinance shall be commonly referred to as "The Zoning C. Scope: This Ordinance. and the rules and regulations adopted herein. shali apply within the Village limits and itse extraterritorial, jurisdiction. This Ordinance: applies to conduct on public streets. public street rights-of-way, public sidewalks. and public parks. D. Effective Date: This Ordinance shall take effect immediately upon passage and follows: SECTIONI. ENACTMENTPROVISIONS Ordinance." publication. SECTION. II. ADOPTION Ordinance No. 2024- isl hereby adopted as follows: A. Rules ofinterpretation Words and phrases used in this Chapter shall have the meanings set forth in this section. Terms that are not defined below are given their common. ordinary meaning unless the context clearly requires otherwise. When noti inconsistent with thec context. words used int the present tense shall include the future tense: words in the plural number shall include the singular number (and vice versa); and wordsi int the masculine, gender shall include the feminine gender (and vice versa). The word "shall" is always mandatory, while the word "may" is merely directory. Headings and captions are for reference purposes only. B. IH-35 West Side District Overlay described in Exhibit At tot this Ordinance. The Zoning Ordinance of the Village of Salado. Texas shall be amended to read as All rights and remedies of the Village of Salado. Tesas are expressly saved as to any and all violations of the provisions of any other ordinance affecting the strects and roadways of the Village which existed at the time oft the effective date of this Ordinance: and as to such accrued violations and all pending litigation. both civil ando criminal. whether pending inc court or not. under such ordinances, thes same shall not be affected by this Ordinance but may be prosecuted until final SECTIONII. RESERVATION OF RIGITS disposition by the courts. 01386947:1 Village ofs Salado, Tevus Amending Zoning Ordinunce 2013-08 SECTIONIV. SAVINGSCLALSE The repeal of any ordinance or part of ordinances effectuated by the enactment of this ordinance shall not be construed as abandoning any action now pending underorl by virtuc of such ordinance or as discontinuing. abating. modifying or altering any penalty accruing or toa accrue. or as affecting any rights oft the Village under any section or provi isions of any ordinances at the time of passage of this ordinance. SECTIONV. SEVERABILITY CLALSE Ifany provision. section. sentence. clause or phrase ofthis Ordinance. or the application of the same to any person ors set of circumstances is for any reason held 10 be unconstitutional. void. invalid. or unenforceable. the validity ofther remainingi portions ofthis Ordinance ori its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Board of Alderman of the Village of Salado in adopting. and of the Mayor in approving this Ordinance. that no portion thereof or provision or regulation contained herein shall be come inoperative or fail by reason of any unconstitutionaliy ori invalidity of any portion. provision or regulation. SECTION' VI. REPEALER CLAUSE The provisions of this Ordinance shall be cumulative of all other ordinançes or parts of ordinances governing or regulating the same subject matter as that covered herein. provided. however, that all prior ordinances or parts ofordinances inconsistent ori in conflict with any ofthe provisions of this ordinance are hereby expressly repealed to the extent that such inconsistency is apparent. This Ordinance shall not be construed to1 require or allow any act whichi isp prohibited by any other Ordinance. SECTION VII. EFFECTIVEDATE This Ordinance shall take effecti immediately from and after its passage and publication as Itis hereby officially found and determined that the meeting at which this Ordinance was passed was open to1 the public and that public notice oft the time. place. and purpose ofs said meeting was given as required by the Tesas Open Meetings Act. Chapter 551 of the Texas Government may! be required by governing law. SECTION VIII. NOTICE AND MEETING CLAUSE Code. SECTIONI IX.PUBLICATION This Ordinance shall become effective immediately upon the date of its publication as required by $ 52.011 of the Texas Local Government Code. The Village Secretary is hereby directed to cause the caption oft this Ordinance to be published in the manner required by law, 01386987:1 Village of Salado, Texas Amending Zoning Ordinance 2013-08 PASSED AND. APPROV ED on SECOND READING this, the day of vote of_ (ayes)t to (nays) and abstentions vote of the Board of Alderman of the 2024, by a Village ofSalado, Texas. Michael Coggin. Mayor ATTEST: Debbie Bean. Village Secretary Approved to Form: Josh Katz, Village Attorney Village ofSalado, Texas Amending Zoning Ordinunce 2013-08 Zoning Ordinance of the Village of Salado, Texas Formatted: Left Formatted: Font: Helv Formatted: Left, NoV widow/orphan control Formatted: Font: 12 pt, Strikethrough Formatted: Font: 12pt Formatted: Font: 12pL Underline Formatted: Underline Formatted: Font: 12 pt. Underline Formatted: Underline Formatted: Font: 12pt. Underline Formatted: Underline Formatted: Font: 12pt, Underline Formatted: Indent Left: 0, Hanging: 05, Widow/Orphan control Formatted: Font: 12 pt, Underline Formatted: Underline Formatted: Font: 12 pt Underfine. Formatted: Underline Formatted: Font: 12pt, Underline Formatted: Underline Formatted: Font: 12p pt Underline Formatted: Underline Formatted: Underline Formatted: Font: 12pt Underline Formatted: Underline Formatted: Font: Underline Formatted: Underline Formatted: Font 12 pL Underline Formatted: Underline Formatted: Font: Deleted:S "Section 3.18: IH-35' West Side Overlay District AGeneral Purpese and Deseription: The WS. West Side Overlay District preliv-isi intended He previde-fert haehsinedeciepmamefpepetison thev west side-fH-35. The WS- Distrietis envisiened-a as-a-teel-te- Mepsahieamt-impevepoperp-ae te proteet and enhanee- the Ass-wsehae-weyeNA te enhanee the-aitFRetiveness efthe Village: R-wsO-yPlmialesrwhdsrsseai" PemiislasisaFiN-PpPiN-Panse Purpose and Description: The) JH-35, West Side Overlav District ("Districrjsi intended toy Formatted: font: 12pt, Underline architectural character and integrity oft the Village ofSalado. while al the same time. allow Formatted: Underline ensure that new development within thel District will complement andb build on the existing for a vibrant mix of active storefronts featuring specialty stores. restaurants. and entertainment along with residential uses. The development, standards within the District are intended toI makes sure that new development will complement and build on the existing architectural character and integrity of Salado. New development shall be in harmonv. çonsistent with. and conform with the character of other development in Salado. The boundaries ofthe/H-35 Wes! Side Overlay Districta are as defined in the/H-35 West Side Overlay District Map attached as Exhibit A. Additional parcels may be added to the Overlay as sites outside the original boundary are identified and rezoned. B. Deelaratien of Peliey: The Village Aldermen hereby finds and deelares as e matter of publie efthe west-side e epaPsyat is-required # he interest eft the-eulture. priy-sdwmiwran welfare-ef-the- Fesidenis efthe-Villagee ef Salade. The purpose- ofthe- West Side Overiey-Pislie-is- Te-t -take advantage- of the- unique oppertunity the-seen-te- be develeped "Salade- West Side"while at the same time. requiring Huture- e-a altractive. practieally funetional and festera-safe-and CORAHPNY-fiendiyenvromment: B. District Designation: boundaries thereof. The Village Aldermen may designate certain land. arcas. lots and districts int the Village as Formatted: Font: 12pL Underline The IH-35 West Side Overlay District ("District) wS and define. amend and delineate the 2. The prefix WS as established by the amending Ordinance shall indicate the zoning sub- district designation of those buildings. land. areas. and districts which the Village 3. In making the WS designation. the Planning and Zoning Commission and Village Aldermen may modify the requirements of the Zoning Ordinance. and may reduce. increase. or revise the height. yard. area. coverage. parking. and any other developmental 12 pt 12pt Aidermen has designated asal IH-35 West Side Overlay District. 01386947:1 Village of.Salado, Texas I Amending Zoning Ordinance 2013-08 standards. if: such action is delermined to be necessary for the cohesiveness of the WS C-P. Designation Criteria: Inr making such a designation as set forth in Section 29.3. the Village Transition areas: Driveways and passageways that promole an environment accommodating both pedestrians and automobiles inasafe. efticient and attractive manner. 2. Store frontages/facades that coordinate with each other so as to have an' 'architecturally 3. Green space. such as trees. grassy areas and landscaping, with sitting areas that creates an 4. Parking: For on-site parking.atypical ratio of parking spaces to square footage set forth inSection 5.2 (Parking) of the Village of Salado Zoning. Ordinance is encouraged but not mandatory. The required number of parki ing spaces may be reduced if parking can be shared with an adjacent development(s) or use(s). Such a reduction shall be approvedas part of the site plan. In no case shall the required parking be reduced in excess of fifty percent (50%) of the required spaces. In addition 10 concrete and asphalt surfaces.gravel, decomposed granite. or pavers are permitted for small parking area surfaces for parking areas. Parking areas should be located behind the building.or to the side of the building. The interior portions of all new parking lots that contain twelve (12) or more parking spaces. andofa alle expansions ofe existing parking lots ofhnclve/(2lormor parkings spaces. shall be improved with native and drought resistant landscaping. Landscape areas within parking lots should generally be at least one (1) parking space in size. with no landscape area less than fifty (50) square feet in area. Landscape areas shall be nol less than five feet (5')wide and shalle equal a total of at least sixteen (16) square feet per parking space. All landscape areas shall be protected by a monolithic concrete curb or other type of wheel stop, such as railroad ties. and shall remain free of trash. liter. and car bumper overhangs. 5. Lighting: In addition tot the lighting requirements seti forth int the Zoning Ordinance and the standards set forth in the Comprehensive Plan (Amended 2019). all lighting shall be Dark Sky compliant ands shall be designed and operated soas not tor reflect or shine on adjacent properties. Landscaping: In addition to the landscape requirements set forth int the Zoning Ordinance, aminimum. fivc-foot (5)landscape buffer adjacent to the street frontage is required on all commercial properties. Corner lots fronting. two (2) streets shall provide the appropriate required landsçape buffer on both strect Irontages. Such buflers shall utilize native and designated property. Aldermen shall consider one or more oft the following criteria: cohesive" blend of storefronts. inviting "park-like" area for customers to linger and refresh. Sidewalks-and" "theme" apprepriete- lighting: behind the front building. line. when possible. drought resistant materials (grasses.Irees. plants. ctc.) Formatted: Font: 12pt Formatted: Indent: Left: 0"Hanging: 0.5" Village ofs Saludo. Texus 2 Amending Zoning Ordinunce 2013-08 7. Signage: Free slanding signs are prohibited within the Overlay Distric. Monument signs are allowed and: shall ber no taller than ten(IO) feet. All signage shall meet the requirements set forth in Ordinance No. 2018-10 (Signs) Signage heiphis nd cempestien shetld-be Ppeprisieieihe-heigh: adjeining business- amdn'gastase-tyemniysiamlarihs, Open Storage: Open storage shall be regulated by the requirements relating to open 9. Outside Display for Retail l'ses: Outside display ofr merchandise ands seasonal items. such as Christmas trees and pumpkins. that is associated. with a primary retail use is permitted on the same lot as that retail use in the front vard area. Outside display shall be limited to the Formatted: Font: 12, pt, Strikethrough Formatted: Font: 12pt 0. storage set forth int the underlyi ing zoning district for aproperty, following: a. Outside displav areas shall not bey placed or located more thant thirty feet/(30) b. Outside display areas shall not occupy any of the parking spaçes that are required by this Ordinance for the primary use(s) of the property, except on atemporary basis only.which isan maximum of thiry/30)davs.pers dispiay anda a maximum oft two (2) displays per calendar vear. Outside displav areas shall not pose as safety or visibility hazard. nor impede public vehicular or pedestrian circulation. either on-site or off-site. ina any d. Outside display areas shall not extend into public right-of-way or onto Outside display items shall be displayed in aneat. orderly manner. and the display area shall be maintained ina a clean. litter-free manner. from the main building. way. adiacent property. 10. Pedestrian Access: Pedestrian access shall be provided from parking areas to the main building(s).. In addition. pedestrian access within the site (from building to building. froma building to an open space area. etc.) and pedestrian access 10 adiacent sites shall also be provided. Pedestrian-oriented site amenities such as street furniture and public spaces 11. Salado' "West Side" isi in close proximity to all of the Salado: schools. Therefore. to ensure the safety ofp pedestrians, both children and adults. provisions should be made to assure pedestrian access to stores and other business ist not in conflict with service vehicles. 12. West Village Road may be on the "back side" of these stores/businesses. Since West Village Road is ani increasingly busy roadway for locals. the "back side" of the business should be 8-Theseefhbenshs awnings. art pieees. ete. may all hessedioheipsmaeahipHr-fimnsational (gazebos. fountain areas. etc.) are encouraged. functional as well as aesthetically attractive. P--.- Formatted: Font: 12pt Formatted: Font: 12pt., Strikethrough Formatted: Font: 12pt a1386947: Village ofs Salado, Texas 3 Amending Zoning Ordinance 2013-08 DE. Provisions Herein Nou 10 Affect Present Uses: Use classification as lo all property which may be included in an IH-35 West Side Overlay District shall continue to be governed by the Zoning Ordinance oft the Village of Salado unless specifically adjusted and attachedt to the amending ordinance at the time oft the zoning change. Formatted: Font: 12pt Vilages of Saludu, Texas Amending Zoning Ordinance 2013-08 Agenda Item # 6E Date Submitted: Agenda Date Requested: October 3, 2024 Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (E) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON FEDERALLY FUNDED PROGRAMS GRANT AWARDS THROUGH THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION: (a) (b) (c) ROYAL STREET MILL CREEK WILLIAMS ROAD Project Name: OV I Royal Street I Smith Branch Rd. I FM 2268 DocuSign Envelope ID: 1328/38CEDEF499A89PD-788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJs 0909-36-183 Project Name STATE OF TEXAS COUNTY OF TRAVIS $ CFDA Title Highway Planning and Construction AFA Not Used For Research & Development OVI Royal St! Smith Br Rd] FM 2268 $ ADVANCE FUNDING AGREEMENT STP-MM Rehabilitation Project For Off-System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the Village of Salado, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement WHEREAS, the Texas Transportation Commission passed Minute Order Number 116522 authorizing the State to undertake and complete al highway improvement or other transportation project generally described as rehabilitate existing roadway. he portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated 04/04/2024, which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location appears in toi implement its public purposes, and system within the political subdivision, and and other transportation projects, and and AFAI LongGen Page 1 of17 Rev. 2/27/2024 DocuSign Envelope ID: 1328728CE0EF49AB9F0788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJs 0909-36-183 Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 2268 OVI Royal St] Smith Br Rd! FM Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this part of this Agreement. Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 Local Government" 2. Local Government" 3. Local Government" 4. Local Government 5. Local Government" Utilities Article 8 Article 11 Article 12 Article 14 Environmental Assessment and Mitigation Article 9 Architectural and Engineering Services Construction Responsibilities Right of Way and Real Property An asterisk next to the party responsible for specific work in the above table indicates that the associated specific work is not anticipated as part of the Project and is therefore not included in the budget; however, the party indicated will be responsible for that specific work ift that work is not the subject of another agreement and the State determines that the specific work has become necessary to successful completion of the This Agreement becomes effective when signed by the last partywhose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is The scope of work for the Project consists of mill and overlay of the existing roadway, install ribbon curb, and sidewalk along Royal Street from Smith Branch The total estimated cost oft the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. Project. 2. Period of the Agreement completed or unless terminated as provided below. 3. Scope of Work Rd. to FM: 2268 as shown in attachment A. Project Sources and Uses of Funds 4. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. Iffederal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project AFA LongGen Page 2 of17 Rev. 2/27/2024 DocuSign Envelope ID: 1328/38CE0EF499A89A-89F0-8828478193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJs 0909-36-183 Project Name CFDA Title Highway Planning and Construction AFA Not Used! For Research & Development OVI Royal St] Smith Br RdJFM 2268 successfully completes and receives a certificate for the course entitled "Local Govemment Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee oft the Local Government or an employee of ai firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management, D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. Ifthe Local Government is due funds for expenses incurred, these funds will be E. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the F. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when directly oversee the Project. authority is formally obligated. C. and (6) any other local project costs. reimbursed to the Local Govemment on a cost basis. Local Government. periodic payments have been approved by the State. AFAI LongGen Page 3of.17 Rev. 2/27/2024 DocuSign Envelope ID: 28/38CE0EF499A89ABPD788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJs 0909-36-183. Project Name CFDATitle Highway Planning and Construction AFA Not Used For Research & Development OVI 2268 Royal St! Smith Br Rd/FM G. When the Local Government bears the responsibility for paying cost overruns, the Local Govemment shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Govemment's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. Prior to the performance of any engineering review work by the State, the Local Govemment will pay to the State the amount specified in Attachment B. Ata minimum, this amount shall equal the Local Govemment's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share fori the State's estimated construction oversight and construction cost. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. The State will not pay interest on any funds provided by the Local Government. M. Ifawaiver for the collection of indirect costs for a service project has been granted under 437 TAC $15.56, the State will not charge the Local Government fort the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. Ift the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion oft the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds I. J. K. accordance with this Agreement. L. Project. Agreement reflects those adjustments. AFA LongGen Page 4 of 17 Rev. 2/27/2024 DocuSign Envelope ID: 1328/38CEDEF-499A99A8F078828478193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJs 0909-36-183 Project Name CFDA Titie Highway Planning and Construction AFA Not Used For Research & Development OVI Royal St! Smith Br Rdl FM 2268 due by the Local Government, the State, or the federal government for these Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance oft the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. Iffunds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. This Agreement shall remain in effect until the Project is completed and accepted by all A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible fori federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State work items will be promptly paid by the owing party. relevant to the investigation or audit. 5. Termination of This Agreement parties, unless: incurred during the Project; or within ninety (90) days of termination; or may in its discretion terminate this Agreement. E. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. AFALongGen Page 5 of17 Rev. 2/27/2024 DocuSign Envelope ID: 328/38CE0EF49AB9ABPD-8828478193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJS 0909-36-183 Project Name 7. CFDA Title Highway. Planning and Construction. AFA Not Used For Research & Development ovIRoyal 2268 St Smith Br Rd]FM Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds for the cost of required utility work. The Local Govemment must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Govemment has completed the adjustment of all utilities that must be adjusted Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the D. The preparation of the NEPA documents required for the environmental If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- either party to this Agreement and shall be cumulative. 8. Utilities before construction is commenced. Environmental Assessment and Mitigation 9. Project schematic. clearance of this Project. environmental clearances have been obtained. 10. Compliance with Accessibility Standards 336) (ADA). AFA LongGen Page 6 of17 Rev. 2/27/2024 DocuSign Envelope ID: 1328/3BCE0EF499AB9A89F0-788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFACSJs 0909-36-183 District# 09-Waco Code Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 37260 Chart 64# 2268 OVI Royal St! Smith Br Rdj FM 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials Inp procuring professional services, the parties toi this Agreement must comply with federal requirements cited in 23 CFR Part 172ift the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBES), ADA, and environmental matters. If the Local Government is the responsible party, the Local Govemment shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State The party named in Article 1, Responsible Parties, under AGREEMENT is responsible Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplementa agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with E. Ift the Local Government is the responsible party, the State must review and F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's (AASHTO) design standards. prior to execution by the Local Government. 12. Construction Responsiblities fori thet following: A. construction. approval prior to letting. the vendor. approve change orders. AFA LongGen Page 7 of17 Rev. 2/27/2024 DocuSign Envelope ID: 32872BCEOEF469A99A99P0788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJs 0909-36-183. Project Name CFDA. Title Highway. Planning and Construction AFA Not Used For Research & Development OVI 2268 Royal St! Smith Br RdIFM construction completion and submit certification(s) sealed by a professional G. Fori federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 engineer(s) licensed ini the State of Texas. CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion oft the work if the work was on the State highway system, unless otherwise provided for in existing maintenance The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. The Local Government shall be responsible for the following: A. Right of way and real property acquisition shall be the responsibility of the Local Govemment. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of If the Local Government is the owner of any part of the Project site under this Agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to C. All parties to this Agreement will comply with and assume the costs for compliance with all the requirements of Title Il and Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local agreements with the Local Government. 14. Right of Way and Real Property the right of way or real property. B. execute the work. representatives for review and inspection. AFA LongGen Page 8 of17 Rev: 2/27/2024 DocuSign Envelope ID: 1328738CE0EF4PA899A89F0788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Chart Code 64# 37260 AFACSJS 0909-36-183 Project Name CFDA Title Highway Planning and Construction OVI Royal St] Smith Br Rdj FM AFA Not Used For Research & Development 2268 Government shall be responsible for securing any additional real property Int the event real property is donated to the Local Government after the date of the State's authorization, the Local Government will provide ail documentation to the State regarding fair market value of the acquired property. The State will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Govemment's financial share. Ifdonated property is to be used as a funding match, it may not be provided by the Local Govemment. The State will not reimburse the Local Government for any real property acquired before execution of this Agreement and the obligation of F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings oft the maps shall be retained by the Local Government for a G. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State at tabulation oft the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization ofi improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with acopy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions oft this Agreement. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Ift the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Govemment must be executed prior to execution of this Agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The required for completion of the Project. E. federal spending authority. permanent record. parcel acquisitions on these values. H. I. AFALongGen Page 9 of17 Rev. 2/27/2024 DocuSign Envelope ID: 1328/38CEDEF499AB90/788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJS 0909-36-183 Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development OVI 2268 Royal St! Smith Br Rdl FM separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution, Acopy of the executed agreement shall be provided to the State. Ift this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with ai fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage int the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may All notices to either party shall be delivered personally or sent by certified or U.S. mail, 15. Insurance recover damages and all costs of completing the work, 16. Notices postage prepaid, addressed to that party at the following address: Local Government: State: Village of Salado ATTN: Village Administrator 301 N. Stagecoach Salado, TX. 76571 Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11th Street Austin, TX78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and Ifone or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as ifit did not contain the invalid, illegal, or unenforceable provision. The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, that request shall be carried out by the other party. 17. Legal Construction 18. Responsibilities of the Parties and agents. AFA LongGen Page 10 of17 Rev, 2/27/2024 DocuSign Envelope ID: 128/38CE0EF499A890/88284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFACSJS 0909-36-183 District# 09-Waco Code Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 37260 Chart 64# OV! 2268 Royal St! Smith Br RdIFM 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall bei transmitted to the State, in the format directed by the State, ona monthly basis or as required by the State. The originals shall remain the property of the The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, The parties to this Agreement shall adhere to the procurement and property management standards established in 2CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Govemment, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Local Government. 20. Compliance with Laws satisfactory proof of this compliance. 21. Sole Agreement Agreement's subject matter. 22. Cost Principles reasonable, and allocable to the Project. 23. Procurement and Property Management Standards funds. 24. Inspection of Books and Records AFA LongGen Page 11 of17 Rev. 2/27/2024 DocuSign Envelope ID; 1328/2BCE0EF499A89F0788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFACSJS 0909-36-183 District# 09-Waco Code Project Name CFDA Title Highway Planning and Construction 37260 Chart 64# oVI Royal St] Smith Br Rdl FM 2268 AFA Not Used For Research & Development 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. Nondiscrimination: The Local Government, with regard to the work performed by itduring the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49CFR Part Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Govemnment's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Govemnment will sO certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: Int the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be 1. withholding of payments to the Local Government under the Agreement until 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for B. 21. C. D. E. appropriate, including, but not limited to: the Local Government complies and/or F. AFA LongGen Page 12 of17 Rev. 2/27/2024 DocuSign Envelope ID: 1328738CEDEF499AB9F0-788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJS 0909-36-183 Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development OVI Royal St] Smith Br RdJFM 2268 noncompliance. Provided, that ift the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and A. Title VI of the Civil Rights Act of 1964 (42U.S.C. $2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. S 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs C. Federal-Aid Highway Act of 1973, (23U.S.C. S 324 et seq.), as amended, D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794 et seq,) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. $6101 et seq.), F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and appliçability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42U.S.C. SS 12131-12189) as implemented by Department of The Federal Aviation Administration's Nondiscrimination statute (49 US.C.S 47123) (prohibits discrimination on the basis of race, color, national origin, and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, authorities; including but not limited to: Part 21. and projects). (prohibits discrimination on the basis of sex). 27. (prohibits discrimination on the basis of age). national origin, or sex). Transportation regulations at 49C.F.R. parts 37 and 38. I. J. sex). AFA LongGen Page 13 of17 Rev. 2/27/2024 DocuSign Envelope ID: 1328/2BCE0EF49A89A89F0788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFAC CSJs 0909-36-183 District# 09-Waco Code Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 37260 Chart 64# OVI 2268 Royal St! Smith Br RdFM policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 K. 74100). U.S.C. 1681 et seq.). Iffederal funds are used: 27. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program B. The Local Government shall adopt, in its totality, the State's federally approved C. The Local Govemment shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Govemment shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federaly-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, isi incorporated by reference in this Agreement. Implementation of this program isal legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil requirements established in 49 CFR Part 26. DBE program. address httpl/ftp.dot.state. tx. us/pub/txdot- infobopldbe/moumou attachments.pdf E. Remedies Act of 1986 (31 U.S.C. 3801 et seq.). AFAI LongGen Page 14 of17 Rev 2/27/2024 DocuSign Envelope ID: 1328/38CE0EF499A89FD/7882B478193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJS 0909-36-183 Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development OVI 2268 Royal St! Smith Br Rd/FM F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis ofrace, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to camy out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications Iffederal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by Ifs state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule $20.585 and the Texas Administrative Code, Title 43, Part 1, If federal funds are used, in executing this Agreement, each signatory certifies to the A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, al Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal B. Ifa any funds other than federal appropriated funds have been paid or will be paid to any person fori influencing or attempting toi influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall the State, to furnish a copy of the certification. Chapter 9, Subchapter G. 29. Lobbying Certification best of that signatory's knowledge and belief, that: contract, grant, loan, or cooperative agreement. AFAI LongGen Page 15of1 17 Rev. 2/27/2024 DocuSign Envelope ID: 328/38CE0EF499A9FD788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJS 0909-36-183 Project Name CFDA Title Highway. Planning and. Construction. AFA Not Used For Research & Development oVI 2268 Royal St! Smith Br RdJFM complete and submit the Federal Standard Form-LLL, "Disclosure Form to C. The parties shall require that the language of this certification shall bei included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. $1352, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than Report Lobbying," in accordance with its instructions. $100,0001 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements Iffederal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix. A. This Agreement is subject to thei following award terms: ntp/Mww.spogowldyspFR-201009 14pdt201022705pdr and ntp/MwgpogowldsypkFR.201009 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be 2. Obtain and provide to the State al Data Universal Numbering System (DUNS) number, a unique nine-character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website httpl/fedgov. dnb. com/webform; 3. Report the total compensation and names of its top five executives to the More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and i. The compensation information is not aiready available through reporting to the U.S. Securities and Exchange Commission. 14pdt201022706pd B. The Local Government agrees that it shal!: obtained by visiting the SAM website whose address is: https/www.sam. goMporalPuDIcSAMI and State if: 31. Single Audit Report Iffederal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit B. Ifthreshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if Requirements for Federal Awards. AFALongGen Page 16 of 17 Rev. 2/27/2024 DocuSign Envelope ID: 28/38CEOEF499AS9P078828478193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFACSJs 0909-36-183 District# 09-Waco Code Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 37260 Chart 64# OVI Royal St! Smith Br Rd]FM 2268 appliçable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX C. Ife expenditures are less than the threshold during the Local Government's fiscal year, the Local Goverment must submit a statement to TxDOT's Compliance therefore, are not required to have a single audit performed for FY D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. 78701 or contact TXDOT's Compliance Division by email at singleaudts@txdot: gov Division as follows: "We did not meet the $ expenditure threshold and AFALongGen Page 17 of17 Rev. 2/27/2024 DocuSign Envelope ID: 328/38CEDEF499A890/78828478193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 District# 09-Waco Code Chart 64# 37260 AFACSJs 0909-36-183 Project Name CFDA Title. Highway. Planning and Construction. AFA Not Used For Research & Development OVI 2268 Royal St) Smith Br Rdi FM 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Each party is signing this Agreement on the date stated under that party's signature. Agreement on behalf of the entity represented. THE STATE OF TEXAS THE LOCAL GOVERNMENT Docusignedby: butl Stwwart Kenneth Stewart -Docusignedby: Manul De la Rosa 3FAD2CE488 Manuel De La Rosa Village Administrator Signature Typed or Printed Name Typed or Printed Title 5/1/2024 Date Signature Typed or Printed Name Typed or Printed Title 5/1/2024 Date Director of Contract Services AFA LongGen Page 18 of17 Rev. 2/27/2024 DocuSign Envelope ID: 1328/38C0EF499A899F0.788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFACSJs 0909-36-183 District# 09- Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Code Chart 37260 OVI Royal Stl Smith Br Rdj FM: 2268 Waco 64# ATTACHMENT A LOCATION MAP SHOWING PROJECT Enc PoNc: BegnProect Page 1 of1 AFALongGen Attachment. A DocuSign Envelope ID: 32873BCEOEF-499A99A8F0-788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFACSJS 0909-36-183. District# 09- Project Name CEDA Title. Highway Planning. and Construction Code Chart 37260 OVI Royal St! Smith Br Rd! FM 2268 Waco 64# AFA Not Used For Research & Development ATTACHMENT B PROJECT BUDGET Construction costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Local Government) Subtotal Environmental Direct State Costs Right of Way Direct State Costs Engineering Direct State Costs Utility Direct State Costs Construction Direct State Costs Indirect State Costs TOTAL Total Estimated Federal Participation State Participation Local Participation Cost % Cost % Cost % Cost $0 20% $420,000.00 $0 $0 100% $5,040.00 $0 100% $1,680.00 $0 100% $11,760.00 $0 100% $1,680.00 $0 100% $21,840.00 Construction (by $2,100,000.00. 80% $1,680,000.00 0% $2,100,000.00, $5,040.00 0% $1,680.00 0% $11,760.00 0% $1,680.00 0% $21,840.00 0% $99,750.00 0% $2,241,750.00 $1,680,000.00 $420,000.00 $0 0% $0 0% $0 0% $0 0% $0 0% $0 100% $99,750.00 0% $0 $1,680,000.00 $99,750.00 $462,000.00 Initial payment by the Local Government to the State: $20,160.00 Payment by the Local Government to the State before construction: $21,840.00 Estimated total payment by the Local Government to the State $42,000.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of1 AFAL LongGen Attachment B DocuSign Envelope ID: 1328/38CEUEF49A89FD788284778193 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-183 AFAID Z00002959 AFACSJs 0909-36-183 District# 09- Project Name CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Code Chart 37260 oVI Royal St! Smith Br RdFM 2268 Waco 64# ATTACHMENT C RESOLUTIONI NL MBER 2024-03 RESOLUTIONALTHORIZING EXECUTION OFAN ADVANCE FVNDINGAGKLEMENIT (AFA) WITH THE PROJECT NAME: OV ROYAL St SMITH BR RD FM2268 RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER TEXAS DEPARTMENT OF TRANSPORTAIION, FOR REHABILITATION OF THE ROADWAY SURTACE OVROYAL, STRFET BETWEEN MAINSTREET AND: SMITH BRANCI ROAD. WITH WIEREAS, on August 16, 2023, via Minute Order Number 116522, the Texas Transporiation Commission authorized OV ROYAL.ST SMITH BR RD, FM2268 project (the "Project) to receive federal funds to rchabilitate the roadway surlace on Royal Strect between Muin Strect and Smith Branch WHEREAS, the Village of Saladu commits to provide the match. The local matchi is WHEREAS, the Village of Saladoi is responsible for all non- reimbursable costs and WHEREAS. the Governing Body ofVillage of Salado desires to affirm its support of the Project. approve and authorize the execution of an Advance Funding Agreement (AFA) with NOW,THEREFORE, BE ITI RESOLVED BYTHE BOARD OF ALDERMEN OF THE VILLAGEOFSALADO that the Village Administrator is hereby authorized to execute an AFA with PASSED and APPROVED by majority vote of all members of the Board of Aldermen of the Road and" Texas Depariment of Transportation (TxDOT) oversight: and comprised of cash or obtainment ofa loan; and 100Poofoverruns, ifa any: and TxDOT for the Project. TxDOT for this Project. Village of Salado on the 4" day ofA April,2024. Mayor, VillagedfSalado U ATTCST: dha Bor Debra Bean, City Secretary Page 1 of1 AFA LongGen Attachment C Phone: (254)947-5060 Fax: (254)947-5061 301 N. Stagecoach Rd. Salado, Texas 76571 Willlage Salado Certificate of Occupancy Application Project Information Name/Description: Project Address: Lot: Permit# Sq.Ft.: Block: Subdivision: INTENDED USE OF SPACE: Total Occupancy of Building: Owner Information Company Name: Street Address: Tenant Information Company Name: Street Address: Zoning District: Contact Person: Phone Number: Fax Number: Email: Contact Person: Phone Number: Painting with flammables Combustible Fibers Cellulose Nitrate Film Compressed Gas Liquid Propane Gas Vehicle Repair Garage Welding or Cutting Fax Number: Email: Does your business involve the storage, sale or use of the following: (Check all that apply) Dry Cleaning Solvents Dust producing process Explosives/Ammuntion Recylcing Waste Magnesium Vehicles in Building Woodworking Flamablelcombustible liquids (10 gallons or more) Floor drains inb building Food and/or beverage processing, storage or sales Food products High piled stock (over 12' inl height Poisonous or hazardous chemicals/acids X-ray Development Alcohol Smoking Fireworks **Provide chemical data sheets to the Building Inspection Department listing the maximum quantity of all hazardous materials.** Itshall be unlawful to use or occupy or permit the use or occupancy of any building or premises created, erected, changed, converted or altered or enlarged in its use or structure untila a Certificate of Occupancy shall have been issued by the administrative official. A permit becomes null and void if work or construction authorized. is not commenced within 180 days, ori if construction or Ihereby certify that have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work willl be complied with whether specified or not. The granting ofa permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. List any material discharged into the drainage system, ground, or atmosphere: work is suspended or abandoned for a period of 180 days at any time after work is commenced. Signature of Applicant: Building Department PW Department Fire Department Health Permit: Issued By: Date: Approved By Date Comments Date Issued: BV Project#: Phone: (254)947-5060 Fax: (254)947-5061 301 N. Stagecoach Rd. Salado, Texas 76571 Milage Salado Certificate of Occupancy Application Project Information Name/Description: Project Address: Lot: Permit# Sq. Ft.: Block: Subdivision: INTENDED USE OF SPACE: Total Occupancy of Building: Owner Information Company Name: Street Address: Tenant Information Company Name: Street Address: Zoning District: Contact Person: Phonel Number: Fax Number: Email: Contact Person: Phone! Number: Painting with flammables Combustible Fibers Cellulose Nitrate Film Compressed Gas Liquid Propane Gas Vehicle Repair Garage Welding or Cutting Fax Number: Email: Does your business involve the storage, sale or use of the following: (Check all that apply) Dry Cleaning Solvents Dust producing process Exploswes/Ammunition Recylcing' Waste Magnesium Vehiçles inE Building Woodworking Flamablelcombustible liquids (10 gallons or more) Floor drains in building Food and/or beverage processing, storage or sales Food products High piled stock (over 12' in! height Poisonous or hazardous chemicals/acids X-ray Development Alcohol Smoking Fireworks **Provide chemical data sheets to the Building Inspection Department listing the maximum quantity of all hazardous materials."* Itshall be unlawful to use or occupy or permit the use or occupancy of any building or premises created, erected, changed, converted ora altered or enlarged ini its use or structure until a Certificate of Occupancy shall have been issued by the administrative official. A permit becomes null and void ifv work or construction authorized is not commenced within 180 days, or if construction or Ihereby certify that lhave read and examined this application and' know the same to bet true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified or not. The granting ofa permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. List any material discharged into the drainage system, ground, or atmosphere: work is suspended or abandoned for a period of 180 days at any time after work is commenced. Signature of Applicant: Building Department PW Department Fire Department Health Permit: Issued By: Date: Approved By Date Comments Date Issued: BV Project#: Project Name: Village of Salado Mill Creek Drive DocuSign Envelope ID: BAATE05EBIA48978A8/F8ABA64T167 TxDOT: CCSJ# AFACSIs 0909-36-203 Federal Highway Administration: CFDAN No. CFDA1 Title 0909-36-203 AFAID 200008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr STATE OF TEXAS COUNTY OF TRAVIS S S ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM PROJECT Utilizing State Transportation Development Credits TxDOT-Selected Off-System This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project ("Agreement") is made between the State of Texas (State), acting through the Texas Department of Transportation, and the Village of Salado (Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the WHEREAS, Federal law, 23 USC $134 and 49 USC $5303, requires that State and Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for urbanized areas of WHEREAS, Federal and state laws require local governments to meet certain contract standards WHEREAS, the Texas Transportation Commission has codified 43TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are established in 23 USC $133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project nomination package for TASA funding consideration, which is briefly implement its public purposes, and political subdivision, and Texas, and relating to the management and administration of State and federal funds, and other transportation projects, and Subchapter G, $511.400-11.418, and described as Village of Salado Mill Creek Dr (Project), and Page 1 of 18 AFATASA Rev. 1/23/2024 DocuSign! Envelope ID: BMEU6ESIA489/-8A89/-A6/-F83ABAS4/187 TxDOT: CCSJ# AFACSIs 0909-36-203 Federal Highway Administration: CFDA No. CFDA1 Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 116575 (MO) dated October 26, 2023 awarding funding for TASA projects in the 2023 TASA Program WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated 03/21/2024, which is attached to and made a part of this Agreement as Attachment C, Resolution or Ordinance. A map showing the Project location appears in Attachment A, Project Location Map, which is attached to and made a part oft this Agreement, and NOW, THEREFORE, the State and the Local Government agree as follows: Call of the State, including Project, and AGREEMENT 1. Period of Agreement and Performance A. Period of Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in 1. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization and Agreement (FPAA) for that phase of work. Local Government may not begin work until issued the State Letter of Authority 2. The Performance Period for each phase of work ends on the date specified in effect until terminated as provided below. Period of Performance. B. (SLOA) for that phase of work. the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for Project consists of constructing sidewalk along Mill Creek Dr from Chisolm Tr to the existing sidewalk at N. Main St. The proposed project will include curb Any project changes proposed must be submitted in writing by Local Government to State. Substantive changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. ramps and signage. B. 3. Project Sources and Uses of Funds Estimate and Source of Funds (Attachment B). The total estimated development cost of the Project is shown in Attachment B, Project Budget IfLocal Government will perform any work under this Agreement for which reimbursement will be provided by or through the State. the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in A. Page 2 of18 AFATASA Rev: 1/23/2024 DocuSign Envelope ID: BA4IE06EIA489784897846/-F83ABA647187 TxDOT: CCSI# AFACSJS 0909-36-203 Federal Highway Administration: CFDA No. CFDA1 Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Saladol Mill Creek Dr accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of the Project State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the The total estimated project cost as shown in Attachment B incudes the Local Govemment's estimated itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included ini the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. Local Government must submit to State evidence of payment for eligible in-kind costs at least once per calendar quarter using the State's In-Kind State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. D. The Project budget and source of funds estimate based on the budget provided in the application is included in Attachment B. Attachment B shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State. This Agreement may be amended from time to time as required tor meet the funding commitments based on revisions to the TASA, FPAA, or other State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. If the Project was State- selected, the State may apply a portion of any excess program funds to cover all or a portion of any overrun based on criteria provided by 43 Tex. Admin. Code $11.411(d). G. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic H. When fixed price funding is used, the Local Government is responsible for thet fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment Project. B. Match Reporting form. federal documents. E. eligible for reimbursement. F. payments have been approved by the State. Page 3 of18 AFATASA Rev. 1/23/2024 DocuSign Envelope ID: EMEU6ESIA489/AA6/-FASABASA/8 TxDOT: CCSI# AFACSIs 0909-36-203 Federal Highway Administration: CFDA No. CFDA Title 0909-36-203 AFAID 200008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment Bfor plan review. At least 60 days prior tot the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment B1 for State's estimated construction oversight and construction cost. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment B and 100 percent of any overruns above the federally authorized amount. Local Govemment will make payment to State within 30 days from receipt of State's Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation". The warrant will be deposited by State and managed by State. Funds Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid Ini the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. Ifany existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats orre-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall meani the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptançe of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. State will not pay interest on any funds provided by Local Government: State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Local Government. J. written notification. K. L. M. N. may only be applied by State to Project. by the owing party. removal, and adjustment of eligible utilities. O. P. Q. Agreement. Page 4 of 18 AFATASA Rev. 1/23/2024 DocuSign Envelope ID: BA4IE06E61A-4897-8489/846/-F85A8A847187 TxDOT: CCSJH AFACSIs 0909-36-203 Federal Highway Administration: CFDA No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in at form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and iffederal funding is reduced as a result, State shall have no responsibility to reimburse IfLocal Government is an Economically Disadvantaged County (EDC) or the State or MPO selected project meets the State's or MPO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement, this agreement reflects Local Government for those costs. S. those adjustments. Termination of the Agreement 4. A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; By any party with 90 days written notice; or be paid by the breaching party. 2. 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. C. The Agreement may bet terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of D. IfLocal Govemment withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may Local Govemment fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, $$11.400- The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. Local Government withdraws from participation in Project. State determines that federal funding may be lost due to Project not being Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement B. termination; E. be eliminated from the program, and this Agreement terminated, if: 1. 2. 3. 4. 5. 11.418. implemented and completed. Page 5 of1 18 AFA TASA Rev. 1/23/2024 DocuSign Envelope ID: TxDOT: CCSI# AFACSIs 0909-36-203 Federa! Highway Administration: CFDAI No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr beyond the current fiscal biennium is subject to availability of appropriated A construction contract has not been awarded or construction has not been initiated within three years after the date that the Commission or MPO selected the project or by a letting date determined by the state and agreed to by the 7. Local Govemment fails to attend progress meetings at least twice yearly, as State, at its sole discretion, may terminate this Agreement if State does not receive project invoice from Local Government within 270 days of FPAA. funds. 6. Local Government. scheduled by State. F. 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Goverment's failure to ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. At the State's discretion, State may reimburse Local Government for minor, incidental utility adjustments that are identified during the preliminary engineering phase ift they are eligible for federal reimbursement. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TASA participation if the following conditions are met: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) TASA funding is available. Any change orders must be approved by State prior to incurring any Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- Agreement and shall be cumulative. 7. Utilities cost for which reimbursement is sought. Environmental Assessment and Mitigation 8. aid projects. A. B. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Page 6 of 18 AFA TASA Rev. 1/23/2024 DocuSign Envelope ID: BM1E06E61A-489744897848/-F8ABA647187 TxDOT: CCSI#. AFACSIS 0909-36-203 Federal Highway Administration: CFDAI No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr Government's financial share of Project unless specified in the nomination form and Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, including any public hearing requirements that may be necessary when adding a bike lane. D. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all approved by State or MPO in consultation with State. C. environmental clearances have been obtained. 9. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by the Local Government In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services or if these services will be used as in-kind contributions; and with Texas Government Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Variety B. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Offiçials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All design criteria for bicycle and pedestrian bridges must comply with TxDOT's Bridge Design Manual and AASHTO's Load and Resistance Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest edition) as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. When architectural and engineering services are provided by or through Local Govemment, Local Govemment shall submit any plans it has completed to State for review and approval on an agreed upon schedule. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. D. When architectural and engineering services are provided by or through State, then the C. Page 7 of 18 AFATASA Rev. 1/23/2024 DocuSign Envelope ID: EMEU5E6IA489/8A8/-F8ABA64/187 TxDOT: CCSI# AFACSIS 0909-36-203 Federal Highway Administration: CFDA No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado! Mill Creek Dr State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work, including any proposed changes to the scope of work, as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. To ensure federal funding eligibility, projects must B. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by C. All contract change order review and approval procedures must be approved by State D. Ift the Local Government is the responsible party, the State must review and approve E. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. F. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, at finding of cost effectiveness shall be made in compliance with G. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the be authorized by State prior to advertising for construction. State or by Local Government. prior to start of construction. change orders. 23 CFR Subpart 635.B. contractor. 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period commensurate with the federal investment or State rules, whichever is greater. Should Local Govemment at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2CFR Part 2001 federal recapture requirements. Should Locai Govemment consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for Page 8 of 18 AFA TASA Rev. 1/23/2024 DocuSign Envelope ID: BMEU6E6IA-48978489/846/-F83ABA84/187 TxDOT: CCSI# AFACSIS 0909-36-203 Federal Highway Administration: CFDA No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village ofs Salado Mill Creek Dr the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside açcording to this provision shall be expended using açcounting procedures and with the property management Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of property, as applicable. any warranties under this Agreement. C. standards established in 2 CFR Part 200. D. Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall bet the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real IfLocal Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the Local Government will comply with and assume the costs for compliance with all the requirements of Titie II and Title HI of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC $4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR $24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of (1) State, if the real property is to be made part of the State Highway System, or (2) Local Government, if the real property. is not to be made part of the State Highway System. The evidence of title or rights shall be acceptable to State and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. property. B. C. site to perform all activities required to execute the work. review and inspection. D. Page 9 of 18 AFATASA Rev. 1/23/2024 DocuSign Envelope ID: BMAE06E6IA4897.84897848/-F83ABA047187 TXDOT: CCSJ# AFACSIs 0909-36-203 Federal Highway Administration: CFDA No. CFDAT Title 0909-36-203 AFAID 200008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr Local Government shall be responsible for securing any additional real property Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approvai prior to Local Govemnment acquiring the real property. Tracings of the maps Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State at tabulation of the values sO determined, signed by the appropriate Local Govemment representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Govemment in performing this work may be eligible for reimbursement after Local Govemment has received written authorization by State to proceed with determination ofreal property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. Local Government will not be reimbursed for right-of-way costs on state-selected G. For State-selected TASA projects, Local Govemment shall not use eminent domain or Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent oft the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Local Government will not be reimbursed for right-of-way costs on state-selected projects. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of J. IfProject requires the use of real property to which Local Government will not hold title, as separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment. For State-selected projects, this is outlined in 43Tex. Admin. Code $11.417. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate Local Government shall execute individually or produce al legal document as necessary top provide for Project's continued use from the date of completion and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. required for completion of Project. E. F. shall be retained by Local Government for a permanent record. projects. condemnation to acquire real property for this TASA Project. H. I. these costs. agreement shall be provided to State. K. Page 10of18 AFATASA Rev: 1/23/2024 DocuSign Envelope ID: 1BMAE06E6IA487.848/#83ABA647187 TXDOT: CCSI# AFACSIs 0909-36-203 Federal Highway Administration: CFDA No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment oft the Federal funds, as appropnate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm M. Before the advertisement for bids, Local Government shall provide a certification to A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. B. For projects including buildings, Local Government agrees toi insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. Project's continued use and upkeep. State that all real property has been acquired. 14. Insurance 15. Notices, Invoices, Payments, and Project Inquiries prepaid, addressed to that party at the following address: All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage Local Government: State: Village of Salado ATTN: Village Administrator 301 N. Stagecoah Salado, TX 76571 Texas Department of Transportation ATTN: Director of Contract Services 125E. 11th Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried Invoicing, payment, and project inquiries must be sent to the following address, which the State may change by sending written notice of the change to the Local Government: out by the other party. Texas Department of Transportation ATTN: Local Government Project Coordinator 100S. Loop Dr Waco, TX 76705 Page 11 of18 AFATASA Rev. 1/23/2024 DocuSign Envelope ID: TxDOT: CCSI# AFACSIs 0909-36-203 Federal Highway Administration: CFDA No. CFDATitle 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr Al invoicing, payment, and project inquiries must include the following information: County: CSJNo.: Project Name: Bell 0909-36-203 Local Government: Village of Salado Highway or Roadway: Mill Creek Dr Village of Salado Mill Creek Dr 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall not affect any other provisions and this Agreement shall be construed as ifit did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for itsi individual acts and deeds as well as the acts and deeds of its contractors, employees, Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, Local Government This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject representatives, and agents, 18. Ownership of Documents property of Local Government. 19. Document and information Exchange submit any information required by State in the format directed by State. 20. Compliance with Laws shall furnish State with satisfactory proof oft this compliance. 21. Sole Agreement matter. AFATASA Page 12 of 18 Rev 1/23:2024 DocuSign Envelope ID. BMEUSEBIA489/8A8/-F83ABA64/IB TxDOT: CCSI# AFACSJS 0909-36-203 Federal Highway Administration: CFDAI No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, The parties to this Agreement shall adhere to the procurement and property management standards established in 2CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the! State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and and allocable to Project. 23. Procurement and Property Management Standards purchases to be eligible for state or federal funds. 24. inspection of Books and Records transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Requlations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will and made part of this Agreement. B. forth in Appendix B of 49 CFR Part 21. C. national origin. D. Page 13 of18 AFATASA Rev. 1/23/2024 DocuSign! Envelope ID: BME06E6IA4897.84897848/-F83ABA647187 TXDOT: CCSJ# AFACSIs 0909-36-203 Federal Highway Administration: CFDAI No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart, 64# 37260 Project Name Village of Salado Mill Creek Dr permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required oft the Local Government Is in the exclusive possession of another who fails or refuses tot furnish this information, the Local Government will sO certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the Sanctions for Noncompliance: Int the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but 1. withholding of payments to the Local Govemment under the Agreement until the 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect information. not limited to: E. Local Government complies and/or F. the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, fori itself, its assignees, and successors ini interest agree to comply with the following nondiscrimination statutes and authorities; A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. $2 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part2 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. S 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). Federal-Aid Highway Act of 1973, (23U.S.C.5324 et seq.), as amended, (prohibits D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. $6101 et seq). (prohibits Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the including but not limited to: C. discrimination on the basis of sex). discrimination on the basis of age). F. sex). Page 14 of18 AFATASA Rev 1/23/2024 DocuSign Envelope ID: BMAIEU6EGIA48978A8/-F83ABAB4/18 TxDOT: CCSI# AFACSIS 0909-36-203 Federal Highway Administration: CFDAI No. CFDA1 Title 0909-3 36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr programs or activities of the federai-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles Il and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability int the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42U.S.C. SS 12131-12189) as implemented by Department of Transportation regulations at 49 The Federal Aviation. Administration's Nondiscrimination statute (49 U.S.C. $47123) (prohibits discrimination on the basis of race, color, national origin, and sex). Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental. effects on minority Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C.1 1681 C.F.R. Parts 37 and 38. I J. and low-income populations. K. etseq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Govemment shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federaly-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: ntp/tp.dotsiatetkusupixda-ntonoop/dbe/moumou attachments.pdf. Local Government shall not discriminate on the basis of race, color, national origin, or sexi ini the award and performance of any DOT-assisted contract or in the administration ofi its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference ini this Agreement. Implementation oft this program is a legal obligation and failure to carry outi its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud requirements established in 49 CFR Part 26. B. E. Civil Remedies Act of 1986 (31 USC S 3801 et seq.). Page 15 of18 AFA TASA Rev: 1/23/2024 DocuSign Envelope ID: BME06E6IA4897.8489/846/-F83ABA647187 TXDOT: CCSI# AFACSIs 0909-36-203 Federal Highway Administration: CFDA No. CFDATitle 0909-3 36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart. 64# 37260 Project Name Village of Salado Mill Creek Dr F. Each contract Local Govemment signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate." 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Govemment certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to Ifstate funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule $20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. In executing this Agreement, each signatory certifies to the best of that signatory's knowledge A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person fori influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative B. Ifany funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, Disclosure Form to Report Lobbying," in accordance with its C. The parties shall require that the language of this certification bei included in the award documents for ail sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall Programs under Executive Order furnish a copy of the certification. 29. Lobbying Certification and belief, that: agreement. instructions. Page 16 of18 AFATASA Rev 1/23/2024 DocuSign Envelope ID; 1BMAE06E6IA4897.84897846/-F83ABA647187 TxDOT: CCSJ# AFACSIS 0909-36-203 Federal Highway Administration: CFDA No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC $1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http: lwww. gpo.govfdsyslpka/FR-2010.0914pdf2010-22705 pdf and http: /www. gpo.goVIdys/KAFR.201008-14pdt2010-22706padf $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements A. B. Local Government agrees that it shal!: 1. 2. Obtain and provide to State a System for Award Management (SAM) number (Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: mtps/samgowsAMpagespubicindexst Obtain and provide to State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do sO by visiting the Dun & Bradstreet on-line registration website p/Asebomsttom Report the total compensation and names of its top five executives to State if: a. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and The compensation information is not already available through reporting and 3. b. toi the U.S. Securities and Exchange Commission. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2CFR Part B. Ifthreshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact C. Ife expenditures are less than the threshold during Local Govemment's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We Govemment will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been 200. TxDOT's Compliance Division at sngleaudis@udotgoy. did not meet the $ a single audit performed for FY expenditure threshold and therefore, are not required to have D. For each year Project remains open for federal funding expenditures, Local incurred within the current fiscal year. Page 17 of1 18 AFATASA Rev. 1/23/2024 DocuSign Envelope ID: BA4IEUE6IA489/-9489/248/-F83ABA647187 TxDOT: CCSI# AFACSIS 0909-36-203 Federal Highway Administration: CFDA No. CFDA Title 0909-36-203 AFAID Z00008892 20.205 Highway Planning and Construction AFA Not Used For Research & Development District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr 32. Signatory Warranty Each signatory warrants that the signatory has neçessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT USEUSInRISY Manul De la Rosa 594C13FAD2CE488 Signature Manny De La Rosa Village Administrator Docusignedby: kunnth Stwwart 1CDABOFD88C4B6. Signature Kenneth Stewart Typed or Printed Name Director, Contract Services Typed or Printed Title 5/8/2024 Date Typed or Printed Name Typed or Printed Title 5/8/2024 Date Page 18 of18 AFATASA Rev. 1/23/2024 DocuSign Envelope ID TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-203 AFAID AFACSJS 0909-36-203 District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr Z00008892 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT A PROJECT LOCATION MAP End Project H Maryiant 35 7, s a ai Milc Creeiz Dive Sdlade Pinza Con Begin Project Saintj josephs Episcopal Church Sulado Water Supply t P Presbyrenan Solodo Church Sculpturs of Salado Gorden MWenuNas Page 1of1 AFA TASA AttachmentA 1/123/2024 ggge 00 98g88 eege 00 - 8888 - g8ggg ege 80 ggge - 00 DocuSign Envelope ID: TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-203 AFAID AFACSJs 0909-36-203 District# 09-Wac Code Chart 64# 37260 Project Name Village of Salado Mill Creek Dr Z00008892 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT C RESOLUTION OF LOCAL GOVERNMENT RESOLUTION AUTHORIZING EXECUTION OF AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FORA TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA)PROJECT WHEREAS, on October 28, 2021, vial Minute Order 116126, the Texas Transportation Commission authorized Village of Salado Mill Creek Drive project (the "Project) to receive Transportation Alternatives Set-Aside (TASA) funds for project construction and Texas Department of Transportation (TxDOT or the State) oversight; and WHEREAS, the TASA funds require al local match, comprised of Transportation WHEREAS, the Village of Salado is responsible for all non-reimbursable costs and WHEREAS, the Governing Body of Village of Salado desires to reaffirm its support of the Project and approve and authorize the execution of an Advance Funding Agreement (AFA) NOW,THEREFORE, BEI IT RESOLVED BY THE BOARD OF ALDERMEN OF THE VILLAGE OF SALADO THAT the Village Administrator is hereby authorized to execute an Development Credits (TDCs); and 100% ofoverruns, ifa any; and with TxDOT for the Project. AFA with TxDOT for this Project. PASSED and APPROVED by majority vote of all members of the Board of Aldermen of the Village of Salado on the 21st day of March, 2024. Mayor, Village oSalado FRE ATTEST: Aibra Bear Debra Bean, City Secretary Page 1of1 AFATASA Attachment C 1/23/2024 Project Name: PED I CS Williams Road Sidewalks DocuSign Envelope ID: TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED Ics Williams Rd Sidewalks AFACSJS 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development STATE OF TEXAS COUNTY OF TRAVIS $ S ADVANCE FUNDING AGREEMENT Carbon Reduction Program For Off-System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the Village of Salado, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement WHEREAS, the Texas Transportation Commission passed Minute Order Number 116522 authorizing the State to undertake and complete al highway improvement or other transportation project generally described as Construct ADA accessible sidewalks adjacent to Williams Rd from FM 2484 to W Village Rd.. The portion of the project work covered by this Agreement WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated 03/21/2024, which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a to implement its public purposes, and system within the political subdivision, and and other transportation projects, and isi identified in the Agreement, Article 3, Scope of Work (Project), and part of this Agreement. AFA LongGen Page 1of.17 Rev. 2/27/2024 DocuSign Envelope ID: 52244F58F089-698AB9597E03SAEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED ICS Williams Rd Sidewalks Agreement, it is agreed as follows: AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 Local Government" 2. Local Government" 3. Local Government" 4. Local Government 5. Local Government" Utilities Article 8 Article 11 Article 12 Article 14 Environmental Assessment and Mitigation Article 9 Architectural and Engineering Services Construction Responsibilities Right of Way and Real Property An asterisk next to the party responsible for specific work in the above table indicates that the associated specific work is not anticipated as part of the Project and is therefore not included in the budget; however, the party indicated will be responsible for that specific work if that work is not the subject of another agreement and the State determines that the specific work has become necessary to successful completion of the This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is The scope of work for the Project consists of the construction of ADA accessible sidewalks adjacent to Williams Rd from FM 2484 to W Village Rd as shown on The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. A. Ifthe Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. Iffederal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete wnen at least one individual who is working actively and directly on the Project successfuily completes and receives a certificate for the course entitled "Locai Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT proceoures Uponrequest, the Local Govarment sha!!l provice the ce.tificate of Project. 2. Period of the Agreement completed or unless terminated as provided below. 3. Scope of Work Attachment A. 4. Project Sources and Uses of Funds AFAL LongGen Page 20f17 Rev 2/27/2024 DocuSign Envelope ID: 5224-38F6894896ABAB9597E03SAEC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PEDI CS Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending C. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs ofr real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management, D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. Ift the Local Government is due funds for expenses incurred, these funds will be E. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the F. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when G. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the! Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local directly oversee the Project. authority is formally obligated. and (6) any other local project costs. reimbursed to the Local Govemment on a cost basis. Local Government. periodic payments have been approved by the State. AFALongGen Page 3of17 Rev. 2/27/2024 DocuSign Envelope ID: 5244F58F689-4898.AB98AB597E03AE8C82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAI ID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED cs Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Government is determined to be ineligible fori federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. Ata minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share fori the State's estimated construction oversight and construction cost. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the' "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer ofi funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. The State will not pay interest on any funds provided by the Local Government. M. Ifav waiver for the collection of indirect costs for a service project has been granted under 43 TAC $15.56, the State will not charge the Local Government for thei indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion oft the N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in ai form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. Ifthe Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly througha subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectiy through a subcontract under this Agreement acts as acceptance of the authority of the state auditor. under the direction of the legislative audit committee, to conduct an audit or investigation In connection with those funds. An entity that is the subject of an audit or investigation must provide I. J. K. accordance with this Agreement. L. Project. Agreement reflects those adjustments. work items will be promptly paid by the owing party. AFA LongGen Psge 4of17 Rev. 2/27/2024 DocuSign Envelope ID: 52244F58F894B88AB9BAB597ED3SAEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED Ics Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development the state auditor with access to any information the state auditor considers R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. Iffunds are not appropriated, this Agreement shall bei terminated immediately with no liability to either party. This Agreement shall remain in effect until the Project is completed and accepted by all A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Govemment agrees to reimburse the State fori its reasonable actual costs D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State relevant to the investigation or audit. 5. Termination of This Agreement parties, unless: incurred during the Project; or within ninety (90) days of termination; or may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility façilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds for the cost of required utility work. The Local Government must obtain advance through a mutually agreed upon, written amendment. 7. Remedies either party tot this Agreement and shall be cumulative. 8. Utilities AFAI LongGen Page 5 of17 Rev. 2/27/2024 DocuSign Envelope ID: 224F58F689-898-A8AB597E035AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PEDI Ics Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the D. The preparation of the NEPA documents required for the environmental Ifthe Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- before construction is commenced. Environmental Assessment and Mitigation 9. C. Project schematic. clearance of this Project. environmental clearances have been obtained, 10. Compliance with Accessibility Standards 336) (ADA). 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system. the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials in procuring professional services. the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBES). ADA, and (AASHTO) design standards. AFA LongGen Page6of 17 Rev: 2/27/2024 DocuSign Envelope ID: 244Fs86F68-B9BAB9597E035AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED IcS Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State The party named in Article 1, Responsible Parties, under AGREEMENT is responsible Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for B. Ift the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with E. Ift the Local Government is the responsible party, the State must review and Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form' "FHWA-1273" in the contract bidding documents. Ifforce account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 prior to execution by the Local Government. 12. Construction Responsibilities for the following: A. construction. approval prior to letting. the vendor. approve change orders. F. engineer(s) licensed in the State of Texas. CFR6 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. AFALongGen Page 7 of17 Rev. 2/27/2024 DocuSign Envelope ID: 5224F58F894698A896A69597E03SAEBC82 TxDOT: CCSJ# AFACSJs 0909-36-187 Federal Highway Administration: CFDA No. 20.205 0909-36-187 AFAID Z00006045 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development District# 09-WAC Code Chart 64# 37260 Project Name PEDI CS Williams Rd Sidewalks 14. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. The Local Government shall be responsible for the following: A. Right of way and real property acquisition shall be the responsibility of the Local Govemment. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of B. If the Local Government is the owner of any part of the Project site under this Agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to C. All parties to this Agreement will comply with and assume the costs for compliance with all the requirements of Title Il and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use ini the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Govemment shall be responsible for securing any additional real property E. Int the event real property is donated to the Local Government after the date of the State's authorization, the Local Government will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Government's financial share. If donated property is to be used as a funding match, it may not be provided by the Local Govemment. The State will not reimburse the Local Government for any real property acquired before execution of this Agreement and the obligation of The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquining the real property. Tracings of the maps shall be retained by the Local Government for a G. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the right of way or real property. execute the work. representatives for review and inspection. required for completion of the Project. federal spending authority. F. permanent record. AFA LongGen Page 8 of17 Rev. 2/27/2024 DocuSign Envelope ID: 5224F86F689-896AB98AB597E035AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PEDI Ics Williams Rd Sidewalks AFACSJS 0909-36-187 CFDA1 Title Highway Planning and Construction AFA Not Used For Research & Development the State a tabulation of the values sO determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization ofi improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the temms and provisions oft this Agreement. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Ift the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this Agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. Ifthis Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may All notices to either party shall be delivered personally or sent by certified or U.S. mail, parcel acquisitions on these values. H. 15. Insurance recover damages and all costs of completing the work. 16. Notices postage prepaid, addressed to that party at the following address: AFALongGen Page 9of17 Rev. 2/27/2024 DocuSign Envelope ID: 6224F58-F6894898ABB9597E035AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED cs Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA1 Title Highway Planning and Construction AFA Not Used For Research & Development Local Government: State: Village of Salado ATTN: Village Administrator 301 N. Stagecoach Rd. Salado, TX76571 Texas Department of Transportation ATTN: Director of Contract Services 125E. 11th Street Austin, TX78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and Ifone or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. The State and the Local Goverment agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, ona monthly basis or as required by the State. The originals shall remain the property of the The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the that request shall be carried out by the other party. 17. Legal Construction 18. Responsibilities of the Parties and agents. 19. Ownership of Documents Local Government. 20. Compliance with Laws satisfactory proof of this compliance. 21. Sole Agreement Agreement's subject matter. AFA LongGen Page 10 of17 Rev. 2/27/2024 DocuSign Envelope ID: 24F88F689-4898AB9B-AB9597E035AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PEDI ICS Williams Rd Sidewalks 22. Cost Principles AFACSJS 0909-36-187 CFDA Titie Highway Planning and Construction AFA Not Used For Research & Development In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materiais available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The parties to this Agreement are responsible for the following: reasonable, and allocable to the Project. 23. Procurement and Property Management Standards funds. 24. Inspection of Books and Records 25. Civil Rights Compliance A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. Nondiscrimination: The Local Government, with regard to the work performed by itduring the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. B. 21. C. AFAL LongGen Page 11 of17 Rev. 2/27/2024 DocuSign Envelope ID: 52244F58F689-896-A898ABB597E035AE8C82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PEDI cs Williams Rd Sidewalks AFACSJS 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development D. Information and Reports: The Local Government will provide all information and reports required by the. Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will sO certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be 1. withholding of payments to the Local Government under the Agreement until 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests E. appropriate, including, but not limited to: the Local Government complies and/or of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. S 2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. S 4601). (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs C. Federal-Aid Highway Act of 1973, (231 U.S.C. S 324 et seq.), as amended, D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. S 6101 et seq.), authorities; including but not limited to: Part 21. and projects). (prohibits discrimination on the basis of sex). 27. (prohibits discrimination on the basis of age). AFA LongGen Page 12 of17 Rev. 2/27/2024 DocuSign Envelope ID: 24F36F6894B98AB9597E00SAEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED cs Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development F. Airport and Airway Improvement Act of 1982, (49U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and HI of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131-12189) as implemented by Department of The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. S 47123) (prohibits discrimination on the basis of race, color, national origin, and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 national origin, or sex). Transportation regulations at 49C.F.R. parts 37 and 38. I. J. sex). 74100). U.S.C. 1681 et seq.). Iffederal funds are used: 27. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program B. The Local Government shall adopt, in its totality, the State's federally approved C. The Local Government shali incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the requirements established in 49 CFR Part 26. DBE program. AFALongGen Page 130f17 Rev. 2/27/2024 DocuSign Envelope ID: 6224F58F689-898AB9597E005AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED! CS Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Adoption of the Texas Department of Transportation's Federaly-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, isi incorporated by reference in this Agreement. Implementation of this program is al legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Uponnotification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor. shall carry out applicable requirements of49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other address htp-/ftp.dot.state. tx.us/pub/bxdot- intolpopdbemoumou attachments.Ddf. E. Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. remedy as the recipient deems appropriate. 28. Debarment Certifications Iff federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation inF Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by Ifstate funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule $20.585 and the Texas Administrative Code, Title 43, Part 1, the State, to furnish a copy of the certification. Chapter 9, Subchapter G. AFA LongGen Page 14 of17 Rev. 2/27/2024 DocuSign Envelope ID: 5224F88F689-898AB98AB9597ED3SAEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED Ics Williams Rd Sidewalks 29. Lobbying Certification AFACSJS 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development If federal funds are used, in executing this Agreement, each signatory certifies to the A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal B. Ifany funds other than federal appropriated funds have been paid or will be paid to any person fori influencing or attempting to influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. $1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than best of that signatory's knowledge and belief, that: contract, grant, loan, or cooperative agreement, Report Lobbying," in accordance with its instructions. $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements Iffederal funds are used, the following requirements apply: A. Any recipient off funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: AtP/Mww-gpogowiGsyXI9PFR20I002 14pdt201022705pdr and tp/Mmw-gpogowidsypkg/R-20100P 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part4.11) if this award provides more than $25,000 in federal funding. The SAM number may be 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website htp/fedgov.dnb.com/webform; 14pdt201022706pd: B. The Local Government agrees that it shall: obtained by visiting the SAM website whose address is: https:/www.: andopoTapDesAw and AFAI LongGen Page 15 of17 Rev. 2/27/2024 DocuSign Envelope ID: 52244F58F689489BAB95-976035AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED IcS Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 3. Report the total compensation and names of its top five executives to the More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting tot the U.S. Securities and Exchange Commission. State if: 31. Single Audit Report Iffederali funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit B. Ifthreshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if appliçable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX C. Ife expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance therefore, are not required to have a single audit performed for FY D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. Requirements for Federal Awards. 78701 or contact TxDOT's Compliance Division by email at singleaudits@txdot. gov. Division as follows: "We did not meet the $ expenditure threshold and AFAL LongGen Page 16cf17 Rev. 2/27/2024 DocuSign Envelopel ID: TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PEDICS Williams Rd Sidewalks 32. Signatory Warranty AFACSJS 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development Each signatory warrants that the signatory has necessary authority to execute this Each party is signing this Agreement on the date stated under that party's signature. Agreement on behalf of the entity represented. THE STATE OF TEXAS THE LOCAL GOVERNMENT DocuSignedby: kunth Stwwat Kenneth Stewart Docusignedby: Manul De la Kosa 6468 Manuel De La Rosa Village Administrator Signature Typed or Printed Name Typed or Printed Title 5/12/2024 Date Signature Typed or Printed Name Typed or Printed Title 5/10/2024 Date Director of Contract Services AFA LongGen Page 17 of17 Rev. 2/27/2024 DocuSign Envelope ID: 5224F58F6894898A898AB597E05AEBC82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED CS Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT A LOCATION MAP SHOWING PROJECT Mnauawy A 2484 FM. 2454 Begin Project Sarado Mddie Schoo! End Project "hro e f Page 1of 1 AFALongGn AitacnmentA DocuSign Envelope ID: 224-58F689-696AB8597E0SAE8C82 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PED Ics Williams Rd Sidewalks AFACSJS 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT B PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Govemment funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Total Estimated Federal Participation State Participation Local Participation Description Construction (by Local Government) Subtotal Environmental Direct State Costs Right of Way Direct State Costs Engineering Direct State Costs Utility Direct State Costs Construction Direct State Costs Indirect State Costs TOTAL Cost % Cost % Cost % $0 20% $123,133.60 $0 $0 100% $0 100% $0 100% $0 100% $0 100% Cost $615,668.00 80% $492,534.40 0% $615,668.00 $280 0% $560 0% $3,913 0% $1,957 0% $7,268 0% $33,192 0% $662,838.00 $492,534.40 $123,133.60 $280 $560 $3,913 $1,957 $7,268 $0 $137,111.60 $0 0% $0 0% $0 0% $0 0% $0 0% $0 100% $33,192 0% $492,534.40 $33,192.00 Initial payment by the Local Government toi the State: $6,710.00 Payment by the Local Government to the State before construction: $7,268 Estimated total payment by the Local Government to the State: $13,978 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of1 AFALongGen Attachment B DocuSign Envelope ID: 224F88F6894B98AB98AB9597E035AEBCB2 TxDOT: Federal Highway Administration: CFDA No. 20.205 CCSJ# 0909-36-187 AFAID Z00006045 District# 09-WAC Code Chart 64# 37260 Project Name PEDICS Williams Rd Sidewalks AFACSJs 0909-36-187 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development ATTACHMENT C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER RESOLUTION/ ALTHORIZING EXECUTIONOF AN ADVANCE FUNDING, AGREEMENT (AFA) WITH THE EXASDEPARIMENTON IRANSPORTATIONI FOR CONSIRUCTION OF ADA ACCESSIBLESIDEWALKSADACENT IO WILLIAMS ROADFROMI FM3 3484 WHEREAS. on. August 16, 2023, vial Minute Order 116522. the Texas Transportation Commission authorized PED CS Williams Rds Sidewalks project (the "Project) lo receive Carbon Reduction Program funds for project toc construct ADA: accessible sidewalks adjacentt to Williams Road from FM: 24841 to W. Village Road and Texas Department of Transportation WHEREAS, the Village ofs Saladu commits top prov ide the match. The local matchis WHEREAS, the Village ofSalado ist responsible for all non-reimbursable costs and WHEREAS, the Goveming Body of Village ot Salado desires to aflirm iss support of the Project, approve and: authorize the execution ofa an Advance Funding Agrecment (AFA) with NOW.DHEREPORE. BE IT RESOLVEDBYTHE BOARDOF ALDERMENOF THE VILLAGE OF SALADO that the Village Administrator Is hereby authorized to execute an AFA PASSED and APPROVEDby majurily vote of: all members ot the Board ofAldemmen of TOW: VILLAGE ROAD (TDOT)oversight, and comprised ofc cash or obtainment ofa loan. and 100% ofc overruns, ifa any: and TKDOT tort the Project. with IxDOT for this Praject the VillageofSalado ont the 21st day oMarch 20.4. Michael Coggin Mayor. Village ol Salado AITESI uhe Bie DbnBrn CAy Secclary Pagaiof1 AFALorgGes Allerbment C Agenda Item # 6F Date Submitted: Agenda Date Requested: October 3, 2024 A Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (F) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON GRANT AWARD FOR FISCAL YEAR 2023 CONGRESSIONALLY DIRECTED SPENDING/ COMMUNITY PROJECT FUNDING GRANTS PROGRAM FOR WATER PROJECTS MPLEMENTATION GUIDANCE, SPECIFICALLY THE $1.5M FOR THE PURPOSE OF WASTEWATER TREATMENT PLANT EXPANSION. NITEDSTATES EMVIROMMIENINL.PROTKTION IGENCY MNINGINDC3NA OFFICEOFWATIER % April 12. 2023 MEMORANDUM SUBJECT: FY2023 Congressionally Directed Spending (CDS)/Community Project Funding (CPF) Grants Program for Water Projects Implementation Guidance FROM: TO: Overview Radhika Fox Assistant Administrator B Regional Water Division Directors. Regions I-X President Biden signed the FY: 2023 Consolidated Appropriations Act (P.L. 117-328) into law on December 29, 2022. Ini this law, Congress continued the practice of funding specifically named community infrastructure projects, referred to by the Senate as Congressionally Directed Spending (CDS) and in the House ofRepresentatives as Community Project Funding (CPF). For this document, the U.S. Environmental Protection Agency (EPA) will refer to CDS/CPF projects as "Community EPA's section of the Consolidated Appropriations Act, 2023, also referred to as the agency's FY2023 Appropriations Act, includes $1,472,364,541 in the State and Tribal Assistance Grants (STAG) account for 715 drinking water, wastewater, and stormwater infrastructure and water quality protection projects.' EPA is committed to aj productive partnership with recipients to achieve the impact ofthese funds in Grants" projects. addressing urgent water challenges. Community Grants Program Final Implementation Guidance (Guidance) This memorandum transmits EPA's Guidance for Community Grants projects identified in the FY 2023 Appropriations Act. The Guidance provides information and guidelines on how EPA will award and administer grants under this program. The Guidance also reviews requirements associated with congressionally appropriated funds to aid EPA Regions' work with Community Grant project funding recipients (recipients) in receiving and using these funds. In addition, the Guidance provides comprehensive instructions for application development and submission and will assist recipients and other stakeholders in understanding project eligibilities and related program requirements. Regional Water Division Directors should ensure this document is distributed to Community Grants project recipients in their respective regions. Recipients may contact Regional Points ofContact with any questions. For more details. see the Community Grants website. Attachment: Community Grants Program Final Implementation Guidance 'EPA received a (otal of733 earmarks lor S1.5billioni in the FY: 2023 law. Of this total.715 earmarks are for water community projects. From: Don Ferguson Sent: Monday, January 1, 202411:40A AM To: Manuel De La Rosa mdehrosesahdotago2 Subject: Fwd: Congressionally directed funding for the Village of Salado Manny, Below is the email regarding gaining access to the funding awarded for the treatment plant So you know there was a mix upi in the original announcement which indicated the funding was awarded for drainage work when it was actually for the plant expansion. We made contactwith them to have them correcti it. You may need to remind them it was for the expansion. Contact info is included ini the email. treatment. FYl...Armand Hunti is our WW engineer with MRB. Hope this info is helpful Thanks. Don Sent from my iPad Beginforwarded message: From: "Hinton, Jordan" inton.orceneepaor Date: December14, 2023at23423PMCST Subject: congressionally directed funding for the Village of Salado My name is Jordan Hinton and! I am a Project Officerwith the EPA- Region 6 Congressionally Directed Funding Grants team. lam contactingyou regarding the Village of Salado's, Federal Fiscal Year (FFY) 2023 Congressionally Directed Project funding. The Village of Salado received $1,500,000 forthe purpose of a stormwater improvement project. FFY2 20231 funds, while appropriated, are not obligated to recipients until they apply for and receive an assistance agreement from the funding Agency. Ini this case, the Village of Salado will need to apply for the grant from EPA, complete federal pre-award requirements such as the National Environmental Policy Act (NEPA), and thenreceive their award. Ifthe 1 project involves developing plans/specifications or construction, the grant cannot be awarded until the NEPA process is complete. The City received the FFY 2023 implementation Guidance memo in April 2023, which outlined the pre-award process, cost share waiver process, requirements under NEPA, and federal procurement regulations, such as Davis-Bacon Prevailing Wage Rates and Build America, Buy America Act domestic preferencer requirements. Our team our like to set up an initial meeting with you and your team to discuss the application process for your CDSgrant. Please schedule a meetingwith us using the following link: tps./calendly.comitcommuntvygrants/6meeting Ifyou have any additional questions, please feel free to contactmyself or our EPA Region 6 Community Grants inbox B6communityGrants@epa.gov. Thanks and have a great Jordan Hinton Project Officer Clean Water Infrastructure Section U.S. Environmental Protection Agency Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270 214-665-7354 intonjordanepa.sow 2 Manuel De La Rosa From: Sent: To: Cc: Subject: Hinton, Jordan Hinton.ordaneepagor Friday, July 19, 2024 10:28AM Manuel De La Rosa McGruer, Danielle; Hunt, Armand Technical Correction CAUTION: 'This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!" Good Morning, The technical correction for the Village of Salado Congressionally directed spending has been approved and completed. The new language of the appropriation reads: "Wastewater Treatment Plant Expansion." You should now be able to submit your application on Grants.gov. Ify you have any questions or problems, feel free to reach out to me. Thank you, Badndliston Project Officer Clean Water Infrastructure Section- - WD-AC U.S. Environmental Protection Agency- Region 6 1201 Elm Street, Suite 500 Dallas, Texas75270 214-665-7354 Hintonjordan@epagox Docusign Envelope ID: BABS1FD2-16084422A4B2A2E21923FD00 CTCOG central texas councit ofgovernments July 31.2024 Mr. Armand Hunt MRB Group 303 W Calhoun Ave Temple TX, 76501 Dear Mr. Hunt. The Central Texas Council of Governments (CTCOG) has been made aware that the Village of Salado has received Congressionally Directed Funds from Representative John Carter'sC Office for CTCOG fully supports this improvement project and has no concerns with it moving forward. the Salado Wastewater Treatment Plant Improvements project. Sincerely, DocuSignedby: Swkud 9A280F6BBD25-43 Jim Reed, AICP Executive Director Central Texas Council of Governments (CTCOG) 2180 Nerih Miin Strees 1o n0x 729 Beiron, TX 7840.251.70.744 FAN 454-770-2260 www.xTcag ors Agenda Item # 6G Date Submitted: Agenda Date Requested: October 3, 2024 AL Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (G) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON FEDERAL APPROPRIATIONS AWARD THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR WEST VILLAGE ROAD DEVELOPMENT PROJECT, GRANT NUMBER B-24-CP-TX-2053. ES.DEPARIIENTOF HOL SING ANDERBAN WASHINGION. DC. 20410-1000 OFRFOPCOMNVENTYH, ANNING. NNDDFVHIOPENE Wednesday. August 28. 202+ Manuel De la Rosa Village of Salado 301 N. Stagecoach Road Salado, TX 76571 Email: mdclarosa@saladoixgow Dear Community Project Funding Grantee, In the Consolidated Appropriations Act, 2024 (Public Law 118-42) (the FY2024 Act), and the Further Consolidated Appropriations Act, 2024 (Public Law 118-47) (the Further FY2024 Act) Congress made $3,290,054,336 in funding available for Community Project Funding (CPF). These CPF awards are administered by the Department of Housing and Urban Development (HUD). HUD received the information below about your project from Congress. A Grant Number has been added and will be the unique identifier for your project throughout the grant process. Grant Number: Project: Amount: B-24-CP-TX-2053 $5.500,000 West Village Road Development Project Grantee/Recipeint: Village of Salado HUD Grant Officer Lauren Thomas/Lauren.Thomas.hud.gov HUD System Officer: Candace.M.Jameson/Candacc.M.Jameson@hud.gov HUD Regional Environmental Officer: David Sem/DmaASemghdg" This letter outlines initial grant award requirements and information needed from you to get started. This Grant Award Package also includes: The "FY2024 Community Project Funding Grant Guide" (FY2024 CPF Grant Guide), the template for your FY2024 Community Project Funding Grant Agreement, and the forms required to complete and submit information online to populate before we sign your FY2024 CPF Grant Agreement. A brief overview of these 1) FY2024 CPF Grant Guide: The FY2024 CPF Grant Guide provides instructions for completing the requested information and filling out the required administrative forms to initiate your FY2024 CPF Grant Agrecment. Please refer to this document as it includes important information and forms for accessing the online system (DRGR), as well as documents is below: otheri information concerning reporting requirements. 2)! FY2024 CPF Grant Agreement for this Award: The FY2024 CPF Grant Agreement specifies the applicable statutory provisions. regulations. and administrative requirements for this award. Please make sure all grantee information and award-specific information is entered completely and accurately before signing this Agreement. When you submit your grant materials on our DRGR Grant Processing Module it will create your customized FY2024 CPF Grant Agreement. 3) Standard Forms and Required Materials: The following forms will be needed: a. Form HUD-1044, Assistance Award/Amendment Form (Attached) b. Standard Form-424 Application for Federal Assistance (in the online system) SF-424-B. Assurances for Non construction Programs. and/or SF-424-D, Assurances for d. SF-LLL Disclosure of Lobbying Activities (as applicable in the online system): tps/wwgranisgoyomayom-posiorsE-amiy SF-1199A Direct Deposit Sign-Up Form: AIP/wwASLOVSVamEESDIVPA: 20.pdf The form is to be completed by the grantee and grantee's financial institution. Grantees will need to submit the completed form and upload to DRGR. Construction Programs (in the online system) Grant Award Process Overview Below is a step-by-step walk-through oft the process and necessary documents and forms to execute your FY2024 CPF Grant Agreement. This process and the forms are also available in the FY2024 CPF pshvhdoupgenn offices/comm plamningedigrantsry, 2024 on HUD.gov and on this Grant Guide, which can also be found on the program's webpage at: webpage tPwwNdexchnse.niopgrmsep. on the HUD Exchange. 1. Grantees should review the Grant Award Package documents. 2. Grantees should initiate or complete the HUD environmental review. 3. Grantees gather all required information and submit to HUD using the online system DRGR. 4. HUD provides access to DRGR system to access the Grant Processing Module to submit required information, answer questions, and upload documents. Once all required information is submitted 5. HUD staff will review the information and documents for completeness. Ifthere are any deficiencies the corrections and/or clarifying questions will be shared with the grantee for correcting or answering the clarifying questions. Ifnot, HUD staff will submit the package internally for a second level review. Then, the Acting Director for the Congressional Grants Division will review the grant 6. HUD will notify the grantee that their FY2024 Grant Agreement has been fully executed and will share additional materials with the grantee to complete to begin the payment processing activities to online HUD will review the completed grant materials submitted. package. Finally, your Grant Agreement will be executed. receive your funds. Page2 Training and Tools FY2024 CPF Onboarding Event: This event will take place in September. We will review this letter and grant award package materials along with sharing next steps and how to sign up fora a FY2024 CPF Grantee Cohorts: This provides you and your staff the opportunity to register fora four-part training for how to prepare your grant materials and submit them online. Information about the registration will be shared via email and during the FY2024 CPF Onboarding Event. FY2024 CPF Grantee Webinar Series: This provides you and your staff with information about the regulations, requirements, and processes for your grant. Information about the registration for the webinar series will be shared via email and during the FY2024 CPF Onboarding Event. FY2024 CPF Grantee Online HUD Exchange Resources: This website page includes general information and your specific Fiscal Year information along with links to past and future technical assistance opportunities. The site is also used for you to register for our listserv and for cohort. The event will be recorded and shared online after the event. communicating updates to you and those on the listserv. Overview of Requirements CPF grants are subject to several Federal requirements. HUD will provide additional information and further clarification regarding applicable requirements and the grant award process inu upcoming webinars and additional technical assistance. The most essential requirements include: I) Administrative Requirements: CPF grants are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 2) HUD Environmental Review Requirements: EDI/CPF grants, like all projects funded by HUD, are subject to requirements under the National Environmental Policy Act (NEPA), HUD's NEPA-implementing regulations at 24 CFR Part 50 or 24 CFR Part 58, and appropriate federal environmental and historic preservation laws, regulations, and Executive Tol be eligible, activities and expenses must comply with applicable Federal requirements. This includes administrative requirements under 2 CFR Part 200, environmental laws, statutes and Executive Orders, and other "cross-cutting" federal Ifthe environmental review is being conducted by a local government responsible entity under Part 58. a Request for Release of Funds and Certification must be approved by HUD. as applicable. Ifthe environmental review is being completed by HUD under Part 50, the environmental review must be approved and certified by HUD. 200). Orders. requirements adhered to by HUD. Page 3 HUD defines the "Federal Nexus" for a program or project as the event that triggers the requirements for federal environmental review under a host oflaws. regulations. and Executive Orders. including the prohibition on choice limiting actions. For FY2024 grants. the date oft the Act's enactment (March 9. 2024) is the federal nexus for compliance with all environmental laws. Once a project is federalized. in keeping with the National Environmental Policy Act (NEPA)and HUD's NEPA-implementing regulations at 24CFR Part 50or24CFR Part 58. environmental reviews must be completed, and all necessary HUD approvals must be obtained prior to taking any choice limiting actions, such as acquisition. construction, ground disturbance, and entering into contracts. Further explanation and guidance on choice limiting actions and the environmental review process, including historic preservation review, is included within the CPF Grant Guide and on the program" S webpage at: psyo-hudachangstopyamscpl. Some projects may already be underway at the time of federal nexus and while it is still best practice to stop all work after the federal nexus before the environmental review is complete for EDI/CPF projects that are already underway at time of federal nexus, grantees are allowed to perform activities after the federal nexus, but only for activities which are part ofa pre-nexus contract that obligates them to do SO. However, grantees would be doing so at their own risk, as any activity performed, or proposed to be performed, after the federal nexus must be included in the project scope ofa satisfactory environmental review A: satisfactory review must show that the project activities will not result in unmitigable environmental harm and must not preclude consultation with the appropriate environmental authorities such as the State Historic Preservation Office (SHPO). Environmental authorities may refuse to consult ifp physical impacts are made to a site before consultation. HUD conducted a nationwide environmental review for FY24 EDI/CPF soft costs to clear activities such as administrative, planning, and operations and maintenance costs (including costs to prepare an environmental review). After execution of the Grant Agreement, eligible soft costs can be incurred after March 9, 2024 (see 2 CFR 200.403). Eligible hard costs can be reimbursed ifincurred after a full environmental review is completed (see 20 CFR ntps/www.hud.ovsieydhleyCPDdocuments/Communtvy-Prorcterinding-Portolio- Ifyou, or your staff, have any questions regarding how to complete or submit the requires documents, please feel free to contact your Grant Officer or System Officer. Please note while your Grant Officer may change over time, we have a team approach to managing your project. Please include your grant number and project in all email correspondence. We tol be reimbursable. 200.403). HUD Environmental Officers: Assignments.pd. look forward to working with you on this important project! Sincerely, Madab byuwm Nadab Bynum Acting Deputy Assistant Secretary for Economic Development Page 4 Assistance Award/Amendment 1.Assistance Instrument 3. Instrument Number B-24-CP-TX-2053 7. Name and Address of Recipient Village ofs Salado 301 N. Stagecoach Road Salado, TX7 76571 EIN: UEH: 10. Recipient Project Manager Manuel Del lal Rosa 11. Assistance Arrangement Cost Reimbursement Cost Sharing Fixed Price 14. Assistance Amount Previous HUD Amount HUD Amount this Action Total HUD/ Amount Recipient Amount Total Instrument Amount 16. Description West Village Road Development Project (A) Cover Page HUD 1044 (B) Grant Agreement Instructions: U.S. Department of Housing and Urban Development Office of Administration 2. Type of Action X Award 5. Effective Date oft this Action 8.HUD Administering Office Cooperative Agreement X Grant Amendment 6. Control Number 4. Amendment Number CPD, Congressional. Grants Division 451 7th Street, SW. Rm 7146 Washington, DC: 20410-7000 8a. Name of Administrator 9.HUD Government Technical Representative Lauren Thomas 13. HUD Payment Office 8b. Telephone Number Lauren. Thomas@hud. gov 12. Payment Method Advance Check X Automated Clearinghouse Treasury Check Reimbursement Chief Financial Officier 15. HUD. Accounting and Appropriation Data 15a. Appropriation Number Amount Previously Obligated Obligation by this Action Total Obligation 15b. Reservation Number EDE24 $5,500,000.00 $5.500,000.00 $5.500,000.00 This Award consists oft the following items which are appended to and hereby made part of this Award: NO PROJECT FUNDS may be committed tot the project or drawn down prior to environmental release of funds approval. hupslww uakchmsinlammsamemsminmauimiudulsmisslwtsumtastimaiw issntiglummmsemalolises Disclaimer: The information ont this formi is to be used only for purposes of recordkeeping and facilitating communication between the Recipient identified in box 7 above (which is also referred to as the "Grantee") and the U.S. Department of Housing and Urban The terms and conditions for this award are as specified in the grant agreement signed by HUD and the Grantee Locate your nearest HUD Regional Environmental Officer at Development ("HUD") in relation to the awardi identified above ("this award"). This document does NOT constitute the grant agreement for this award. Recipient is required tos sign and return three (3) copies of this document tot the HUD. Administering Office. 18. Recipient Is not required to sign this document. 19. Recipient (By Name): Manuel De la Rosa Previous Editions are Obsoiete 20. HUD (By Name): form HUD-1044 (8/90) Ref. Handhook 2210.17 Agenda Item # 6H Date Submitted: Agenda Date Requested: October 3, 2024 SA Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (H) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON RESCINDINGI REPEALING THE RESOLUTION APPROVED ON APRIL 6, 2023, ON PROHIBITION OF FIREARMS INTO THE ROOM OR ROOMS OF ANY MEETING SUBJECT TO CHAPTER 551, TEXAS GOVERNMENT CODE. Approved and Adopted by Salado Board of Aldermen on April 6, 2023 RESOLUTION NO. A RESOLUTION OF THE CITY OF THE VILLAGE OF SALADO; TEXAS, PROHIBITING THE CARRYING OF A HANDGUN INTO THE ROOM OR ROOMS IN WHICH ANY MEETING OF THE BOARD OF ALDERMAN, MUNICIPAL COURT, OR ANY CITY BOARD OR COMMISSION THAT IS SUBJECT TO CHAPTER551, WHEREAS, Texas Penal Code Section 46.035(c)makesit: an offense foral handgun license holder to intentionally, knowingly, or recklessly carry a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and ifthe meeting is an open meeting subject to Chapter 551,Government Code (the "Texas Open WHEREAS, Texas Penal Code Section 46.03(a)(3) prohibits a civilian (licensed or unlicensed) from intentionally, kmowingly,orrecklesiy carrying a firearm on the remises ofany governmental court or the offices used by the court unless authorized to do sO under written regulations or WHEREAS, license holders must be given effective notice under Penal Code Sections 30.06 and WHEREAS, Texas Penal Code Section 30.06 requires that signage created in accordance with that section be "displayed in a conspicuous manner clearly visible to the public," and WHEREAS, Texas Penal Code Section 30.07 requires that signage be diplyedimaconpicuos manner clearly visible to the public at each entrance to the property;" and WHEREAS, the best interpretation of these provisions is to display the signage at the entrances WHEREAS, it may be difficult for a license holder, without notice provided by signage, to WHEREAS, the Board of Aldermen of the Village of Salado, Texas (the "Village") finds that the most appropriate way to protect the attendees of meetings of the Board of Aldermen or any other Village board, committee, or commission that is subject to the Texas Open Meetings Act, or the municipal court of the Village, is to prohibit the carrying ofa firearm by a license holder, or the NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE 1. Pursuant to Texas Penal Code Section 46.035(c), the open or concealed carry of any firearm by a person licensed under Chapter 411, Subchapter H into the room or vooms in TEXASCOVERNMENT CODE IS MEETING. Meetings Act"), and the entity provides notice as required by that chapter; and authorizations of the court; and 30.07; and toCity Hall; and definitively know where he or she may lawfully carry a firearm; open carry ofa fircarm, ini those mectings. VILLAGE OF SALADO,TEXAS, that: apparent. This Ordinance shall not be construed to require or allow any act which is prohibited by any other Ordinance. EFFECTIVE DATE This RESOLUTION shall be in full force and effect from and after its date of approval. APPROVED: 2023. APPROVED: Michael Coggin, Mayor ATTEST: Don Ferguson, Village Administrator Joshua Katz, City Attorney 3 Agenda Item # 61 Date Submitted: Agenda Date Requested: October 3, 2024 SAL Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (I) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON NOMINATING MAYOR BERT HENRY TO THE CENTRAL TEXAS COUNCIL OF GOVERNMENT (CTCOG) AS A REPRESENTATIVE OF SMALL CITIES UNDER 12,500. Manuel De La Rosa From: Sent: To: Subject: Jim Reed ymreed@ctcogorg> Friday, September 27, 2024 11:47 AM Manuel De La Rosa Re: Smail City's Representative on the CTCOG executive committee CAUTION: 'This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!" Hei is seeking appointment as the representative of small cities under12,500. What Iwill need is al letter from the Aldermen nominating him. Iwill then putit on our next agenda. Our next meetingi is the fourth Thursday of October. After that the next time would be. January. Sent from myi iPhone OnSep 27, 2024, at 10:20. AM, Manuel De La Rosa mdelarosagsaladob4govwrote: Good morning, Mr. Reed, Mayor Henry informed me that he is interested in being nominated by the Salado Board of Aldermen to serve as the subject representative. Please send me any information on the representative position that imay share with the Salado Aldermen. Thank you for your time on this matter. Best regards, Manny De La Rosa Agenda Item # 6J Date Submitted: Agenda Date Requested: October 3, 2024 Agenda Item: Discussion and Possible Action Project/Proposal Summary: 6. (J) DISCUSSION AND POSSIBLE ACTION DISCUSSION AND POSSIBLE ACTION ON APPROVING RESOLUTION NUMBER R2024-06, A RESOLUTION SUPPORTING THE CREATION OF A WATER AUTHORITY FOR OUR CENTRAL TEXAS REGION AS A MEANS AND AS A COMMITMENT TOWARD SECURING OUR WATER FUTURES AND ADDRESSING THE PRESSING NEEDS OF GROWTH, DEVELOPMENT, AND PUBLIC SAFETY. SAL Resolution Number R2024-06 Board of Aldermen, Village of Salado, Texas WHEREAS, Village of Salado is committed to the future of our communities, ensuring that all citizens have access WHEREAS, Village of Salado is committed to protect the well-being of everyresident by securing the water rights and water infrastructure necessary to meet growing demands during these unprecedented times; and WHEREAS, Village of Salado committed toi the continuation of economic growth and development to meet the needs of our future generations, knowing that ar reliable, sustainable water supply and water infrastructure is WHEREAS, Village of Salado recognizes that no single entity ini the region can adequately address or meet these WHEREAS, Village of Salado recognizes that an alliance of entities from across the region is the best means to secure adequate, equitable, sustainable, and resilient water supply and water infrastructure for thet future; and WHEREAS, Village of Salado recognizes that the creation of a water authority would be the best vehicle for meeting NOW, THEREFORE, BE IT RESOLVED THAT Village of Salado supports the creation of a water authority for our Central Texas region as a means and as a commitment toward securing our water futures and addressing the toareliable and sustainable water supply and wateri infrastructure;and critical to meeting these needs; and needs; and the water supply and water infrastructure needs of the region for the future; pressing needs of growth, development, and public safety. APPROVED the 3rd.day of October, 2024. Bert Henry, Mayor Attest: Debra Bean, City Secretary REGIONAL WATER SUPPLY ENTITY FOR CENTRAL TEXAS CENTRALTEXAS WATER ALLIANCE BENEFITS OF ACTIONABLE: SOLUTIONS Meeting Current Water Supply Challenges THE NEED FOR NEW SUPPLY OPTIONS & RESILIENCY Since thei impoundment of Lake Belton in 1954 Central Texas has hadan abundant water supply forresidents, businesses, and industry. Three relied on that supply for their needs. Now, some 70 years later, news supply growing statei in the country, with Bell County and the Central Texas region growing at at faster rate than Texas. Growtha along the Interstate 35 and Interstate 14 corridors is forecastedto continue for the foreseeable future. Under the leadership of Bell County, several water purveyors, and stakeholders, a Central Texas Water Alliance is potentially forming to bea catalyst to leverage support for near term regional water projects as wella as pursue long term water: supply for the next generations of Central Texans. No single entity in the region has the capacity, either in existing water supply and/or infrastructure to meet the needs and challenges for the region with the anticipated demands of the growth and expansion that is forecasted. A consortium of entities, leveraging individual interests: and resources, will address this A reliable regional water source is essential to support sustainable economic growth, enabling new businesses to establish themselves in the area and existing industries to expand without facing water- 5 Access to a secure and clean water supply is critical for public health, reducing the risk of waterborne diseases, and residents have access to safe drinking water at all times. ensuring that Developing a managed regional water source will help protect local ecosystems by reducing the over-extraction of groundwater and preserving rivers and lakes from depletion and pollution. Investing in a regional water source will increasingly volatile global water landscape. generations options are of Central Texans! have help challenge. Economic Development related constraints. PublicHealth: and Safety needed. Texasi is the fastest Environmental Protection Long-term Sustainability 5 solution to water scarcity, ensuring that future provide generations a long-term have the resources they need to thrive in a changing climate and ALLIANCE GUIDING PRINCIPALS 30,000-45,000 We are committed to ensuring the safety and well- being of our communities by establishin ac-ft Projected shortfall of supply needs by 2070 5-10 Planned Supply Endeavors ? 1-14t01 Entities 1-35 representing corridor a reliable and sustainable regional water source. This is not just a project; it is a promise t protect the health and security of everyindividual who depends on this vital resource. We will drive economic growth and development by securing a stable water supply tha businesses and industries can rely on. Our commitment is to create an environment wher companies can thrive, knowing that their water needs are met both now and in the future. We guarantee the preservation of our natural resources through responsible wate management practices. By investing in a regional water source, we are pledging t We pledge to provide equitable access to clean water for all citizens in our region. Thi project is our VoW to ensure that every person, regardless of their location or eçonomi status, has access to the essential water resources they need to live and prosper. We are dedicated to building a resilient infrastructure that can withstand the challengesc tomorrow. Our commitment to this regional water source is a commitment safeguard our environment for generations to come. CONTAGT David Blackburn, County Judge 254.933.5100 DavidBlarkpumneballebelcounrylexasooy to the long-teri safety, security, and sustainability of our community. Frequently Asked Questions Who are the Central Texas Water Alliance Formal partners of the Central Texas Water Alliance participants? are... Entry Point2 MG store Entry EAst8 Supplen EntryPdht3 5MG storage The Alliance is pursuing an agreement inj plaçe with the Brazos River Authority to share in water treatment and treated water pipelines to deliver water to the cities in Bell, Coryell, Milam, Falls, and Lampasas Counties. Whata are the Central Texas' Water Alliance objectives? The objective is to develop a cost-efficient project for public water supply treatment and delivery, as well as manage future water need in a fast-growing region by supplementing current water supply with groundwater from the Simsboro Layer of the Carrizo- Wilcox Aquifer. Ina addition, develop, construct and management. ASRI locations for storage of regional groundwater as well as excess The Alliance as a Regional Water Authority began the planning process in 2024 and plans on starting to deliver water to Central A water authority is 8 political subdivision of the State of Texas created by the Texas Legislature with the ability to develop water supply, transport water, and develop wastewater treatment facilities. The Central Texas Water Alliance will be created through the passage of legislationa authority and filed by local State Representative, Brad Buckley and State Senator, Pete Floresin the 88th Texas Each of the members contribute funding for the project in percentages proportionate to water supplied. Capital funding of the infrastructure is primarily provided by way of bond issuances through the Texas Water Development Board and Federal Infrastructure funds leverage with the! Support of Congressman Carter. The operations and maintenance of the Alliance are funded How are resources from the Simsboro Layer of the Carrizo-Wilcox aquifer and the Hosston Layer of the Trinity Aquifer Aquifers in Texas are primarily managed by individual groundwater conservation districts. In the area of the Alliance project, the Carizo-Wilcox Aquifer is managed by the Post Oak Savannah Underground Water Conservation District (POSGCD) and the Trinity Aquifer is managed in part by the Clearwater Underground Water Conservation District (CUWCD). The two districts work together with other districtsi inal larger regions, known as Groundwater Management Areas (GMA), to determine whatf future they want for the aquifers. The groundwater districts, GMA-8, and GMA-12 rely on Groundwater Availability Models (GAMs) which are computer programs that account for water: 1remaining in the aquifer, 2) leaving the aquifer, and/or 3) entering the aquifer. They help predict the impact of pumping systems. Advanced use of these models are underway and will also necessitate the need for water level monitoring once the wells become productive. Scientists collect and organize data associated with groundwater and aquifer properties, including groundwater levels, well drilling reports, pumping records, andi rock and sediment types. They addit it to data on streams, lakes, springs, precipitation, climate, surface water runoff, geologic structure, vegetation maps, root depth, evaporation, and How does this affect long term supply of the Simsboro Layer of the Carizo-Wilcox aquifer and the Hosston Layer of the The Central Texas Water Alliance will have agreements in place with both groundwater conservation districts, which provide oversight of water usage to ensure that supply is available in the long- -term. They calculate each permit by calculating estimated future water usage, supply, and demand, ande ensure that water supply levels are sustained. The permits are createdwith the intent to surface water during high flow conditions. Whatis thee expected timelinet for providing water supply? Texasi in2 2030. WhatisaF Regional Water Authority? Legislaturein2025. Howi is the projectfunded? directly by the authority sponsors and grants. managed? more. Insimomalonisanayad toquantify aquifer properties and groundwateri inflows and oulflows. Trinity Aquifer? preserve thea aquifer and its water resources for many generations to come.